EPA/450/3-78/086
U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 285
Air Pollution Regulations in State
Implementation Plans: Oklahoma
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
PB 290285
EPA-450/3-78-086
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
Oklahoma
_ -w-.-r.Tiniv
\-ROitCTloN
AGENCY
i445 ROSS AVENUE
QMS, TEXAS 75202
SEPROOUCtO 8Y
NATIONAL TECHNICAL
INFORMATION SERVICE
U. S. DEPARTMENT OF COMMERCE
SPRINGFIELD, VA. 22161
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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1 REPORT NO.
EPA-450/3-78-086
2.
3. RECIPIENTS ACCESSIOWNO.
4 TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation
Plans: Oklahoma
5. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
7 AUTHOR(S)
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
13. TYPE OF REPORT AND PERIOD COVERED
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control 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, 1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air ouality 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
DESCRIPTORS
b.IDENTIFIERS/OPEN ENDED TERMS
c. COSATI Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS /This Report)
Unclassified
21.
20. SECURITY CLASS (Thispage)
Unclassified
22. PRICE
EPA Form 2220-1 (9-73)
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EPA-450/3-78-086
Air Pollution Regulations
in State Implementation Plans
>v
Oklahoma
flft
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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-450/3-78-086
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 bean 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
in
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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
OKLAHOMA
Submittal Date
3/4/75
10/7/75
Section Number
52.1924
52.1929
52.1931
Approval Date
8/6/76
8/4/77
FEDERAL REGULATIONS
Description
Reg. 16.1, 16.3,
16.5
Reg. 4.2
Description
Review of new or modified indirect sources.
Prevention of significant deterioration.
Petroleum storage tank controls.
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TABLE OF CONTENTS
Revised Standard
Subject Index
(51.13)
(2.0)
(2.0)
(2.0)
(i.o)
(51.13)
(51.13)
(51.13)
(51.13)
(12.0)
(2.0)
(2.0)
(i.o)
(2.0)
(7.0) (9.0)
(2.0)
(i.o)
(1.0)
(3.0)
STATE
Regulation
Number
1
1.0
1.1
1.2
1.3
1.4
1.5
1.6
1.7
2
2.0
2.1
2.2
2.3
2.4
2.5
3
3.0
4
REGULATIONS
Title
Prohibition of Open Burning
Purpose
Scope
Effective Date
Definitions
Open Burning Prohibited
Salvage Operations Utilizing Open
Burning
Municipal Solid Waste Disposal
Permissible Open Burning
Prohibition of Removal and/or
Disabling of Motor Vehicle Pollution
Control Devices
Purpose
Scope
Definitions
Prohibited Acts
Maintenance, Repair or Testing
Use of Liquified Petroleum-Gas
Defining Terms Used in Oklahoma, Air
Pollution Control Regulations
Definitions
Pertaining to the Registration of
Page
1
1
1
1
1
2
2
2
2
5
5
5
5
6
6
6
7
7
13
Air Contaminant Sources
(3.0) 4.1 Registration of Potential Sources 13
of Air Contaminants
VI
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Revised Standard Regulation
Subject Index Number Title Page
(14.0) 4.2 Confidentiality of Proprietary 13
Information
(51.9) 5 Pertaining to the Type, Operation 14
and Maintenance of Incinerators
and Defining Acceptable Emissions
Splitting Therefrom
(51.9) 5.0 Regulation of Incinerators 14
(51.5) 6 Pertaining to the Control of the 17
Emission of Particulate Matter from
Fuel-Burning Equipment
(51.5) 6.0 Emission of Particulate Matter is 17
Prohibited
(51.5) 6. 1 Existing from Fuel Burning Equipment 17
(50.1) 7 Pertaining to the Control of Smoke, 19
Visible Emissions and Particulates
(2.0) 7.0 General Provisions 19
(50.1.2) 7.1 Smoke and Visible Emissions 19
(50.1) 8 Pertaining to the Control of the 20
Emission of Particulate Matter from
Industrial and Other Processes and
Operations
(2.0) 8.0 General Provisions 20
(50.1.1) 8.1 Process Emission Limitations 20
(2.0) 8.2 Exception to Emission Limits 20
(9.0) 8.3 Sampling and Testing 20
(50.1.3) 9 Control of Fugitive Dust 23
(7.0) (13.0) 11 Malfunction of Equipment, Reports 24
Required
(9.0) 12 Sampling and Testing Methods 25
(13.0) 13 Monitoring of Emissions Recording 26
and Reporting of the Same are Required
VII
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Revised Standard Regulation
Subject Index Number Title Page
(3.0) 14 Permits Required 27
(50.4) 15 Control of Emission of Nonmethane 32
Hydrocarbons
(2.0) 15.1 Purpose 32
(50.4) 15.2 Nonmethane Hydrocarbons 32
(50.4) 15.3 Organic Solvents 35
(2.0) 15.4 General Exceptions 36
(1.0) 15.5 Definition 37
(50.2) 16 Control of Emission of Sulfur Compounds 38
(2.0) 16.1 Purpose 38
(50.2) 16.2 Exisiting Equipment- Sulfur Oxides 28
Standards
(50.2) 16.3 New Equipment - Sulfur Oxides Standards 39
(51.18) 16.31 Sulfuric Acid Plants 39
(51.6) 16.32 Fuel-Burning Equipment 40
(51.19) 16.33 Sulfur Recovery Plants 42
(51.11) 16.34 Nonferrous Smelters 43
(51.14) 16.35 Paper Pulp Mill 44
(50.2) 16.5 New Equipment - Hydrogen Sulfide 44
Standards
(50.5) 17 Control of Emission of Carbon Monoxide 46
(2.0) 17.1 Purpose 46
(50.5) 17.2 Emission Limits 46
(9.0) 17.2 Performance Testing 46
(50.3) 18 Control of Emission of Nitrogen Oxides 47
(2.0) 18.1 Purpose 47
(50.3) 18.2 Emission Limits 47
VIII
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Revised Standard
Subject Index
(9.0)
(2.0)
(1.0)
(2.0)
(15.0)
(8.0)
(9.0)
(5.0)
(16.0)
(3.0) (5.0)
(16.0)
(14.0)
(2.0)
(2.0)
(50.7)
(2.0)
(2.0)
(50.1.2)
(51.9)
(51.5)
(50.1.1)
(51.8)
(51.13)
(12.0)
Regulation
Number
18.3
28-25
28-26
28-27
28-28
28-30
28-31
28-32
28-33
28-34
28-35
28-36
28-37
28-38
28-39
28-40
28-41
28-42
28-43
28-44
28-45
28-46
23-47
28-48
Title
Performance Testing
Citation
Definitions
Notice of Changes
Enforcement
Emergency
Tests, Data Sampling
Variances
Air Quality Control Variance Board
Application for Variance
Public Hearings
Proprietary Information
Notice
Fee
Nuisance Declared
Liability
Air Pollution Prohibited
Emission of Dense Smoke Prohibited
Incinerators
Fuel Burning Equipment
Process Equipment or Operations
Hot Mix Asphalt Plants
Open Burning Prohibited
Motor Vehicle Pollution Control
Page
47
49
49
52
52
52
52
52
53
54
54
54
55
55
55
55
55
55
55
56
57
57
57
58
Devices
(51.5)
28-49
Tables and Charts
59
IX
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TULSA CHARTER AND REVISED ORDINANCES
Revised Standard
Subject Index
(1.0)
(2.0)
(2.0)
(3.0)
(50.7)
(2.0)
(9.0)
(2.0)
(51.13)
(51.9)
(50.1)
(50.2)
(2.0)
(5.0)
(15.0)
(2.0)
Section
Number
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
Title (
Def i ni ti ons
Technical Advisory Council
Zoning and Planning
Building Permits
Nuisance
Listing of Devices and Equipment
Inspection
Rules and Regulations
Control of Open Burning
Incinerators
Control of Air Pollution from
Smoke and Parti cul ate Matter
Control of Air Pollution from Sulfur
Compounds
Right or Review and Exceptions Thereto
Variances
Penalties
Limitations
'age
66
66
66
66
67
67
67
67
67
70
72
78
82
83
S3
83
FEDERALLY PROMULGATED REGULATIONS
(10.0)
(17.0)
(51.16)
52.1924
52.1929
52.1931
Review of New or Modified Indirect
Sources
Prevention of Significant Deterioration
Petroleum Storage Tank Controls
86
96
108
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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
XI
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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,
Rice 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) - Particulates
(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) - N0£ (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
XII
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Regulation No. 1
(51.13) Prohibition of Open Burning
(2.0) 1.0 Purpose
This regulation is for the purpose of preventing, abating, and
controlling air pollution resulting from air contaminants released in. the
open burning of refuse and other combustible materials.
(2.0) 1.1 Scope
This regulation shall apply to all operations involving open burning
except those specifically exempted by Section 1.7.
(2.0) 1.2 Effective Date
The effective date of this regulation shall be January 1, 1971.
(1.0) 1.3 Definitions
As used in this regulation, the words and phrases shall have the
definitions set forth below in this section. The definitions contained in
the Oklahoma Clean Air Act, under which this regulation is promulgated,
shall also apply.
Open burning shall mean the burning of combustible materials in such
a manner that the products of combustion are emitted directly to the outside
atmosphere.
Combustible materials shall mean any substance which will readily burn
and shall include those substances which, although generally considered in-
combustible, are or may be included in the mass of the material burned or to
be burned.
Refuse shall mean garbage, rubbish, and all other wastes generated by
a trade, business, industry, building operation, or household.
Products of combustion shall mean all particulate and gaseous air
contaminants emitted as a result of the burning of refuse and combustible
materials.
Open-pit incinerator shall mean a device consisting of a pit (into
which the material to be combusted is placed) and nozzles, pipes, and
other appurtenances designed and arranged in a manner to deliver additional
air and/or auxiliary fuel to, or near, the zone of combustion so that
theoretically complete combustion is accomplished or approached.
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(51.13) 1.4 Open Burning Prohibited
No person shall cause, suffer, allow, or permit open burning or
refuse and other combustible material except as may be allowed in
compliance with Section 1.7.
(51.13) 1.5 Salvage Operations Utilizing Open Burning
No person shall cause, suffer, allow, or permit open burning of
combustible material in connection with the salvage of motore vehicles, tires,
oil and similar substances, containers, coated or painted wire and metals,
and other material.
(51.13) 1.6 Municipal Solid Waste Disposal
Open burning shall not be utilized in any manner in the operation
of dumps and other solid waste disposal areas owned and operated by
cities or towns of greater than 10,000 population, according to the latest
federal census. Such disposal areas owned and/or operated by other
persons under license, permit, or contract to a city or town of greater
than 10,000 population shall be deemed to fall within the provisions of
this section. Dumps and other solid waste disposal areas operated for
the convenience of a populated area of greater than 10,000 or for the
convenience of part or all of a city or town of greater than 10,000
shall be deemed to fall within the provisions of this section.
Any city or town adjacent thereto with a common boundary with a city
or town of greater than 10,000 population shall be deemed to fall within
the provisions of this section as of July 1, 1971. The following time
schedule shall likewise apply to cities and towns of lesser population
and those adjacent thereto with a common boundary.
5,000 to 10,000 population July 1, 1972
3,000 to 5,000 population July 1, 1973
All other cities or towns July 1, 1974
(51.13) 1.7 Permissible Open Burning
The open burning of refuse and other combustible material may be
conducted as specified in the sub-sections set forth below if no public
nuisance is or will be created and if the burning is conducted in compliance
with, other applicable laws and the ordinances, regulations and orders of
governmental entities having jurisdiction, including air pollution control
ordinances, regulations and orders. The authority to conduct open burning
under the provisions of this section does not except or excuse a person from
the consequences, damages, or injuries which may result from such conduct
nor does it excuse or exempt any person from complying with all applicable
laws, ordinances, regulations, and orders of the governmental entities
having jurisdiction, even though the open burning is conducted in compliance
with this section.
1.701 Firest purposely set for the instruction and training of public
and industrial fire-fighting personnel when authorized by the appropriate
governmental entity.
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1.702 Fires set for the elimination of a fire hazard which cannot
be abated by any other means when authorized by the appropiate governmental
entity.
1.703 Fires set for the removal of dangerous or hazardous material
where there is no other practical or lawful method of disposal.
1.704 Camp fires and other fires used solely for recreational pur-
poses, for ceremonial occasions, or for outdoor non-commercial preparation
of food.
1.705 Fires purposely set to forest or range lands for a specific
reason in the management of forests or game in accordance with practices
recommended by the Oklahoma Department of Wildlife Conservation, the
Oklahoma State Department of Agriculture, and the United States Forest
Service.
1.706 The burning of trees, brush, grass, and other vegetable
matter in the clearing of land, right-of-way maintenance operations, and
agricultural crop burning if the following conditions are met:
a. Prevailing winds at the time of the burning must be away from
any city or town, the ambient air of which may be affected by
air contaminants from the burning;
b. The location of the burning must not be adjacent to an occupied
residence other than those located on the property on which the
burning is conducted;
c. Care must be used to minimize the amount of dirt on the material
being burned;
d. Oils, rubber, and other similar materials which produce unreasonable
amounts of air contaminants may not be burned;
e. The initial burning may begin only between three hours after sun-
rise and three hours before sunset and additional fuel may not
be intentionally added to the fire at times outside the limits
stated above, and
f. The burning must be controlled so that a traffic hazard is not
created as a result of the air contaminants being emitted.
1.707 Where no municipal collection and disposal service is available,
the burning of refuse and other combustible materials generated in the oper-
ation of a domestic household if the following conditions are met:
a. The material to be burned must be the combined waste from a
building designed to accommodate more than three such households;
b. The burning must be conducted on the property on which the waste
is generated; and
c. The initial burning may begin only between three hours after sun-
rise and three hours before sunset and additional fuel may not be
intentionally added to the fire at times outside the limits stated
above.
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1.708 Except as may be prohibited by other provisions of this
regulation, open burning may be utilized in the operation of dumps and
other solid waste disposal areas owned and operated by, or otherwise
serving, cities and towns of 10,000 population or less (according to the
latest official federal census), unincorporated cities and towns, and rural
areas if the following conditions are met:
a. The burning must not be conducted within a city or town (other
than the city or town which is the source of the refuse) or in
such proximity thereto that the ambient air of such city or town
may be affected by the air contaminants being emitted;
h. The burning must not be conducted within one mile of the boundary of
the State of Oklahoma;
c. The burning must not be conducted within 1,000 feet of any high-
way designated on the official state highway map prepared by
the Oklahoma State Department of Highways, and, in any event, the
burning must be controlled so that a traffic hazard is not created
on any public road, street, or highway as a result of the air
contaminants being emitted; and
d. The burning must be conducted within one mile of any military,
commercial, county, municipal, or private airport or landing
stri p.
1.709 The burning of hydrocarbons which are spilled or lost as a
result of pipeline breaks or other accidents involving the transportation
of such materials or which are generated as wastes as the result of oil
exploration, development, refining, or processing operations if the
following conditions are met:
a. The material cannot be practicably recovered or otherwise law-
fully disposed of in some other manner;
b. The burning must not be conducted within a city or town or in
such proximity thereto that the ambient air of such city or town
may be affected by the air contaminants being emitted;
c. The initial burning may begin only between three hours after
sunrise and three hours before sunset and additional fuel may not
be intentionally added to the fire at times outside the limits
stated above; and
d. The burning must be controlled so that a traffic hazard is not
created as the result of the air contaminants being emitted.
1.710 The burning of any combustible material in an open-pit
incinerator which has been properly designed and which is properly operated
for the control of smoke and particulate matter.
1.711 The burning of hydrocarbons, which must be wasted, through
the use of smokeless atmospheric flares.
-4-
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Regulation No. 2
(12.0) Prohibition of Removal and/or
Disabling of Motor Vehicle Pollution
Control Devices
(2.0) 2.0 Purpose
This regulation is for the purpose of preventing, abating, and
controlling air pollutants which would otherwise be emitted through the
operation of motor vehicles and of motor vehicle engines.
(2.0)
This regulation shall apply to all motor vehicles, registered
or subject to registration with the Oklahoma State Tax Commission, in
which, as new vehicles, motor vehicle pollution control devices have
been installed by virtue of federal laws and regulations, in effect
now and hereafter, requiring such devices to be installed. However,
nothing in this regulation shall supersede or otherwise modify such federal
laws and regulations, nor shall anything in this regulation be construed
to require the installation of motor vehicle pollution control devices
on motor vehicles not referred to by such federal laws and regulations.
(1.0) 2.2 Definitions
As used in this regulation, the words and phrases shall have the
definitions set forth below in this section. The definitions contained
in the Oklahoma Clean Air Act, under which this regulation is promulgated,
shall also apply.
Motor vehicle shall mean a self-propelled, wheeled vehicle designed
for normal use of public streets and highways.
Motor vehicle pollution control device shall mean any or all of the
devices or systems referred to in this section and designed to control or
prevent air pollution emissions from motor vehicles.
Positive crankcase ventilator shall mean a system, device, or designed
and installed in such a manner as to prevent or reduce the release or
emission to the outside atmosphere of gases and/or vapors produced or other-
wise present in the crankcase of the engine of a motor vehicle.
Exhaust emission control system shall mean a system., device, or
engine modification designed and installed in such a manner as to reduce or
prevent the emission to the atmosphere of air pollutant gases, vapors, and
particulate matter released from the motor vehicle engine through the exhaust
manifold and tailpipe.
-5-
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Evaporating loss control system shall mean a system or device
designed and installed in such a manner as to reduce or prevent the
emission to the atmosphere of the vapors of the hydrocarbon fuel contained
in the fuel tank, carburetor, and/or fuel pump of the motor vehicle.
New vehicle shall mean a motor vehicle which is in the possession
of persons in the channels of commerce in such a manner that the vehicle
is not subject to registration with the Oklahoma State Tax Commission by the
ultimate purchaser.
(2.0) 2.3 Prohibited Acts
No person shall cause, suffer, allow, or permit the removal, dis-
connection, and/or disabling of a positive crankcase ventilator, exhaust
emission control system, or evaporative loss control system which has been
installed on a motor vehicle; nor shall any person defeat the design pur-
pose of any such motor vehicle pollution control device by installing
therein or thereto any part or component which is not an authentic replacement
part or component of the device.
(7.0) 2.4 Maintenance, Repair, or Testing
(9.0)
For the purpose of routine maintenance, repairs, or testing of the
motor vehicle, its components, or the motor vehicle pollution control de-
vices, the motor vehicle or its engine may not be operated on public
streets or highways with the motor vehicle pollution control devices removed
or otherwise rendered inoperable.
(2.0) 2.5 Use of Liquefied Petroleum Gas
Operation of a motor vehicle or its engine which uses liquefied
petroleum gas as fuel is hereby exempted from provisions of this regulation.
-6-
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Regulation No. 3
(1.0) Defining Terms Used in Oklahoma
Air Pollution Control Regulations
(1.0) 3.0 Definitions
3.01 It is the purpose of this regulation to provide definitions
of words and phrases used in the field of air pollution and which are con-
sistent with accepted usage. The definitions contained in the Oklahoma
Clean Air Act, under which this regulation is promulgated, shall also
apply as well as those included in Regulations Nos. 1 and 2.
Air Contaminant Source - any and all sources of emission of air
contaminants, whether privately or publicly owned or operated, or person
contributing to emission of air contaminants. Without limiting the gen-
erality of the foregoing, this term includes all types of business, commercial
and industrial plants, works, shops and stores, and heating and power plants
or stations, buildings and other structures of all types.
Air Pollution Abatement Operation - any operation which has its essential
purpose a significant reduction in (a) the emission of air contaminants, or
(b) the effect of such emission.
Atmosphere - the air that envelops or surrounds the earth.
Chimney - any conduit, duct, stack, vent, flue, or opening of any kind
whatsoever arranged to conduct any emission of products to the atmosphere.
Division - is the Air Pollution Control Division, Oklahoma State
Department of Health.
Dust - solid particulate matter released into or carried in the air
by natural forces, by any fuel-burning, combustion, process equipment or device,
construction work, mechanical or industrial processes.
Equivalent Opacity - the degree to which an emission, other than gray
or black smoke, is partially or wholly impervious to rays of light and
causes obstruction of an observer's view, expressed as an equivalent of the
obstruction caused by a gray or black smoke emission of a given density as
measured by a Ringelmann Smoke Chart.
Excess Air - air entering a combustion chamber in excess of the amount
theoretically required to complete combustion of materials in the combustion
chamber.
Fly Ash - particulate matter capable of being gasborne or airborne,
consisting essentially of fused ash and/or burned or unburned material.
-7-
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Fuel-Burning Equipment - any equipment, device, or contrivance,
and all appurtenances thereto, including ducts, breechings, fuel-feeding
equipment, ash-removal equipment, combustion controls, stacks and chimneys,
used primarily to burn any fuel for the purpose of indirect heating in
which the material being heated is not contracted by and adds no substance
to the products of combustion.
Incinerator - a combustion device specifically designed for the des-
truction, by high temperature burning, of solid, semi-solid, liquid, or
gaseous combustible wastes and from which the solid residues contain little
or no combustible material.
Mechanical Fuel-Burning Equipment - fuel-burning equipment incor-
porating means by which fuel is mechanically introduced into the combustion
chamber.
Mist - a suspension of any finely divided liquid in any gas or
atmosphere excepting uncombined water.
Multiple-Chamber Incinerator - any article, machine, equipment, or
contrivance or part of a structure, used to dispose of refuse or garbage
by burning, consisting of three or more refractory-lined chambers in series,
physically separated by refractory walls, interconnected by gas passage ports
or ducts and employing adequate design necessary for maximum combustion of
material to be burned.
Odorant (Odor) - that property of a material that affects the sense
of smel 1.
Opacity - see Equivalent Opacity.
Particulate Matter - any material that exists in a finely divided form
as a liquid or a solid.
Process Equipment - any equipment, device or contrivance for changing
any materials or for storage or handling of any materials, the use or
existence of which may cause any discharge of air contaminants into the open
air, but not including that equipment specifically defined as Fuel-Burning
Equipment, or Refuse-Burning Equipment.
Process Weight - the weight of all materials introduced in a source
operation, including solid fuels, but excluding liquids and gases used
solely as fuels, and excluding air introduced for the purposes of combustion.
Process weight rate means a rate established as follows:
(a) For continuous or long-run, steady-state, operations, the total
process weight for the entire period of continuous operation or
for a typical portion thereof, divided by the number of hours of
such period or portion thereof.
(b) For cyclical or batch source operations, the total process weight
for a period which covers a complete or an integral number of
cycles, divided by the hours of actual process operation during
such period.
-8-
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(c) Where the nature of any process or operation or the design
of any equipment is such as to permit more than one inter-
pretation of this definition, that interpretation which re-
sults in the minimum value for allowable emission shall apply.
Refuse - the inclusive term for solid, liquid or gaseous waste pro-
ducts which are composed wholly or partly of such materials as garbage,
sweepings, cleanings, trash, rubbish, litter, industrial, commercial and
domestic solid, liquid or gaseous waste; trees or shrubs; tree or shrub
trimmings; grass clippings; brick, plaster, lumber or other waste resulting
from the demolition, alteration or construction of building or structures;
accumulated waste material, cans, containers, tires, junk or other such
substances.
Refuse-Burning Equipment - any equipment, device, or contrivance,
and all appurtenances thereto, used for the destruction of combustible re-
fuse or other combustible wastes by burning.
Ringelmann Chart - the chart published and described in the U.S.
Bureau of Mines Information Circular 8333.
Smoke - small gasborne or airborne particles resulting from com-
bustion operations and consisting of carbon, ash, and other matter any or
all of which is present in sufficient quantity to be observable.
Source Gas Volume - the volume in standard cubic feet, of all gases
leaving a source operation; for purposes of this definition, the boundary
of a source operation is that point or surface at which the separation of
the air contaminants from the process materials, or the conversion of the
process materials, or the conversion of the process materials into air con-
taminants, is essentially complete.
Source Operation - is the last operation preceding the emission of
an air contaminant, which operation (a) results in the process materials or in the
conversion of the process materials into air contaminants, as in the case of
combustion fuel; and (b) is not an air pollution abatement operation.
Stack - is any chimney, flue, duct, conduit, exhaust, vent or
opening of any kind whatsoever capable of, or used for, the emission of
air contaminants.
Standard Conditions - a gas temperature of 68 degrees Fahrenheit
(20° Centrigrade) and a gas pressure of 14.7 pounds per square inch absolute.
Standard Cubic Foot of Gas - that amount of gas which would occupy
a cube having dimensions of one foot on each side, if the gas were at standard
conditions; calculations to determine the number of standard cubic feet cor-
responding to actual measured conditions shall follow accepted engineering
practice.
Standard Dry Cubic Foot of Gas - that amount of the gas which would
occupy a cube having dimensions of one foot on each side, if the gas were
free of water vapor and at standard condition; calculations to determine the
number of standard dry cubic feet corresponding to actual measured conditions
shall follow accepted engineering practice.
-9-
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Visible Emission - is any air contaminant, vapor or gas stream which
contains or may contain an air contaminant which is passed into the atmosphere
and which is perceptible to the human eye.
Air Pollution Episode - high levels of air pollution existing for an
extended period (24 hours or more) of time which may cause acute harmful
health effects during periods of atmospheric stagnation, without vertical
or horizontal ventilation. This occurs when there is a high pressure air
mass over an area, a low wind speed and there is a temperature inversion.
Other factors such as humidity may also affect the episode conditions.
Architectural Coating - a coating used for residential, commercial
and/or industrial buildings and their appurtenances.
Basic Oxygen Furnace - (BOF) - a furnace in which the melting and
refining of iron are accomplished by the addition at high velocities of
large amounts of high purity oxygen to the atmosphere above the surface of
the metal bath. The metal is held in a til table vessel with a basic refractory
lining. Such a furnace includes the furnace proper, oxygen lance, scrap
and flux charging units, iron transfer units, gas collecting and cleaning
equipment, stacks and any other auxiliaries pertinent to the process.
Blast Furnace - furnace and equipment used in connection with the
smelting process 6T~reducing metallic ores to molten metal in which primarily
oxygen is removed from the ore and gas is produced as a by-product. The
furnace and equipment consists of, but is not limited to, the furnace proper,
charging equipment, stoves, bleeders, gas dust-cleaning devices, after-
burner, and other auxiliaries pertinent to the process.
Catalytic Cracking Unit - a unit composed of a reactor, regenerator
and fractionating towers which is used to covert certain petroleum fractions
into more valuable products by passing the material through or commingled
with a bed of catalyst in the reactor. Coke deposits produced on the
catalyst during cracking are removed by burning off in the regenerator.
Effluent Water Separator - any tank, box, sump, or other container in
which any material compound floating on or entrained or contained in water
entering such tank, box, sump or other container is physically separated
and removed from such water prior to outfall, drainage, or recovery of such
water.
Existing Source- an air contaminant source which is in being on the
effective date of these regulations.
Foundry Cupola - a shaft-type furnace used for the melting of metals
usually consisting of, but not limited to, the furnace proper, tuyeres,
fans or blowers, tapping spout, charging equipment, gas-cleaning devices and
other auxiliaries. Shaft furnaces used for processing non-metallic
materials are not included under this definition but are included in the
definition of process equipment.
Fugitive Dust - solid air-borne particulate matter emitted from any
source other than a stack or chimney.
-10-
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Fume - minute solid particles generated by the condensation of vapors
to solid matter after volatilization from the molten state, or generated
by sublimation, distillation, calcination, or chemical reaction when these
processes create air-borne particles.
Garbage - all putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
Motor Vehicle - (See definition in Regulation No. 2)
New Installation (Source or Equipment) - an air contaminant source
which is not in being on the effective date of these regulations and any
existing source which is altered, replaced, or rebuilt after the effective
date of the regulations such that the amount of air contaminant emissions
is increased.
Nitric Acid Plant - process involving the high temperature oxidation
of ammonia with air over a catalyst to^orm nitric oxide which is reacted with
air to form nitrogen dioxide wnicn is absorbed in water to weak nitric acid
which may be concentrated. The plant consists of, but is not limited to, the
the reactor, absorber, concentrator and ether auxiliaries pertinent to the process,
Organic Materials - chemical compounds of carbon excluding carbon
monoxide, carbon dioxide, carbonic acid, metallic carbides, metallic cabonates,
and ammonium carbonate.
Paper Mill - plant in which paper, paperboard, carboard, paper felt,
or similar material is produced from waste paper products, wood chips and/or
pulp slurry, including, but not limited to, mixers, forming screens, suction
boxes, dryers, filters, paper rolls and other auxiliary equipment pertinent
to the process.
Particle Board - mat-formed flat panels consisting of wood particles
bonded together with synthetic resin or other suitable binder.
Petroleum and Natural Gas Processes - processes used in the processing
of crude petroleum and/or natural gas into refined products including, but
not limited to, distillation columns, treating columns, catalytic cracking
units, catalytic reforming units, sulfur removal equipment, petroleum
coke units, flares, heat exchangers, reboilers, jet ejectors, compressors,
recompressors and other auxiliary equipment pertinent to the process.
Photochemically Reactive Solvent - any solvent with an aggregate of
more than zu percent of its total volume composed of the chemical compounds
classified below or which exceeds any of the following individual per-
centage composition limitations, referred to the total volume of solvent:
(a) A combination of hydrocarbons, alcohols, aldehydes, esters, ethers,
or ketones having an olefinic or cyclo-olefinic type of unsat-
uration: 5 percent;
(b) A combination of aromatic compounds with either eight (8) or
more carbon atoms to the molecule except ethyl benzene : 8 percent;
(c) A combination of ethyl benzene, ketones having branched hydrocarbon
structures, trichloroethylene or toluene: 20 percent.
-n-
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Whenever any organic solvent or any constituent of an organic solvent may
be classified from its chemical structure into more than one of the above
groups of organic compounds, it shall be considered as a member of the most
reactive chemical group; that is, that group having the least allowable
percent of the total volume of solvents.
Plywood - a panel built generally of a number of thin sheets of veneers
of wood in which the grain direction of each ply or layer is at an angle to
the one adjacent to it.
Soiling Index - a measure of the soiling properties of suspended part-
iculates determined by drawing a known volume of air through a known area of
filter paper tape and measuring the optical density of the filtered deposit
as given in the American Society for Testing Materials Standard D 1704-61,
expressed in coefficient of haze (COH's) per 1000 linear feet.
Submerged Fill Pipe - means any fill pipe or dishcarge nozzle which
meets any one of the following conditions:
(a) The bottom of the discharge pipe or nozzle is below the surface
of liquid in the receiving vessel for at least 95 percent of the
volume filled.
(b) The bottom of the discharge pipe or nozzle is less than 6 inches
from the bottom of the receiving vessel.
(c) The bottom of the discharge pipe or nozzle is less than 2 pipe
or nozzle diameters from the bottom of the receiving vessel.
(d) Other conditions acceptable to the Director.
Pulp Mill - the process equipment used in production of pulp from
wood chips or bolts which may include but are not limited to, debarker,
chipper, digester, blow tank, washers, condensers, evaporators, recovery
furnace, lime kiln, smelt-dissolving tank, mixers, heat exchangers, gas
scrubbers and other auxiliaries pertinent to the process.
Stationary Engine - an internal combustion engine not providing
motive power to a motor vehicle. Stationary external combustion engines
are included in the definition for fuel-burning equipment.
Temperature Inversion - a phenomenon in which the temperature in a
layer of air increases with height and the cool heavy air below is trapped
by the warmer air above and cannot rise.
Veneer - a thin panel of wood usually not exceeding 1/4 inch in thick-
ness, formed by slicing or peeling from a log.
Volatile Organic Compound - any compound containing carbon and hydro-
gen or containing carbon and hydrogen in combination with any other element
v/hich has a vapor pressure of 1.5 pounds per square inch absolute or greater
under actual storage condition.
-12-
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Regulation No. 4
(3.0) Pertaining to the Registration
of Air Contaminant Sources
4.0 The purpose of this regulation is to provide the Council with data
whereby they might determine conditions of air pollution, as between part-
icular air contaminant sources and as between particular areas of the
state, such as urban, suburban, and rural areas.
(3.0) 4.1 Registration of Potential Sources of Air Contaminants
(a) The owner or operator of any potential air contaminant source on
the effective date of this regulation shall at such time as requested, file
with the Council information as to the nature of the air contaminant source
including such information as would be needed or useful in evaluating the
potential of the source for causing air pollution.
(b) The following information may be included for each source: total
weight of the contaminant released per day; period or periods of operation;
composition of the contaminant; physical state of the contaminant; temperature
and moisture content of the air or gas stream at the point where released
into the atmosphere and such other information as may be specifically
requested by the Director. Where an air or gas cleaning device is incor-
porated in the air or gas stream preceding discharge to the atmosphere, the
weight of material removed by the cleaning device, as well as the weight
emitted, shall be stated.
(14.0) 4.2 Confidentiality of Proprietary Information
No person shall disclose to anyone other than the Air Pollution
Council, the Commissioner, or a Court of competent jurisdiction any
information furnished or obtained pursuant to this regulation. Emission
data must be made available at all times to the public during working hours.
Upon request of the interested party or parties, all hearing in which
proprietary information is to be divulged shall be held "in camera" and
such information shall be sealed and access otherwise limited. Emission
data shall never be considered "proprietary" for purposes of these regulations
and must be available at all times to the public during normal working hours.
-13-
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Regulation No. 5
(51.9) Pertaining to the Type, Operation and Maintenance
of Incinerators and Defining Acceptable Emissions
Emitting Therefrom
(51.9) 5.0 Regulation of Incinerators
The purpose of this regulation is to deem it unlawful to burn refuse
in any incinerator except in a multiple-chambered incinerator or in equipment
determined by the Director to be equally effective for the purpose of air
pollution control.
This regulation shall become operative one year from and after its ef-
fective date. It will apply to any and all incinerators utilized within the
State of Oklahoma.
5.1 No person shall cause, suffer, allow, or permit the discharge of smoke
from an incinerator of a density darker than number one (1) on the Ringelmann
Chart or a visible emission of such an equivalent opacity as to obscure a
certified visible emission evaluator's view to a degree greater than number
(1) on the Ringelmann Chart.
5.12 Paragraph 5.1 of this regulation shall not apply to:
5.121 Visible emissions consisting of uncombined water droplets.
5.122 Smoke, the density of which is not darker than number
three (3) of the Ringelmann Chart for a period aggreg-
ating no more than five (5) minutes in any sixty (60)
consecutive minutes in any twenty-four (24) hour period.
5.2 No person shall cause or allow to be emitted into the open air from
any incinerator equipment, fly ash or other particulate matter in quantities
greater than shown in Figure 1. Solid fuels charged will be considered as
part of the refuse weight, but No. 1 and No. 2 fuel oil and gaseous fuels
and combustion air will not be so considered.
5.3 Hereafter no person shall operate an incinerator unless:
5.31 It is provided with an auxiliary burner for the purpose of main-
taining a temperature of at least 800°F. in the primary combustion
chamber.
5.32 It has a secondary burner for use when necessary to eliminate smoke.
5.33 It is a type of incinerator design that can be demonstrated to the
Director to be effective in accordance with the provisions of this
regulation. The burden of proof shall rest upon the owner of the
proposed incinerator.
--14-
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5.34 Comply with generally recognized good practices and all
applicable provisions of this regulation.
5.35 Make full and proper use of all components and appurtenances
thereof.
-15-
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Figure 1. ALLOWABLE EMISSION OF
PARTICULATES FROM INCINERATORS
60
10
6.0
3.0
4.0
3.0
2.0
.8
.7
.6
.5
.3
.2
^
1
^
/
*
i
f
f
f
/\
X
X
s
/
/
s
i
/
^
/
2<
/
3(
,4
x^
4
51
g^
1
"1
X
IS
-
s
B
/
x
11
/
I/
/
/
X"
«
^
^
^
•!••
^
Mta
X*1
^
1
1
^
y1
,x
W ZOO 300 400 500 70O 1000 2000 4000 10ODO 20000 4*000 100000
Refuse Charged in Pounds per Hour
Allowable Emission Rate May Be Calculated Using the Following Formula
for values of X-^100:
Y = 0.01221X+-7577
X = Refuse Charged, Ib./hr.
Y = Allowable Emission, Ib./hr.
-16-
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Regulation No. 6
(51.5) Pertaining to the Control of the Emission of
Particulate Matter from Fuel-Burning Equipment
(51.5) 6.0 Emission of Particulate Matter is Prohibited
The emission or escape into the open air of particulates resulting
from the combustion of fuel in any fuel-burning equipment or from any stack
connected thereto in quantities in excess of that indicated in Table 1 or in
Figure 1 is hereby prohibited.
(51.5) 6.1 Existing from Fuel-Burning Equipment •
Any fuel-burning equipment in operation prior to the effective date of
this regulation shall not emit particulate matter in excess of 0.6 pounds per
million B.T.U. heat input provided that all such existing equipment shall
comply with paragraph 6.0 of this regulation within eighteen (18) months
from and after the effective date of this regulation.
6.2 The emission or escape into the open air of particulate matter resulting
from the combustion of fuel in any fuel-burning equipment in quantities ex-
ceeding the limits specified in Table 1 for the size of equipment involved,
is prohibited. These limitations shall apply when the fuel-burning equipment
is operating at maximum design heat input rating. The heat input rating of
any unit discharging to a single stack shall be the maximum design input
rating, including both heat available from burning of fuel and any sensible
heat from materials introduced into the combustion zone of a standard temper-
ature of 60°F. For a heat input between any two (2) consecutive heat inputs
stated for Table 1 of this regulation, maximum allowable emission of part-
iculate matter are shown on Figure 1. When one fuel-burning unit is connected
to two or more stacks, the heat input of the equipment shall be the criterion
for the maximum allowable total emission from all stacks combined.
6.3 The burning of refuse in fuel-burning equipment is prohibited except in
equipment specifically designed to burn refuse.
Table 1.
Heat Input in Million Maximum Allowable Emissions
British Thermal Units of Particulate Matter in
per hour Pounds per Million
British Thermal Units
Up to and including 10 0.60
100 0.35
1,000 0.20
10,000 and above 0.10
-17-
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Figure 1.
Particulate Matter Emission Limits for Fuel-Burning Equipment
CO
o
CO
to
1/1
ca
<
o
_i
_i
*£.
10 102 103 104
EQUIPMENT CAPACITY RATING, 106 BTU/HR
-18-
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Regulation No. 7
(50.1) Pertaining to the Control of Smoke,
Visible Emissions and Particulates
(2.0) 7.0 General Prohibition
7.01 No person owning, leasing, or controlling the operation of any
air contaminant source shall willfully, negligently, or through failure to
provide necessary equipment or facilities or to take necessary precautions,
permit the emission from said air contaminant source of such quantities of
air contamination as will cause a condition of air pollution.
7.02 All existing installations shall comply with this regulation
within 18 months of its effective date.
(50.1.2)7.1 Smoke and Visible Emissions
7.11 No person shall cause, suffer, allow, or permit discharge of smoke
of a density darker than number one (1) on the Ringelmann Chart.
7.12 Paragraph 7.11 shall not apply to:
7.121 Smoke emitted during the cleaning of a fire, the building
of a new fire or the blowing of soot from boilers, or
other short-term occurrences, the density of which is not
darker than number three (3) on the Ringelmann Chart for
a period aggregating no more than five (5) minutes in any
sixty (60) consecutive minutes or more than 20 minutes in
any 24-hour period.
7.122 Smoke resulting from fires covered by the exceptions out-
lined in Regulation No. 1.
7.13 If a person shall cause, suffer, allow or permit discharge of a
visible emission of such an equivalent opacity as to obscure a certified
visible emission evaluator's view to a degree greater than number one (1)
on the Ringelmann Chart, the operator of the source shall, at the dis-
cretion of the Director, supply material balance data relating to the actual
emissions.
7.14 Paragraph 7.13 shall not apply to visible emissions consisting
of uncombined water droplets.
7.2 To insure compliance with this regulation, the Director, with the
approval of the Council, may require that an automatic recording emission
indicator be installed in such a manner that a record is made at all times
of the density or equivalent opacity of such emissions.
-19-
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Regulation No. 8
(50.1) Pertaining to the Control of the Emission of
Participate Matter from Industrial and Other
Processes and Operations
(2.0) 8.0 General Provisions
This regulation applies to any operation, process or activity except
fuel-burning equipment or refuse-burning equipment.
(50.1.1) 8.1 Process Emission Limitations
8.11 Existing installations. Eighteen (18) months from and after the
effective date of this regulation all existing installations must comply
with the rates of emissions as specified in Table 1.
8.12 New installations. From and after the effective date of this
regulation, all new installations must comply with the rates of emission
as specified in Table 1.
8.13 No person shall cause, let, permit, suffer, or allow the emission
from any general operation or general combustion operation of particulate
matter from any emission point at a rate in excess of that specified in Table
1 for the process weight rate allocated to such emission point.
(2.0) 8.2 Exception to Emission Limits
8.21 Temporary emissions. Emission of particulate matter during
periods of cleaning or adjusting process equipment shall not exceed 150
percent of the limits as set forth in the above sections for a period or
periods aggregating not more than six (6) minutes in any sixty (60) consecutive
minutes, in tnose operations utilizing control devices which reauire regular
intermittent cleaning, compliance with this regulation will be determined
on the basis of the average hourly emission.
(9.0) 8.3 Sampling and Testing
8.31 A person responsible for the emission of particulates from any
source shall, upon written request of the Director, make or have made at his
own expense, tests to determine the quantity or quality or both. Alter-
natively, said person shall be reasonably cooperative with the Director in
securing such tests.
8.32 Emission tests relating to the regulation shall be undertaken by
generally recognized standards or methods of measurements. Methods found
in the current ASME Test Code for Dust Separating Apparatus, the ASME
Power Test Code, the Code for Determining Dust Concentrations in Gas Streams
and the Los Angeles County Source Testing Manual may be used, but these may
-20-
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be modified or adjusted by the Director, in cooperation with the operator
of the source, to suit specific sampling conditions or needs based upon
good judgment and experience. Other methods found to produce reliable
results and approved by the Director may be used.
8.33 All tests shall be conducted, supervised or approved by a registered
professional engineer.
-21-
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Table 1.
ALLOWABLE RATE OF EMISSION BASED ON
ACTUAL PROCESS WEIGHT RATE
Process Weight
Rate
Lb/Hr Tons/Hr
TOO
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
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
9
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
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 = 4.10 P.°-5/,
and interpolation and extrapolation of the data for process weight rates in
excess of 60,000 Ib/hr shall be accomplished by use of the equation;
E = 55.0
where E = rate of emission in Ib/hr and
P = process weight rate in tons/hr.
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Regulation No. 9
(50.1.3) Control of Fugitive Dust
9.1 No person shall cause or permit the handling, transporting, or
disposition of any substance or material which is likely to be scattered
by the air or wind, or is susceptible to being air-borne, or wind-borne,
or to operate or maintain or cause to be operated or maintained, any
premise, open area, right-of way, storage pile of materials, vehicle,
or construction, alteration, demolition, or wrecking operation, or any
other enterprise, which involves any material or substance likely to be
scattered by the wind or air, or susceptible to being wind-borne that
would be classified as air pollution without taking reasonable pre-
cautions or measures to minimize atmospheric pollution.
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Regulation No. 11
(7.0) Malfunction of Equipment, Reports Required
(13.0)
11.1 In the case of shutdown of air pollution control equipment for nec-
essary scheduled maintenance, the intent to shut down such equipment shall
be reported to the Commissioner at least twenty-four (24) hours prior to
the planned shutdown. Such prior notice shall include, but is not limited
to the following:
(a) Identification of the specific facility to be taken out of
service as well as its location and permit number.
(b) The expected length of time that the air pollution control
equipment will be out of service.
(c) The nature and quantity of emissions of air contaminants
likely to occur during the shutdown period.
(d) Measures such as the use of off-shift labor and equipment
that will be taken to minimize the length of the shutdown
period.
(e) The reasons that it would be impossible or impractical to
shut down the source operation during the maintenance
period.
11.2 In the event that any emission source, air pollution control equip-
ment, or related facility breaks down in such a manner as to cause the
emission of air contaminants in violation of these regulations, the person
responsible for such equipment shall immediately notify the Commissioner
of such failure or breakdown and provide a statement giving all pertinent
facts, including the estimated duration of the breakdown. The Commissioner
shall be notified when the condition causing the failure or breakdown has
been corrected and the equipment is again in operation.
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Regulation No. 12
(9.0) Sampling and Testing Methods
12.1 All tests shall be made and the results calculated in accordance
with test procedures approved by the Commissioner. All tests shall be
made under the direction of a person qualified by training and/or exper-
ience in the field of air pollution control.
12.2 The Commissioner may conduct tests of emissions of air contaminants
from any source. Upon request of the Department, the person responsible
for the source to be tested shall provide necessary ports in stacks or ducts
to provide compliance with procedures approved by the Commissioner, and such
other safe and proper sampling and testing facilities, exclusive of
instruments and sensing devices as may be necessary for proper determination
of the emission of air contaminants.
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Regulation No. 13
(13.0) Monitoring of Emissions, Recording
and Reporting of the Same Are Required
13.1 The Commissioner may require the owner or operator of any air contam-
inant source to install, use, and maintain such monitoring equipment; sample
such emissions in accordance with methods as the Commissioner shall prescribe;
establish and maintain such records; and make such periodic emission reports
as required in Section 13.2.
13.2 Records and reports as the Commissioner shall prescribe on air contam-
inants of fuel shall be recorded, compiled, and submitted on forms furnished
by the Commissioner. (The procedures below are examples of such requirements.)
(a) Emissions of particulate matter, sulfur dioxide, and oxides
of nitrogen shall be expressed as follows: in pounds per
hour and pounds per million B.t.u of heat input for fuel-
burning equipment; in pounds per hour and pounds per 100
pounds of refuse burned for incinerators; and in pounds per
hour and in pounds per hourly process weight or production
rate or in terms of some other easily measured and meaningful
process unit specified by the Commissioner.
(b) Sulfur dioxide and oxides of nitrogen emission data shall be
averaged over a 24-hour period and shall be summarized monthly.
Daily averages and monthly summaries shall be submitted to
the Commissioner biannually. Data should be calculated daily
and available for inspection at any time.
(c) Particulate matter emissions shall be sampled and submitted
biannually.
(d) Visible emissions shall be measured continuously and records
kept indicating total minutes per day in which stack discharge
effluent exceeds 20 percent opacity. Data should be summarized
biannually. Current daily results shall be available for in-
spection at any time.
(e) The sulfur content of fuels, as burned, except natural gas,
shall be determined in accordance with current recognized
ASTM procedures. Daily and monthly averages shall be submitted
biannually. Daily records shall be kept current and be available
for inspection.
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Regulation No. 14
(3.0) Permits Required
(2.0) 14.1.0 Scope of the Regulation - pursuant to Section 2002 (Section 2),
Chapter 30. O.S.L. 1967 (63 O.S. Supp. 1970, Section 2002, as amended
by House Bill 1419, First Session of the Thirty-third Legislature, State
of Oklahoma 1971, Subsection D), this regulation is adopted to control
and prohibit pollution of air by the emission of air contaminants from
stationary sources within the State of Oklahoma.
14.1.1 General Requirements
(a) No person shall cause or permit the construction or modifi-
cation of any new source without first obtaining an authority
to construct or modify from the Commissioner as to the location
and design of such new source to comply with applicable rules
and regulations and ambient air quality standards.
(b) The Commissioner shall not approve such construction or mod-
ification unless the applicant demonstrates to the satisfaction
of the Commissioner that the new source can be expected to
comply with the applicable rules and regulations.
14.1.2 Applications
(a) A separate application is required for each new source subject
to rules and regulations. To aid in evaluating the new source,
additional applications may be required by the Commissioner.
Each application shall be signed by the applicant. The sig-
nature of the applicant shall constitute an agreement that the
applicant will assume responsibility tor the construction,
modification, or use of the new source concerned in accordance
with the rules and regulations.
14.1.3 Information Required
(a) Each application for an authority to construct or modify shall
be accompanied by two copies of complete data, site information
plans descriptions, specifications and drawings to show how the
proposed new source is designed and in what manner it will be
operated and controlled.
(b) Any additional information, plans, specifications, evidence or
documentation that the Commissioner may require.
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14.1.4 Standards for Granting Authority to Construct or Modify
No Authority to construct or modify shall be granted unless the applicant
shows to the satisfaction of the Commissioner that:
(a) The new source is designed and will be constructed orrrodified
to operate without causing a violation of the applicable
rules and regulations.
(b) The new source is designed, built and equipped in accordance
with the best available control technology so as to reduce
emissions to a minimum.
(c) The new source, as designed or modified, does not endanger
maintenance or attainment of any applicable ambient air
quality standard.
(d) The new source, if required by the Commissioner, shall be
provided with:
(1) Sampling ports of a size, number and location as the
Commissioner may require;
(2) Safe access to each port;
(3) Instrumentation to monitor and record emission data and;
(4) Any other sampling and testing facilities the Commissioner
may require.
14.1.5 Action on Applications
(a) The Commissioner shall act, within 30 days, on an application
for an authority to construct or modify, and shall notify the
applicant in writing of his approval, conditional approval, or
denial of the application.
(b) If an application is denied, the Commissioner shall set forth his
objections in the notice of denial.
(c) The applicant may submit answers and comments, in duplicate, to
the Commissioner's objections to the application.
(d) The Commissioner will consider the applicant's answers and comments
to his objections, and shall notify the applicant in writing of
his approval or denial of the application.
(e) The Commissioner shall not accept a further application unless
the applicant has complied with the objections specifiea by the
Commissioner as his reasons for denial of the authority to
construct or modify.
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14.1.6 Conditional Authority to Construct or Modify
The Commissioner may grant a conditional authority to construct or modify
if it appears likely from all of the information submitted that as a result
of the conditions the new source will satisfy the requirements of 14.1.4 above.
14.1.7 Cancellation of Authority to Construct or Modify
(a) The Commissioner shall cancel an authority to construct or modify
if the construction or modification is not begun within one
(1) year from the date of issuance, or if the work involved in
the construction or modification is suspended for one (1) year
or more from the date of issuance.
(b) An applicant may secure an extension of the expiration date by
written request to the Commissioner stating the reasons for the
request. Extensions may be granted for a period of not more than
six (6) months.
14.1.8 Permit to Operate
(a) Ho person shall begin operation of a new source without notifying
the Commissioner at least 30 days prior to operation.
(b) No person shall cause or permit the operation of a new source for
more than a sixty (60) day period without applying for a permit
to operate from the Commissioner.
(c) No owner or operator shall cause or permit the operation of a new
source if the Commissioner denies or revokes a permit to operate.
14.1.9 Applications - Applications for a permit to operate a new source shall
be made in accordance with 14.1.2 of this regulation.
14.1.10 Standards for Granting Permits - No permit to operate a new source
shall be granted unless the applicant shows to the satisfaction of the
Commissioner that the new source satisfied the requirements of the applic-
able rules and regulations and has been constructed, installed, or modifed
in accordance with the requirements and conditions contained in the authority
to construct or modify.
14.1.11 Performance Testing - Before a permit to operate a new source is
granted, the applicant, if required by the Commissioner, shall conduct
performance tests, in accordance with methods approved by the Commissioner
with the tests being made at the expense of the applicant. The Commissioner
may monitor performance tests conducted by the applicant and may also conduct
performance tests.
14.1.12 Action on Applications
(a) Before acting on an application for a permit to operate a new
source the Commissioner may require the applicant to furnish
additional information, plans or specifications.
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(b) The Commissioner shall act within a 60-day period on applica-
tion for a permit to operate and shall notify the applicant, in
writing, of his approval, conditional approval or denial of
the application.
(c) If an application is denied, the procedures of 14.1.5 of
this regulation shall apply.
14.1.13 Conditional Permit - The holder of a permit to operate shall comply
with the conditions contained in his permit as well as all applicable pro-
visions of rules and regulations.
14.1.14 Suspension or Revocation of Permit
(a) The Commissioner may suspend or revoke a permit to operate for
willful or continued violation of rules and regulations.
(b) Suspension or revocation of a permit to operate shall become
final 30 days after service of notice on the holder of the
certificate unless corrected.
(c) A permit to operate which has been revoked pursuant to these
regulations shall be surrendered forthwith to the Commissioner.
14.1.15 Transfer of Permit - Any purported or attempted transfer of a
permit to operate from one location to another or from one new source to
another automatically revokes the permit.
14.1.16 Reporting Information - No owner or operator shall cause or permit
the operation of any new source without furnishing such performance test
results, information and records as may be required by the Commissioner in
the applicable rules and regulations.
14.1.17 Exemptions - An authority to construct and a permit to operate shall
not be required for:
(a) The installation or alteration of an air contaminant detector,
air contaminant recorder, combustion controller or combustion
shutoff.
(b) Air conditioning or ventilating system not designed to remove
air contaminants generated by or released from equipment.
(c) Fuel-burning equipment, other than smoke house generators, which:
uses gas as a fuel for space heating, air conditioning or heating
water; or is used in a private dwelling or has a B.t.u. input
of not more than 500,000 B.t.u. per hour; or is used for space
heating, other than boilers and hot air furnaces.
(d) Internal combustion engines.
(e) Laboratory equipment used exclusively for chemical or physical
analyses.
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(f) Other sources of minor significance specified by the Commissioner.
(g) Structural changes which cannot change the quality, nature or
quantity of air contaminant emissions.
(h) Repairs or maintenance not involving structural changes to any
equipment in existence at the effective date of this regulation.
(i) Identical replacement in whole or in part of any article, machine,
equipment or other contrivance where a permit to operate had
previously been granted for such equipment or such equipment was
in existence at the effective date of this regulation.
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Regulation No. 15
(50.4) CONTROL OF EMISSION OF NONMETHANE HYDROCARBONS
(2.0) 15.1 Purpose
The purpose of this regulation is to control the emission of
nonmethane hydrocarbons from stationary sources to prevent the Oklahoma
air quality standards from being exceeded and insure that the present
level of air quality in Oklahoma is not degraded.
(50.4) 15.2 Nonmethane Hydrocarbons
15.21 Storage of Nonmethane Hydrocarbons
15.211 After the effective date of this regulation, no
person shall build or install or permit the building or
installation of any stationary tank, reservoir or other
container of more than 40,000 gallons (150,000 liters)
capacity which will or might be used for storage of any
nonmethane hydrocarbon, unless such tank, reservoir or
other container is to be a pressure tank capable of main-
taining working pressures sufficient at all times to
prevent organic vapor or gas loss to the atmosphere or is
designed, and will be built and equipped with one of the
following vapor-loss control devices:
(a) A floating roof, consisting of pontoon-type internal
floating cover or double-deck-type roof, which will
rest on the surface of the liquid contents and be
equipped with a closure seal, or seals, to close the
space between the roof edge and tank wall. Such
floating roofs are not appropriate control devices
if the nonmethane hydrocarbons have a vapor pressure
of 11 pounds per square inch absolute (568 mm Hg) or
greater under actual conditions. All 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 nonmethane
hydrocarbon vapors and gases discharged and a vapor-
disposal system capable of processing such nonmethane
hydrocarbon vapors and gases so as to prevent their
emission to the atmosphere and with all tank gauging
and sampling devices gas-tight when gauging or sampling
is taking place.
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(c) Other equipment or means of equal efficiency for purpose
of air pollution control as may be approved by the Director.
15.212 After the effective date of this regulation, no person
shall build or install or permit the building or installation
of a stationary nonmethane hydrocarbon storage tank with a
capacity of 250 gallons (950 liters) or more unless such
tank is equipped with a permanent submerged fill pipe or is
equipped with a nonmethane hydrocarbon vapor-recovery system
as required in subsection 15.211.
15.22 Loading of Nonmethane Hydrocarbons
After the effective date of this regulation, no person shall build
or install or permit the building or installation of a stationary nonmethane
hydrocarbon loading facility unless such loading facility is equipped with
one of the following vapor-loss control devices in good working order and
in operation:
(a) Vapor collection and disposal system. When loading in such
a system is effected through the hatches of a tank, truck or
trailer with a loading arm equipped with a vapor collecting
adaptor, pneumatic, hydraulic or other mechanical means shall
be provided to force a vapor-tight seal between the adaptor
and the hatch.
(b) A loading system with a submerged fill pipe.
A means shall be provided to prevent liquid nonmethane hydrocaron
drainage from the loading device when it is removed from the hatch of any
tank, truck or trailer, or to accomplish complete drainage before removal.
When loading is effected through means other than hatches, all
loading and vapor lines shall be equipped with fittings which make vapor-
tight connections and which close automatically when disconnnected.
The vapor-disposal portion of the system shall consist of one of
the following:
*
(a) A vapor-liquid-absorber system with a minimum recovery efficiency
of 90 percent by weight of all the volatile organic compound
vapors and gases entering such disposal system.
(b) A variable-vapor space tank, compressor, and fuel-gas system
of sufficient capacity to receive all volatile organic compound
hydrocarbon vapors and gases displaced from the tanks, trucks
and trailers being loaded.
(c) Other equipment of at least 90 percent efficiency, provided
such equipment is submitted to and approved by the Director.
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Subsection 15.22 shall apply to any facility which loads volatile organic
compounds into any tank, truck, or trailer having a capacity in excess of
200 gallons (760 liters).
15.23 Effluent Water Separators
After the effective date of this regulation, no person shall build
or install or permit the building or installation of a single- or mutiple-
compartment nonmethane hydrocarbon water separator which receives effluent
water containing 200 gallons (760 liters) a day or more of any nonmethane
hydrocarbon from any equipment processing, refining, treating, storing or
handling nonmethane hydrocarbons having a Reid vapor pressure of 0.5
pound or greater unless the compartment receiving said effluent water is
equipped with one of the following vapor-loss-control devices, properly
installed, in good working order and in operation:
(a) A container having all openings sealed and totally enclosing
the liquid contents. All gauging and sampling devices shall
be gas-tight except when gauging or sampling is taking place.
The oil removal devices shall be gas-tight except when manual
skimming, inspection and/or repair is in progress.
(b) A container equipped with a floating roof, consisting of a
pontoon type, double-deck-type roof, or internal floating
cover, which will rest on the surface of the contents and
is equipped with a closure seal and seals to close the space
between the roof edge and container wall. All gauging and
sampling devices shall be gas-tight except when gauging or
sampling is taking place. The oil removal devices shall be
gas-tight except when manual skimming, inspection and/or
repair is in progress.
(c) A container equipped with a vapor-recovery system, consisting
of a vapor-gathering system capable of collecting the nonmethane
hydrocarbon vapors and gases discharged and a vapor-disposal
system capable of processing such nonmethane hydrocarbon vapors
and 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 is taking place. The oil removal
device shall be gas-tight when manual skimming, inspection
and/or repair is in progress.
(d) Containers equipped with controls of equal efficiency, provided
such equipment is submitted to and approved by the Director.
15.24 Pa-pp and Compressors
After the effective date of this regulation, no person shall build
or install or permit the building or installation of any pump or compressor
handling nonmethane hydrocarbon compounds unless they are equipped by mechanical
seals or other equipment of equal efficiency and they are properly installed
in good working order.
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15.25 Waste Gas Disposal
15.251 Ethylene Manufacturing Emissions
After the effective date of this regulation no person shall
build or install or permit the building or installation of any
ethylene manufacturing plant unless the waste-gas stream under normal
operating conditions is properly burned at 1,300° F. for 0.3 seconds
or greater in a direct-flame after-burner equipped with an indicating
pyrometer which is positioned in the working area for the operator's
ready monitoring or an equally effective catalytic vapor incinerator
also with pyrometer. Proper burning of the waste-gas stream is defined
as reduction by 98 percent of the ethylene emissions originally pre-
sent in the waste-gas stream.
15.252 Vapor Slowdown
After the effective date of this regulation no person shall
build or install or permit the building or installation of any vapor-
blowdown system designed to handle 40 pounds per day or more of
nonmethane hydrocarbons unless such hydrocarbon compounds are
burned by smokeless flares, or an equally effective control device as
approved by the Director.
15.26 Fuel-Burning and Refuse-Burning Equipment
No person shall cause or allow the emission of hydrocarbons
or other organic materials from any new fuel-burning or refuse-
burning equipment. All such equipment shall be operated as to
minimize such emissions. Among other things, such operation shall
assure that the equipment is not overloaded, that it is properly
cleaned and maintained, and that temperature and available air are
sufficient to provide essentially complete combustion.
(50.4) 15.3 Organic Solvents
15.31 Heat Drying
No person shall cause or allow the discharge of more than 15
pounds of organic material into the atmosphere in any one day from
any article, machine or other contrivance built or installed after
the effective date of this regulation in which an organic solvent
or any material containing organic solvent comes into contact with
flame or is baked, heat-cured, or heat-polymerized, in the presence
of oxygen, except as provided in subsections 15.34 and 15.35 of this
regulation.
15.32 Manufacture of Solvents, Coatings, Plastics, and Rubber;
Spray Booths; Dry Cleaning
No person shall cause or allow the discharge of more than
40 pounds of organic material into the atmosphere in any one day
from any article, machine, equipment, or other contrivance in the
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manufacture of organic solvents, coating, rubber, or plastic, in
the application of architectural coatings in spray booths, or in
the dry cleaning of textiles, except as provided in subsections
15.34 and 15.35 of this regulation.
This subsection shall apply only to equipment built or installed after
the effective date of this regulation.
15.33 Other Uses
No person shall cause or allow the discharge of more than
40 pounds of organic material into the atmosphere in any one day
from any article, machine, equipment or other contrivance built
or installed after the effective date of this regulation which is
used for employing, applying, evaporating, or drying any photo-
chemically reactive solvent, or material containing such solvent
except as provided in subsection 15.34 and 15.35 of this regulation.
15.34 Alternate Standard
Emissions in excess of those permitted by subsection 15.31,
15.32, and 15.33 of this regulation are allowable if both the
following conditions are met:
15.341 Emissions that would result in the absence of control
are reduced by:
a. 90 percent, by incineration; or
b. 85 percent, by absorption or any other process
of sufficient reliability and effectiveness; and
15.342 No air pollution, as defined by the Clean Air Act,
results.
15.35 Exceptions
The provisions of this regulation shall not apply to:
(a) The spraying or other employment of insecticides,
herbicides, or other pesticides.
(b) The employment, application, evaporation, or drying of
saturated halogenated hydrocarbons, or perchloroethylene.
(2.0) 15.4 General Exceptions
Nonmethane hydrocarbons as used in this Regulation will not include
crude oil defined as follows: that produced, non-refined hydrocarbon which
has a gravity equal to or less than 50° API at 60° F as measured in the
stock tank, and when flashed to the atmospheric stock tank from the final
lease separator and/or treating facility loses no more than 1.5 percent
of the stock tank volume or 25 standard cubic feet per barrel of stock
tank oil.
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(1.0) 15.5 Definition
Nonmethane hydrocarbon - Any compound containing only hydrogen and
carbon which has a vapor pressure of 1.5 pounds per square inch absolute
or greater under actual storage conditions except methane (CH4).
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Regulation No. 16
(50.2) Control of Emission of Sulfur Compounds
(2.0) 16.1 Purpose
The purpose of this regulation is to control emissions of sulfur com-
pounds from stationary sources in order to prevent the Oklahoma air quality
standard from being exceeded and insure that degradation of the present level
of air quality in Oklahoma does not occur.
(50.2) 16.2 Existing Equipment - Sulfur Oxides Standards
16.21 Standard
No person shall cause, let, suffer, or'allow any emission of
sulfur dioxide from existing equipment which results in an ambient
air concentration of sulfur dioxide at any given point in excess of
1350 ug/M3 (0.52 ppm) in a five (5) minute period of any hour, a
one (1) hour average exposure of 1200 ug/M3 (0.46 ppm), a three (3)
hour average exposure of 650 ug/M3 (0.25 ppm), or a 24-hour average
exposure of 130 ug/M3 (0.05 ppm) of sulfur dioxide contributed from
any one source. These limitations shall not apply to ambient air con-
centrations occurring on the property from which such emission occurs,
providing such property, from the emission point to the point of any such
concentration is controlled by the person responsible for such emission.
16.22 Determination of Violation
Violation of Section 16.21 may be determined by the Commissioner
by use of appropriate material balances and/or emission factors, and
the ambient air concentration may be determined by the use of approp-
riate atmospheric diffusion estimates or any other suitable method
as accepted by the Commissioner. Determinations made by the Commissioner
using these procedures indicating that the limits set in Section 16.21
are possible shall constitute prime evidence that it has been violated
Source operators may use these same procedures in lieu of ambient air
monitoring as proof of compliance with limits set in Section 16.21.
16.23 Method of Compliance
Compliance with the provisions of Section 16.21 and 16.22 may
be achieved by compliance with emission limits set in Section 16.3
for new equipment.
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(50.2) 16.3 New Equipment - Sulfur Oxides Standards
(51.18) 16.31 Sulfuric Acid Plants
16.311 Emission Limits
A person operating a new sulfuric acid plant shall not
cause, suffer, or allow the discharge into the atmosphere
of:
1. Sulfur dioxide in the effluent in excess of four (4)
pounds per ton of 100 percent sulfuric acid produced
(2 kgm per metric ton), maximum two-hour average.
2. Sulfuric acid mist which is in excess of 0.15 pounds
per ton of 100 percent sulfuric acid produced (75
grams per metric ton), maximum two-hour average,
expressed as ^504.
3. A visible emission equivalent to an opacity of %
Ringelmann or five (5) percent equivalent opacity.
These emission limits shall apply to only those sulfuric
acid plants producing sulfuric acid by the contract pro-
cess by burning elemental sulfur, alkylation acid,
hydrogen sulfide, organic sulfides and mercaptans or acid
sludge.
16.312 Emission Monitoring
a. All sulfuric acid plants regulated under this sub-
section shall have installed, calibrated, maintained
and operated, an instrument for continuously monitor-
ing and recording emissions of sulfur dioxide. The
instrument installed and used pursuant to this sec-
tion shall have a confidence level of at least 95
percent and be accurate with + 20 percent and shall
be calibrated in accordance with the method(s)
prescribed by the manufacturer(s) of such instrument.
The instrument shall be calibrated at least once
per year unless the manufacturer(s) specifies or
recommends calibration at shorter intervals, in which
case such specifications or recommendations shall
be followed.
b. The owner or operator of any sulfuric acid plant
subject to provisions of this subparagraph shall
maintain a file of all measurements required and
retain the record of any such measurement for at
least one year following the date of such measurement.
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16.313 Performance Testing
Testing of new sulfuric acid plants to determine if
emission standards set in this regulation are met
shall be performed by procedures as given in proposed
Code of Federal Regulation 466.65 given in Federal
Register, Volume 36, Number 159, August 17, 1971,
as finally promulgated.
All tests shall be conducted, supervised or approved
by a person qualified by training and/or experience
in the field of air pollution control.
(51.6) 16.32 Fuel-burning Equipment
16.321 Emission Limit
a. No person shall cause, suffer or allow the
discharge into the atmosphere of sulfur oxides
measured as sulfur dioxide from new gas fuel-
burning equipment in excess of 0.2 pound per
million BTU heat input (0.36 gram per million
gram-calories), maximum two-hour average.
b. No person shall cause, suffer or allow the dis-
charge into the atmosphere from new liquid fuel-
burning equipment in excess of that shown in the
following table on the listed effective date.
Sulfur Oxide Emissions
Maximum 2 Hr. Average
Effective Date Los/million BTU Input
July 1, 1972 0.8
No person shall cause, suffer, or allow the dis-
charge into the atmosphere from new solid fuel-
burning equipment in excess of 1.2 pounds per
million BTU heat input (2.20 grams per million
gram-calories), maximum two-hour average.
Where different fuels are burned simultaneously
in any combination, the applicable standard shall
be determined by proration. Compliance shall be
determined using the following formula:
Effective Date Formula
July 1, 1972 y(0.80) + z(1.2)
y + z
Where:
Y is the percent of total heat input derived
from liquid fuel and,
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z is the percent of total heat input derived
from solid fuel.
16.322 Emission and Fuel Monitoring
a. There shall be installed, calibrated, maintained,
and operated, in any new fuel-burning equipment with
a rated heat input of 250 million BTU/hr or more
emission monitoring instruments as follows:
1. A photoelectric or other type smoke detector
and recorder, except where gaseous fuel is
the only fuel burned.
2. An instrument for continuously monitoring and
recording sulfur dioxide emissions, except where
gaseous fuel containing less than 0.1 percent
sulfur is the only fuel burned.
b. An instrument installed and used for monitoring shall
have a confidence level of at least 95 percent and be
accurate within ±20 percent and shall be calibrated in
accordance with the method(s) prescribed by the manufac-
turer^) of such instruments; instruments shall be cal-
ibrated at least once per year unless the manufacturer(s)
specifies or recommends calibration at shorter intervals
in which case such specifications or recommendations
shall be followed.
c. The sulfur content of solid fuels as burned, shall
be determined in accordance with the latest revision
to the American Society for Testing Materials Method
D271, the sulfur content of liquid fuels, as burned,
shall be determined in accordance with the American
Society for Testing Materials Methods D129 or 01552.
Other methods for determining the sulfur content of
solid and liquid fuels may be used as approved by the
Commissioner.
d. The owner or operator of any fuel-burning equip-
ment with a rated heat input of 250 million BTU/hr or
over shall maintain a file of all measurements required
under 16.322 (a), (b), and (c) and shall retain the
record of any such measurement(s) for at least one (1)
year following the date of such measurements.
16.323 Test Methods and Procedures
Testing of new fuel-combustion equipment to determine
if the emission standards set in this regulation are met shall
be performed by procedures as given in the proposed Code of
Federal Regulation 466.26 in the Federal Register, Volume 36,
Number 159, August 17, 1971, as finally promulgated.
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All tests shall be conducted, supervised or approved
by a person qualified by training and/or experience in the
field of air pollution control.
(51.19) 16.33 Sulfur Recovery Plants
16.331 Emission Limit
a. Natural Gas Processing
The emission of sulfur oxides, calculated as
sulfur dioxide, from a new natural gas processing
sulfur recovery plant shall not be more than 100
pounds per hour, maximum two-hour average but not
more than 20 pounds per ton of sulfur processed as
a minimum control efficiency.
b. Other Processes
The emission of sulfur oxides, calculated as
sulfur dioxide, from a new sulfur recovery plant
operating in conjunction with other processes is
limited to 20 pounds per ton of sulfur processed,
maximum two-hour average.
16.332 Emission Monitoring
a. All new sulfur recovery plants regulated under
this subsection shall have calibrated, maintained,
and operated an instrument for continuously monitoring
and recording emissions of sulfur dioxide. The
instrument installed and used pursuant to this section
shall have a confidence level of at least 95 percent
and be accurate within £20 percent and shall be calibrated
in accordance with the method(s) prescribed by the
manufacturer^) of such instrument, the instrument
shall be calibrated at least once per year unless the
manufacturer(s) specifies or recommends calibration
at shorter intervals, in which case such specifications
or recommendations shall be followed.
b. The owner or operator of any sulfur recovery plant
subject to provisions of this subparagraph shall
maintain a file of all measurements required and retain
the record of any such measurement for at least one (1)
year following the date of such measurement.
16.333 Performance Testing
Testing of sulfur recovery plants to determine if
emission standards set in this regulation are met shall be
performed by procedures as accepted by the Commissioner.
Promulgated federal testing procedures for similar processes
will be considered in making the determination of procedures
to be used.
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All tests shall be conducted, supervised or approved by
a person qualified by training and/or experience in the field
of air pollution control.
(51.11) 16.34 Nonferrous Smelters
16.341 Emission Limit
The emission of sulfur oxides, calculated as sulfur
dioxide, from new nonferrous smelters is restricted according
to the following equations as a maximum two-hour average.
Copper Smelters:
Zinc Smelters:
Lead Smelters:
Y = 0.2X
Y » 0.564X0-85
Y = 0.98X0-77
Where X = Total sulfur fed to smelter (Ib/hr)
Y = Sulfur dioxide emissions (Ib/hr)
16.342 Emission Monitoring
a. All new nonferrous smelters regulated under this
subsection shall have installed, calibrated, main-
tained, and operated an instrument for continuously
monitoring and recording emissions of sulfur dioxide.
b. The owner or operator of any new nonferrous smelter
subject to provisions of this subparagraph shall
maintain a file of all measurements required and
retain the record of any such measurement for at
least one (1) year following the date of such
measurement.
16.343 Performance Testing
Testing of nonferrous smelter plants to determine if
emission standards set in this regulation are met shall be per-
formed by procedures as accepted by the Commissioner. Promulgated
federal testing procedures for similar process will be considered
in making the determination of procedures to be used.
All tests shall be conducted, supervised or approved
by a person qualified by training and/or experience in the
field of air pollution control.
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(51.14) 16.35 Paper Pulp Mill
16.351 Emission Limit
The emission of sulfur oxides, calculated as sulfur
dioxide, from the blow pits, washer vents, storage tanks,
digester relief, and recovery furnace of any new paper pulp
mill shall not exceed eighteen pounds per air-dried ton of
pulp produced, maximum two-hour average.
16.352 Emission Monitoring
a. All new paper pulp mills shall have installed,
calibrated, maintained and operated instruments
for continuously monitoring and recording emissions
of sulfur dioxide from the recovery system gas-
cleaning equipment and other locations as required
by the Commissioner. The instrument installed and
used pursuant to this section shall have a confi-
dence level of at least 95 percent and be accurate
within +20 percent and shall be calibrated in
accordance with the method(s) prescribed by the
manufacturer(s) of such instrument, the instrument
shall be calibrated at least once per year unless
the manufacturers) specifies or recommends calibra-
tion at shorter intervals, in which case such
specifications or recommendations shall be followed.
b. The owner or operator of any new paper pulp mill
subject to provisions of this subparagraph shall
maintain a file of all measurements required and
retain the record of any such measurement for at
least one year following the date of such measurement.
lfi.353 Performance Testing
Testing of paper pulp mills to determine if emission
standards set in this regulation are met shall be performed
by procedures as accepted by the Commissioner. Promulgated
federal testing procedures for similar processes will be con-
sidered in making the determination of procedures to be used.
All tests shall be conducted, supervised or approved by
a person qualified by training and/or experience in the field
of air pollution control.
(50.2) 16.5 New Equipment - Hydrogen Sulfide Standards
16.51 Petroleum and Natural Gas Processes
16.511 Emission Limit
a. No person shall cause, suffer, or allow the dis-
charge into the atmosphere of hydrogen sulfide from any
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new petroleum or natural gas processing equipment
without removal of the hydrogen sulfide from the ex-
haust gas or oxidizing it to sulfur dioxide in a
system which insures at all times complete combustion
of the hydrogen sulfide, with the exhaust gas then
being emitted from a stack at least 50 feet in height.
Efficiency of these removal or oxidation systems shall
not allow to be emitted more than 0.3 pound per hour
of hydrogen sulfide as a two-hour maximum, with a
maximum efficiency required of 95 percent of the hydro-
gen sulfide in the exhaust gas.
b. Direct oxidation of hydrogen sulfide to sulfur
oxides without a prior removal step meeting emission
limits of 16.331 is not allowed for any system which
would allow discharge of more than 100 pounds per hour
of sulfur oxides expressed as sulfur dioxide, maximum
two-hour average.
16.512 Emission Monitoring
a. All new petroleum and natural gas processing fac-
ilities regulated under this subsection shall have
installed, calibrated, maintained and operated an
alarm system which will signal non-combustion of the gas.
b. The user shall initially demonstrate compliance
with the ambient air limit of 16.41 at least twice
per year using either dispersion modeling or ambient
air measurements. If the calculated or measured
values are between 50 and 75 percent of the allowable
concentrations compliance shall be demonstrated once
every year. If the calculated or measured values are
between 25 and 50 percent of the allowable concentrations
compliance shall be demonstrated once every 18 months.
If the calculated or measured values are equal to or less
than 25 percent of the allowable concentration compliance
shall be demonstrated once every two (2) years.
c. The owner or operator of any new petroleum or natural
gas processing facility subject to provisions of this
subparagraph shall maintain a file of all such measure-
ments required and retain the record of all such measure-
ments for at least one (1) year following the date of
such measurement.
16.513 Performance Testing
Testing of petroleum and natural gas processing plants to
determine if emission standards set in this regulation are met
shall be performed by procedures as accepted by the Commissioner.
Promulgated federal testing procedures for similar processes
will be considered in making the determination of procedures to
be used. All tests shall be conducted, supervised or approved
by a person qualified by training and/or experience in the field
of air pollution control.
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Regulation No. 17
(50.5) Control of Emission of Carbon Monoxide
(2.0) 17.1 Purpose
The purpose of this regulation is to control emissions of carbon
monoxide from stationary sources to prevent the Oklahoma air quality
standard from being exceeded and insure that the present level of air quality
in Oklahoma is not degraded.
(50.5) 17.2 Emission Limits
The emission of carbon monoxide from any new foundry cupola, blast
furnace, basic oxygen furnace, catalytic cracking unit, or other petroleum
or natural gas process except stationary engines shall be reduced by use
of complete secondary combustion of the waste gas generated. Removal of
93 percent or more of the carbon monoxide generated will be considered to
be complete combustion.
(9.0) 17.3 Performance Testing
Testing of equipment to determine if emission standards set in this
regulation are met shall be performed by procedures as accepted by the
Commissioner. Promulgated federal testing procedures for similar processes
k will be considered in making the determination of procedures to be used.
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Regulation No. 18
(50.3) Control of Emission of Nitrogen Oxides
(2.0) 18.1 Purpose
The purpose of this regulation is to control the emission of nitrogen
oxides from stationary sources to prevent the Okalahoma air quality standards
from being exceeded and insure that the present level of air quality in
Oklahoma is not degraded.
(50.3) 18.2 Emission Limits
18.21 Fuel Combustion
a. No person shall cause, suffer or allow emissions of nitrogen
oxides calculated as nitrogen dioxide from any new gas-fired fuel-
burning equipment with a rated heat input of 50 million BTU per hour
or more, in excess of 0.20 pound per million BTU (0.36 gram per million
gram-calorie) heat input, two-hour maximum.
b. No person shall cause, suffer or allow emissions of nitrogen
oxides calculated as nitrogen dioxide from any new liquid-fired fuel-
burning equipment with a rated heat input of 50 million BTU per hour
or more, in excess of 0.30 pound per million BTU (.54 gram per million
gram-calorie) heat input, two-hour maximum.
c. No person shall cause, suffer or allow emissions of nitrogen
oxides calculated as nitrogen dioxide from any new solid fossil fuel-
burning equipment with a rated heat input of 50 million BTU per
hour or more, in excess of 0.70 pound per million BTU (1.26 gram per
million gram-calorie)heat input, two-hour maximum.
18.22 Nitric Acid Plant
No person shall cause, suffer or allow emissions of nitrogen
oxides, calculated as nitrogen dioxide, from new nitric acid plants,
in excess of 3.0 pounds per ton (1.5 kg/metric ton) of 100 percent
acid produced, two-hour maximum.
No person shall cause, suffer or allow any visible emissions
from new nitric acid plants.
(9.0) 18.3 Performance Testing
Testing of equipment to determine if emission standards set
in this regulation are met shall be performed by procedures as
accepted by the Commissioner. Promulgated federal testing procedures
for similar processes will be considered in making the determination
of procedures to be used.
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CHAPTER 28.
POLLUTION
ARTICLE II. AIR.
OKLAHOMA CITY, OKLAHOMA
ORDINANCE 12575
MARCH 31, 1970
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POLLUTION
ARTICLE II. AIR.
(2.0) Sec. 28-25. Citation.
This Article shall be known and cited as the Air Quality Control Ordinance.
(Ord. No. 12,575, March 31, 1970.)
(1.0) Sec. 28-26. Definitions.
(a) As used herein:
(1) Air contaminant shall mean any smoke, soot, fly ash, dust, cinder,
dirt, noxious, obnoxious acids, fumes, oxides, gases, vapors,
odors, toxic or radio active substances, waste particulates,
solid, liquid, or gaseous matter in the atmosphere which when
in sufficient quantities is capable of injuring human, plant
or animal life or depriving the enjoyment thereof.
(2) Air Pollution shall mean the emission of any air contaminants
in such place or manner which when by itself or combined with
other contaminants present in the atmosphere is detrimental
to or endangers the health, comfort or safety of any person or
which may cause injury or damage to property or premises.
(3) Atmosphere shall mean the air that envelops or surrounds the
earth.
(4) Board shall mean the Air Quality Control Variance Board.
(5) Chimney or stack shall mean chimney, stack, conduit, duct, vent,
flue, or opening of any kind whatsoever, arranged to conduct any
products to the atmosphere.
(6) Combustible materials and fuels shall mean any substance which
will readily burn and shall include those substances which,
although generally considered non-combustible, are or may be
included in the mass of the combustible-material burned or to
be burned.
(7) Dense smoke shall mean smoke of a shade or the equivalent opacity
of the shade, designated as No. 1 on the Ringelmann Chart or
greater.
(8) Director shall mean the Director of the City-County Health De-
partment or his designated employees or representatives.
(9) Emission shall mean the emission of air contaminants into the
atmosphere.
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(10) Evaporating loss control system shall mean a system or device
designed and installed in such a manner as to reduce or prevent
the emission to the atmosphere of the vapors of the hydrocarbon
fuel contained in the fuel tank, carburetor, or fuel pump of the
motor vehicle.
(11) Exhaust emission control system shall mean a system, device or
engine modification designed and installed in such a manner as
to reduce or prevent the emission to the atmosphere of air
pollutant gases, vapors, and particulate matter released from
the motor vehicle engine through the exhaust manifold and tailpipe.
(12) Fuel burning equipment shall mean any equipment, machinery, dev-
ice, structure or contrivance, and all appurtenances thereto,
including ducts, breeching, fuel-feeding equipment, ash removal
equipment, internal combustion engines, combustion controls,
stacks and chimneys, which burn fuel or combustible material
for the purpose of producing heat or energy, but shall not mean
process equipment of operations of incinerators.
(13) Incinerator shall mean any device, structure or contrivance used
to dispose of refuse or other waste by burning or the processing
of salvageable material by burning but excluding flares.
(14) Motor vehicle shall mean a self-propelled, wheeled vehicle
designed for normal use on public streets and highways.
(15) Motor vehicle pollution control device shall mean any or all of
the devices or systems referred to in this section and all de-
signed to control or prevent air pollution emissions from
motor vehicles.
(16) Multiple chamber incinerator shall mean any incinerator consisting
of two or more combustion chambers of in line or retort type
physically separated by curtained walls with gas passage ports
or ducts and designed for maximum combustion of the material
to be burned.
(17) Open burning shall mean the burning of combustible materials or
refuse in such a manner that the products of combustion are emit-
ted directly into the atmosphere.
(18) Open-pit incinerator shall mean a device consisting of a pit
(into which the material to be burned is placed) nozzles, pipes,
and other appurtenances designed and arranged in a manner to
deliver additional air and or auxiliary fuel to, or near, the
zone of combustion so that theoretically complete combustion
is accomplished or approached.
(19) Particulate matter shall mean discrete particles of liquid
(except uncombined water) or solid matter or both which may
or may not be suspended in air.
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(20) Positive crankcase ventilator shall mean a system or device de-
signed and installed in such a manner as to prevent or reduce
the release or emission into the atmosphere of gases or vapors
produced or otherwise present in the crankcase of the engine of
a motor vehicle.
(21) Process equipment or operation shall mean any equipment machinery,
device or premises used for tfTe treating, processing or man-
ufacuring of materials, products or substances which operation
may emit smoke, particulate matter or other air contaminants.
(22) Process weight shall mean the total weight of all materials
introduced into any specific process equipment or operation.
Solid fuels shall be considered as part of the process weight
but liquids and gases used solely as fuel shall not.
(23) Process weight per hour shall mean the weight derived by div-
iding the total process weight by the number of hours in one
complete operation from the beginning of any given process
to the completion thereof excluding any time during which the
eouiDment is idle.
(24) Products of combustion shall mean all particulate matter and
other air contaminants emitted as a result of the burning of
refuse and combustible materials.
(25) Proprietary information shall mean any information obtained
pursuant to this ordinance which relates to sales figures or
to production processes unique to the owner or operator or
which affect the competitive position of such owner or operator.
(26) Refuse shall mean garbage, rubbish, trade waste, leaves, sal-
vageable material, agricultural waste and other wastes.
(27) Ringelmann chart shall mean the chart for grading the appearance,
density, shade or opacity of smoke, as published with instructions
for use by the United States Bureau of Mines, in Information
Circular 7718, dated August, 1955.
(28) Smoke shall mean small gasborne or airborne particles resulting
from combustion operations and consisting of carbon, ash, and
other matter that is present in sufficient quantitiy to be
observable.
(29) Source any physical arrangement or structure which may emit air
contaminants. It includes, but is not limited to, stacks,
chimneys, building openings, open fires, vehicles, process,
equipment, structures and premises.
(30) Source gas volume shall mean the total amount of gas including
contaminants, emitted from any process, equipment or operation
into the atmosphere.
(Ord. No. 12,575, March 31, 1970.)
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(2.0) Sec. 28-27. Notice of changes.
The City Council shall not enact or amend any ordinance rule or regulation
concerning air quality control without first holding a public hearing and
yiving not less tnan ten (lu) days notice of the time and place of such
hearing by publication in a newspaper of general circulation published within
the City. (Ord. Ho. 12,575, Harch 31, 1970.)
(15.0) Sec. 28-28. Enforcement.
The Director shall enforce the provisions of th'is Article. (Ord.
No. 12,575, March 31, 1970.)
(2.0) Sec. 28-29. Abatement procedure.
In addition to any penalties, upon determination by the Director that a
violation of this Article has occurred and that the person in violation has
not furnished satisfactory proof that corrective measures have been or are
being taken to abate the nuisance, the Director shall give written notice
to the person in violation, to abate the nuisance. The notice shall specify
the section which is being violated and a reasonable time not exceeding twenty
(20) days within which to abate the nuisance.
If at the end of the time allowed the violation has not been corrected, the
Director shall abate the nuisance as provided by law.
(Ord. No. 12,575, March 31, 1970.)
(8.0) Sec. 28-30. Emergency.
When a violation of this Article creates a hazardous or dangerous condition
capable of immediately harming life or property the Director shall summarily
abate the nuisance immediately and without notice.
(Ord. No. 12,575, March 31, 1970.)
(9.0) Sec. 28-31. Tests, data sampling.
Upon written notice, the Director may require from any person subject to
this Article data to establish the nature, extent, quantity, or degree of air
contaminants which are or may be discharged by a source under such person's
control, and may require that such data be certified by a professional engineer
registered in the State. The Director may, at his expense, designate an agent
to independently gather data as to the nature, extent, quantity and degree of
any air contaminants which are or may be discharged from the source. Subject
to the confidentiality requirements of Section 28-36 an agent so designated
is authorized to inspect any facilities and equipment necessary to gather
the data. The owners of the premises being inspected will make the same
available to inspection and shall permit the Director to install and maintain
sampling and testing apparatus as are reasonable and necessary for measurement
of emissions of air contaminants, provided that they shall not unduly inter-
fere with the operations of the owner. The Director may in writing require
the owner to provide, and maintain means of access to locations for sampling
and testing purposes, in order to secure data that will disclose the nature,
extent, quantity, or degree of air contaminants discharged into the atmosphere.
(5.0) Sec. 28-32 Variances.
Variances form the strict provisions of this Article may be granted by the
Board pursuant to applications therfore when:
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(a) Due to conditions beyond the control of the person in violation,
and which are not self imposed, compliance with this Article will
result in an arbitrary and unreasonable taking of property or
the practical closing and elimination of any lawful business,
occupation or activity; and
(b) There are not sufficient corresponding benefits or advantages to
the public in the reduction of air pollution.
Variances shall be for a specific time but not to exceed one (1) year.
Upon expiration of a variance, additional variances may be granted.
A variance granted shall be personal to the applicant and not transferrable.
All variances granted are subject to review and revocation by the Board.
(Ord. No. 12,575, March 31, 1970.)
(16.0) Sec. 28-33. Air Quality Control Variance Board.
(a) Created. There is hereby created an Air Quality Control Variance
Board which shall consist of seven (7) members to be appointed by
the Mayor with the consent and approval of the Council.
(b) Membership. The members shall be residents of the City and shall
not be employees of the Federal, State or Municipal Government.
Of the members:
(1) One (1) shall be representative of the engineering profession,
and as such shall be a professional engineer and experienced
in the matters of air pollution equipment and control;
(2) One (1) member shall be representative of industry in general
and as such shall be employed as a manufacturing executive
carrying on a manufacturing business within the City;
(3) One (1) member shall be experienced in matters of scientific
knowledge and competent in matters of air pollution control
and evaluation;
(4) One (1) member shall be representative of the petroleum
industry and shall be trained and experienced in matters of
scientific knowledge of causes as well as effects of air
pollution; and
(5) One (1) member shall be representative of agriculture, and,
as such, shall be engaged in or employed by a basic agricultural
business or the processing of agricultural products.
(c) Terms of office. The members of the Variance Board shall serve for
a term of three (3) years or until their successors are appointed,
provided that of the first seven (7) members appointed two (2)
shall serve for a term of two (2) years and two (2) shall serve for
a term of one (1) year. The terms shall expire on June 30 in the
year which the term would expire regardless of the date of
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appointment. Members may be removed for cause. A member appointed
to fill a vacancy shall serve the remainder of the unexpired term.
(d) Powers and duties. The members of the Board shall have the power
to subpoena witnesses, require the production of records, documents
and other matter and administer oaths.
Four (4) members shall constitute a quorum provided that no variance
shall be granted or revoked without the concurrence of at least
four (4) members.
The Board shall select from its number a Chairman who shall serve
for a period of one (1) year.
The meetings and hearings of the Board shall be called by the
Chairman.
The members shall be given five (5) days notice prior to any meeting
or hearing. Emergency meetings or hearing may be held provided all
members consent to such meeting in writing.
The Board shall make other rules and regulations concerning the
procedure in granting or revoking variances as it shall deem
necessary.
(Ord. No. 12,575, March 31, 1970.)
(3.0) Sec. 28-3.4. Application for variance.
(5.0)
Any person may make an application for a variance from the terms of this
Article by paying the required fee and by filing a written application with
the Director. The application form shall be verified by the applicant and
set forth all information required by the Board including the full name and
address of the applicant, the nature of the violation and the extent to
which a variance is sought.
(Ord. No. 12,575, March 31, 1970.)
(16.0) Sec. 28-35. Public hearings.
No variance shall be granted or revoked without first holding a public
hearing. Mot less than ten (10) days notice shall be given to all interested
persons as appear in the files and records of the Board. In addition, notice
of such hearing shall be published in a newspaper of general circulation
and published within the City not less than ten (10) days prior to the date
of hearing.
(Ord. No. 12,575, March 31, 1970.)
(14.0) Sec. 28-36. Proprietary information.
No person shall disclose to anyone other than the Director, the
Board or a court of competent jurisdiction, any information furnished or
obtained pursuant to this Article.
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Upon request of the interest party, all hearings or trails in which
proprietary information is to be divulged shall be held "in camera" and
such information shall be sealed and access otherwise limited.
(Ord. No. 12,575, March 31, 1970.)
(2.0) Sec. 28-37. Notice.
All notice required under this Article, unless otherwise specified
shall be in writing and shall be served upon the person being given notice
personally or mailed to his last known address, postage prepaid. The
date of mailing shall be considered as the date such notice is given.
(Ord. No. 12,575, March 31, 1970.)
(2.0) Sec. 28-38. Fees.
Any applicant for variance shall pay a fee to the City Clerk in the
amount of Fifty ($50.00) Dollars. Such fee shall be paid each time a variance
is sought provided that the Board may in its discretion review any variance
denied within ninety (90) days from the date OT sucn denial without additional
cost to the applicant.
(Ord. No. 12,575, March 31, 1970.)
(50.7) Sec. 28-39. Nuisance declared.
The emission of air contaminants in violation of this Article is declared
to be a public nuisance and may be abated by the Director as provided by law.
(Ord. No. 12,575, March 31, 1970.)
(2.0) Sec. 28-40. Liability.
Any person owning, operating or controlling a source of air contaminants
which violates this Article shall be subject to all penalties and liabilities
for such violation. Each day of any such violation shall constitute a separate
offense.
(Ord. No. 12,575, March 31, 1970.)
(2.0) Sec. 28-41. Air pollution prohibited.
No person shall permit or cause air pollution.
(Ord. No. 12,575, March 31, 1970.)
(50.1.2) Sec. 28-42. Emission of dense smoke prohibited.
No person shall cause or permit the emission of dense smoke from any
source whatever except as specifically permitted.
(Ord. No. 12,575, March 31, 1970.)
(51.9) Sec. 28-43. Incinerators.
(a) Permit required. No person shall install or make any alteration or
modification to an incinerator which affects the emission of air
contaminants without first having obtained a permit from the
Director and paying the fee therefor as provided for in the General
Schedule of fees in Chapter 20.
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(b) Application. A person making application for a permit shall furnish
such information concerning the incinerator as the Director may
request including the plans, specifications, maufacturer's descriptive
literature and test reports.
(c) Specifications. All incinerators installed after the effective date
of this Article shall be multiple chambered, gas fired in the
primary and secondary chamber, and water scrubbed. All incinerators
shall have a capacity of seventy five (75) pounds per hour or
greater provided that this capacity shall not be applicable to
incinerators designed and used exclusively as pathological incinerators.
An incinerator of different construction may be used when the Director
determines that the incinerator will be equally effective in controlling
the emission of air contaminants and approves its installation.
(d) Operation. All incinerators shall be maintained and operated
according to good practices.
(e) Emission of particulate matter. Incinerators with a maximum burning
capacity of two hundred (200) pounds per hour or more shall not
emit particulate matter in excess of 0.2 grains per dry cubic foot
corrected to twelve (12%) per cent C02 of exhaust gas under standard
conditions. Incinerators with a maximum burning capacity of less
than two hundred (200) pounds per hours or more shall not emit
particulate matter in excess of 0.3 grains per dry cubic foot
corrected to twelve (12%) percent C02 of exhaust gas under standard
conditions.
(f) Existing incinerators, exceptions. Within twelve (12) months after
the effective date of this Article all existing incinerators shall
comply with all provisions of this Article except Subsection (c)
of this Section.
(g) Dense smoke, exception. Incinerators may emit dense smoke not
exceeding a shade or the equivalent opacity of the shade designated
as No. 2 on the Ringelmann Chart for periods not exceeding five
(5) minutes in any sixty (60) minute period and not exceeding twenty
(20) minutes in any twenty four (24) hour period.
(Ord. No. 12,575, March 31, 1970.)
(51.5) Sec. 28-44. Fuel burning equipment.
(a) Emission of particulate matter prohibited. Fuel burning
equipment shall not emit particulate matter in excess of
that indicated on Table 1 or Chart 1.
(b) Existing fuel burning equipment, exception. Fuel burning
equipment in operation prior to the effective date of this
Article shall not emit particulate matter in excess of 0.6
pounds per million BTU heat input provided that all such
existing fuel burning equipment shall comply with all the
provisions of this Article within twelve (12) months after
it becomes effective.
(Ord. No. 12,575, March 31, 1970.)
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(50.1.1) Sec. 28-45. Process equipment or operations.
(a) Participate matter emission. Process equipment or operation
installed or commenced after effective date of this Article shall
not emit from the premises upon which such equipment or operation
is located, particulate matter in excess of that indicated on
either Table 2, Table 3 or Chart 2. Existing process equipment
or operations shall have twelve (12) months from effective date
of this Article to comply with this Sub-section.
(b) Dust control. The owner or operator of any process equipment or
operation 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 maintenance to prevent dust generation and atmospheric
entertainment. Good operating practices, including water spraying
or other suitable measures, shall be employed to minimize dust
generation and emission when bins are pulled.
(Ord. No. 12,575, March 31, 1970.)
(51.8) Sec. 28-46. Hot mix asphalt plants.
(a) Particulate matter emission. Hot mix asphalt plants installed or
commenced after effective date of this Article shall not emit
particulate matter into the atmosphere in excess of the quantity
set out in Table 4. Existing hot mix asphalt plants shall not
emit particulate matter into the atmophere in excess of the
quantity emitted at plants exhibiting good operation and economic
control. Within one (1) year all hot mix asphalt plants shall
comply with the emission rate shown on Table 4 or a new rate to
be determined by testing and experience.
(b) Dense smoke, exception. Hot mix asphalt plants may emit dense smoke
not exceeding a shade or the equivalent opacity of the shade
designated as No. 3 on the Ringelmann Chart, for periods not exceeding
four (4)' minutes in any sixty (60) minute period.
(c) Fugitive dust control system. No hot mix asphalt plant shall be
operated unless it is equipped with a fugitive dust control system
for the hot aggregate which prevents the emission of particulate
matter from any point other than the chimney.
(Ord. No. 12,575, March 31, 1970.)
(51.13) Sec. 23-47. Open burning prohibited.
No person shall cause or permit an open burning of any public or private
place outside any building, provided that open burning may be conducted if no
public nuisance is or will be created as follows:
(a) Fires purposely set for the instruction and training of fire fighting
personnel when authorized by the Fire Chief.
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(b) Fires set for the elimination of fire hazards or hazardous material
where there is no other practical or lawful method of disposal, and
such burning is authorized by the Fire Chief cmd Director.
(c) Camp fires and other fires used solely for recreational or ceremonial
purposes, or for out-door non-commercial preparation of food.
(d) Fires purposely set for the management of forest or game in accord-
ance with practices recommended by the Oklahoma Department of
Agriculture, the United States Forest Service and which are authorized
by the Fire Chief.
(e) The burning of refuse and other combustible materials generated in
the operation of a domestic household when no regular garbage service
is available.
(f) The burning of combustible material in an open pit incinerator which
is defined and operated for the control of smoke and particulate
matter.
(g) The burning of hydrocarbons by atmospheric flares when no other
means of disposal is practical.
(h) The burning of trees, brush, grass, and other vegetable matter for
the purpose of clearing land, and (agricultural crop burning) when:
(1) The burning is not within one hundred fifty (1501) feet of an
occupied residence or structure other than those located on
property where the burning is conducted.
(2) Care is used to minimize the amount of dirt on the material
being burned.
(3) Oils, rubber and other similar materials which produce unreasonable
amounts of air contaminants and smoke are burned.
(4) The burning occurs between three (3) hours after sunrise and
three (3) hours before sunset.
(5) No traffic hazard is created.
(Ord. No. 12,575, March 31, 1970.)
(12.0) Sec. 28-48. Motor vehicle pollution control devices.
(a) Scope. This Section shall apply to all motor vehicles registered
or subject to registration with the Oklahoma State Tax Commission
in which as new vehicles, motor vehicle pollution control devices
have been installed by virtue of Federal laws and regulations, in
effect now and hereafter, requiring such devices to be installed.
However, nothing in this Article shall supersede or otherwise modify
such Federal laws and regulations, nor shall anything in this
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Article be construed to require the installation of motor vehicle
pollution control devices on motor vehicles not referred to by such
Federal laws and regulations.
(b) Prohibited Acts. No person shall cause, suffer, allow or permit
the removal, disconnection or disabling of a motor vehicle pollution
control device which is on a motor vehicle.
(c) Use or liquified petroleum gas. Operation of a motor vehicle or
its engine which uses liquified petroleum gas as fuel is hereby
exempted from provisions of this Article.
(Ord. No. 12,575, March 31, 1970.)
(51.5) Sec. 28-49. Tables and Charts.
Fuel Burning Equipment
Table 1
Heat Input in Million British Maximum Allowable Emissions of
Thermal Units per Hour Particulate Matter in Pounds per
Up to and including 10 Million British Thermal Units
100 0.60
1,000 0.35
10,000 and above 0.20
0.10
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Chart 1
Particulate Matter Emission Limits for Fuel-Burning Equipment
10
EQUIPMENT CAPACITY RATING, TO6 BTU/HR
ALLOWABLE EMISSION, LB/106 BTU
-60-
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OKLAHOMA CITY CODE
Chart 2
COLLECTION EFFICIENCY BASED ON PARTICLE SIZE
100
90
80
70
60
50
40
30
20
10
/
/
/
MININ
COLLECT]
/
/
/
^
1UM
ON
/
REQUIP
FFFTCI
/
1/1
/
ED
1NCY
^
/
f
,
/
/-
f
\
1^^^
1
O.V 0,15 0.2 0.5
1 1.52 3 4567891015 20304050 100
COLLECTION EFFICIENCY (% BY WEIGHT)
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PROCESS EQUIPMENT OR OPERATIONS
Table 2
ALLOWABLE RATE OF PARTICULATE MATTER
EMISSION BASED ON PROCESS WEIGHT RATE
Ib./hr.
Rate of
Emission
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
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
Interpolation of the data in this table for process weight rates up to
60,000 lb.hr. shall be accomplished by the use equation E equal 4.10 P0.67,
and interpolation and extrapolation of the data for process weight rates in
excess of 60,000 Ib./hr shall be accomplished by use of the equation E equal
55.0 PO.11-40, where E equal rate of emission in Ib./hr. and P equal process
weight rate in tons/hr.
Utilization of this table is accomplished by first determining the process
rate in Ib./hr. or tons/hr. and then reading the allowable rate of emission
in Ib./hr. horizontally to the right.
-62-
1
2
6
Process
Ib./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
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
,000,000
.000,000
,000,000
Weight
Rate
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
8
9
10
15
20
25
30
35
40
45
50
60
70
80
100
500
1,000
3,000
-------
Table 3
ALLOWABLE RATE OF PARTICULATE
MATTER OF EMISSION
BASED ON VOLUME PER SCFM
Source Gas Concentration
Volume, SCFM GR/SCF
7,000 0.100
or less
8,000 0.096
9,000 0.092
10,000 0.089
20,000 0.071
30,000 0.062
40,000 0.057
50,000 0.053
60,000 0.050
80,000 0.045
100,000 0.042
120,000 0.040
140,000 0.038
160,000 0.036
180,000 0.035
200,000 0.034
300,000 0.030
400,000 0.027
500,000 0.025
600,000 0.024
800,000 0.021
1,000,000 0.020
or more
Interpolation of the data in this table shall be accomplished by the use
of the equation C equal 1.78S minus 0.325 where S equals source gas volume.
SCFM and C equals concentration in grains per SCF.(GR equal Grains)
Utilization of this table is accomplished by first determining the source
gas volume in SCFM and then reading the allowable concentration in GR/SCF
horizontally to the right.
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HOT ASPHALT MIX PLANTS
Table 4
Aggregate Particulate
Process Matter
Weight Emission
Per Hour Rate Per Hour
Pounds
10,000 10
20,000 16
30,000 22
40,000 28
50,000 31
100,000 33
200,000 37
300,000 40
400,000 43
500,000 47
600,000 50
For a process weight between any two (2) consecutive process weight
stated in this table, the emission limitation shall be determined by
interpolation.
(Ord. No. 12,575, March 31, 1970.)
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Appendix G.
TULSA CHARTER
AND
REVISED ORDINANCES
TITLE 17
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(1.0) SECTION 137. DEFINITIONS.
For the purpose of this Clean Air Ordinance, the following terms,
phrases and words have the meanings given herein.
A. Person. Means an individual or partnership, corporation,
association, firm, company, organization, local or state governmental agency,
or any other legal entity, or their representative, officer, agent or assigns.
B. Director of Health. Means the Medical Director of the Tulsa City -
County Health Department, or his duly authorized representative.
C. Air Contaminant. Means any particular matter or any gas or
combination therof including but not limited to the following: dust, soot,
mist, smoke, fumes, fly ash, vapor, corrosive gas, or other discharge and
any other airborne material or substance that is offensive, nauseous,
irritating or noxious to humans or other animal life, other than water
vapor or natural air.
D. Board. Means the Tulsa City-County Board of Health.
E. Council. Means the Clean Air Advisory Council.
F. Review Board. Means the Clean Air Review Board.
G. Department. Means the Tulsa City - County Health Department.
(2.0) SECTION 138. TECHNICAL ADVISORY COUNCIL.
There is hereby created a Technical Advisory Council act in an advisory
capacity to the Board in the development, formulation, alteration and admin-
istration of rules, regulations and standards for the control and abatement
of air contaminants. All members shall serve without compensation.
(2.0) SECTION 139. ZONING AND PLANNING.
The Director of Health shall gather and supply the Tulsa Metropolitan
Area Planning Commission facts concerning air pollution in Tulsa City-
County, pertaining to zoning and planning, as requested by the Planning
Commission or deemed pertinent by the Director of Health. Notice of all
proposed zoning changes shall be given to the Director of Health by the
Tulsa Metropolitan Area Planning Commission at least ten (10) days prior
to any public hearing or planning commission meeting in which a change is
to be considered.
(3.0) SECTION 140. BUILDING PERMITS
The Building Inspector's Office shall not issue a permit for
occupancy, erection, construction, reconstruction, alteration or any
commercial, industrial or apartment house structure as defined in Title 42,
Section 1 et seq., of the Tulsa Revised Ordinances when the plans and spec-
ifications for such structure or occupancy include any fuel-burning equipment,
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or any chimney or smoke stack until such plans and specifications have been
submitted to the Director of Health for approval. Use of AGA approved
equipment for heating or cooling shall be deemed to comply with provisions
of this Section. No building permit shall be issued if the Director of
Health finds that emissions from the building structure will violate the
provisions of this Ordinance. Failure of the Director of Health to approve
or reject such plans or specifications within ten (10) days shall be deemed
approval.
(50.7) SECTION 141. NUISANCE.
No person shall cause or allow the discharge, emission or release into
the atmosphere from any source whatsoever of such quantities of air contam-
inant or other material as may cause injury, endanger health, damage property,
or affect public health, well being or safety. Such quantities shall be
deemed a public nuisance and subject to penalty as hereinafter provided.
(2.0) SECTION 142. LISTING OF DEVICES AND EQUIPMENT.
Upon written request of the Director of Health, all persons constructing
or operating any article, machine, device, equipment or other contrivance
of facility capable of causing or permitting emission of air contaminants
into the atmosphere shall list equipment set out above with the Director of
Health. Such list shall include information as to the ownership, location,
design, construction, installation, operation, alteration of any article,
machine, device, equipment, contrivance or facility and information concerning
the general composition and such other pertinent information deemed necessary
by the Director of Health.
(9.0) SECTION 143. INSPECTION.
The Director of Health after proper identification may enter and inspect
any building premise, premises or other place for the purpose of determining
compliance with the Clean Air Ordinance.
(2.0) SECTION 144. RULES AND REGULATIONS.
The Board may prepare standards, rules and regulations which they deem
necessary to protect the public health and safety and to carry out the re-
quirements of the Clean Air Ordinance after due consideration of the rec-
ommendations and advice of the Council. Such standards, rules and regulations
shall be recommended to the City Commission and the County Commission for
their adoption.
(51.13) SECTION 145. CONTROL OF OPEN BURNING.
A. Purpose. It is the purpose of this regulation to establish controls
in the open-burning of combustible material to prevent undesirable levels of
air contaminants in the atmosphere.
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B. Definitions. The section on definitions in the City of Tulsa
Clean Air Ordinance (No. 10819) and the County of Tulsa Clean Air Rules
and Regulations applies to this regulation. The additional terms defined
in this section have the meanings given them herein when used in this
regulation.
1. Open-Burning. The burning of any matter in such manner that
the products of combustion resulting from the burning are emitted
directly into the open atmosphere.
2. Refuse. Any combustible waste material other than liquids
or gases.
3. Trade Waste. Solid, liquid or gaseous material resulting
from construction; the prosecution of any business, trade or industry;
or any demolition operation, including but not limited to, plastics,
cartons, grease, oil, chemicals and cinders.
4. Salvage Operation. Any business, trade, industry or other
activity conducted in whole or in part for the purpose of salvaging
or reclaiming any product or material such as metals or chemicals.
C. Open-Burning Restrictions.
No person shall dispose of refuse or trade waste by open-burning, or
cause or permit such disposal except as provided below.
D. Exceptions to Restrictions Against Open-Burning.
1. In areas where no public or commercial refuse collection
service is available by the effective date of this regulation, the open-
burning of refuse on residential premises or of refuse originating in
dwelling units on the same premises shall not be in violation of this
regulation until such refuse collection service becomes available or until
3 years from the effective date of this regulation, whichever is sooner.
2. Regardless of provisions of Section C and Sub-Section D-l
of this regulation, open-burning of refuse on residential premises or
refuse originating in dwelling units on the same premises shall not be a
violation of this regulation in areas of low population density. The
Director of Health, after consultation with public agencies concerned with
refuse collection and disposal, shall select and publish the specific bound-
aries of areas in which such open-burning of refuse will not be in violation
of this regulation. In selecting such areas, he shall use a density of one
dwelling unit per 10 acres as an approximate definition of areas of low
population density. The Director of Health shall select and publish re-
vised boundaries, as described above, from time to time as population
density changes.
3. Outdoor burning in connection with the preparation of food.
4. Campfires and fires used solely for recreational purposes
or for ceremonial occasions.
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5. Fires purposely set for purposes of training public or private
fire-fighting personnel when authorized by the appropriate governmental
entity.
6. Fires set or required by a public officer for the abatement of
nuisances and which are necessary and unavoidable in carrying out public
health and safety functions.
7. Any open-burning of refuse permitted by Subsection D-l, D-2 and
D-6 of this regulation shall be permitted only between the hours of 6:00
A.M. and.10:00 A.M.
E. Prohibition of Salvage Operations, by Open-Burning. No person shall
conduct or cause or permit the conduct of a salvage operation by open-burning.
F. Exceptions to Regulations on Open-Burning of Trade Wastes.
1. The open-burning of trade wastes may be permitted when it
can be shown that such open-burning is necessary and in the public interest.
Any person intending to engage in open-burning of trade wastes shall file
a request to do so with the Director of Health. The application shall state
the following:
a. The name, address and telephone number of the person who
submitted the application.
b. The type of business or activity involved.
c. A description of the proposed equipment and operating
practices: the type, quantity and composition of trade wastes
to be burned.
d. The schedule of burning operations.
e. The exact location where open-burning will be used to
dispose of trade waste.
f. Reasons why no method other than open-burning can be
used for disposal of trade waste.
g. Evidence that the proposed open-burning has been approved
by any fire department which may have jurisdiction.
h. Upon approval of the application by the Director of Health,
the person may proceed with the operation without being in violation
of Section C.
G. Restrictions on Open-Burning of Agricultural Wastes.
1. The open-burning of plant life is prohibited provided that
the open-burning of plant life grown on the premises in the course
of any agricultural operation may be permitted when it can be shown
that such open-burning is necessary and that no fire-hazard will occur.
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Any person intending to dispose of plant life by open-burning shall
file a request to do so with the Director of Health on forms provided
by him. Such form may require the provision of such information as
the Director of Health may reasonably need to determine the air pol-
lution aspects of the situation and whether the request should be
granted. The applicant shall furnish the Director of Health evidence
that the proposed open-burning has been approved by any fire department
which may have jurisdiction. Upon approval of the application by the
Director of Health the person may proceed with the operations without
being in violation of this Section G-l.
2. Any open-burning permitted under provisions of Subsection G-l
of this regulation shall be permitted only between the hours of 6:00 A.M.
and 10:00 A.M.
(51.9) SECTION 146. INCINERATORS.
A. Purpose. It is the purpose of this regulation to establish controls
for the construction and operation of incinerators to prevent desirable
levels of air contaminants in the atmosphere, while maintaining compliance
with the existing Fire Prevention Code (Title 14 the Charter and Revised
Ordinances of the City of Tulsa, Oklahoma).
B. Definitions. The section on definitions in the City of Tulsa Clean
Air Ordinance (No. 10819) and the County of Tulsa Clean Air Rules and Reg-
ulations applies to this regulation. The additional terms defined in this
section have the meanings given them herein when used in this regulation.
1. Incinerator. Any device, structure or contrivance intended
or used to dispose of refuse of other wastes by burning and the
processing of salvable material by burning.
2. Refuse. Notwithstanding definitions in other regulations,
as used in this regulation, the word refuse includes garbage, rubbish,
trade wastes, leaves, salvable material, agricultural wastes and other
wastes.
3. Multiple Chamber Incinerator. Any incinerator consisting
of two or more refractory-lined combustion chambers in series, physically
separated by refractory walls, interconnected by gas passage ports
or ducts and adequately designed for maximum combustion of the material
to be burned.
C. Provisions Applicable to All Incinerators. After the effective
date of this regulation all incinerators shall meet the following provisions:
1. No incinerator shall emit into the atmosphere any air contam-
inant in quantities detrimental to health or property, or adversely
affecting the use or enjoyment of property.
2. Two copies of plans and specifications or manufacturers'
descriptive literature, or both if available, shall be filed with the
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Director of Health thirty (30) days prior to the installation, con-
struction, reconstruction or alteration of any incinerator. The
material so filed shall show the general location, design, capacity,
amount and type of waste to be incinerated, fire chamber details,
stack or chimney details and location with reference to neighboring
properties.
3. All new incinerators shall be multiple-chamber incinerators,
provided that the Director of Health may approve any other kind of
incinerator if he finds in advance of construction or installation
that such other kind of incinerator is equally effective for purposes
of air pollution control as an approved multiple chamber incinerator.
D. Restrictions on Emission Color.
1. Emissions from new incinerators shall not be:
a. Of a shade or density equal to or darker than that des-
ignated as No. 1 on the Ringelmann Chart, or
b. Of such capacity as to obscure an observer's view to a
degree equal to or greater than No. 1 on the Ringelmann Chart except
that air contaminants of a shade or opacity not greater than that
designated as No. 2 on the Ringelmann Chart may be emitted for
aggregate periods not to exceed six (6) minutes, in any sixty (60)
minutes; the shade or opacity of air contaminants shall be measured
at its point of emission.
2. Emissions from Existing Incinerators shall not be:
a. Of a shade or density equal to or darker than that
designated as No. 2 on the Ringelmann Chart, or
b. Of such opacity as to obscure an observer's view to a degree
equal to or greater than No. 2 on the Ringelmann Chart, exclusive
of water vapor.
E. Method of Measurement. The Ringelmann Chart published and described
in the U.S. Bureau of Mines Information Circular 7718 of the U.S. Federal
Register, Title 42, Chapter 1, Sub-chapter F shall be used in
grading the shade or opacity of visible air contaminant emissions. The Director
of Health may specify other means of measurement which give comparable results
or results of greater accuracy. The two publications described in this sub-
section are hereby made a part of this regulation by reference.
F. Time Limit for Compliance of Existing Incinerators. All
existing incinerators shall meet all of the provisions of Section C within
18 months after the effective date of this regulation. (Ord. No. 11224).
G. Restrictions on Particulate Matter Emission from Incinerators.
No person shall cause, suffer, allow or permit to be discharged into the
outdoor atmosphere:
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1. From any incinerator burning less than 200 pounds of refuse
per hour, particulate matter to exceed 0.3 grains per standard cubic
foot of dry flue gas, adjusted to 12% carbon dioxide and calculated
as if no auxiliary fuel had been used.
2. From any incinerator burning 200 or more pounds of refuse
per hour, particulate matter to exceed 0.2 grains per standard cubic
foot of dry flue gas, adjusted to 12% carbon dioxide and calculated
as if no auxiliary fuel had been used.
'(50.0) SECTION 147. CONTROL OF AIR POLLUTION FROM SMOKE AND PARTICULATE
MATTER.
A. Purpose. It is the purpose of this regulation to establish air
standards for the City of Tulsa, Oklahoma, and the County of Tulsa, Oklahoma,
in order to define and prevent undesirable levels of smoke and particulate
matter.
B. Definitions.
1. The section of definitions in the City of Tulsa Clean Air
Ordinance (No. 10819) applies to this regulation. The additional
terms defined in this section have the meanings given to them herein
when used in this regulation.
2. Particulate Matter. Any material, except uncombined water,
that exists in finely divided form as a liquid or solid. The term
"suspended particulate matter" is used to distinguish such liquid
or solid matter from material which settles rapidly due to gravity.
3. Smoke. Small gas-borne particles resulting from incomplete
combustion, consisting predominantly of carbon and other combustible
materials, and present in sufficient quantity to be observable.
4. Equivalent Opacity. The degree to which an emission, other
than gray or black smoke, obscures the view of an observer, expressed
as an equivalent of the obstruction caused by a gray or black smoke
emission of a given density, as measured by a Ringelmann Smoke Chart.
5. Emergency. Any departure from normal operations resulting
in the temporary emission of smoke and/or particulate matter above
the specified standards.
C. Control of Smoke.
1. Emissions from New Installations. After the effective date
of this regulation, the emission of smoke from any new combustion
unit or from any type of burning in a combustion unit including the
incineration of industrial, commercial and municipal wastes, shall not
be of a shade or density equal to or darker than that designated as
No. 1 on the Ringelmann Smoke Chart, except that smoke emitted
during the cleaning of a fire box or the building of a new fire,
sootblowing, equipment changes, ash removal and rapping of precipitators
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changes may be equal to or greater than an equivalent opacity of No. 2 on the
Ringelmann Smoke Chart for a period or periods aggregating not more than
six (6) minutes in any sixty (60) consecutive minutes, nor more than six (6)
hours in any 10-day period.
E. Parti cul ate Matter.
1 . Ambient Air Quality Standards for Parti cul ate Matter. The con-
centrations of parti cul ate matter in the atmosphere higher than the
levels specified below for the various land use areas constitute undesir-
able levels, whether the sources are from natural causes or from the
activities of man, and a state of air pollution exists when the concen-
trations of parti cul ates exceed these levels. The ambient air quality
for an area shall be determined on the basis of not less than (10) 24-
hour samples taken within a 30-day period of time. The ambient air
quality for an area is considered as failing to meet the standards
stated below if the ambient atmosphere of the area, based on the re-
quisite 24-hour sample, exceed these levels more than 10 percent (10%)
of the time on a log-normal cumulative frequency distribution.
a. Concentration Levels.
Rural : Not to exceed sixty (60) micrograms of
particulate matter per cubic meter of air.
(2) Residential and Recreational : Not to be exceed
eighty (80) micrograms of particulate matter per cubic
meter of air.
(3) Commercial and Business: Not to exceed one hundred
(100) micrograms of particulate matter per cubic meter of air.
(4) Industrial: Not to exceed one hundred twenty (120)
micrograms of particulate matter per cubic meter of air.
b. Area Classification: Rural, residential, commercial
and industrial area classifications are defined on the basis of
their land use and are not to be considered as part of a local
or statewide zoning system. The Director of Health shall decide
the proper definition of an area.
c. Sampling and analysis to determine the concentration of
particulate matter shall be performed in accordance with eng-
ineering guides prepared by the Health Department. The pro-
cedures will be consistent with obtaining accurate results
which are representative of the conditions being evaluated and
will be subject to revision as experience or knowledge dictate.
2. Emission Limits for Particulate Matter from Specific
Activities.
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a. Emission of Particulate Matter from Fuel-Burning
Equipment.
(1) No person shall cause, suffer, allow or permit
particulate matter caused by the combustion of fuel to
be discharged from any stack or chimney into the atmosphere,
in excess of the hourly rate set forth in the following table:
Maximum Allowable Emissions
Heat Input in Million of Particulate Matter in
British Thermal Units Pounds per Million
Per Hour British Thermal Units
Up to and including 10 0.60
100 0.35
1,000 0.20
10,000 and above 0.12
(a) For a heat input between any two (2) consecutive
heat inputs stated in the preceding table maximum allowable
emissions of particulate matter are shown on Figure 1.
(b) For the purposes hereof, heat input shall be
calculated as the aggregate heat content of all fuels
(using the upper limit of their range of heating value)
whose products of combustion pass through the stack or
chimney.
(c) When two (2) or more fuel-buring units are con-
nected to a single stack, the combined heat input of all
units connected to the stack shall be used to determine the
allowable emission from the stack.
(d) When a single fuel-burning unit is connected
to two (2) or more stacks, the allowable emission from
all the stacks conbined shall not exceed that allowable
for the same unit connected to a single stack.
b. Emission of Particulate Matter from Industrial Processes.
1. General Provisions.
(a) This section applies to any operation, process
or activity except the burning of fuel for direct heating
in which the products of combustion do not come in direct
contact with process materials and except the burning of
refuse and except the processing of salvageable material
by burning, and except existing foundry cupolas.
(b) Process weight per hour is the total weight of
all materials introduced into any specific process which
process may cause any discharge of particulate matter.
Solid fuels charged will be considered as part of the pro-
cess weight, but liquid and gaseous fuels and combustion
air will not. For a cyclical or batch operation, the
process weight by the number of hours in one complete
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operation from the beginning of any process to the
completion thereof, excluding any time during which the
equipment is idle. For a continuous operation the process
weight per hour will be derived by dividing the process
weignt for a typical period of time oy said time period.
(c) The process weight per hour referred to in this
section shall be based uoon the normal ooeration maximum
capacity of the equipment and if such normal maximum capacity
should be increased by process of equipment changes, the new
normal maximum capacity shall be used as the process weight
in determining the allowable emissions.
(d) Emission tests relating to this regulation
shall be made following the current standards in
ASME 'Power Test Code PTC 27' entitled 'Determining
Oust Concetration in a Gas Stream.1
2. Emission Limitations. Except as provided for in
Section 2.(c), the emission of particulate matter in any one
hour from any source shall be limited as follows:
(a) To the amount shown in Table 1 for the process
weight allocated to such source.
Figure 1. Particulate Matter Emission Limits for Fuel-Burning Equipment
1.0 p
0.8 L
0.06
0.05
10
102 103 104
EQUIPMENT CAPACITY RATING, 106 BTU/HR
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(b) No person shall cause, suffer, allO'.-"- or permit
the emission of particulate matter from any source in a
concentration of excess of 0.30 grain per standard cubic
foot of exhaust gases. If provisions of this Subsection
(2)(b) would permit a greater emission of particulate
matter per hour than allowed by Subsection (2}(a), the
provision of Subsection (2)(b) shall net epply.
TABLE 1
Process Weight
Rate
Lb/Hr Tons/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
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
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
Process Weight
Rate
Lb/Hr Tons/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
8.00
9.00
10.00
15.00
20.00
25.00
30.00
35.00
40.00
45.00
50.00
60.00
70.00
80.00
100.00
500.00
1,000.00
3,000.00
Rate of
Emission
Lb/Hr
16.5
17.9
19.2
25.2
30.2
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
Interpolation of the data in this table for process weight rates up to 60,000
Ibs/hr shall be accomplished by use of the equation:
E = 4.10 P°-67
and interpolation and extrapolation of the data for process weight rate in excess
of 60,000 Ibs/hr shall be accomplished by use of the equation:
E = 55.0 pO-11 _ 4Q} where E = rate of emission in Ib/hr and
P = process weight rate in tons/hr
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c. Emissions of Participate Matter from Existing Foundry
Cupolas.
(1) Every existing foundry cupola shall be equipped with
air pollution control equipment which collect not less than
85 percent of the particulate matter which would be emitted
without the use of such control equipment.
(2) No person shall cause, suffer, allow or permit
the emission of particulate matter from any existing foundry
cupola in a concentration in excess of 0.40 grains per stand-
ard dry cubic foot of exhaust gas. If provisions of this
subsection would permit an emission of a greater weight of
particulate matter per hour than is allowed by subsection
(1) hereof, then the provisions of this subsection shall
not apply.
F. Other Exceptions to Emission Limits.
1. Temporary emissions of particulate matter during periods of
cleaning or adjusting process equipment shall not exceed 150 percent
of the limits as set forth in the above sections for a period or periods
aggregating not more than six (6) minutes in any sixty (60) consecutive
minutes.
2. Upon the occurrence of an emergency, as defined in Subsection 5
of Section B, the emitter shall notify the Health Department as to the
nature and estimated duration of the emergency. The Health Department
may waive the requirements of this regulation for a period up to
seventy-two (72) hours. If the estimated or actual duration is greater
than seventy two (72) hours, the emitter shall apply for a Variance,
according to Section 10 of Ordinance No. 10819.
(50.2) SECTION 148. CONTROL OF AIR POLLUTION FROM SULFUR COMPOUNDS.
A. Purpose. It is the purpose of this regulation to establish air
standards for the City and County of Tulsa, Oklahoma, on sulfur dioxide,
sulfur trioxide, sulfuric acid, and hydrogen sulfide.
B. Definitions.
1. The same definitions as set forth in the enabling Clean
Air Rules and Regulations under Title 63, Oklahoma Statutes, Sections
1-210 and 1-213 shall apply to this Section.
2. Sulfur Compounds. All inorganic or organic chemicals having
an atom or atoms of sulfur in their chemical structure.
3. Emergency. Any departure from normal operations resulting
in the temporary emission of 'sulfur compounds' above the specified
standards.
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C. Ambient Air Quality Standards for Sulfur Compounds.
1. The Air Pollution Control Section declares that concentrations
of sulfur dioxide, sulfur trioxide, sulfuric acid, or hydrogen sulfide
in the atmophere higher than the level specified, respectively, for
each of the compounds in the table in paragraph 2 below, constitute
undesirable levels, and that a state or air pollution exists when
concentrations of any of the compounds exceed the level specified
for that compound.
2. Table of Standards.
a. No person shall cause or permit the emission of sulfur
dioxide from any premises in such manner and amounts that the
concentrations and frequencies attributable to such emission
exceed those shown in the following table in the ambient air at any
occupied place beyond the premises on which the source is located:
Maximum
Concentration3 Averaging Time Allowable Frequency
0.15 PPM or More 1 Hour Once in any 4 days
0.05 PPM or More 24 Hours Once in any 90 days
aparts per Million by Volume
b. No person shall cause or permit the emission of sulfuric
acid or sulfur trioxide or any combination thereof from any premises
in such manner and amounts that the concentrations and frequencies
attributable to such emission exceed those shown in the following
table in the ambient air:
Concentration3.of
Sulfuric Acid or
Sulfur Trioxide or
any Combination Maximum
Thereof Averaging Time Allowable Frequency
0.03 mg/m^ or More 30 Minutes or more Once in any 48 hours
0.01 mg/m^ or More 24 Hours Once in any 90 days
aMiHi grams per cubic meter at standard conditions, measured and
calculated as sulfuric acid.
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c. No person shall cause or permit the emission of hydrogen
sulfide from any premises in such manner and amounts that the
concentrations and frequencies attributable to such emissions in the
ambient air at any occupied place beyond the premises on which the
source is located exceed the values shown in the following table:
Concentration3 of Maximum
Hydrogen Sulfide Averaging Time Allowable Frequency
0.03 PPM 30 minutes Once in 5 days
0.05 PPM 30 minutes Once per year
apart per Million by Volume
3. More Restrictive to Apply. In any situation in which more than
one requirement of this regulation is applicable, the more restrictive
provision shall be govern.
D. Emission Limitations.
1. Existing Installations. Other than mentioned in D.3 below,
no person shall cause or permit the emission of gas containing sulfur
dioxide in excess of 2,000 PPM, sulfur trioxide, or sulfuric acid or
any combination thereof in excess of 70 mg/m^, of hydrogen sulfide
in excess of 100 PPM.
2. New Installations. Other than mentioned in D.3 below, no person
shall cause or permit, from new installations, the emission of gas
containing sulfur dioxide in excess of 500 PPM, sulfur trioxide or sulfuric
acid or any combination thereof in excess of 50 mg/m3, or hydrogen sulfide
in excess of 100 PPM.
3. Existing Sulfuric Acid Plants.
a. No person shall cause or permit, from an existing sulfuric
acid unit stack, the emission of gas containing sulfur dioxide in
excess of that as calculated by the following equation:
Formula for S02 from a sulfuric acid unit—
S = 1/3 /-1690 + 20.75 N + P (68.5 - .2375 N)/
Where: S = S02 emission (PPM)
N = Nominal unit capacity (tons/day of ^$04)
P = Unit production rate (tons/day of H2S04J
b. No person shall cause or permit, from an existing sulfuric
acid unit stack, the emission of sulfur trioxide of sulfuric acid
of any combination thereof in excess of 70 mg/nr.
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E. Exceptions.
1. Temporary emissions of sulfur compounds during periods of
startup and shutdown of continuous process operations, and during
periods of inspections and periodic cleaning and maintenance of
air control equipment, shall not exceed 200 percent of the limits
specified in Section D.I, Emission Limitations, and shall not exceed
100 percent of the limits specified in Section D.2, for more than
twenty-four (24) hour period.
2. Upon the occurrence of an emergency, as defined in Section
B.3, the emitter shall notify the Health Department as to the nature
and estimated duration of the emergency. The Health Department may
waive the requirements of this regulation for a period up to seventy-
two (72) hours. If the estimated or actual duration is greater than
seventy-two (72) hours, the emitter shall apply for a variance according
to Section 10 of Ordinance No. 10819.
F. Methods of Measurement.
1. Measurement of SC^ in the Ambient Atmosphere.
a. Gaseous (SOj) Colorimetric
Ref: SELECTED METHODS FOR THE MEASUREMENT OF AIR POLLUTANTS.
Public Health Service Publication Number 999-AP-ll
(May 1965), Determination of Sulfur Dioxide: West
Gaeke Method, pp. 4-15.
b. Gaseous (SOj) Conductometric
Ref: ASTM STANDARDS ON METHODS OF ATMOSPHERIC SAMPLING
AND ANALYSIS. 2nd Edition, Method D. 1355-60,
Method A. p. 11.
2. Measurement of S02 in Stack Gases
Gaseous (S02) (Shell Development Company Method).
Ref: ATMOSPHERIC EMISSIONS FROM SULFURIC ACID MANUFACTURING
PROCESSES. Public Health Service Publication
999-AP-13 (1965), Appendix B, pp. 85-87.
3. Measurement of H2S04 and S03 or any Combination Thereof in the
Ambient Atmosphere. ~~~
H2S04 Mist (Particulates).
Ref: B. T. Commons, "Determination of Particulate Acid in
Town Air", ANALYST, 88, 364-367 May (1963)
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4. Measurement of hSO and SO or any Combination Thereof in
Stack Gases"
a. H2$04 - Acid Mists (Participates)
Ref: ATMOSPHERIC EMISSIONS FROM SULFURIC ACID MANUFACTURING
PROCESSES. Public Health Service Publication
999-AP-13 (1965), Appendix B, pp. 61-66 (Modified
Monsanto Company Method).
b. H2S04 - S03 Gaseous
Ref: ATMOSPHERIC EMISSIONS FROM SULFURIC ACID MANUFACTURING
PROCESSES. Public Health Service Publication
999-AP-13 (1965), Appendix B, pp. 90-92 (Shell Development
Company Method).
5. Measurement of ^S in the Ambient Atmosphere
Lead-acetate-impregnated Filter Paper Procedure
Ref: J. D. Sensbaugh and W. C. L. Hemeon, "A Low Cost Sampler
for Measurement of Low Concentration of Hydrogen Sulfide,"
AIR REPAIR 4:5 (May 1954).
6. Sampling Procedures. All sampling of stack gases shall be made
in accordance with ASME Bulletin "P.T.C. Number 27", entitled "Determining
Dust Concentration in a Gas Stream."
7. Other Methods. Other test methods approved by the Tulsa City-
County Health Department may be used. The publications describing methods
of measurement specified in this section are hereby made a part of this reg-
ulation by reference.
(2.0) SECTION 149. RIGHT OR REVIEW AND EXCEPTIONS THERETO.
There is hereby created a Review Board composed of five (5) members.
One member shall be selected by the Technical Advisory Council from its
membership. Two members shall be appointed by the City Commission and two
members shall be appointed by the County Commission. The Review Board shall
select annually a chairman from among its members. Meetings shall be called
by the chairman. Three (3) members shall constitute a quorum.
A. When, in the opinion of the Director, a violation of this
Ordinance exists, he may by conference, conciliation and persuasion, endeavor
to the fullest extent possible to eliminate such violation. In case of the
failure by conference, conciliation and persuasion to correct or remedy
any claimed violation, the Director may cause to have issued and served per-
sonally or by registered mail upon the person complained against, a written
order. The order shall specify the provisions of the Ordinance alleged to
constitute a violation thereof and shall order the necessary corrective action
to be taken within a reasonable time to be prescribed in such order. Any such
order shall become final and enforceable unless the person or persons named
therein request in writing a hearing before the Board of Review no later
than (15) days after the date such order is served. The notice of hearing
shall be delivered in person or by registered mail to the alleged violator
or violators not less than ten (10) days before the time set for hearing.
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Provided, however, the aforementioned right of review shall not
apply to Section 145 (CONTROL OF OPEN BURNING) and Section 146 (INCINERATORS),
and the Director may take such immediate action as he deems necessary to
enforce the provisions of Section 145 (CONTROL OF OPEN BURNING) and Section
146 (INCINERATORS) hereof.
B. The respondent to the order may file a written answer thereto and
may appear at such hearing in person or by representative, with or without
counsel, and may make oral argument, offer testimony or cross-examine wit-
nesses in support of the complaint, or taken any combination of such actions.
In all proceedings before the Board of Review with respect to any alleged
violation of the Ordinance, the burden of proof shall be upon the Director,
C. The Board of Review shall make such final determination as it shall
deem appropriate under the circumstances and the Board of Review shall request
the Director of Health to issue a final order in accordance with its findings.
The Director shall notify the respondent thereof in writing by registered mail.
(5.0) SECTION 150. VARIANCES.
Any person seeking a variance from the Clean Air Ordinance shall do so
by filing a petition for variance with the Director of Health. The Director
shall promptly investigate such petition and make a recommendation to the Board
of Review as to the disposition thereof. Upon receiving the recommendation of
the Director the Board of Review shall set a date for public hearing thereon
and shall prescribe the length and type of notice to be given by the petitioner.
Such hearing shall be held as provided above, except the burden of proof shall
be on the petitioner. The Board of Review may grand individual variances beyond
the limitations prescribed in this Ordinance.
(15.0) SECTION 151. PENALTIES.
Any person who violates any provision of the Clean Air Ordinance,
or any final order issued by the Director of Health pursuant to the provisions
of this Ordinance and fails to permanently cease each violation of such order
within (10) days after receipt of notice from the Department of Health
specifying such violation, shall be deemed to be guilty of a misdemeanor
and shall be fined not more than $100.00 or imprisoned for not more than
(30) days, or both. Each day of violation shall be considered a separate
offense.
(2.0) SECTION 152. LIMITATIONS.
Nothing in this Ordinance shall be construed to:
A. Abridge, limit, impair, create, enlarge or otherwise effect
substantially or procedurally the right of any person to damages or other
relief on account of injury to persons or property and to maintain any action
or other appropriate proceeding therefor.
B. Grant to the Board any jurisdiction or authority with respect to
air contamination existing solely within commercial and industrial plants works
or shops.
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C. Affect the relations between employers and employees with
respect to or arising out of air condition of air contamination or air
pollution.
D. Supersede or limit the applicability of any law or ordinance
relating to sanitation, industrial health or safety.
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FEDERALLY PROMULGATED
REGULATIONS
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(10.0) 52.1924 Regulation for Review of New or Modified Indirect Sources
(1) All terms used in this paragraph but not specifically defined
below shall have the meaning given them in 52.01 of this chapter.
(i) The term "indirect source" means a facility, building,
structure, or installation which attracts or may attract
mobile source activity that results in emissions of a
pollutant for which there is a national standard. Such
indirect sources include, but are not limited to:
(a) Highways and roads.
(b) Parking facilities.
(c) Retail, commercial and industrial facilities.
(d) Recreation, amusement, sports and entertainment
facilities.
(e) Airports.
(f) Office and Government buildings.
(g) Apartment and condominium buildings.
(h) Education facilities.
(ii) The term "Administrator" means the Administrator of the
Environmental Protection Agency or his designated agent.
(iii) The term "associated parking area" means a parking facil-
ity or facilities owned and/or operated in conjunction
with an indirect source.
(iv) The term "aircraft operation" means an aircraft take-off
or landing.
(v) The phrase "to commence construction" means to engage in
a continuous program of on-site construction including
site clearance, grading, dredging, or land filling specif-
ically designed for an indirect source in preparation for
the fabrication, erection, or installation of the build-
ing components of the indirect source. For the purpose
of this paragraph, interruptions resulting from acts of
God, strikes, litigation, or other matters beyond the
control of the ownar shall be disregarded in determining
whether a construction or modification program is contin-
uous.
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(vi) The phrase "to commence modification" means to engage in
a continuous program of on-site modification, including
site clearance, grading, dredging, or land filling in
preparation for specific modification of the indirect
source.
(vii) The term "highway section" means the development propo-
sal of a highway of substantial length between logical
termini (major crossroads, population centers, major
traffic generators, or similar major highway control ele-
ments) as normally included in a single location study or
multi-year highway improvement program as set forth in
23 CFR 770.201 (38 FR 31677).
(viii) The term "highway project" means all or a portion of a
highway section which would result in a specific con-
struction contract.
(ix) The term "Standard Metropolitan Statistical Area (SMSA)"
means such areas as designated by the U.S. Bureau of the
Budget in the following publication: "Standard Metro-
politan Statistical Area," issued in 1967, with subse-
quent amendments.
(2) The requirements of this paragraph are applicable to the follow-
ing:
(i) In an SMSA:
(a) Any new parking facility or other new indirect
source with an associated parking area, which has a
new parking capacity of 1,000 cars or more; or
(b) Any modified parking facility, or any modification
of an associated parking area, which increases
parking capacity by 500 cars or more; or
(c) Any new highway project with an anticipated average
annual daily traffic volume of 20,000 or more vehi-
cles per day within ten years of construction; or
(d) Any modified highway project which will increase
average annual daily traffic volume by 10,000 or
more vehicles per day within ten years after modifi-
cation.
(ii) Outside an SMSA:
(a) Any new parking facility, or other new indirect
source with an associated parking area, which has
a parking capacity of 2,000 cars or more; or
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(b) Any modified parking facility, or any modification
of an associated parking area, which increases park-
ing capacity by 1,000 cars or more.
(iii) Any airport, the construction or general modification
program of which is expected to result in the following
activity within ten years of construction or modifica-
tion:
(a) New airport: 50,000 or more operations per year by
regularly scheduled air carriers, or use by 1,600,000
or more passengers per year.
(b) Modified airport: Increase of 50,000 or more opera-
tions per year by regularly scheduled air carriers
over the existing volume of operations, or increase
of 1,600,000 or more passengers per year.
(iv) Where an indirect source is constructed or modified in
increments which individually are not subject to review
under this paragraph, and which are not part of a program
of construction or modification in planned incremental
phases approved by the Administrator, all such increments
commenced after December 31, 1974, or after the latest
approval hereunder, whichever date is most recent, shall
be added together for determining the applicability of
this paragraph.
(3) No owner or operator of an indirect source subject to this para-
graph shall commence construction or modification of such source
after December 31, 1974, without first obtaining approval from
the Administrator. Application for approval to construct or mod-
ify shall be by means prescribed by the Administrator, and shall
include a copy of any draft or final environmental impact state-
ment which has been prepared pursuant to the National Environmen-
tal Policy Act (42 U.S.C. 4321). If not included in such environ-
mental impact statement, the Administrator may request the follow-
ing information:
(i) For all indirect sources subject to this paragraph, other
than highway projects:
(a) The name and address of the applicant.
(b) A map showing the location of the site of indirect
source and the topography of the area.
(c) A description of the proposed use of the site, in-
cluding the normal hours of operation of the facil-
ity, and the general types of activities to be op-
erated therein.
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(d) A site plan showing the location of associated
parking areas, points of motor vehicle ingress and
egress to and from the site and its associated
parking areas, and the location and height of
buildings on the site.
(e) An identification of the principal roads, highways,
and intersections that will be used by motor vehi-
cles moving to or from the indirect source.
(f) An estimate, as of the first year after the date
the indirect source will be substantially complete
and operational, of the average daily traffic vol-
umes, maximum traffic volumes for one-hour and
eight-hour periods, and vehicle capacities of the
principal roads, highways, and intersections iden-
tified pursuant to subdivision (i) (e) of this sub-
paragraph located within one-fourth mile of all
boundaries of the site.
(g) Availability of existing and projected mass transit
to service the site.
(h) Where approval is sought for indirect sources to be
constructed in incremental phases, the information
required by this subparagraph (3) shall be submitted
for each phase of the construction project.
(i) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(ii) For airports:
(a) An estimate of the average number and maximum number
of aircraft operations per day by type of aircraft
during the first, fifth and tenth years after the
date of expected completion.
(b) A description of the commercial, industrial, resi-
dential and other development that the applicant
expects will occur within three miles of the perim-
eter of the airport within the first five and the
first ten years after the date of expected comple-
tion.
(c) Expected passenger loadings at the airport.
(d) The information required under subdivisions (i) (a)
through (i) of this subparagraph.
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(iii) For highway projects:
(a) A description of the average and maximum traffic
volumes for one, eight, and 24-hour time periods
expected within 10 years of date of expected comple-
tion.
(b) An estimate of vehicle speeds for average and maxi-
mum traffic volume conditions and the vehicle capac-
ity of the highway project.
(c) A map showing the location of the highway project,
including the location of buildings along the right-
of-way .
(d) A description of the general features of the high-
way project and associated right-of-way, including
the approximate height of buildings adjacent to the
highway.
(e) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(iv) For indirect sources other than airports and those high-
way projects subject to the provisions of paragraph (b)
(6) (iii) of this section, the air quality monitoring re-
quirements of paragraph (b) (3) (i) (i) of this section
shall be limited to carbon monoxide, and shall be con-
ducted for a period of not more than 14 days.
(4) (i) For indirect sources other than highway projects and air-
ports, the Administrator shall not approve an application
to construct or modify if he determines that the indirect
source will:
(a) Cause a violation of the control strategy of any
applicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The Administrator shall make the determination pursuant
to paragraph (b) (4) (i) (b) of this section by evaluat-
ing the anticipated concentration of carbon monoxide at
reasonable receptor or exposure sites which will be af-
fected by the mobile source activity expected to be at-
tracted by the indirect source. Such determination may
be made by using traffic flow characteristic guidelines
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published by the Environmental Protection Agency which
relate traffic demand and capacity considerations to am-
bient carbon monoxide impact, by use of appropriate at-
mospheric diffusion models (examples of which are refer-
enced in Appendix 0 to Part 51 of this chapter), and/or
by any other reliable analytic method. The applicant
may (but need not) submit with his application, the re-
sults of an appropriate diffusion model and/or any other
reliable analytic method, along with the technical data
and information supporting such results. Any such results
and supporting data submitted by the applicant shall be
considered by the Administrator in making his determina-
tion pursuant to paragraph (b) (4) (i) (b) of this sec-
tion.
(5) (i) For airports subject to this paragraph, the Administrator
shall base his decision on the approval or disapproval of
an application on the considerations to be published as
an Appendix to this Part.
(ii) For highway projects and parking facilities specified
under paragraph (b) (2) of this section which are assoc-
iated with airports, the requirements and procedures
specified in paragraphs (b) (4) and (6) (i) and (ii) of
this section shall be met.
(6) (i) For all highway projects subject to this paragraph, the
Administrator shall not approve an application to con-
struct or modify if he determines that the indirect source
will:
(a) Cause a violation of the control strategy of any ap-
plicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The determination pursuant to paragraph (b) (6) (i) (b)
of this section shall be made by evaluating the anticipa-
ted concentration of carbon monoxide at reasonable re-
ceptor or exposure sites which will be affected by the
mobile source activity expected on the highway for the ten
year period following the expected date of completion ac-
cording to the procedures specified in paragraph (b) (4)
(ii) of this section.
(iii) For new highway projects subject to this paragraph with
an anticipated average daily traffic volume of 50,000 or
more vehicles within ten years of construction, or mod-
ifications to highway projects subject to this paragraph
which will increase average daily traffic volume by 25,000
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or more vehicles within ten years after modification, the
Administrator's decision on the approval or disapproval
of an application shall be based on the considerations to
be published as an Appendix to this Part in addition to
the requirements of paragraph (b) (6) (i) of this section.
(7) The determination of the air quality impact of a proposed indi-
rect source "at reasonable receptor or exposure sites", shall mean
such locations where people might reasonably be exposed for time
periods consistent with the national ambient air quality standards
for the pollutants specified for analysis pursuant to this para-
graph.
(8) (i) Within 20 days after receipt of an application or addition
thereto, the Administrator shall advise the owner or opera-
tor of any deficiency in the information submitted in sup-
port of the application. In the event of such a defi-
ciency, the date of receipt of the application for the
purpose of paragraph (b) (8) (ii) of this section shall
be the date on which all required information is received
by the Administrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
(a) Make a preliminary determination whether the indirect
source should be approved, approved with conditions
in accordance with paragraphs (b) (9) or (10) of this
section, or disapproved.
(b) Make available in at least one location in each re-
gion in which the proposed indirect source would be
constructed, 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 materials, if any, considered by the Adminis-
trator in making his preliminary determination; and
(c) Notify the public, by prominent advertisement in a
newspaper of general circulation in each region in
which the proposed indirect source would be con-
structed, of the opportunity for written public com-
ment on the information submitted by the owner or
operator and the Administrator's preliminary deter-
mination on the approvability of the indirect sourca.
(iii) 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 location where
the indirect source will be situated, as follows: State
and local air pollution control agencies, the chief exec-
utive of the city and county; any comprehensive regional
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land use planning agency; and for highways, any local
board or committee charged with responsibility for activ-
ities in the conduct of the urban transportation planning
process (3-C process) pursuant to 23 U.S.C. 134.
(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 submit 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 indirect source would be lo-
cated.
(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 in
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 indirect source would
be located.
(vi) The Administrator may extend each of the time periods
specified in paragraphs (b) (8) (ii), (iv), or (v) of
this section by no more than 30 days, or such other peri-
od as agreed to by the applicant and the Administrator.
(9) (i) Whenever an indirect source as proposed by an owner or
operator's application would not be permitted to be con-
structed for failure to meet the tests set forth pursuant
to paragraphs (b) (4) (i), (b) (5) (i), or (b) (6) (i)
and (iii) of this section, the Administrator may impose
reasonable conditions on an approval related to the air
quality aspects of the proposed indirect source so that
such source, if constructed or modified in accordance
with such conditions, could meet the tests set forth
pursuant to paragraphs (b) (4) (i), (b) (5) (i), or (b)
(6) (i) and (iii) of this section. Such conditions may
include, but not be limited to:
(a) Binding commitments to roadway improvements or ad-
ditional mass transit facilities to serve the in-
direct source secured by the owner or operator from
governmental agencies having jurisdiction thereof;
(b) Binding commitments by the owner or operator to
specific programs for mass transit incentives for
employees and patrons of the source; and
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(c) Binding commitments by the owner or operator to con-
struct, modify, or operate the indirect source in
such a manner as may be necessary to achieve the
traffic flow characteristics published by the Envi-
ronmental Protection Agency pursuant to paragraph
(b) (4) (11) of this section.
(ii) The Administrator may specify that any items of informa-
tion provided in an application for approval related to
the operation of an indirect source which may affect the
source's air quality impact shall be considered permit
conditions.
(10) Notwithstanding the provisions relating to modified indirect
sources contained in paragraph (b) (2) of this section, the Ad-
ministrator may condition any approval by reducing the extent to
which the indirect source may be further modified without resub-
mission for approval under this paragraph.
(11) Any owner or operator who fails to construct an indirect source
in accordance with the application as approved by the Administra-
tor; any owner or operator who fails to construct and operate an
indirect source in accordance with conditions imposed by the Ad-
ministrator under paragraph (b) (9) of this section; any owner
or operator who modifies an indirect source in violation of con-
ditions imposed by the Administrator under paragraph (b) (10) of
this section; or any owner or operator of an indirect source
subject to this paragraph who commences construction or modifi-
cation thereof after December 31, 1974, without applying for and
receiving approval hereunder, shall be subject to the penalties
specified under section 113 of the Act and shall be considered in
violation of an emission standard or limitation under section 304
of the Act. Subsequent modification to an approved indirect
source may be made without applying for permission pursuant to
this paragraph only where such modification would not violate any
condition imposed pursuant to paragraphs (b) (9) and (10) of this
section and would not be subject to the modification criteria set
forth in paragraph (b) (2) of this section.
(12) Approval to construct or modify shall become invalid if construc-
tion or modification is not commenced within 24 months after re-
ceipt of such approval. The Administrator may extend such time
period upon satisfactory showing that an extension is justified.
The applicant may apply for such an extension at the time of ini-
tial application or at any time thereafter.
(13) 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
applicable State implementation plan.
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(14) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting indirect source review pur-
suant to this paragraph to any agency, other than a regional of-
fice of the Environmental Protection Agency, the following pro-
visions shall apply:
(i) Where the agency designated is not an air pollution
control agency, such agency shall consult the appropri-
ate State or local air pollution control agency prior to
making any determination required by paragraphs (b) (4),
(5), or (6) of this section. Similarly, where the agency
designated does not have continuing responsibilities for
land use planning, such agency shall consult with the
appropriate State or local land use and transportation
planning agency prior to making any determination re-
quired by paragraph (b) (9) of this section.
(ii) The Administrator of the Environmental Protection Agency
shall conduct the indirect source review pursuant to
this paragraph for any indirect source owned or operated
by the United States Government.
(iii) A copy of the notice required pursuant to paragraph (b)
(8) (ii) (c) of this section shall be sent to the Admin-
istrator through the appropriate Regional Office.
(15) In any area in which a "management of parking supply" regulation
which has been promulgated by the Administrator is in effect, in-
direct sources which are subject to review under the terms of such
a regulation shall not be required to seek review under this para-
graph but instead shall be required to seek review pursuant to
such management of parking supply regulation. For purposes of
this paragraph, a "management of parking supply" regulation shall
be any regulation promulgated by the Administrator as part of a
transportation control plan pursuant to the Clean Air Act which
requires that any new or modified facility containing a given num-
ber of parking spaces shall receive a permit or other prior approv-
al, issuance of which is to be conditioned on air quality consid-
erations.
(16) Notwithstanding any of the foregoing provisions to the contrary,
the operation of this paragraph is hereby suspended pending fur-
ther notice. No facility which commences construction prior to
the expiration of the sixth month after the operation of this para-
graph is reinstated (as to that type of facility) shall be subject
to this paragraph.
(37 FR 10846, May 31, 1972 as amended at 40 FR 28065, July 3,
1975; 40 FR 40160, Sept. 2, 1975)
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(17.0) 52.1929 Prevention of Significant Deterioration
(b) Definitions. For the purposes of this section:
(1) "Facility" means an identifiable piece of process equipment. A
stationary source is composed of one or more pollutant-emitting
facilities.
(2) The phrase "Administrator" means the Administrator of the En-
vironmental 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 Federal
Government which administers federally-owned land, including
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
possessing power of self-government.
(6) "Construction" means fabrication, erection or installation of a
stationary source.
(7) "Commenced" 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
reference into the applicable implementation plans for various
States, as provided in 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 Indian Reservations located in such State. The provisions
of this paragraoh do not apply in those counties or other func-
tionally equivalent areas that pervasively exceeded any na-
tional ambient air quality standards during 1974 for sulfur
dioxide or particulate 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 dur-
ing 1974 and therefore are exempt from the requirements of this
paragraph.
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(2) (i) 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
(ii) For purposes of this paragraph, areas designated as
Class III shall be limited to concentrations of particulate
matter and sulfur dioxide no greater than the national
ambient air quality standards.
(iii) 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) (i) of this section.
(3) (i) All areas are designated Class II as of the effective
date of this paragraph. Redesignation may be proposed
by the respective States, Federal Land Managers, or Indian
Governing Bodies, as provided below, subject to approval
by the Administrator.
(ii) 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
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(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
(c) A discussion of the reasons for the proposed re-
designation is available for public inspection at
least 30 days prior to the hearing and the notice
announcing the hearing contains appropriate notifi-
cation 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
consideration 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 re-
designation 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
covered by the proposed redesignation.
(iii) Except as provided in paragraph (c) (3) (iv) of this
section, a State in 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 (ii) of this
subparagraph provided that:
(a) The redesignation is consistent with adjacent State
and privately owned land, and
(b) Such redesignation is proposed after consultation
with the Federal Land Manager.
(iv) Notwithstanding subdivision (iii) 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 undsr paragraph
(c) (3) (ii) aad,
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(b) Such redesignation is proposed after consultation
with the State(s) in which the Federal Land is
located 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
under other laws. Where a State has not assumed juris-
diction over an Indian Reservation the appropriate
Indian 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 approval
of the Secretary of the Interior.
(vi) The Administrator shall approve, within 90 days, any re-
designation proposed pursuant to this subparagraph as
fol1ows:
(a) Any redesignation proposed pursuant to subdivisions
(ii) and (iii) of this subparagraph shall be approved
unless the Administrator determines (1) that the
requirements of subdivisions (ii) 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 delegation
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
(iv) of this subparagraph shall be approved unless
he determines (1) that the requirements of subdivis-
ion (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 in subparagraph (3) (ii) (d) of
this paragraph.
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(c) Any redesignation submitted pursuant to subdivision
(v) of this subparagraph shall be approved unless
he determines (1) that the requirements of subdivis-
ion (v) of this subparagraph have not been complied
with, or (2) that the Indian Governing Body has
arbitrarily and capriciously disregarded relevant
considerations set forth in subparagraph (3) (ii) (d)
of this paragraph.
(d) Any redesignation proposed pursuant to this paragraph
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 proposing
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 pro-
testing State or Indian Reservation shall be approved
by the Administrator only if he determines that in
his judgment the redesignation appropriately balances
considerations of growth anticipated in the area pro-
posed to be redesignated; the social, environmental
and economic effects of such redesignation upon the
area being redesignated and upon other areas and
States; and any impacts upon regional or national
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 re-
quired enforcement action in cases where the State
does not have adequate legal authority to initiate
such actions. The Administrator may waive the re-
quirements of paragraph (c) (3) (vi) (a) (3) if the
State Attorney-General has determined that the State
cannot accept delegation of the administrative/
technical functions.
(vii) If the Administrator disapproves any proposed area
designation under this subparagraph, the State, Federal
Land Manager or Indian Governing Body, as appropriate,
may resubmit the proposal after correcting the deficiencies
noted by the Administrator or reconsidering any area
designation determined by the Administrator to be arbi-
trary and capricious.
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(d) Review of new sources.
(1) The provisions of this paragraph have been incorporated
by reference into the applicable implementation plans for
various States, as provided in Subparts B through ODD of
this part. Where this paragraph is so incorporated, the
requirements of this paragraph apply to any new or modified
stationary source of the type identified below which has
not commenced construction or modification prior to June
1, 1975 except as specifically provided below. A source
which is modified, but does not increase the amount of
sulfur oxides or particulate matter emitted, or is mod-
ified 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
million B:T.U. per hour heat input.
(ii) Coal Cleaning Plants.
(111) Kraft Pulp Mills.
(iv) Portland Cement Plants.
(v) Primary Zinc Smelters.
(vi) Iron and Steel Mills.
(vii) Primary Aluminum Ore Reduction Plants.
(viii) Primary Copper Smelters.
(ix) Municipal Incinerators capable of charging more than 250
tons of refuse per 24 hour day.
(x) Sulfuric Acid Plants.
(xi) Petroleum Refineries.
(xii) Lime Plants.
(xiii) Phosphate Rock Processing Plants.
(xiv) By-Product Coke Oven Batteries.
(xv) Sulfur Recovery Plants.
(xvi) Carbon Black Plants (furnace process).
(xvii) Primary Lead Smelters.
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(xviii) Fuel Conversion Plants.
(xix) Ferroalloy production facilities commencing construction
after October 5, 1975.
(2) No owner or operator shall commence construction or mod-
ification of a source subject to this paragraph unless
the Administrator determines that, on the basis of in-
formation submitted pursuant to subparagraph (3) of this
paragraph:
(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 Jan-
uary 1, 1975, of other sources in the areas affected by
the proposed source shall include all new and modified
sources granted approval 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 commercial, residential, industrial,
and other sources of emissions growth not exempted by
paragraph (c) (2) (iii) of this section which has oc-
curred since January 1, 1975.
(ii) 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 re-
duction 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 Administrator determines that technological or
economic limitations on the application of measurement
methodology to a particular class of sources would make
the imposition of an emission standard infeasible, he
may instead prescribe a design or equipment standard
requiring the application of best available control
technology. Such standard shall to the degree possible
set forth the emission reductions achievable by imple-
mentation of such design or equipment, and shall pro-
vide for compliance by means which achieve equivalent
results.
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(iii) With respect to modified sources, the requirements of
subparagraph (2) (ii) of this paragraph shall be applic-
able 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 show-
ing the design of the source; information necessary
to determine the impact that the construction or modifi-
cation 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 Admin-
istrator, the owner or operator of the source shall
provide information on the nature and extent of general
commercial, residential, industrial, and other growth
which has occurred in the area affected by the source's
emissions (such area to be specified by the Administra-
tor) 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 pro-
cedures 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),
review by the Administrator conducted pursuant to this
paragraph shall be coordinated with the broad environ-
mental reviews under that Act, to the maximum extent
feasible and reasonable.
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(5) Where an owner or operator has applied for permission
to construct or modify pursuant to this paragraph ar.d
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 consideration), approval
shall not be granted until the Administrator has acted
on the proposed redesignation.
(e) Procedures for public participation.
(1) (i) 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
deficiency in 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 paragraph (e) (1) (ii) of this section shall be the
date on which all required information is received by
the Administrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
(a) Make a preliminary determination whether the source
should be approved, approved with conditions, or
disapproved.
(b) Make available in at least one location in each
region in which the proposed source would be con-
structed, 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 materials, if any, considered by the Admin-
istrator in making 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 information submitted by the owner or operator
and the Administrator's preliminary determination
on the approvability of the source.
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(iii) A copy of the notice required pursuant to this sub-
paragraph shall be sent to the applicant and to
officials and agencies having cognizance over the
locations where the source will be situated as fol-
lows: State and local air pollution control agencies,
the chief executive of the city and county; any
comprehensive regional land use planning agency; and
any State, Federal Land Manager or Indian Governing
Body whose lands will be significantly affected by the
source's emissions.
(iv) Public conments submitted in writing within 30 days
after the date such information is made available shall
be considered 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 submit 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 appli-
cation within 30 days after the close of the public
comment period. The Administrator shall notify the
applicant in 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 located.
(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 Admin-
istrator.
(2) Any owner or operator who constructs, modifies, or
operates a stationary source not in accordance with
the application, as approved and conditioned by the
Administrator, or any owner or operator of a stationary
source subject to this paragraph who commences con-
struction 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.
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(3) Approval to construct or modify shall become invalid
if construction or expansion is not commenced within
18 months after receipt of such approval or if con-
struction is discontinued for a period of 18 months or
more. The Administrator may extend such time period
upon a satisfactory showing that an extension is justi-
fied.
(4) 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 applicable State
Implementation Plan.
(f) Delegation of authority.
(1) The Administrator shall have the authority to delegate
responsibility for implementing the procedures for con-
ducting source review pursuant to paragraphs (d) and
(e), in accordance with subparagraphs (2), (3), and
(4) of this paragraph.
(2) Where the Administrator delegates the responsibility
for implementing 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
control agency, such agency shall consult with the
appropriate 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 responsi-
bilities for managing land use, such agency shall con-
sult with the appropriate State and local agency which
is primarily responsible for managing land use prior
to making any determination required 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 Admin-
istrator'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 lo-
cated on Federal lands; except that, with respect to
the latter category, where new or modified sources are
constructed or operated on Federal lands pursuant to
leasing or other Federal agreements, the Federal land
Manager may at his discretion, to the extent permis-
sible under applicable 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 pro-
cedures for conducting source review pursuant to this
section shall not be redelegated, other than to a
regional office of the Environmental Protection Agency,
for new or modified sources which are located on In-
dian reservations except where the State has assumed
jurisdiction over such land under other laws, in which
case the Administrator may delegate his authority to
the States in accordance with subparagraphs (2), (3),
and (4) of this paragraph.
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(51.16) 52.1931 Petroleum Storage Tank Controls
(a) Notwithstanding any provisions to the contrary in the Oklahoma
implementation plan, the petroleum storage tanks listed in par-
agraphs (b) through (e) of this section shall be subject to
the requirements of 15.211 of the Oklahoma Air Pollution Control
Regulations and to the monitoring, inspection, reporting, and
other procedural requirements of the Oklahoma implementation
plan and the Clean Air Act. The owner or operator of each
affected facility shall secure compliance with 15.211 in
accordance with the schedule set forth below.
(b) Tanks 121 and 122 for crude oil storage at the Sun Oil Company
refinery at Duncan, Oklahoma, shall be in compliance with
15.211 no later than August 1, 1979.
(c) Tanks 118 and 119 for gasoline storage at the Apco Oil Corporation
refinery at Cyril, Oklahoma, shall be in compliance with 15.211
no later than February 1, 1979.
(d) Tank 286 for crude oil storage at the Continental Pipe Line Company
property in Oklahoma County, Oklahoma (Section 32-12N-2W) shall
be in compliance with 15.211 no later than February 1, 1979.
(e) The three 80,000 barrel capacity crude oil storage tanks at the
Champ!in Petroleum Company, Noble Station, 13th and Bryan Streets,
Oklahoma City, Oklahoma, shall be in compliance with 15.211 no
later than September 1, 1979.
(f) Action on the part of Sun Oil Company, Apco Oil Corporation, Con-
tinental Pipe Line Company and Champlin Petroleum Company of
controlling hydrocarbon emissions creditable as offsets for
General Motors Corporation, Oklahoma City, Oklahoma, in no way,
relieves these companies from meeting all requirements under
the Oklahoma Air Quality Implementation Plan or under the
Federal Clean Air Act as amended.
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