V
U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 249
Air Pollution Regulations in State
Implementation Plans: Alabama
Abcor Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
-------
PB 290249
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-050
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
Alabama
REPRODUCED BY
NATIONAL TECHNICAL
INFORMATION SERVICE
U. S. DEPARTMENT OF COMMERCE
SPRINGFIELD. VA. 22161
-------
TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1. REPORT NO.
EPA-450/3-78-050
3. RECIPIENT'S ACCESSION'NO.
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation i
Plans: Alabama
5. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
P6
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 RF.PORT 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 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.
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
20. SECURITY CLASS (This page)
Unclassified
21
22. PRICE
EPA Form 2220-1 (9-73)
-------
EPA-450/3-78-050
Air Pollution Regulations
in State Implementation Plans
Alabama
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
I'fl
-------
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-450/3-78-050
11
-------
INTRODUCTION
This document has been produced in compliance with Section T10(h)(1)
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
and the Federally promulgated regulations for they State, as
indi cited in the Federal Register. Regulations which fall into one of
the aboveNcategories as of January 1, 1978, have been incorporated. As
mandated byN
-------
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
-------
SUMMARY SHEET
OF
EPA-APPROVED REGULATION CHANGES
ALABAMA
Subtirittal Date
2/15/73
9/26/73
10/31/73
5/27/74
6/20/74
6/4/75
7/25/75
5/1/75
10/9/75
4/23/76
Approval Date
4/23/74
2/25/74
8/8/74
5/8/75
8/28/75
5/11/76
5/27/76
9/28/76
9/28/76
12/21/76
Description
Chap. 3, 4, 5, 9
(State) Note; This
submittal was missing
Chapter 10
Chapter 5
Note: Old Std. still
applies for Widows
Creek Power Plant in
Jackson Co. (5.1)
Primary AL Plants
Part 4.10 Redefine
Solid Participate
Matter 1.2.1
Coke oven Part 4.9
Note: 4.9 Note: 4.9.4
not acted on yet
Portland Cement
SO? Sulfuric Acid
Plants
Fuel Comb. S0? Note:
Submittal was~missing
Classify Counties
Note: Submittal was
missing
Emergency Episode
Note: Submittal was
missing
-------
Submittal Date Approval Date Description
7/21/76 10/19/77 S02 Chapter 5
10/28/76 9/2/77 New Source Part.
Standards Chapter 12
FEDERAL REGULATIONS
Section Number Description
52.56 Review of New Sources and
Modifications
52.56 (b) Regulation Providing for
Public Comment
52.60 Prevention of Significant
Deterioration
VI
-------
DOCUMENTATION OF CURRENT ERA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
l.i DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY^ANDARDS (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
5.0 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
VII
-------
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) - N02 (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
VIII
-------
TABLE OF CONTENTS
Revised Standard
Subject Index
(2.0)
(2.0)
(1.0)
(2.0)
(14.0)
(2.0)
(4.0)
(9.0) (13.0)
(9.0)
(6.0)
(7.0) (13.0)
(2.0)
(3.0)
(5.0)
(2.0)
(2.0)
(8.0)
(8.0)
(8.0)
Section
Number
Chapter 1
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
1.12
1.13
1.14
1.15
Chapter 2
2.1
2.2
STATE REGULATIONS
Title
General Provisions
Structure and Numbering of Rules
and Regulations
Definitions
Organization
Availability of Records and
Information
Employee Responsibilities and
Conduct
Ambient Air Quality Standards
Monitoring, Records, Reporting
Sampling and Testing Methods
Compliance Schedule
Maintenance and Malfunctioning of
Equipment; Reporting
Prohibition of Air Pollution
Permits
Variances
Circumvention
Severability
Air Pollution Emergency
Air Pollution Emergency
Episode Criteria
Page
1
1
2
7
8
9
12
13
13
14
15
16
16
22
24
24
25
25
25
IX
-------
Revised Standard
Section
Subject Index
(8.0)
(8.0)
(8.0)
(8.0)
(8.0)
(8.0)
(8.0)
(51.9) (51.13)
(51.13)
(51.9)
(51.9)
(50.1)
(50.1.2)
(50.1)
(51.5)
(50.1.1)
(50.1.1)
(51.1)
(51.2)
(51.17)
(51.3)
(50.2)
Number
2.3
2.4
2.5
2.6
2.7
2.8
2.9
Chapter 3
3.1
3.2
3.3
Chapter 4
4.1
4.2
4.3
4.4
4.5
4.6
4.9
4.10
4.11
Chapter 5
Title
Special Episode Criteria
Emission Reduction Plans
Two Contaminant Episode
General Episodes
Emission Reduction Plans for
Local Episodes
Emission Reduction Plans for
Other Sources
Other Authority Not Affected
Control of Open Burning and
Incineration
Open Burning
Incinerators
Wood Products and By-Products
Incineration
Control of Particulate Emissions
Visible Emissions
Fugitive Dust
Fuel Burning Equipment
Process Industries - General
Small Foundry Cupola
Cotton Gins
Coke Ovens
Primary Aluminum Plants
Cement Plants
Control of Sulfur Compound
Page
29
30
30
30
31
31
32
33
33
33
34
35
35
36
36
38
39
40
41
43
43
45
Emissions
-------
Revised Standard
Subject Index
(51.6)
(51.18)
(51-15)
(51.21)"
(50.4)
(51.16)
(51.16)
(51.16)
Section
Number
5.1
5.2
5.3
5.5
Chapter 6
6.1
6.2
6.3
(51.16)
(51.21)
(50.4)
(51.21)
(2.0)
(50.5)
(50.3)
(51.7)
(51.10)
(10.0)
(3.0)
(10.0)
6.4
6.5
6.6
6.7
6.8
Chapter 7
Chapter 8
8.1
8.2 '
Chapter 10
10.1
Chapter 12
Title Page
Fuel Combustion 45
Sulfuric Acid Plants 47
Petroleum Production 47
Process Industries - General 49
Control of Hydrocarbon Emissions 50
Storage of Volatile Organic 50
Materials
Volatile Organic Materials Loading 50
Facilities
Volatile Organic Compound Water 51
Separation
Pumps and Compressors 52
Waste Gas Disposal 52
Organic Solvents 52
Disposal and Evaporation of 55
Solvents
Application of Chapter 55
Control of Carbon Monoxide 56
Emissions
Control of Nitrogen Oxides 57
Emissions
New Combustion Sources 57
Nitric Acid Manufacturing 57
Control of Complex Sources 59
Permit Required 59
Standards of Performance for New 61
Stationary Sources
XI
-------
Revised Standard
Subject Index
(2.0)
(10.0)
(2.0)
(9.0)
(1.0)
(9.0) (13.0)
(7.0)
(9.0) (13.0)
(2.0)
Section
Number
12.1
12.2
12.3
Chapter 14
14.1
14.2
14.3
14.4
14.5
Title
General
Designated Standards of
Performance
Word or Phrase Substitutions
Continuous Monitoring - Require-
ments for Existing Sources
Definitions
Emission Monitoring and Reporting
Requirements
Monitoring System Malfunction
Page
61
61
63
64
64
64
66
Alternate Monitoring and Reporting 66
Requirements
Exemptions and Extensions
67
City of Huntsvilie
(2.0)
(2.0)
(2.0)
0.0)
(16.0)
(14.0)
(4.0)
(9.0)
(9.0) (13.0)
Chapter 1
1.1
1.2
1.3
1.5
1.6
1.7
1.8
1.9
General Provisions 70
Declaration of Policy and Purpose 70
Structure and Numbering of Rules 70
and Regulations
Definitions 71
Powers and Duties of the Air 77
Pollution Control Board
Availability of Records and 77
Information
Ambient Air Quality Standards 79
Inspections 79
Monitoring, Records, Reporting 80
XII
-------
Revised Standard
Section
Subject Index
(9.0)
(6.0)
(7.0) (13.0)
(2.0).
(15.0)
(2.0)
(2.0)
(8.0)
(8.0)
(8.0)
(8.0)
(8.0)
(8.0)
(8.0)
(8.0)
(8.0)
(8.0)
O'.O)
(3.0)
(2.0)
(3.0)
Number
1.10
1.11
1.12
1.13
1.14
1.15
1.16
Chapter 2
2.1
2.2
2.3
2.4 .
2.5
2.6
2.7
2.8
2.9
Chapter 3
3.1
3.2
3.3
Title Page
Sampling and Testing Methods 81
Compliance Schedule 82
Maintenance and Malfunctions of 83
Equipment, Reporting
Prohibition of Air Pollution 84
Penalties and Citations 84
Circumvention 86
Severability 86
Air Pollution Emergency 87
Air Pollution Emergency 87
Episode Criteria 87
Sepcial Episode Criteria 91
Emission Reduction Plans 92
Emission Reduction Plans for Two 92
Contaminants
Emission Reduction Plans for 92
General Episodes
Emission Reduction Plans for 93
Local Episodes
Emission Reduction Plans for 93
Other Sources
Emergency Procedure 96
Permi ts 96
Permits Required 96
Exemptions 97
Transfer 97
XIII
-------
Revised Standard
Section
Subject Index
(3.0)
(3.0)
(3.0)
(9.0)
(3.0)
(2.0)
(3.0)
(3.0)
(2.0)
(5.0)
(5.0)
(2.0)
(2.0)
(2.0)
(16.0)
(51.9) (51.13)
(c-\ TJ\
^ o j . toy
(51.9)
(51.9)
(50.1)
(50.1.2)
(50.1)
Number
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
Chapter 4
4.1
4.2
4.3
4.4
4.5
Chapter 5
51
. i
5.2
5.3
Chapter 6
5.1
6.2
Title
Applications
Cancellation of Applications
Action of Application
Provisions of Sampling and
Testing Facilities
Standards for Granting Permits
Conditional Approval
Temporary Permit to Operate
Denial of Application
Appeals
Variances
Granting of Variances
Petition Procedures
Failure to Comply with Procedures
Objection Procedures
Rules of Evidence at Hearing
Control of Open Burning and
Incineration
Incinerator Design and Operation
Incineration of Wood, Peanut and
Cotton Ginning Wastes
Control of Parti cul ate Emissions
Visible Emissions
Fugitive Dust
Page
97
97
98
98
98
99
100
101
101
102
102
103
104
104
105
106
IDfi
1 wU
107
108
no
no
no
XIV
-------
Revised Standard
Section
Subject Index
(51.5)
(50.1.1)
(51.21)
(51.1)
(50.6)
(51.14)
(51.20)
(51.2)
(50.2)
(51.6)
(51.18)
(51.19)
(51.14)
(50.4)
(51.16)
(51.16)
(51.16)
(51.16)
(51.21)
(50.4)
(51.21)
Number
6.3
6.4
6.5
6.6
6.7
6.8
6.9
6.10
Chapter 7
7.1
7.2
7.3 ,
7.4
Chapter 8
8.1
8.2
8.3
8.4
8.5
8.6
8.7
Title Page
Fuel Burning Equipment 111
Process Industries - General 112
Small Foundry Cupola 113
Cotton Gins 114
Regulation or Odors in the 115
Ambient Air
Kraft Pulp Mills 115
Wood Waste Boilers 116
Coke Ovens 117
Control of Sulfur Compound 119
Emissions
Fuel Combustion 119
Sulfuric Acid Plants 119
Sulfur Recovery Plants 119
Kraft Pulp Mills 119
Control of Hydrocarbon Emissions 121
Storage of Volatile Organic 121
Materials
Volatile Organic Materials Loading 122
Facilities
Volatile Organic Compound Water 122
Separation
Pumps and Compressors 123
Waste Gas Disposal 123
Organic Solvents 123
Disposal and Evaporation of 126
Solvents
XV
-------
Revised Standard
Section
Subject Index
(50.5)
(50.3)
(51.7)
(51.10)
(12.0)
(12.0) (50.1.2)
(12.0)
(12.0)
(12.0)
(12.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(1.0)
(2.0)
(2.0)
Number
Chapter 9
Chapter 10
10.1
10.2
Chapter 11
11.1
11.2
11.3
11.4
11.5
11.6
11.7
Jefferson
Chapter 1
1.1
1.2
1.3
1-4
1.5
Title
Control of Carbon Monoxide
Emissions
Control of Nitrogen Oxides
Emissions
New Combustion Sources
Nitric Acid Manufacturing
Control of Emissions from
Motor Vehicles
Visible Emission Restrictions
for Motor Vehicles
Ignition System and Engine Speed
Crankcase Ventilation Systems
Exhaust Emission Control Systems
Evaporative Loss Control Systems
Other Prohibited Acts
Effective Date
County Board of Health
General Provisions
Declaration of Policy and Purpose
Structure and Numbering of Rules
and Regulations
Definitions
Air Pollution Control Program
Powers and Duties of the Health
Page
127
128
128
128
129
129
129
129
130
131
131
132
134
134
134
135
140
140
(14.0)
1.6
Officer
Availability of Records and
Information
142
XVI
-------
Revised Standard
Section
Subject Index
(4.0)
(15.0)
(9.0) (13.0)
(9.0)
(6.0)
(7.0) (13.0)
(2.0)
(15.0)
(2.0)
(2.0)
(3.0)
(3.0)
(2..0)
(3.0)
(3.0)
(3.0)
(3.0)
(9.0)
(3.0)
(3.0)
(3.0)
(5.0)
(5.0)
Number
1.7
1.8
1.9
1.10
1.11
1.12
1.13
1.14
1.15
1.16
Chapter 2
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
Chapter 3
3.1
Title Page
Ambient Air Quality Standards 143
Inspections 144
Monitoring; Records; Reporting 144
Sampling and Testing Methods 145
Compliance Schedule 146
Maintenance and Malfunctioning 147
of Equipment; Reporting
Prohibition of Air Pollution 148
Penalties and Citations 148
Circumvention 149
Severability 150
Permits 151
Permits Required 151
Exemptions 152
Transfer 152
Applications 152
Cancellation of Applications 152
Action on Applications 152
Provision of Sampling and Testing 153
Faci 1 i ti es
Standards for Granting Permits 153
Conditional Permit 154
Temporary Permit to Operate 155
Variances 157
Granting of Variances 157
XVII
-------
Revised Standard
Section
Subject Index
(2.0)
(2.0)
(2.0)
(16.0)
(8.0)
(8.0)
(2.0)
(8.0)
(8.0)
(8.0)
(8.0)
(8.0)
(8.0)
(8.0)
(51.9) (51.11)
(51.13)
(51.9)
(51.9)
(50.1)
(50.1.2)
(50.1)
Number
3.2
3.3
3.4
3.5
Chapter 4
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
Chapter 5
5.1
5.2
5.3
Chapter 6
6.1
6.2
Title
Petition Procedures
Failure to Comply with Rules
Objection Procedures
Rules of Evidence of Hearing
Air Pollution Emergency
Air Pollution Emergency
Powers and Duties of the Health
Officer
Episode Criteria
Special Episode Criteria
Emission Reduction Plans
Two Contaminant Episode
General Episodes
Emission Reduction Plan for
Local Episodes
Emission Reduction Plans for
Other Sources
Control of Open Burning and
Incineration
Open Burning
Incinerators
Incineration of Wood, Peanut and
Cotton Ginning Wastes
Control of Particulate Emissions
Visible Emissions
Fugitive Dust
Page
158
159
159
160
161
161
161
162
166
167
167
167
167
168
169
169
169
170
172
172
172
XVIII
-------
Revised Standard
Section
Subject Index
(51.5)
(50.1.1)
(51.21)
(51.1)
(51.14)
(51.20)
(51.2)
(50.2)
(51.6)
(51.18)
(51.19)
(51.14)
(50.4)
(51.16)
(51.16)
(51.16)
(50.5)
(50.3)
(51.7)
(51.10)
(12.0)
Number
6.2
6.4
6.5
6.6
6.7
6.8
6.9
Chpater 7
7.1
7.2
7.2
7.4
Chapter 8
3.1
8.2
' C.3
Chapter 9
Chapter 10
10.1
10.2
Chapter 11
Title Page
Fuel Burning Equipment 173
Process Industries - General 174
Small Foundry Cupola 175
Cotton Gins 176
Kraft Pulp Mills 177
Wood Waste Boilers 178
Coke Ovens 178
Control of Sulfur Compound 180
Emissions
Fuel Combustion 180
Sulfuric Acid Plants 181
Sulfur Recovery Plants 181
Kraft Pulp Mills 181
Control of Hydrocarbon Emissions 182
Storage of Volatile Organic 182
Materials
Volatile Organic Materials Load- 182
ing Facilities
Volatile Organic Compound Water 183
Separation
Control of Carbon Monoxide 185
Emissions
Control of Nitrogen Oxides 186
Emissions
New Combustion Sources 186
Nitric Acid Manufacturing 186
Control of Emissions From 187
Motor Vehicles
XIX
-------
Revised Standard
Subject Index
(50.1.2) (12.0)
(12.0)
(12.0)
(12.0)
(12.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(1.0)
(2.0)
(2.0)
(14.0)
(4.0)
(9.0)
(9.0) (13.0)
(9.0)
(6.0)
Section
Number
11.1
11.2
11.3
11.4
11.5
11.6
11.7
Mobile County
Chapter 1
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
Title
Visible Emission Restrictions
for Motor Vehicles
Ignition System and Engine .Speed
Crankcase Ventilation Systems
Exhaust Emission Control System
Evaporative Loss Control Systems
Other Prohibited Acts
Effective Date
Board of Health
General Provisions
Declaration of Policy and
Purposes
Structure and Numbering of Rules
and Regulations
Definitions
Air Pollution Control Program
Powers and Duties of the Mobile
County Board of Health
Availability of Records and
Information
Ambient Air Quality Standards
Inspections
Monitoring, Records, Reporting
Sampling and Testing Methods
Compliance Schedule
Page
187
187
187
188
189
189
189
191
191
191
192
200
200
202
204
204
205
205
206
XX
-------
Revised Standard
Section
Title
Page
Subject Index
(7.0) (13.0)
(2.0)
(15.0)
(2.0)
(2.0)
(8.0)
(8.0)
(2.0)
'(8.0)
(8.0)
(8.0)
(8.0)
(8.0)
(8.0)
(8.0)
(3.0)
(3.0)
(2.0)
(3.0)
(3.0)
(3.0)
(3.0)
Number
1.12
1.13
1.14
1.15
. 1.16
Chapter 2
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
Chapter 3
3.1
3.2
3.3
3.4
3.5
3.6
Maintenance and Ma If unction ing
of Equipment; Reporting
Prohibition of Air Pollution
Penalties and Citations
Circumvention
Severabi lity
Air Pollution Emergency
Air Pollution Emergency
Powers and Duties of the Health
Officer
Episode Criteria
Special Episode Criteria
Emission Reduction Plans
Two Contaminant Episode
General Episodes
Emission Reduction Plan for
Local Episodes
Emission Reduction Plans for
Other Sources
Permits
Permits Required
Exemptions
Transfer
Applications
Cancellation of Applications
Action on Application
207
208
208
210
210
211
211
211
212
216
217
217
217
218
218
220
220
221
221
221
221
221
XXI
-------
Revised Standard
Section
Title
Subject Index
(9.0)
(3.0)
(3.0)
(3.0)
(.30)
(2.0)
(3.0)
(5.0)
(5.0)
(2.0)
(2.0)
(2.0)
(16.0)
(51.9) (51.13)
(51.13)
(51.9)
(51.9)
(50.1)
(50.1.2)
(50.1)
(51.5)
(50.1.1)
Number
3.7
3.3
3.9
3.10
3.11
3.12
3.13
Chapter 4
4.1
4.2
4.3
4.4
4.5
Chapter 5
5.1
5.2
5.3
Chapter 6
6.1
6.2
6.3
6.4
Provision of Sampling and Test-
ing Facilities
Standards for Granting Permits
Conditional Permit
Temporary Permit to Operate
Denial of Application
Appeals
Variances
Granting of Variances
Petition Procedures
Failure to Comply with Rules
Objection Procedures
Rules and Evidence at Hearing
Control of Open Burning and
Incineration
Open Burning
Incinerators
Incineration of Wood, Peanut and
Cotton Ginning Wastes
Control of Parti culate Emissions
Visible Emissions
Fugitive Dust
Fuel Burning Equipment
Process Industries - General
222
222
223
225
225
226
226
227
227
228
229
230
230
232
232
233
233
235
235
235
236
237
XXII
-------
Revised Standard
Section
Subject Index
(51.21)
(51.14)
(51.20)
(50.2)
(51.6)
(51.18)
(51.19)
(50.4)
(51.16)
(51.16)
(51.16)
(51.16)
(51.21)
(50.4)
(51.21)
(50.5)
(50.3)
(51.7)
(51.10)
(12.0)
Number
6.5
6.6
6.7
Chapter 7
7.1
7.2
7.3
Chapter 8
8.1
3.2
8.3
3.4
8.5
8.6
8.7
Chaoter 9
Chapter 10
10.1
10.2
Chapter 11
Title Page
Small Foundry Cupola 238
Kraft Pulp Mills 240
Wood Waste Boilers 240
Control of Sulfur Compound 242
Emissions
Fuel Combustion 242
Sulfuric Acid Plants 242
Sulfur Recovery Plants 242
Control of Hydrocarbon Emissions 244
Storage of Volatile Organic 244
Materials
Volatile Organic Materials Load- 245
ing Facilities
Volatile Organic Compound Water 245
Separation
Pumps and Compressors 246
Waste Gas Disposal 246
Organic Solvents 246
Disposal and Evaporation of 249
Solvents
Control of Carbon Monoxide 250
Emissions
Control of Nitrogen Oxides 251
Emissions
New Combustion Sources 251
Nitric Acid Manufacturing 251
Control of Emissions from Motor 252
Vehicles
XXIII
-------
Revised Standard
Subject Index
(12.0) (50.1.2)
(12.0)
(12.0)
(12.0)
(12.0)
(12.0)
(2.0)
(10.0)
(17.0)
Section
Number
11.1
11.2
11.3
.11.4
11.5
11.6
11.7
Title
Visible Emission Restrictions
for Motor Vehicles
Ignition System and Engine
Speed
Crankcase Ventilation Systems
Exhaust Emission Control Systems
Evaporative Loss Control Systems
Other Prohibited Acts
Effective Date
Federally Promulgated Regulations
(52.56)
Review of New Source and
Modification
Page
252
252
253
253
254
254
255
257
(52.60)
Prevention of Significant Deter- 258
ioration
XXIV
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(2.0)
CHAPTER 1
GENERAL PROVISIONS
(2.0) 1.1 Structure and Numbering of Rules and Regulations
1.1.1 Title and Scope
The provisions contained in these rules and regulations shall be known
and may be cited as the Alabama Air Pollution Control Rules and
Regulations, and shall apply to all activities and all persons in the
State of Alabama, including Federal activities.
1.1.2 Chapters
The normal division of these rules and regulations are chapters, which
should encompass a broad subject matter. Chapters are numbered
consecutively in Arabic throughout the rules and regulations.
1.1.3 Parts
The normal division of chapters are parts. A part should be devoted
to a specific subject matter within a chapter. Parts are numbered
consecutively in Arabic throughout each chapter and shall include the
number of the chapter set off by a decimal point. Thus, the part
number for part 15 within Chapter 3 is 3.15.
1.1.4 Sections
The normal divisions of parts are sections. The section is the basic
unit of these rules and regulations. Sections are numbered consecutively
in Arabic throughout each part and shall include the numbers of the part
set off by a decimal point. Thus, the section number for section 26
of Part 3.15 is 3.15.26.
1.1.5 Internal Division of Sections
Whenever internal divisions are necessary, sections shall be subdivided
into paragraphs, paragraphs into subparagraphs, and subparagraphs into
subdivisions, designated as follows:
Terminology
Paragraph
Subparagraph
Subdivision
Illustrative symbol
(a)
(1)
(1)
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1.1.6 Promulgation Procedure
All requirements and provisions subject to inclusion in these rules
and regulations shall be drafted as amendments to the Alabama Air
Pollution Control Rules and Regulations and prepared in accordance
the provisions of this part and with, insofar as it applies and does
not conflict with this part, the provisions of Part 17 of Title 1 of
the Code of Federal Regulations, as the same may be amended or revised.
1.1.7 Relation Back of Amendments
Whenever any provision of an amendment relates, either directly or
indirectly, to an already applicable rule or regulation set forth herein,
the amendment relates back to the date of initial adoption or promul-
gation of such rule or regulation, unless such amendment or the promul-
gating statement clearly evidence otherwise.
(1.0) T_._2 Definitions
1.2.1 Meaning of Terms
As used in these rules and regulations, terms shall have the meanings
ascribed in this part.
"Act" shall mean the Alabama Air Pollution Control Act of 1971, Act
No. 769, Regular Session, 1971.
"Air Contaminant" shall mean any solid, liquid, or gaseous matter,
any odor, or any combination thereof from whatever source.
"Air Pollution" shall mean the presence in the outdoor atmosphere of one
or more air contaminants in such quantities and duration as are, or
tend to be, injurious to human health or welfare, animal or plant life,
or property, or would interfere with the enjoyment of life or property
throughout the State and in such territories of the State as shall
be affected thereby.
"Air Pollution Emergency" shall mean a situation in which meteorological
conditions and/or contaminant levels in the ambient air reach or exceed
the levels which may cause imminent and substantial endangerment to
health.
"Air Quality Control Region" shall mean jurisdictional areas designated
at Part 81 of Title 40 of the Code of Federal Regulations.
"Chairman" shall mean the Chairman, or in his absence, the Vice Chairman,
of the Commission.
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"Commission" shall mean the "Air Pollution Control Commission of the
State of Alabama" established by the Act.
"Commenced" shall mean that an owner or operator has undertaken a
continuous program of construction or modification or than an owner
or operator has entered into a binding agreement or contractual
obligation to undertake and complete, within a reasonable time, a contin-
uous program of construction or modification.
"Complex Source" shall mean any facility, building structure, installation
or combination thereof which causes emissions to be generated through
associated mobile source activity.
"Construction" shall mean fabrication, erection, or installation of an
affected facility.
"Control" shall mean any device which has the function of controlling
the emissions from a process, fuel-burning, or refuse-burning device
and thus reduces the creation of, or the emission of air contaminants
into the atmosphere, or both.
"Control Strategy" shall mean a collection of various emission standards
selected for the different categories of sources.
"Control Regulation" shall mean a legally enforceable emission control
strategy.
"County Classification" shall mean the designation Class 1 County or
Class 2 County. All facilities, plants or other installations shall
be subject to the restrictions on air pollution emissions specific
to the county classification of the county in which they are located.
(a) A "Class 2 County" shall mean a county in which:
(1) More than 50 percent of the county population resides
in a non-urban place, as defined by the U. S. Department
of Commerce Census Bureau for 1970.
(2) No secondary Nation Ambient Air Quality standard is being
exceeded based on 1971 air quality measurements.
(b) A "Class 1 County" shall mean a county in which the conditions
of either subparagraph (a)(l) or (a)(2) above or both are not
met.
"Director" shall mean the Director of the Division of Air Pollution
Control of the Department of Public Health which is established by the
Act.
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"Effluent Water Separator" shall mean any tank, box, sump, or other
container in which any volatile organic 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" shall mean any source in operation or on which
construction as commenced on the date of initial adoption of an appli-
cable rule or regulation; except that any existing source which has under-
gone modification after the date of initial adoption of an applicable
rule or regulation, shall be reclassified and considered a new source.
"Emission" shall mean a release into the outdoor atmosphere of air
contaminants.
"Employee" shall mean any employee of the Commission or Division.
"Federal Act" shall mean the Clean Air Act (42 U.S.C. 1856 et seq.) as
last amended, and as may hereafter be amended.
"Fuel-Burning Equipment" shall mean any equipment, device, or contrivance
and all appurtenances thereto, including ducts, breechings, fuel-feeding
equipment, ash removal equipment, combustion controls, stacks and
chimney, used primarily, but not exclusively, to burn any fuel for the
purpose of indirect heating in which the material being heated is not
contacted by and adds no substance to the products of combustion.
"Fugitive Dust" shall mean solid air-borne particulate matter emitted
from any source other than a flue or stack.
"Heat Available" shall mean the aggregate heat content of all fuels
whose products of combustion pass through a stack or stacks.
"Heat Input" shall mean the equipment manufacturer's or designer's name-
plate or actual (whichever is greater) capacity of the fuel combustion unit.
"Incinerator" shall mean any equipment, device or contrivance and all
appurtenances thereof used for the destruction by burning of solid,
semi-solid, liquid, or gaseous combustible wastes.
"Maximum Process Weight Per Hour" shall mean the equipment manufacturer's
or designer's guaranteed maximum (whichever is greater) process weight
per hour.
"Modification" shall mean any physical change in, or change in the method
of operation of, an affected source which increases the amount of any air
contaminant (to which a rule or regulation applies) emitted by such
source or which results in the emission of any air contaminant (to which
a rule or regulation applies not previously emitted, except that:
(a) Routine maintenance, repair, and replacement shall not be
considered physical changes, and
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(b) The following shall not be considered a change in the method
of operation:
(1) An increase in the production rate;
(2) An increase in hours of operation;
(3) Use of an alternative fuel or raw material
"New Source" shall mean any source built or installed on or after the
date of initial adoption of an applicable rule or regulation and any
source existing at said stated time which later undergoes modification.
Any source moved to another premise involving a change of location after
the date of initial adoption of an applicable rule or regulation shall
be considered a new source.
"Odor" shall mean smells or aromas which are unpleasant to persons, or
which tend to lessen human food and water intake, interfere with sleep,
upset appetite, produce irritation of the upper respiratory tract, or
cause symptoms of nausea, or which by their inherent chemical or physical
nature, or method of processing, are, or may be, detrimental or dangerous
to health. Odor and smell are used interchangeably herein.
"Opacity" shall mean the obscuration to an observer's view produced by
smoke of any color that is equivalent to an obscuration by smoke of a
shade specified in the Ringelmann Smoke Chart published by the United
States Bureau of Mines.
"Open Burning" shall mean the burning of any matter in such a manner that
the products of combustion resulting from the burning are emitted
directly into the ambient air without passing through an adequate
stack, duct, or chimney.
"Operating Time" shall mean the number of hours per year that a source
conducts operations.
"Owner or operator" shall mean any person who owns, leases, operates,
controls, or supervises an affected facility, article, machine, equip-
ment, other contrivance, or source.
"Particulate Matter" shall mean finely divided material, except uncom-
bined water which is a liquid or a solid at standard conditions of
temperature at 63°F and pressure at 14.7 pounds per square inch
absolute.
"Priority Classification" shall mean Air Quality Control Region Pollution
Priority Classifications set forth at Part 52 of Title 40 of the Code
of Federal Regulations.
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"Process" shall mean any action, operation, or treatment of materials,
including handling and storage thereof, which may cause discharge of
an air contaminant, or contaminants, into the atmosphere, but excluding
fuel burning and refuse burning.
"Process Weight" shall mean the total weight in pounds of all materials
introduced into any specific process which may cause any discharge into
the atmosphere.
"Process Weight Per Hour" shall mean the total weight of all materials
introduced into any specific process that may cause any discharge of
particulate matter. Solid fuels charged will be considered as part
of the process weight, but liquid and gaseous fuels and combustion
air will not. For a cyclical or batch operation, the process weight
per hour will be derived by dividing 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 equipment is idle. For a continuous operation, the process
weight per hour will be derived by dividing the process weight for a
typical period of time by that time period.
"Refuse" shall mean matter consisting of garbage, rubbish, ashes, street
debris, dead animals, abandoned vehicles, industrial wastes, demolition
wastes, construction wastes, special wastes, or sewage treatment residue.
"Ringelmann Chart" shall mean the chart published and described in
U. S. Bureau of Mines Information Circular 8333.
"Smoke" shall mean gas-borne particles resulting from incomplete
combustion, consisting predominantly, but not exclusively, of carbon,
ashes, or other combustible material.
"Soiling Index" shall mean a measure of the soiling properties of
suspended particles in air determined by drawing a measured volume of
air through a known area of Whatman No. 4 filter paper for a measured
period of time, expressed as COHs/1,000 linear feet.
"Source" shall mean any building, structure, facility, installation,
article, machine, equipment, device, or other contrivance which emits or
may emit any air contaminant. Any activity which utilizes abrasives
or chemicals for cleaning or any other purpose (such as cleaning the
exterior of buildings) which emits air contaminants shall be considered
a source.
"Stack or ducts" shall mean any flue duct, or other contrivance arranged
to conduct emissions to the open air.
"Startup" shall mean the setting in operation of an affected source
-6-
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for any purpose.
"State" shall mean the State of Alabama.
"Submerged Fill Pipe" shall mean any fill pipe, the discharge opening
of which is entirely submerged when the liquid level is 6 inches
above the bottom of the tank; or when applied to a tank which is loaded
from the side, shall mean any fill pipe, the discharge opening of which
is entirely submerged when the liquid level is two times the fill pipe
diameter, in inches, above the bottom of the tank.
"Uncombined Water" shall mean any water droplets or water vapor conden-
sate that does not contain any other solid or liquid particulate
matter attached to the water droplets.
"Volatile Organic Compounds" shall mean any compound containing carbon
and hydrogen or containing carbon and hydrogen in combination with any
other element which has a vapor pressure of 1.5 pounds per square inch
absolute or greater under actual storage conditions.
(2.0) 1.3 Organization
1.3.1 Administration of Division
The Division of Air Pollution Control created by Section 4(a) of the
Act shall be a division of the Bureau of Environmental Health of the
Alabama Department of Public Health and shall be administered according
to the direction of the State Health Officer.
1.3.2 Appointment of the Director
The Director of the Division shall be appointed by the Commission in
accordance with the Merit System laws of this State. The Director
shall, at the time of his appointment, meet the qualifications and
requirements of the Public Health Engineer V, or higher, classification
as established by the State Personnel Board, and this shall have been
certified by the State Personnel Director. The Director shall be
compensated pursuant to a compensation plan approved by the State
Personnel Board.
1.3.3 Organization of the Division
The Director shall divide the Division into appropriate organizational
units for the purpose of distributing duties, responsibilities, and
work among the various personnel of the Division. Within limits of
rules and regulations of the State Personnel Board, the Director may
appoint the heads of the organizational units so created. The creation
of organizational units and the appointment of unit heads shall be
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reported to the Commision and shall be subject to its approval.
1.3.4 Division Personnel
Subject to the State Merit System laws and the limitations of budget, the
Director may employ, in the name of the Commission, such technical,
administrative and clerical, and other personnel as he deems necessary
to carry out the purposes and provisions of the Act. Personnel actions
taken by the Director shall be reported to the Commission from time to
time.
(14.0) 1.4 Availability of Records and Information
1.4.1 Public Inspection of Records
Except as is provided in this part, any records, reports or information
obtained under the Act, and the official records of the Commission shall
be available to the public for inspection. Permission to inspect such
' records should be made to the Director, Alabama Air Pollution Control
Commission, Montgomery, Alabama 36104, unless otherwise directed in
published organizational, procedural, or regulatory statements pertaining
to specific records or classes of records. Such request should state
the general subject matter of the records sought to be inspected to
permit identification and location.
1.4.2 Exceptions
Upon a showing satisfactory to the Director by any person that records,
reports, or information, or particular part thereof, (other than
emission data) to which the Commission has access if made public, would
divulge production or sales figures or methods, processes or production
unique to such person, or would otherwise tend to affect adversely the
competitive position of such person by revealing trade secrets, the
Commission and the Director shall consider such record, report, or
information or particular portion thereof confidential in the administra-
tion of the Act.
1.4.3 Creation of Record
Records will not be created by compiling selected items from other
documents at the request of a member of the public, nor will records
be created to provide the requester with data such as ratios, proportions,
percentages, frequency distribution, trends, correlations, or comparisons.
1.4.4 Denial of Requests for, or Non-existence of, Information
If it is determined pursuant to this Part that requested information
will not be provided or that, to the best knowledge of the Director,
requested information does not exist, the Director shall notify in
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writing the party requesting the information that the request is either
denied or cannot be fulfilled.
1.4.5 Copies of Documents
If it is determined that information requested may be disclosed, the
requesting party shall be afforded the opportunity to obtain copies
of the documents containing such information. However, records shall not
be released for copying by non-Division personnel except by permission
of the Director. When a determination not to disclose a portion of
information requested has been made, records shall be masked for
copying of nonexcepted portions of the information.
1.4.6 Disclosure of Information to Other Agencies
Nothing in these rules and regulations shall be construed to prevent
disclosure of any report, record or information obtained under the
Act, or any of the official records of the Commission to Federal,
State, or local air pollution control laws, or when relevant in any
proceedings under the Act.
1.4.7 Correlation of Information
As soon as practicable, the Director shall provide for public avail-
ability of emission data reported by source owners or operators or
otherwise obtained by the Director of the Division. Such emission
data shall be correlated with applicable emission limitations or other
measures. As used in this section, "correlated" means presented in
such a manner as to show the relationship between measured or estimated
amounts of emissions and the amounts of such emissions allowable under
these rules and regulations.
(2.0) 1.5 Employee Responsibilities and Conduct
1.5.1 Introduction
People who work for the Alabama Air Pollution Control Commission are in
a special category. They are not only employed by the Commission, which
may be their immediate "boss", but more importantly, they are paid by
the people of Alabama. Consequently, they have an obligation not only
to their immediate supervisors, but also to the taxpayer to assure that
he gets his "money's worth". As a result, Commission employees live
in somewhat of a glass house and must adhere to high moral and
ethical standards in their business relationships and personal conduct.
It is virtually impossible to set out specific "rules" to govern each
employee's conduct in all phases of his job. This is not the intent
of these guidelines. Rather, it is an attempt to present some of the
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more frequent or common situations which arise and to provide each
employee with general guidelines to assist him in carrying out his duties
in an efficient and responsible manner without the need for specific
identification of everything he can or cannot do.
1.5.2 General Comments
Commission employees are expected to comply with all statutes and rules
of the State and their communities. It is not the intent of the
Commission as an employer to be concerned with the non-working time
of its employees. However, when off-duty conduct has a bearing on the
Commission operations or brings discredit upon the Commission or State
government, then such conduct does legitimately become a concern and
could result in appropriate disciplinary action against the employee.
The Commission employee must be especially careful to avoid such things
as using his official position for personal gain, giving unjustified
preferences, losing sight of the need for efficient and impartial
decisions in methods of operation, or committing an act which could
result in questioning the integrity of the Division or Commission.
1.5.3 Gifts and Favors
Commission employees ought to be especially careful in their relationships
to avoid any taint of irresponsibility by accepting any gift or gratuity
from a non-employee who is now or is seeking to do business with the
Commission or whose business is regulated by the Commission. Many times
an employee will be offered items of nominal value such as pens, pencils,
calendars, matches, etc. It would not be improper to accept these items
as long as both parties recognize that there is no intent to affect
a business relationship. Likewise, there will be times when non-
employees will offer to take a Commission employee to lunch to discuss
business. This, too, can be proper or improper depending on the
circumstances. If done on an infrequent basis and in the ordinary
course of business, it would appear to be proper. However, if the
intent of either party was to allow the social affair to affect the
business transaction, it most definitely would be improper. Each
employee must be conscious of the possibility of impropriety and make
his own decision as to the particular situation.
1.5.4 Outside Employment
Each full-time Commission employee is expected to devote his entire
working hours to his job and to the business of the Commission. While
there is no absolute bar to outside employment, such employment must
not interfere with complete attention tc the employee's responsibilities
as a Commission employee. There are, of course, some outside employment
situations which could result in a conflict of interest between the
two jobs. These kinds of involvements between outside activities and
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Commission employment must be strictly avoided. If the employee has
any question that a conflict of interest situation might develop, he
should immediately discuss the situation with the Director.
Naturally, an employee should not receive any compensation from any
outside source for the performance of his Commission responsibilities.
Employees are, of course, encouraged to participate in civic organization
activities, again where such activities do not interfere with full
performance of the employee's Commission responsibilities.
1.5.5 Use of Privileged Information
Many Commission employees will deal with plans and programs of significant
public interest. Employees must not use this privileged information to
their own financial advantage or to provide friends and acquaintances with
financial advantages, or with information which could be used for
financial advantage.
If an employee finds that he has an outside financial interest which
could be affected by Commission plans or activities, he should
immediately report the situation to the Director.
Each employee is charged with the responsibility of insuring that he
releases only information that should be made available to the general
public.
1.5.6 Use of State Property
Employees should not, directly or indirectly, use or allow the use of
Commission or State property of any kind for other than official
activities.
1.5.7 Conclusion
The foregoing guidelines should assist each employee in more efficiently
carrying out his responsibilities as a Commission employee. As
mentioned earlier, these standards are not intended to be all-encompassing,
nor to spell out each kind of situation that will arise. Likewise,
it has not been spelled out in detail all of those actions such as
theft of State property, being intoxicated on the job, etc., which is
recognized as subjecting a person to disciplinary action.
It is well recognized that many problems will arise in the daily course
of an employee's activities which could raise some question in his
mind as to what action he should take. Each employee is encouraged
to discuss these matters with the Director to obtain guidance and
assistance.
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(4.0) 1.6 Ambient Air Quality Standards
1.6.1 Primary and Secondary Standards
The National primary ambient air quality standards and national secondary
ambient air quality standards and accompanying appendices of reference
methods, set forth as Part 50 of Title 40 of the Code of Federal
Regulations, as the same may be amended or revised, are hereby incorpor-
ated and made a part of these regulations, and shall apply throughout
the State.
1.6.2 Policy
It is the objective of the Commission to obtain and maintain the ambient
air quality standards of this Part in achieving the policy and purpose
of the Act and as required by the Federal Act. The adoption hereby
of the national primary and secondary ambient air quality standards
shall not be considered in any manner to allow significant deterioration
of existing air quality in any portion of the State.
1.6.3 Attainment of Primary Standard
These rules and regulations and the administration of the Division by the
Director shall provide for the attainment of the national primary
ambient air quality throughout the State as expeditiously as practicable,
but in no case later than three years after the date of initial adoption
of these rules and regulations or within the time limits specified by
Section 110(a) of the Clean Air Act, as amended (84 Stat. 1680'),
whichever is later.
1.6.4 Attainment of Secondary Standard
To the extent practicable and feasible, these rules and regulations
and the administration of the Division by the Director shall strive
for the attainment of the national secondary ambient air quality through-
out the State concurrently with the attainment of the national primary
ambient air quality standard as provided in Section 1.6.3.
1.6.5 Affect on Interstate Air Quality Control Regions
The administration of the Division by the Director shall insure that
air contaminants emitted within an Alabama portion of an Interstate
Air Quality Control Region designate at Part 81 of Title 40 of the
Code of Federal Regulations will not interfere with attainment and
maintenance of any national primary or secondary ambient air quality
standard in the remaining portion of such region. To this end, the
Director is authorized to advise and consult with air pollution control
agencies to achieve the purposes of this section.
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(9.0) 1.7 Monitoring, Records, Reporting
(13.0)
1.7.1 The Director may require the owner or operator of any air
contaminant source to establish and maintain such records; make such
reports; install, use and maintain such monitoring equipment or methods;
sample such emissions in accordance with such methods, at such locations,
intervals and procedures as the Director may prescribe; and provide
such periodic emission reports as required in Section 1.7.2.
1.7.2 Reports
Records and reports as the Director may prescribe on air contaminants
or fuel shall be recorded, compiled and submitted on forms furnished
by the Director or when forms are not so furnished, then in formats
approved by the Director.
(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 Director.
(b) Sulfur dioxide and oxides of nitrogen emission data shall be
averaged over a 24-hour period and shall be summarized monthly.
Daily averaged and monthly summaries shall be submitted to
the Director 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
monthly and submitted monthly and submitted biannually. Current
daily results shall be available for inspection at any time.
(e) The sulfur content of fuels, as burned, except natural gas,
shall be determined in accordance with current recognized
ASTM procedures. Averages for periods prescribed by the
Director shall be submitted biannually. Records shall be kept
current and be available for inspection.
(9.0) 1.8 Sampling and Testing Methods
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1.8.1 Methods
All required sampling and testing shall be made and the results calculated
in accordance with sampling and testing procedures and methods approved
by the Director. All required samples and tests shall be made under
the direction of persons qualified by training and/or experience in
the field of air pollution control.
1.8.2 Standard Methods
The Director, to the extent practicable, should recognize and approve the
test methods and procedures established by Part 60 of Title 40 of the
Code of Federal Regulations, as the same may be amended or revised.
1.8.3 The Division may conduct tests and take samples of air contamin-
ants, fuel, process material or other material which affects or may
affect emission of air contaminants from any source. Upon request of
the Division, the person responsible for the source to be tested shall
provide necessary holes in stacks or ducts 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. If an authorized employee of the Division
during the course of an inspection obtains a sample of air contaminant,
fuel, process material, or other material, he shall give the owner or
operator of the equipment or fuel facility a receipt for the sample
obtained.
1.8.4 Report to Owner or Operator
At the conclusion of any inspection under Section 9 of the Act, or
conduction of any testing or sampling under this Part, if requested,
the owner or operator of the premises shall receive a report setting
forth all facts found which relate to compliance status with the Act and
these rules and regulations.
(6.0) 1.9 Compliance Schedule
1.9.1 Scope
Except as otherwise specified, compliance with the provisions of these
rules and regulations shall be according to the time schedule of this
Part.
1.9.2 New Sources
All new sources shall comply with the applicable rules and regulations
of Chapter 3 et seq. within 60 days after achieving the maximum
production rate at which the affected source will be operated, but
not later than 120 days after initial startup of such source, unless
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the Director specifies another period of time as a condition to the
issuance of any Permit under Part 1.12.
1.9.3 Existing Sources
All existing sources not in compliance as of the date of initial adoption
of an applicable rule or regulation contained in Chapter 3 et seq.
shall be in compliance within 6 months of such initial date unless the
owner or operator responsible for the operation of such source shall have
submitted to the Director in a form and manner satisfactory to him, a
control plan and schedule for achieving compliance, such plan and
schedule to contain a date on or before which full compliance will be
attained, and such other information as the Director may require. Any
such plan and schedule expected to extend over a period of 18 or more
months from such initial date shall include provisions for periodic
increments of progress toward full compliance. If approved by the
Director, such dates shall be the dates on which such owner or operator
shall achieve incremental progress and full compliance. The Director
may require persons to submit subsequent periodic reports on progress
in achieving compliance. In no event shall the control plan and schedule
exceed 3 years from the date of initial adoption of an applicable rule
or regulation. The provisions of this Section shall not apply to sources
for which permits are required under Part 1.12.
1.9.4 Nothing in this Part shall relieve any person, or any new or
existing source from complying with the provisions of Chapters 1 and
2 of these rules and regulations.
(7.0) 1.10 Maintenance and Malfunctioning of Equipment; Reporting
(1.3.0)
1.10.1 Maintenance; Reporting
In the case of shutdown of air pollution control equipment (which
operates pursuant to any permit issued by the Director) for necessary
scheduled maintenance, the intent to shut down such equipment shall be
reported to the Director at least twenty-four (24) hours prior to the
planned shutdown, unless such shutdown is accompanied by the shutdown
of the source which such equipment is intended to control. 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.
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(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.
1.10.2 Malfunction; Reporting
In the event that any emission source, air pollution-control equipment,
or re.lated facility fails or breaks down in such manner as to cause the
emission of air contaminants in violation of these rules and regulations,
the person responsible for such source, equipment, or facility shall
notify the Director within 24 hours of such failure or breakdown and
provide a statement giving all pertinent facts, including the estimated
duration of the breakdown. The Director shall be notified when the
condition causing the failure or breakdown has been corrected and such
source, equipment, or facility is again in operation.
(2.0) 1.11 Prohibition of Air Pollution
No person shall permit or cause air pollution, as defined in Section
1.2.1 of this Chapter by the discharge of any air contaminant for which
no ambient air quality standards have been set under Section 1.6.1.
(3.0) 1.12 Permits
1.12.1 Permits Required
(a) Permit to Construct - Any person building, erecting, altering
or replacing any article, machine, equipment or other contri-
vance, the use of which may cause the issuance of or an increase
in the issuance of air contaminants or the use of which may
eliminate or reduce or control the issuance of air contaminants,
shall first obtain authorization for such construction from the
Director in the form of a Permit to Construct. A Permit to
Construct shall remain in effect until the permit to operate
the equipment for which the application was filed is granted or
denied or the application is canceled.
(b) Permit to Operate
(1) Before any article, machine, equipment or other contrivance
described in paragraph (a) may be operated or used, a
written permit shall be obtained from the Director. No
permit to operate shall be granted for any article, machine,
equipment or contrivance described in paragraph (a),
constructed or installed without authorization as required
by paragraph (a), until the information required is
presented to the Director and such article, machine,
equipment or contrivance is altered, if necessary, and
made to conform to the standards established by the
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Commission.
(2) Any article, machine, equipment or other contrivance
described in paragraph (a) which is presently operating
(or which is not presently operating but which is capable
of being operated) without a Permit to Operate, may
continue to operate (or may restart) only if its owner or
operator obtains a Permit to Operate prior to a date to
be set by the Director (or prior to restarting).
(3) The Director shall have the authority to decide cases where
an article, machine, equipment, or other contrivance is not
clearly subject to nor exempt from the application of this
Part. In addition, the Director may rule that a particular
article, machine, equipment or other contrivance is subject
to the application of this Part even though it is exempt
from the system according to Sections 1.12.1 and 1.12.2
of this Part. The operator or builder of such an article,
a machine, equipment or other contrivance may appeal the
the Director's classification to the Commission, which
shall overrule the Director only if it is shown that he
acted arbitrarily and contrary to the purposes of the Act.
(c) Display of Permit to Operate - A person who has been granted a
Permit to Operate any article, machine, equipment, or other
contrivance shall keep such Permit under file or on display
at all times at the site where the article, machine, equipment,
or other contrivance is located and will make such a permit
readily available for inspection by any and all persons who
may request to see it.
1.12.2 Exemptions
From time to time the Director may specify certain classes or sizes
or articles, machines, equipment, or other contrivances which would
normally be subject to the requirement to obtain Permits to Operate
or Construct, as being exempt from the requirement to obtain such permits.
Exempt sources are subject in every other way to these rules and regula-
tions.
1.12.3 Transfer
A Permit to Construct or Operate shall not be transferable whether by
operation of law or otherwise, either from one location to another,
from one piece of equipment to another, or from one person to another.
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1.12.4 Applications
Every application for a Permit to Construct or Operate required under
Section 1.12.1 shall be filed in the manner and form prescribed by the
Director and shall give all the information necessary to enable the
Director to make the determination required by Section 1.12.8.
1.12.5 Cancellation of Applications
A Permit to Construct shall expire and the application shall be canceled
two years from the date of issuance of the Permit to Construct if the
construction has not begun.
1.12.6 Action on Application
The Director shall act, within a reasonable time, on an application for
Permit to Construct, Permit to Operate and shall notify the applicant
in writing of its approval, conditional approval or denial.
1.12.7 Provision of Sampling and Testing Facilities
A person operating or using any article, machine, equipment or other
contrivance for which these rules and regulations require a permit shall
provide and maintain such sampling and testing facilities as specified
in the Permit to Construct or Permit to Operate.
1.12.8 Standards for Granting Applications
(a) The Director shall deny a permit except as provided by Section
1.12.9, if the applicant does not show that every article,
machine, equipment or other contrivance, the use of which
may cause the issuance of air contaminants, is so designed,
controlled, or equipped with such air pollution control equip-
ment, that it may be expected to operate without emitting or
without causing to be emitted air contaminants in violation
of these rules and regulations.
(b) The Director shall deny a permit if the applicant does not
present, in writing, a plan whereby the emission of air contam-
inants by every article, machine, equipment, or other contri-
vance described in the permit application, will be reduced
during periods of an Air Pollution Alert, Air Pollution
Warning, and Air Pollution Emergency in accordance with the
provisions of Chapter 2.
(c) Before a Permit to Construct or Permit to Operate is granted,
the Director may require the applicant to provide and maintain
such facilities as are necessary for sampling and testing
purposes in order to secure information that will disclose
the nature, extent, quantity or degree of air contaminants
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discharged into the atmosphere from the article, machine,
equipment or other contrivance described in the Permit to
Construct or Permit to Operate. In the event of such a
requirement, the Director shall notify the applicant in
writing of the required size, number and location of the
sampling platform; the access to the sampling platform; and the
utilities for operating the sampling and testing equipment.
(d) The Director may also require the applicant to install, use
and maintain such monitoring equipment or methods; sample such
emissions in accordance with such methods, at such locations,
intervals and procedures as may be specified; and provide
such information as the Director may require.
(e) Before acting on an application for Permit to Construct or
Permit to Operate, the Director may require the applicant to
furnish further information or further plans or specifications.
(f) In acting upon a Permit to Operate, if the Director finds
that the article, machine, equipment or other contrivance has
been constructed not in accordance with the Permit to Construct
and if the changes noted are of a substantial nature in that the
amount of air contaminants emitted by the article, machine,
equipment or other contrivance may be increased, or in that the
effect is unknown, then he shall deny the Permit to Operate.
The Director shall not accept any further application for a
Permit to Operate until the article, machine, equipment or
other contrivance has been reconstructed in accordance with the
Permit to Construct, or until the applicant has proven to the
satisfaction of the Director that the change will not cause an
increase in the emission of air contaminants.
(g) The Director shall deny a Permit to Construct where he
determines that the construction and operation of such source
will interfere with attaining or maintaining any primary or
secondary standard established by Section 1.6.1 or will allow
significant deterioration of existing air quality.
(h) In granting any Permit to Operate, the Director may allow,
as a condition of such permit, for the intermittent discharge
of air contaminants,during startup, shut down, rate change or
load change, in excess of the limitations specified in these
rules and regulations where he finds that because of the
nature of the source there is no practicable alternative.
1.12.9 Conditional Permit
(a) The Director may issue a Permit to Construct or a Permit to
Operate subject to conditions which will bring the operation
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of any article, machine, equipment or other contrivance within
the standards of Section 1.12.8, in which case the conditions
shall be specified in writing. Commencing work under such a
Permit to Construct or a Permit to Operate shall be deemed
acceptance of all the conditions specified. The Director
shall issue a Permit to Construct or a Permit to Operate with
revised conditions upon receipt of a new application, if the
applicant demonstrates that the article, machine, equipment
or other contrivance can operate within the standards of
Section 1.12.8 under the revised conditions.
(b) A Conditional Permit may allow an article, machine, equipment
or other contrivance to be operated in violation of the
conditions of Section 1.12.8 if one of the conditions of the
permit is a definite schedule by which the article, machine,
equipment, or contrivance may attain the conditions of Section
1.12.8 and be granted a Permit to Operate, and if the schedule
provides for attaining the conditions of Section 1.12.8 at the
earliest possible date and is approved by the Director. A
Conditional Permit will be revoked if the applicant does not
submit progress reports to the Director according to the
schedule established by the Conditional Permit. The Director
may further revoke the Conditional Permit if the progress reports
do not show satisfactory progress as specified by the terms
of the Conditional Permit or if the progress reports are
found to be inaccurate.
(c) A Conditional permit that allows any new article, machine,
equipment or contrivance to operate in violation of the
requirements of Section 1.12.8 may not be granted for a period
of time greater than one year, including all renewals.
(d) No Conditional Permit issued under this Section for any
existing article, machine, equipment or contrivance may be
granted for a period of time longer than the greater of the
following periods:
(1) The period from the granting of the permit to a date three
years after the date of initial adoption of an applicable
rule or regulation.
(2) The period from the granting of the permit to a date three
years after the date the Administrator of the U. S.
Environmental Protection Agency approves, in acpordance
with Section 110 of the Federal Act, such applicable rule
or regulation as a part of an implementation plan (or any
revision thereof).
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1.12.10 Temporary Permit to Operate
Upon application for a Permit to Operate by a new facility, the Director
shall, within a reasonable period of time, dispatch an inspector to the
facility in question. If the inspector determines that the facility has
been constructed according to the specifications as set forth under
the Permit to Construct, or else that any changes to the facility would
reduce or effect to an unsubstantial degree that quantity of air
contaminants emitted by the facility, and if a reviewing officer of the
Division agrees with this conclusion, then the Director shall issue a
temporary Permit to Operate which will remain in force until an
official inspection of the facility under actual operating conditions
can be made and the results reviewed or until the Temporary Permit is
suspended or revoked by the Director. The Director may issue a
Temporary Permit to Operate without an inspection if the applicant
fulfills the following requirements:
(a) The application for a Permit to Construct is filled out and
countersigned by a Professional Engineer familiar with air
pollution control as it relates to the equipment under
application.
(b) Upon completion of the construction, a Professional Engineer
familiar with the Permit to Construct submits a letter to the
Director, signed and sealed with his professional stamp,
testifying that the construction under application has been
completed and is in accordance with the specification as set
down in the Permit to Construct. The Director, is empowered
to reject the testimony of the Professional Engineer if the
Director decides that the Professional Engineer's qualifications
are insufficient to allow him to accurately and completely
assess the equipment in question. A Professional Engineer may
appeal any such judgement to the Commission.
1.12.11 Denial of Application
In the event of denial of a Permit to Construct or Permit to Operate,
the Director shall notify the applicant in writing of the reason there-
for. Service of this notification may be made in person or by mail,
and such service may be proved by the written acknowledgement of the
persons served or affidavit of the person making the service. The
Director shall not'accept a further application unless the applicant has
complied with the objections specified by the Director as its reasons for
denial of the Permit to Construct or the Permit to Operate.
1.12.12 Appeals
Within 10 days after notice by the Director of denial or conditional
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approval of a Permit to Construct or Permit to Operate, the applicant
may petition the Commission, in writing, for a review. The Commission
may sustain or reverse the action of the Director; such order may be
made subject to specified conditions.
1.12.13 The holder of a Permit under this Part shall comply with
conditions contained in such Permit as well as all applicable provisions
of these rules and regulations except where violations are specifically
allowed in accordance with a Conditional Permit issued under Section
1.12.9.
(5.0) 1.13 Variances
1.13.1 Petition Procedures
(a) Any person subject to any rule or regulation, requirement or
order, may petition the Commission for a variance from the
application thereof as prescribed by the Act. A petition for
a variance must state the following:
(1) The name, address and telephone number of the petitioner,
or other person authorized to receive service of notices.
(2) Whether the petitioner is an individual, partnership,
corporation or other entity, and names and address of the
officers, if a corporation, and names and address of the
persons in control, if other entity.
(3) The type of business or activity involved in the application
and the street address at which it is conducted.
(4) A brief description of the article, machine, equipment or
other contrivance, if any, involved in the petition.
(5) The signature of the: petitioner, or that of some person on
his behalf, and, where the person signing is not the
petitioner, the authority to sign.
(6) The rule or regulation, requirement or order complained of
from which a variance is requested.
(7) The facts showing why compliance with such rule or regula-
tion, requirement or order would impose serious hardship
on the petitioner or on any 'other person or persons without
equal or greater benefits to the public.
(8) The facts showing why the emissions occuring or proposed to
occur do not endanger or tend to endanger human health or
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safety, human comfort, and aesthetic values.
(9) For what period of time the variance is sought and why.
(10) Provisions of the rule or regulation, requirement or order
which the petitioner can meet and the date when petitioner
can comply with such provisions.
(11) Whether or not any case involving the same identical
equipment or process identified in subparagraph (4)
above is pending in any court, civil or criminal.
(b) All petitions shall be typewritten, double spaced, on legal or
letter size paper, on one side of the paper only.
1.13.2 Failure to Comply with Procedures
(a) The Director shall not accept for filing, any petition which
does not comply with these rules and regulations relating to
the form, filing and service of petitions unless the Chairman
or any two members of the Commission direct otherwise and
confirm such direction in writing. Such direction need not
be made at a meeting of the Commission.
(b) The Chairman or any two members, without a meeting, may require
the petitioner to state further facts or reframe a petition so
as to disclose clearly the issues involved.
1.13.3 Objection Procedures
(a) A person may file a written objection to the grant of a variance
within 21 days from initial advertised notice and thus insure
that a public hearing will be held, according to Section 12 (d)
of the Act. An objection to the grant of a variance must state:
(1) The objector's name, address, and telephone number.
(2) Whether the objector is an individual, partnership,
corporation or other entity, and names and address of the
partners if a partnership, names and address of the
officers if a corporation, and the names and the address of
the persons in control if other entity.
(3) A specification of which petition for a variance is being
objected to.
(4) A statement indicating why the objector believes that the
variance should not be granted.
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(b) All objections should be typewritten or carefully printed in
ink on legal or letter size paper.
1.13.4 Rules of Evidence at Hearing
(a) Each party shall have these rights: to call and examine
witnesses; to introduce exhibits; to cross-examine opposing
witnesses on any matter relevant to the issues even though
that matter was not covered in the direct examination; to
impeach any witness regardless of which party first called
him to testify; and to rebut the evidence against him. If a
petitioner or objector does not testify in his own behalf,
he may be called and examined as if under cross-examination.
(b) The hearing need not be conducted according to technical rules
relating to evidence and witnesses. Any relevant evidence
shall be submitted if it is the sort of evidence on which
responsible persons are accustomed to rely in the conduct
of serious affairs, regardless of the existence of any common
law or statutory rule which may make improper the admission
of such evidence over objection in civil actions. Hearsay
evidence may be used for the purpose of supplementing or
explaining any direct evidence but shall not be sufficient in
itself to support a finding unless it would be admissible
over objection in civil actions. The rules of privilege shall
be effective to the same extent that they are now or hereafter
may be recognized in civil actions, and irrelevant and unduly
repetitious evidence shall be excluded.
(2.0) 1.14 Circumvention
No person shall cause or permit the installation or use of any device
or any means which, without resulting in reduction in the total amount
of air contaminant emitted, conceals or dilutes any emission of air
contaminant which would otherwise violate these rules and regulations.
(2.0) 1.15 Severability
The provisions of these rules and regulations and the various applica-
tions thereof are declared to be severable and if any chapter, part,
section, paragraph, subparagraph, subdivision, clause, or phrase of
these rules and regulations shall be adjudged to be invalid or unconsti-
tutional by any court of competent jurisdiction, the judgment shall
not affect, impair or invalidate the remainder of these rules and
regulations, but shall be confined in its operation to the chapter,
part, section, paragraph, subparagraph, subdivision, clause, or phrase
of these rules and regulations that shall be directly involved in the
controversy in which such judgments shall have been rendered.
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(8.0) CHAPTER 2
AIR POLLUTION EMERGENCY
(8.0) 2.1 Air Pollution Emergency
The Director is authorized and empowered to enforce or require enforce-
ment of any provisions of this Chapter through the State of Alabama.
(8.0) 2.2 Episode Criteria
When the Director determines that conditions justify the proclamation of
an air pollution episode stage, due to the accumulation of air contam-
inants in any place within the State, attaining levels which could, if
sustained or exceeded, lead to a substantial threat to the health of
persons, he shall be guided by the following criteria.
2.2.1 Episode stages shall be determined and declared upon the basis
of average concentrations recorded at any monitoring station in the
State.
2.2.2 If contamination and meteorology warrant, any advanced episode
stage may be declared by the Director without first declaring a lesser
degree of Alert or Watch. The Director shall, at his discretion,
declare a lesser stage, the termination or the continuance of the
advanced episode stage during such times when contamination and
meteorological conditions moderate significantly after an advanced
episode stage has been declared.
2.2.3 Episode Watch
The Director shall declare an Episode Watch when one or more of the
following events take place.
(a) An Atmospheric Stagnation Advisory is issued by the National
Weather Service, stating that atmospheric conditions marked by
a slow moving high pressure system, light winds, and temperature
inversions are expected to affect the State of Alabama or
portions thereof for the next 36 hours.
(b) A forecast by local meteorologist that stagnant atmospheric
conditions as described above could result in high air pollution
levels in Alabama or portions thereof.
(c) Validated reports of abnormally high air pollution measurements,
specifically, reaching or exceeding 50 percent of the Alert
level of Section 2.2.4 for at least three consecutive hours
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at a given locality in the State.
2.2.4 Alert
The Director shall declare an Alert when any one of the following
contaminant concentrations is measured at any monitoring site, and due
to adverse meteorological conditions can be expected to remain at these
levels or higher for the next 12 hours or more unless control measures
are taken:
(a) Sulfur Dioxide - Measured by continuous coulometric or
colorimetric analyzer, or equivalent.
24 hour average, 0.30 ppm (800 jug/m3)
(b) Particulates - Measured by sequential tape sampler, two-hour
accumulations (soiling index).
24-hour average, 3.0 COHS per 1000 linear feet
or measured by Hi Vol (high volume sampler), 24-hour accumulation.
24-hour average, 375 jug/m3
(c) Sulfur Dioxide and Particulates Combined - Product of concurrent
24-hour average concentrations.
sulfur dioxide, ppm, times particulates, COHS, equals 0.2
sulfur dioxide,/jg/mS, times particulates, ug/m3, equals
65,000
(d) Carbon Monoxide - Measured by continuous non-dispersive
infrared analyzer, or equivalent.
8-hour average, 15 ppm (17 mg/m3)
(e) Nitrogen Dioxide - Measured by continuous analyzer, or
equivalent.
24-hour average, 0.15 ppm (282/ig/m3)
or 1-hour average, 0.6 ppm (1130/jg/m3)
1 (f) Photochemical Oxidants - Measured by continuous chemiluminescent
analyzer or equivalent.
1-hour average, 0.1 ppm (200
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2.2.5 Warning
A warning shall be declared by the Director when the concentrations
of any of the following air contaminants measured at any monitoring
site and due to adverse meteorological conditions can be expected to
remain at these levels or higher for the next 12 hours or more unless
control measures are taken:
(a) Sulfur Dioxide - Measured by continuous coulometric or
colorimetric analyzer, or equivalent.
(b) Particulates - Measured by sequential tape sampler, two-hour
accumulations (soiling index).
24-hour average, 5.0 COHS per 1000 linear feet
or measured by Hi Vol, 24-hour accumulation:
24 hour average, 625 pg/m3
(c) Sulfur Dioxide and Particulates Combined - Product of
concurrent 24-hour average concentration.
sulfur dioxide, ppm, times particulates, COHS, equals 0.8
or sulfur dioxide, ug/m3, times particulates, jug/m3, equals
261,000
(d) Carbon Monoxide - Measured by continuous non-dispersive
infrared analyzer or equivalent.
8-hour average, 30 ppm (34 mg/m3)
(e) Nitrogen Dioxide - Measured by continuous analyzer, or
equivalent.
24-hour average, 0.30 ppm (565jug/m3)
1-hour average, 1.20 ppm (2260 jug/m3)
(f) Photochemical Oxidants - Measured by continuous chemiluminescent
analyzer, or equivalent.
1-hour average, 0.40 ppm (800 /jg/m3)
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2.2.6 Emergency
When the following concentrations of air contaminants have been reached
or due to meteorological conditions can be expected to reach or
exceed these levels at any monitoring site in the State for a period
of 12 hours or more unless control actions are taken, the Director
shall declare an Emergency:
(a) Sulfur Dioxide - Measured by continuous coulometric or
colorimetric analyzer, or equivalent.
24-hour average, 0.8 ppm (2100yug/m3)
(b) Particulates - Measured by sequential tape sampler, two-hour
accumulations (soiling index).
24-hour average, 7.0 COHS per 1000 linear feet
or measured by Hi Vol, 24-hour accumulation
24-hour average 875 jug/m3
(c) Sulfur Dioxide and Particulates Combined - Product of
concurrent 24-hour average concentrations.
sulfur dioxide, ppm times particulates, COHS, equals 1.2
or sulfur dioxide, jug/m3, times particulates ,ug/m3, equals
393,000 r
(d) Carbon Monoxide - Measured by continuous non-dispersive infrared
analyzer or equivalent.
8-hour average, 40 ppm (46 mg/m3)
(e) Nitrogen Dioxide - Measured by continuous analyzer, or equivalent.
24-hour average, 0.40 ppm (750/ig/m3)
1-hour average, 1.60 ppm (3000/ig/m3)
(f) Photochemical Oxidants - Measured by continuous chemiluminescent
analyzer, or equivalent.
1-hour average, 0.60 ppm (1200/ig/m3)
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2.2.7 Termination
(a) The status reached by application of the Episode Criteria of
this part shall remain in effect until the criteria for that
level is no longer met. At such time, the next lower status
will be assumed and such changes declared by the Director.
Specifically:
(1) When ambient contaminant concentrations fall below the
critical levels for the stage, and a downward trend of
concentrations is established; and
(2) When meteorological conditions that attended the high
concentrations are no longer called for in official weather
predictions.
(b) A public declaration will take on one of the following forms.
(1) Terminate "Emergency Status", resume "Warning Status"
or "Alert Status"; whichever is appropriate.
(2) Terminate "Warning Status", resume "Alert Status" or
appropriate stage.
(3) Terminate "Episode Status".
(c) Upon termination of an "Episode Status", the Division of Air
Pollution Control will remain on internal "Episode Watch" until
a return to normal operation is announced by'the Division
Director.
2.2.8 Status Declaration Authority
The Director, Division of Air Pollution Control, or his duly authorized
agent, shall have the authority to make an announcement of internal
Episode Watch, and public declarations of Alert, Warning and Emergency
Status.
(8.0) 2.3 Special Episode Criteria
2.3.1 The Director shall have the authority to declare episodic
conditions when the atmospheric concentration of a single contaminant
or that of a specific locality within the State show elevated
concentrations.
2.3.2 Specific Pollutant Situation
When concentrations of one or two contaminants reach or exceed the
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defined criteria levels, and concentration of other contaminants remain
substantially below 50 percent of Alert levels, and meteorlogical
conditions are such that these specific contaminant concentrations can
be expected to remain at the above levels for 12 hours or more or increase
unless control action is taken, a Specific Alert, Warning, or Emergency
Status shall be declared by the Director, naming the contaminants that
meet the respective criteria. In such instances when two such
contaminants meet different criteria, the Director shall declare the
status for the episode having the higher level, and that an Episode Watch
is being maintained on the remaining contaminants.
2.3.3 Specific Locality Situation
The Director shall, when high concentrations 'of one or more contaminant
measured at one monitoring site and not others and the effect is judged
to originate from an identifiable source near the given site, shall
declare the appropriate local Alert, Warning, or Emergency Status for
the delineated area and that an Episode Watch is in effect for any
remaining portion of the jurisdictional area while meteorological
conditions favor the maintenance or increase of said high concentration
for at least 12 hours or more unless control action is taken.
(8.0) 2.4 Emission Reduction Plans
Upon declaring an Episode Watch, Alert, Warning, or Emergency, the
Director shall order persons responsible for the operation of a source
of air contaminants causing or contributing to such episode to take the
general measures outlined in the Emergency Episode Plan for the State
of Alabama (dated November 1971, prepared by TRW, Inc.) or revision
thereof, as he deems appropriate, in addition to all specific source
curtailments designated by him.
(8.0) 2.5 Two Contaminant Episode
The Director shall declare an Alert, Warning, or Emergency Status
specific for two contaminants when the ambient concentrations of two
contaminants simultaneously reach or exceed their respective Episode
Criteria of this Chapter and meteorological conditions are such that
contaminant concentrations can be expected to remain at those
criteria levels for 12 or more hours or increase unless control actions
are taken. When criteria levels correspond to different episode status
for two contaminants, the Director shall declare the status of the
higher of the two.
(8.0) 2.6 General Episodes
The Director shall, in the event that ambient concentrations of three
or more contaminants simultaneously reach or exceed their respective
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Episode Criteria and no improvement in meteorological conditions is
forecast for the next 12 hours, declare a General Alert, Warning, or
Emergency Status. In the event the criteria levels correspond to
different statuses for each contaminant, the Director shall declare
a general status corresponding to the highest individual status.
(8.0) 2.7 Emission Reduction Plan for Local Episodes
2.7.1 The Director shall specify the area of the State affected when a
Local Alert, Warning or Emergency Status is declared, or when an
Accidental Episode for Common contaminants occurs, based upon air quality
and meteorological reports and predictions.
2.7.2 When the Director declares such a local episode, any person
responsible for the operation from which excess emissions results,
shall shut down such an operation and make repairs or alter the process
as required by the Director to restore normal operations.
2.7.3 When the Director declares that a Local Alert, Warning, or
Emergency Status is in effect for a delineated area, corresponding
General Measures shall be applied as detailed in Part 2.2, depending
upon which contaminant(s) is/are being emitted in excess.
(8.0) 2.8 Emission Reduction Plans for Other Sources
2.8.1 Any person responsible for the operation of a source of air
contaminants as determined by the Director shall prepare standby plans
for reducing the emissions of air contaminants during periods of an
Episode Alert, Warning, and Emergency. Standby plans shall be designed
to reduce or eliminate emissions of air contaminants in accordance with
the objectives set forth in Part 2.2.
2.8.2 Any person responsible for the operation of a source of air
contaminants not designated by the Director shall when requested by the
Director in writing, prepare standby plans for reducing the emission of
air contaminants during periods of Episode Alert, Warning, and Emergency.
Standby plans shall be designed to reduce or eliminate emissions of
air contaminants in accordance with the objectives set forth in Part 2.2.
2.8.3 Standby plans as required under Section 2.8.1 shall be in writing
and identify the sources of air contaminants, the amount of reduction
of contaminants and a brief description of the manner in which reduction
will be achieved during Episodes of Alert, Warning, and Emergency.
2.8.4 During Episodes of Alert, Warning, and Emergency Status, standby
plans as required by this Chapter shall be made available on the premises
to any person authorized to enforce the provisions of applicable rules
and regulations.
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2.8.5 Standby plans as required by these rules and regulations shall
be submitted to the Director upon request within 30 days of the receipt
of such request; such standby plans shall be subject to review and
approval by the Director. If in the opinion of the Director, a standby
plan does not effectively carry out the objectives as set forth in
these rules and regulations, the Director may disapprove it, state the
reason for disapproval and order the preparation of an amended standby
plan within the time period specified in the order.
(8.0) 2.9 Other Authority Not Affected
The provisions of this Chapter shall in no way affect the power and
authority of the Governor, Chairman, or Director as it pertains to
Emergency Procedures as provided in Section 11 of the Act.
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(51.9) CHAPTER 3
(51.13)
CONTROL OF OPEN BURNING AND INCINERATION
(51.13) 3.1 Open Burning
No person shall ignite, cause to be ignited, permit to be ignited, or
maintain any open fire except as follows:
3.1.1 Open fires for the cooking of food for human consumption on other
than commercial premises;
3.1.2 Fires for recreational or ceremonial purposes;
3.1.3 Fires to abate a fire hazard, providing the hazard is so declared
by the fire department or fire district having jurisdiction;
3.1.4 Fires for prevention or control of disease or pests;
3.1.5 Fires for training personnel in the methods of fighting fires;
3.1.6 Fires for the disposal of dangerous materials, where there is no
practical alternate method of disposal, and burning is approved by the
Director;
3.1.7 Fires set for recognized agricultural, silviculture!, range and
wildlife management practices;
3.1.8 Fires set in salamanders or other devices used by construction or
other workers for heating purposes;
3.1.9. Fires for the burning of trees, brush, grass and other vegetable
matter in the clearing and maintenance of rights-of-way if such burning
is done by the air-curtain incinerator method, properly constructed
and maintained, or an equivalent method specifically approved by the
Director;
3.1.10 Open fires specifically or expressly approved by the Director.
(51.9) 3.2 Incinerators
3.2.1 Incinerators shall be designed and operated in such manner as is
necessary to prevent the emission of objectionable odors.
3.2.2 No person shall cause or permit to be emitted into the open air
from any incinerator, particulate matter in the exhaust gases to
exceed 0.20 pounds per 100 pounds of refuse charged.
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3.2.3 Emission tests shall be conducted at maximum burning capacity
of the incinerator.
3.2.4 The burning capacity of an incinerator shall be the manufacturer's
or designer's guaranteed maximum rate or such other rate as may be
determined by the Director in accordance with good engineering practices.
In case of conflict, the determination made by the Director shall
govern.
3.2.5 For the purposes of this Part, the total of the capacities of all
furnaces within one system shall be considered as the incinerator capacity.
(51.9) 3.3 Wood Products and By-products Incineration
3.3.1 No person shall cause or permit to be emitted into the open air
from any incinerator which incinerates wood products and by-products,
particulate matter in the exhaust gases to exceed 0.40 pounds per 100
pounds of material charged.
3.3.2 Emission tests shall be conducted at maximum burning capacity of
the incinerator.
3.3.3 The burning capacity of an incinerator shall be the manufacturer's
or designer's guaranteed maximum rate or such other rate as may be
determined by the Director in accordance with good engineering practices.
In case of conflict, the determination made by the Director shall
govern.
3.3.4 For the purposes of this Part, the total of the capacities of all
furnaces within one system shall be considered as the incinerator
capacity.
3.3.5 Each incinerator subject to this Part shall be properly designed,
equipped, and maintained for its maximum rated burning capacity and shall
be equipped with an underfire forced air system, an overfire air
recirculation secondary combustion system, and variable control damper,
all of which shall be electronically controlled to insure the optimum
temperature range for the complete combustion of the amount and type
of material waste being charged into the incinerator. Each such
incinerator shall be equipped with a temperature recorder which shall
be operated continuously with the incinerator and the temperature .
records shall be made available for inspection at the request of the
Director.
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(50.1) CHAPTER4
CONTROL OF PARTICIPATE EMISSIONS
(50.1.2)4J_ Visible Emissions
4.1.1 Visible Emissions Restriction for Stationary Sources
(a) No person shall discharge into the atmosphere from any single
source of emission whatsoever any air contaminant of a shade or
density darker than that designated as No. 1 on the Ringelmann
chart or 20 percent opacity.
(b) A person may discharge into the atmosphere from any single
source of emission for a period or periods aggregating not
more than three minutes in any 60 minutes air contaminants
of a shade of density not darker than that designated as
No. 3 on the Ringelmann chart or 60 percent opacity.
(c) The Director may approve exceptions to this Section for specific
sources which hold permits under Part 1.12; provided however,
such exceptions may be made for startup, shutdown, load
change, and rate change or other short, intermittent periods
of time upon terms approved by the Director and made a part of
such permit.
(d) The provisions of this Section shall not apply to combustion
sources in single-family and duplex dwellings where such
sources are used for heating or other domestic purposes.
4.1.2 Visible Emissions Restrictions for Mobile Sources
(a) No person shall cause or permit the emission of visible air
contaminants from gasoline-powered motor vehicles, operated
upon any street, highway, or other public place, for longer
than 5 consecutive seconds.
(b) No person shall cause or permit the emission of visible air
contaminants from diesel-powered motor vehicles and other
movable sources of a shade or density darker than that desig-
nated as No. 1 on the Ringelmann chart or 20 percent opacity
for longer than 5 consecutive seconds.
4.1.3 Uncombined Hater
Where the presence of uncombined water is the only reason for failure
of an emission to meet the requirements of this Part, such sections
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shall not apply.
(50.1) 4.2 Fugitive Dust
4.2.1 No person shall cause, suffer, allow, or permit any materials
to be handled, transported, or stored; or a building, its appurtenances,
or a road to be used, constructed, altered, repaired or demolished
without taking reasonable precautions to prevent particulate matter
from becoming airborne. Such reasonable precautions shall include,
but not be limited to, the following:
(a) Use, where possible, of water or chemicals for control of dust
in the demolition of existing buildings or structures, construc-
tion operations, the grading of roads or the clearing of land;
(b) Application of asphalt, oil, water, or suitable chemicals on
dirt roads, materials stock piles, and other surfaces which
create airborne dust problems;
(c) Installation and use of hoods, fans, and fabric filters
(or other suitable control devices) to enclose and vent the
handling of dusty materials. Adequate containment methods
shall be employed during sandblasting or other similar
operations.
4.2.2 Visible Emissions Restrictions Beyond Lot Line
No person shall cause or permit the discharge of visible fugitive
dust emissions beyond the lot line of the property on which the emissions
originate.
4.2.3 When dust, fumes, gases, mist, odorous matter, vapors, or any
combination thereof escape from a building or equipment in such a
manner and amount as to cause a nuisance or to violate any rule or
regulation, the Director may order that the building or equipment in
which processing, handling and storage are done be tightly closed and
ventilated in such a way that all air and gases and air or gas-borne
material leaving the building or equipment are treated by removal or
destruction of air contaminants before discharge to the open air.
(51.5) 4.3 Fuel Burning Equipment
4.3.1 Class 1 Counties: No person shall cause or permit the emission
of particulate matter from fuel-burning equipment in a Class 1 county
in excess of the amount shown in Table 4-1 for the heat input allocated
to such source. For sources in Class 1 counties, interpolation of the
data in Table 4-1 for heat input values between 10 million BTU/hr and
250 million BTU/hr shall be accomplished by the use of the equation:
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E = 1.38H-0-44
where: E = Emissions in "Ib/miTHon BTU
H = Heat Input in millions of BTU/hr
4.3.2 Class 2 Counties
No person shall cause or permit the emission of particulate matter
from fuel-burning equipment in a Class 2 county in excess of the amount
shown in Table 4-1 for the heat input allocated to such source. For
sources in Class 2 counties, interpolation of the data in Table 4-1 for
heat input values between 10 million BTU/hr and 250 million BTU/hr
shall be accomplished by the use of the equation:
E = 3.109H-0-589
where: E = Emissions in 1 fa/million BTU
H = Heat Input in millions of BTU/hr
4.3.3 For purposes of this Part, the total heat input from all similar
fuel combustion units which discharge particulate matter through a
common stack at a plant or premises shall be used for determining the
maximum allowable emission of particulate matter.
4.3.4 New fuel-burning sources emitting particulate matter shall be
subject to the rules and regulations for Class 1 Counties, Section
4.3.1, regardless of their location
TABLE 4-1 ALLOWABLE PARTICULATE MATTER
EMISSION BASED ON HEAT INPUT
Heat Input Allowable Emission (Ib/million BTU)
(millions of BTU/hr) Class 1 County Class 2 County
1. .5 .8
10. .5 .8
20. .37 .53
40. .27 .35
60. .23 .28
80. .20 .24
100. .18 .21
150. .15 .16
200. .13 .14
250. .12 .12
1,000,000. .12 .12
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(50.1.1) 4.4 Process Industries - General
4.4.1 Class 1 Counties
No person shall cause or permit the emission of particulate matter in any
one hour from any source in a Class 1 county in excess of the amount
shown in Table 4-2 for the process weight per hour allocated to such
source. For sources in Class 1 counties, interpolation of the data
in Table 4-2 for the process weight per hour values up to 60,000 Ibs/hr
shall be accomplished by use of the equation:
E = 17.31 P0-16 p^> 30 tons/nr
where: E = Emissions in pounds per hour
P = Process weight per hour in tons per hour.
4.4.2 Class 2 Counties
No person shall cause or permit the emission of particulate matter in
any one hour from any source in a Class 2 county in excess of the
amount shown in Table 4-2 for the process weight per hour allocated to
such source. For sources in Class 2 counties interpolation of the data
in Table 4-2 for the process weight per hour values up to 60,000 Ibs/hr
shall- be accomplished by use of the equation:
E = 4.10 P0-67 P<£30 tons/hr
and interpolation and exterpolation of the data for process weight per
hour values equal to or in excess of 60,000 Ibs/hr shall be accomplished
by use of the equation:
E = 55.0 pO. 11-40 P>30 tons/hr
where: E = Emissions in pounds per hour
P = Process weight per hour in tons per hour
4.4.3 Where the nature of any process or operation or the design of
any equipment is such as to permit more than one interpretation of this
Part, the interpretation that results in the minimum value for allowable
emission shall apply.
4.4.4 For purposes of this Part, the total process weight from all
similar process units at a plant or premises shall be used for determ-
ining the maximum allowable emission of particulate matter that passes
through a stack or stacks.
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4.4.5 New sources subject to this Part emitting particulate matter
shall be subject to the rules and regulations for Class 1 counties,
Section 4.4.1, regardless of their location.
TABLE 4-2 ALLOWABLE PARTICIPATE MATTER EMISSION BASED ON
PROCESS WEIGHT RATE
Process Weight Rate Allowable Emission Rate (Ib/hr)
(Ib/hr) Class 1 County Class 2 County
100 0.56 0.55
500 1.52 1.62
1,000 2.34 2.57
5,000 6.33 7.57
10,000 9.76 12.05
20,000 14.97 19.18
60,000 29.83 39.96
80,000 31.23 42.53
120,000 33.33 46.30
160,000 34.90 49.06
200,000 36.17 51.28
1,000,000 46.79 68.96
(50.1.1) 4.5 Small Foundry Cupola
4.5.1 No person shall cause or permit the emission of particulate
matter in any one hour from any small foundry cupola source in excess
of the amount shown in Table 4-3 for the process weight per hour
allocated to such source.
4.5.2 Where the nature of any process or operation or the design of any
equipment is such as to permit more than one interpretation of this
Part, the interpretation that results in the minimum value for allowable
emission shall apply.
4.5.3 For purposes of this Part, the total process weight from all
similar process units at a plant or premises shall be used for determin-
ing the maximum allowable emission of particulate matter that passes
through a stack or stacks.
4.5.4 Foundry cupolas with a process weight rate greater than 50,000
pounds per hour shall be subject to the rules and regulations of Part 4.4.
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TABLE 4-3 ALLOWABLE PARTICULATE MATTER EMISSION BASED
ON PROCESS WEIGHT RATE FOR SMALL FOUNDRY CUPOLAS
Process Weight Allowable Emission Rate
(Ib/hr) (Ib/hr)
1,000 3.05
2,000 4.70
3,000 6.35
4,000 8.00
5,000 9.58
6,000 11.30
7,000 12.90
8,000 14.30
9,000 15.50
10,000 16.65
12,000 18.70
16,000 21.60
18,000 23.40
20,000 25.10
30,000 31.30
40,000 37.00
50,000 42.40
(51.1) 4.6 Cotton Gins
4.6.1 No person shall cause or permit the emission of participate matter
in any one hour from any cotton gin operation in excess of the amount
shown in Table 4-4 for the process weight per hour allocated to such
operation. Particulate matter emissions subject to this Part include
process emissions and incinerator emissions if any; provided, however,
that this shall in no way relieve or affect the application of Chapter
3 to open burning and incineration at cotton gin operations.
4.6.2 Where the nature of any process or operation or the design of
any equipment is such as to permit more than one interpretation of this
Part, the interpretation that results in the minimum value for
allowable emission shall apply.
4.6.3 For purposes of this Part, the total process weight from all
similar process units at a plant or premises shall be used for determin-
ing the maximum allowable emission of particulate matter that passes
through a stack or stacks.
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TABLE 4-4 ALLOWABLE PARTICULATE MATTER EMISSION BASED
ON PROCESS WEIGHT RATE FOR COTTON GINS
Process Weight
Rate (Ib/hr)
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
(51.2) 4.9 Coke Ovens
Allowable
Emission Rate (Ib/hr)
1.6
2.4
3.1
3.0
4.7
5.4
6.2
7.7
9.2
10.7
12.2
REGULATIONS FOR COKE OVEN BATTERIES
Process Weight Allowable Emission
Rate (Ib/hr) Rate (Ib/hr)
9,000
10,000
12,000
14,000
16,000
18,000
20,000
30,000
40,000
50,000
60,000 or more
13.7
15.2
18.2
21.2
24.2
27.2
30.1
44.9
59.7
64.0
67.4
4.9.1 Applicability
The provisions of this Part shall apply to the production of coke in
existing conventional slot-oven coke batteries with the exception of
Section 4.9.10 which applied to new batteries.
4.9.2 Unloading and Transfer of Coal and Coke. Every person operating
coke ovens shall apply all reasonable measures to prevent emissions
from coal unloading, transfer, and coke transfer.
4.9.3 Charging
There shall be no visible emissions during the charging cycle from the
charging holes or the larry car of any battery with an opacity which is
greater than twenty percent (20%) (equivalent to Ringelmann No. 1) except
for an average period or periods not to exceed three (3) minutes of
any consecutive sixty (60) minutes on batteries with less than seventy
(70) ovens nor more than four (4) minutes of any consecutive sixty
(60) minutes on batteries with seventy (70) ovens or more.
4.9.5 Topside Emissions
(a) Any leak discovered on the topside of a battery shall be wet
sealed or the oven shall not be recharged until the necessary
repairs are made.
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(b) At no time shall there be leaks in more than ten percent (10%)
of the offtake piping and no more than five percent (5%) of
the charging hole lids on any one battery.
4.9.6 Coke Oven Doors
(a) There shall be no visible emissions except non-smoking flame,
from any opening on the coke oven doors from more than fifteen
percent (15%) of the coke oven doors on any battery at any
time.
(b) If a self-sealing door fails to seal during the coking cycle,
it shall be adjusted, repaired, or replaced prior to a
subsequent charge of oven.
(c) Luted doors which fail to seal after the oven is charged shall
be reluted promptly.
(d) Every person operating coke ovens shall have a facility to
maintain and repair coke oven doors, and shall maintain an
inventory of one (1) coke oven door per twelve (12) ovens
operated.
4.9.7 Oven Maintenance
(a) All ovens shall be maintained in good condition to promote
complete coking of coal.
(b) All coke oven cracks are to be sealed as soon as practicable
after they are detected.
(c) As directed by the Director, reasonable records of the
maintenance of oven doors, oven burners, and oven interiors
are to be made and retained for a reasonable time.
4.9.8 Combustion Stacks
There shall be no visible emissions, other than water mist or vapor,
of a shade or density darker than that designated as No. 1 on the
Ringelmann chart or 20% opacity from any stack except for a period or
periods aggregating not more than three minutes in any consecutive
60 minutes.
4.9.9 Quenching
(a) No person shall operate a coke oven plant without baffles
installed and properly operating in the quench towers.
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(b) Water introduced to the quenching station must be of a quality
approved by the Director.
4.9.10 Notwithstanding the specific limits set forth in this Part, in
order to maintain the lowest possible emission of air contaminants,
the highest and best practicable treatment and control for particulate
matter currently available shall be provided for any new coke producing
facilities.
(51.17) 4.10 Primary Aluminum Plants
4.10.1 Applicability
This part applies to existing primary aluminum plants which will or do
operate for the purpose of or related to producing aluminum metal
from aluminum oxide (alumina).
4.10.2 Emission Limits
The emission of particulate matter to the atmosphere from the baking of
carbon anodes and from the reduction process, potlines of any primary
aluminum reduction plant shall not exceed 22 pounds per ton of aluminum
produced on a daily basis.
4.10.3 Compliance
Each primary aluminum plant shall be in compliance with the provisions
of this part at the earliest possible date but not later than May 31,
1975. Nothing in this part shall negate the requirement for obtaining
permits or submitting compliance schedules are required by these rules
and regulations.
(51.3) 4.11 Cement Plants
4.11.1 Applicability
This part applies to existing cement plants that have a process weight
that is greater than 88.7 tons per hour; this part also applies to
new cement plants and specifically exempts new cement plants from
Section 4.4.5.
4.11.2 Emission Limits
(a) No owner or operator shall cause,'permit, or allow the emissions
of particulate matter from the kiln which is in excess of
0.30 Ibs. per ton of feed to the kiln, maximum two-hour average.
(b) No owner or operator shall cause, permit, or allow the
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emissions of participate matter from the clinker cooler which
is in excess of 0.10 Ibs. per ton of feed to the kiln, maximum
two-hour average.
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(50.2) CHAPTER 5
CONTROL OF SULFUR COMPOUND EMISSIONS
(51.6) 5.1 Fuel Combustion
5.1.1
(a) Priority Classification I Regions and Jefferson County.
No person shall cause or permit the operation of a fuel
burning installation in a Sulfur Dioxide Priority Classification
I Air Quality Control Region or in Jefferson County in such a
manner that sulfur oxides, measured as sulfur dioxide, are
emitted in excess of 1.8 pounds per million BTU heat input.
(The old standard of 1.2 pounds per million BTU heat input
remains in effect for the Widows Creek Power Plant in Jackson
County.)
(b) Priority Classification II and III Regions - No person shall
cause or permit the operation of a fuel burning installation
in a Sulfur Dioxide Priority Classification II or III Air
Quality Control Region in such a manner that sulfur oxides,
measured as sulfur dioxide, are emitted in excess of 4.0 pounds
per million BTU heat input.
5.1.2 Air Quality Demonstration
In addition to the requirements of Section 5.1.1, every owner or operator
of a fuel burning installation having a total rated capacity greater
than 1500 million BTU per hour shall:
(a) Demonstrate, to the satisfaction of the Director, that the
sulfur oxides emitted, either alone or in contribution to
other sources, will not interfere, with attainment and mainten-
ance of any primary or secondary ambient air quality standard
prescribed at Part 1.6.
(b) Demonstrate, to the satisfaction of the Director, that in
meeting the emission limitations of Section 5.1.1, the
installation will not increase emissions to the extent that
resulting air quality concentrations will be greater than:
(1) those concentrations (either measured or calculated) which
existed in 1970; or
(2) those concentrations (either measured or calculated)
which existed during the first year of operation of any
installation which began operating after January 1, 1970.
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(c) Upon the direction of the Director, install and maintain air
quality sensors to monitor attainment and maintenance of
ambient air quality standards in the areas influenced by the
emissions from such installation. Results of such monitoring
shall be provided to the Director in a manner and form as he
shall direct.
5.1.3 For purposes of this Part, the total heat input from all similar
fuel combustion units at a plant, premises, or installation shall be
used for determining the maximum allowable emission of sulfur dioxide
that passes through a stack or stacks.
5.1.4 All calculations performed pursuant to demonstrations required
by Section 5.1.2, shall assume that the fuel burning installation is
operating at or above the maximum capacity which such installation is
capable of being operated.
Cherokee
Etowah
Calhoun
Cleburne
Talladega
Clay
Randolph
Coosa
Tallapoosa
Chambers
El mo re
Lee
PRIORITY I
Mobile
Baldwin
Escambia
Lauderdale
Limestone
Madison
Jackson
Colbert
Lawrence
Morgan
Marshall
DeKalb
Franklin
Marion
Cull man
PRIORITY III
Autauga
Perry
Dallas
Marengo
Choctaw
Mil cox
Clarke
Washington
Monroe
Conecuh
Lowndes
Montgomery
PRIORITY II
Lamar
Pickens
Sumter
Fayette
Tuscaloosa
Hale
Walker
Bibb
Blount
Jefferson
St. Clair
Shelby
Chi!ton
Greene
Macon
Russell
Bullock
Butler
Crenshaw
Pike
Barbour
Covington
Coffee
Dale
Henry
Geneva
Houston
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(51.18)U. Sulfuric Acid Plants
5.2.1 Applicability
This section applies to existing sulfuric acid plants operating as of
January 18, 1972.
(a) No person shall cause or permit sulfur dioxide tail gas
emissions from sulfuric acid manufacturing plants to
exceed 27 Ibs. per ton of 100 percent sulfuric acid produced;
provided however, that no sulfuric acid manufacturing plant
emitting less than 27 Ibs. per ton of 100 percent sulfuric
acid produced shall be allowed to increase its emission rate.
(b) No person shall cause or permit tail gas acid mist emissions
to exceed 0.5 Ibs. per ton of sulfuric acid produced, and
the sulfur trioxide emissions are not to exceed 0.2 Ibs. per
ton of sulfuric acid produced.
5.2.2 Applicability
This section applies to all sulfuric acid plants not included in
Section 5.2.1.
(a) No person shall cause or permit the discharge into the
atmosphere of sulfur dioxide in excess of 4 Ibs. per ton
of sulfuric acid produced, maximum two-hour average.
(b) No person shall cause or permit the discharge into the
atmosphere of acid mist which is in excess of 0.15 Ibs. per
ton of acid produced maximum two-hour average, expressed as
H2S04.
5.2.3 There shall be installed, calibrated, maintained, and operated
in any sulfuric acid production unit subject to the provisions of this
Part, an instrument for continuously monitoring and recording emissions
of sulfur dioxide.
5.2.4 Any instrument and sampling system installed and used pursuant
to this Part shall be subject to the approval of the Director.
(51.15) 5.3 Petroleum Production
5.3.1 Applicability
This regulation applies to facilities that handle natural gas or refinery
gas that contains more than 0.10 grains of hydrogen sulfide per standard
cubic foot (SCF).
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5.3.2 No person shall cause or permit the emission of a process gas
stream containing more than 0.10 grains of hydrogen sulfide per SCF
into the atmosphere unless it is properly burned to maintain the ground
level concentrations of hydrogen sulfide to less than 20 parts per
billion beyond plant property limits, averaged over a 30-minute period.
5.3.3 No person shall cause or permit the sulfur oxide emission from
any facility designed to dispose of or process natural gas or refinery
gas containing more than 0.10 grains hydrogen sulfide per standard
cubic foot to exceed the following:
CATEGORY I COUNTIES
Available Sulfur
(Long Tons/Day)
Up to 5
5 to 35
35 to 75
Over 75
Available Sulfur
(Long Tons/Day)
Up to 10
10 to 50
50 to 100
Over 100
Permitted Emissions
of Sulfur Dioxide
No Limit
373 Ibs/hour
0.10 Ibs. S0,/lb.
0.08 Ibs. S
S processed
S processed
CATEGORY II COUNTIES
Permitted Emissions
of Sulfur Dioxide
No Limit
560 Ibs/hour
0.10 Ibs.
0.08 Ibs.
S09/lb.
S processed
S processed
The allowable emissions of sulfur dioxide are increased as follows to
allow for dry acid gas streams containing less than 60 percent hydrogen
sulfide:
Mol Percent of
Hydrogen Sulfide
in Dry Acid Gas
50% but less than 60%
40% but less than 50%
30% but less than 40%
20% but less than 30%
Less than 20%
Additional S0?
Emissions Allowed
.02 Ibs. S09/lb.
.04 Ibs.
.06 Ibs.
.10 Ibs.
SO'lb.
S processed
S processed
S processed
S processed
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5.3.4(a) For purposes of this Part, the following counties are classi-
fied as Category I Counties: Jackson, Jefferson, and Mobile.
5.3.4(b) For purposes of this Part, those counties not listed in
paragraph 5.3.4(a) are classified as Category II Counties.
5.3.5 Compliance with this Part shall be determined by both material
balances and stack sampling. New plants are required either to install
monitors to continuously determine the sulfur oxide emissions in terms
of mass per unit of time or to determine the sulfur oxide emissions
by other means approved by the Director.
5.3.6 In calculating the ground level concentration that results from
short-term waste gas or emergency flaring, it shall be assumed that
only 75 percent of the heat of combustion is used to heat the products
of combustion.
5.3.7 Air Quality Demonstration
In addition to the requirements of Section 5.3.3, every owner or operator
of a facility covered by Rule 5.3 shall demonstrate, to the satisfaction
of the Director, that the sulfur oxides emitted, either alone or in
conjunction with other sources, will not interfere with attainment and
maintenance of any primary or secondary ambient air quality standard.
5.3.8 To insure that ambient air quality standards are met, an annual
review of Sulfur Dioxide Category I and II Counties will be made by
the staff. Initial Sulfur Dioxide Category Classifications and any
subsequent changes to Sulfur Dioxide Category Classifications will be
the subject of a public hearing.
(5T.21) 5.5 Process Industries - General
5.5.1 Applicability
This part applies to facilities not regulated by Parts 5.1, 5.2, 5.3,
and 5.4.
5.5.2 No person shall construct and operate a new or modified sulfur
compound emission source that does not meet any and all applicable
New Source Performance Standards and utilize the best available control
technology, with consideration to the technical practicability and
economic reasonableness of reducing or eliminating the emissions from
the facility.
5.5.3 No person shall construct and operate a new or modified emission
source that will cause or contribute to a condition such that either
the primary or the secondary sulfur dioxide ambient air quality standards
are exceeded in the area.
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(50.4) CHAPTER 6
CONTROL OF HYDROCARBON EMISSIONS
(51.16) 6.1 Storage of Volatile Organic Materials
6.1.1 No person shall place, store, or hold in any stationary tank
reservoir or other container of more than 60,000 gallons capacity any
volatile organic compounds unless such tank, reservoir, or other
container is a pressure tank capable of maintaining working pressures
sufficient at all times to prevent vapor or gas loss to the atmosphere or
is designed, and equipped with one of the following vapor loss control
devices:
(a) A floating roof, consisting of a pontoon type, double deck type
roof or internal floating cover, 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.
This control equipment shall not be permitted if the volatile
organic compounds have a vapor pressure of 11.0 pounds per
square inch absolute (568 mm.Hg) or greater under actual storage
conditions. All tank gauging or sampling devices shall be
gas-tight except when tank gauging or sampling is taking place.
(b) A vapor recovery system, consisting of a vapor gathering system
capable of collecting the volatile organic compound 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.
(c) Other equipment or means of equal efficiency for purposes of
air pollution control as may be approved by the Director.
(d) No person shall place, store, or hold in any new stationary
storage vessel more than 1,000-gallon capacity any volatile
organic compound unless such vessel is equipped with a permanent
submerged fill pipe or is a pressure tank as described in
paragraph (a) above, or is fitted with a system as described
in paragraph (b) above. Existing stationary storage vessels
shall employ portable submerged fill pipes or be equipped
with permanent submerged fill pipes.
6.1.2 This Part shall not apply to crude petroleum produced, separated,
treated or stored in the field.
(51.16) 6.2 Volatile Organic Materials Loading Facilities
6.2.1 No person shall load any volatile organic compounds into any tank,
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truck or trailer from any terminal or bulk storage facility handling
more than 50,000 gallons per day unless such terminal or facility
is equipped with a vapor collection and disposal system, or its equiva-
lent, properly installed, in good working order; and in operation a
loading system which will result in a 95 percent submerged fill either
with a submerged fill pipe or by loading from the bottom.
6.2.2 No person shall load any volatile organic compounds into any tank,
truck, or trailer having a capacity in excess of 200 gallons, unless
such loading facility is equipped as set forth in Paragraph 6.2.1. Where
the vapor collection and disposal system is utilized, the loading arm
shall be equipped with a vapor collection adaptor, pneumatic, hydraulic,
or other mechanical means which will provide a vapor-tight seal between
the adaptor and the hatch. A means shall be provided to prevent liquid
organic compounds drainage from the loading device when it is removed
from the hatch of any tank, truck or trailer. When loading is effected
through means other than the hatches, all loading lines shall be equipped
with fittings which make vapor-tight connections and which close
automatically when disconnected.
6.2.3 This Part shall not apply to crude petroleum produced, separated,
treated or stored in the field.
(51.16) 6.3 Volatile Organic Compound Water Separation
6.3.1 No person shall use any compartment of any single or multiple
compartment volatile organic compound water separation which receives
effluent water containing 1,000 gallons a day or more of any volatile
organic compound from processing, refining, treating, storing, or hand-
ling volatile organic compounds unless such compartment 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.
(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 be
equipped with a closure seal or 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.
(c) A container equipped with a vapor recovery system consisting of
a vapor gathering system capable of collecting the hydrocarbon
vapors and gases discharged and a vapor disposal system capable
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of processing such hydrocarbon vapors and gases so as to prevent
their emission to the atmosphere and with all container gauging
and sampling devices gas-tight except when gauging or sampling
is taking place.
(d) A container having other equipment of equal efficiency for
purposes of air pollution control as may be approved by the
Director.
(51.16) 6.4 Pumps and Compressors
All pumps and compressors handling volatile organic compounds shall have
mechanical seals or other equipment of equal efficiency for purposes of
air pollution control as may be approved by the Director.
(51.21)6.5. Waste Gas Disposal
No person shall emit a waste gas stream from any ethylene producing
plant into the atmosphere unless the waste gas stream is properly
burned at 1,300°F for .03 seconds or greater in a direct-flame
afterburner equipped with an indicating pyrometer which is positioned
in the working area at the operator's eye level or an equally effective
catalytic vapor incinerator also with pyrometer.
(50.4) 6.6 Organic Solvents
6.6.1 A person shall not discharge into the atmosphere more than
15 pounds of organic materials in any one day, nor more than 3 pounds
in any one hour, from any article, machine, equipment or other contrivance
in which any 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, unless said discharge has been reduced by
at least 85 percent. Those portions of any series of articles, machines,
equipment or other contrivances designed for processing a continuous
web, strip or wire which emit organic materials and using operations
described in this section shall be collectively subject to compliance
with this section.
6.6.2 A person shall not discharge into the atmosphere more than 40
pounds of organic materials in any one day, nor'more than 8 pounds in
any one hour, from any article, machine, equipment or other contrivance
used under conditions other than described in Section 6.6.1 for employing,
or applying, any photochemically reactive solvent, as defined in
Section 6.6.9, or material containing such photochemically reactive
solvent, unless said discharge has been reduced by at least 85 percent.
Emissions of organic materials into the atmosphere resulting from air
or heated drying of products for the first 12 hours after their removal
from any article, machine, equipment, or other contrivance described in
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this section shall be included in determining compliance with this
section. Emissions resulting from baking, heat-curing, or heat-
polymerizing as described in Section 6.6.1 shall be excluded from
determination of compliance with this section. Those portions of any
series of articles, machines, equipment or other contrivances designed
for processing a continuous web, strip or wire which emit organic
materials and using operations described in this section shall be
collectively subject to compliance with this section.
6.6.3 Emissions of organic materials to the atmosphere from the
cleanup with photochemically reactive solvents, as defined in Section
6.6.2 of any article, machine, equipment, or other contrivance described
in Sections 6.6.1 or 6.6.2, shall be included with the other emissions
of organic materials from that article, machines, equipment, or other
contrivance for determining compliance with this rule.
6.6.4 Emissions of organic materials into the atmosphere required to
be controlled by Sections 6.6.1 and 6.6.2, shall be reduced by:
(a) Incineration, provided that 90 percent or more of the carbon in
the organic material being incinerated is oxidized to carbon
dioxide, or
(b) Adsorption, or
(c) Processing in a manner determined by the Director to be not less
effective than paragraphs (a) or (b) above.
6.6.5 A person incinerating, adsorbing, or otherwise processing organic
materials pursuant to this Part shall provide, properly install, and
maintain in calibration, in good working order and in operation, devices
as specified in the permit to construct or the permit to operate, or as
specified by the Director, for indicating temperatures, pressures, rates
of flow, or other operating conditions necessary to determine the degree
and effectiveness of air pollution control.
6.6.6 Any person using organic solvents or any materials containing
organic solvents shall supply the Director, upon request and in the
manner and form prescribed by him, written evidence of the chemical
composition, physical properties, and amount consumed for each organic
solvent used.
6.6.7 The provisions of this Part shall not apply to:
(a) The manufacture of organic solvents, or the transport or storage
of organic solvents or materials containing organic solvents.
(b) Paint spray booth installations.
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(c) The employment, application, evaporation or drying of saturated
halogenated hydrocarbons or organic compounds in which all
olefinic groups contain 3 or more hydrogen atoms.
(d) The use of any material in any article, machine or equipment
described in Section 6.6.1, 6.6.2, or 6.6.3, if:
(1) The volatile content of such material consists only of
water and organic solvents, and
(2) The organic solvents comprise not more than 20 percent of
said volatile content, and
(3) The volatile content is not photochemically reactive as
defined in Section 6.6.9.
(e) Coatings applied to permanently located structures or surfaces.
6.6.8 For the purposes of this Part, organic solvents include diluents
and thinners and are defined as organic materials which are liquids at
standard conditions and which are used as dissolvers, viscosity reducers,
or cleaning agents.
6.6.9 For the purposes of this Part, a photochemically reactive solvent
is any solvent with an aggregate of more than 20 percent of its total
volume composed of the chemical compounds classified below or which
exceeds any of the following individual percentage composition limitations,
referred to the total volume of solvent:
(a) A combination of hydrocarbons, alcohols, adehydes, esters,
ethers, or ketones having an olefinic or cyclo-olefinic type
of unsaturation: 5 percent;
(b) A combination of aromatic compounds with eight or more carbon
atoms to the molecule except ethylbenzene: 8 percent;
(c) A combination of ethylebenzene, ketones having branched
hydrocarbon structures, or toluene: 20 percent.
Whenever any organic solvent or any constitutent 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.
6.6.10 For the purposes of this Part, organic materials are defined
as chemical compounds of carbon excluding carbon monoxide, carbon
dioxide, carbonic acid, etallic carbides, metallic carbonates, and
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ammonium carbonate.
(51.21) 6.7 Disposal and Evaporation of Solvents
A person shall not, during any one day, dispose of a total of more
than 1.5 gallons of any photochemically reactive solvent, as defined
in Section 6.6.9, or of any material containing more than 1.5 gallons
of any such photochemically reactive solvent by any means which will
permit the evaporation of such solvent into the atmosphere.
(2.0) 6.8 Application of Chapter
The provisions of Parts 6.4, 6.5, 6.6, and 6.7 shall only apply to Mobile
County.
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(50.5) CHAPTER 7
CONTROL OF CARBON MONOXIDE EMISSIONS
7.1 No person shall emit the carbon monoxide gases generated during the
operation of a grey iron cupola, blast furnace, or basic oxygen steel
furnace unless they are burned at 1,300°F for 0.3 seconds or greater
in a direct flame afterburner or equivalent device equipped with an
indicating pyrometer which is positioned in the working area at the
operator's eye level.
7.2 No person shall emit carbon monoxide waste gas stream from any
catalyst regeneration of a petroleum cracking system, petroleum fluid
coker, or other petroleum process into the atmosphere, unless the waste
stream is burned at 1,300°F for 0.3 seconds or greater in a direct-
flame afterburner or boiler equipped with an indicating pyrometer which
is positioned in the working area at the operator's eye level.
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(50.3) CHAPTERS
CONTROL OF NITROGEN OXIDES EMISSIONS
(51.7) 8.1 New Combustion Sources
8.1.1 No person shall cause or permit emissions of nitrogen oxides from
a new gas-fired boiler with a capacity of 250 million BTU/hr or more in
excess of 0.20 pounds per million BTU of heat input per hour.
No person shall cause or permit emissions of nitrogen oxides
new oil-fired boiler with a capacity of 250 million BTU/hr
8.1.2
I I U'll Q IIWI* Wit I 1 I W M kSWtlWI FI * Wl I M W VI f^MW I WJ V P b»*W 1111 I I I W I I W 1 W/ I t f
or more in excess of 0.30 pounds per million BTU of heat input per hour.
8.1.3 No person shall cause or permit emission of nitrogen oxides
from a new coal-fired boiler with a capacity of 250 million BTU per
hour or more in excess of 0.7 pounds per million BTU of heat input
per hour.
8.1.4 For purposes of this Part, the total heat input from all similar
fuel combustion units at a plant or premises shall be used for
determining the maximum allowable emission of nitrogen oxides that
passes through a stack or stacks.
(51.10) 8.2 Nitric Acid Manufacturing
No person shall cause or permit the emission of nitrogen oxides calcu-
lated as nitrogen dioxide, from nitric acid manufacturing plants in
excess of 5.5 pounds per ton of 100 percent acid produced.
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CLASS I COUNTIES
COUNTY
Autauge
Calhoun
Coffee
Colbert
Covington
Cull man
Dale
Etowah
Houston
Jackson
Jefferson
Lauderdale
Lee
Madison
Mobile
Montgomery
Morgan
Pike
Russell
St. Clair
Shelby
Talladega
Tuscaloosa
Walker
Justification
Urban Popu-
lation
Exceeded 50%
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Secondary Nation
Ambient Air Quality
Standard is Exceeded
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
% Urban
Population
(1)
53.6
64.1
58.0
58.1
56.6
62.3
72.1
64.9
68.4
50.0
68.2
78.6
82.1
82.8
58.7
56.7
55.7
53.2
74.0
Ambient Air
Qua! i ty
(2)
*
94
*
130
46
87
*
142
76
127
170
114
*
60
no
124
74
67
70
74
82
115
94
103
(1) % Urban Population As Defined By The U.S. Department of Commerce
Census Bureau for 1970.
(2) Air Quality Measured As Micrograms of Suspended Particulates Per
Cubic Meter of Ambient Air (ug/m3) in 1971. (National Ambient
Air Quality Secondary standard for particulate is 60 ug/mj annual
geometric mean)
* No Data
**
Three hour maximum values for sulfur dioxide are 0.993 ppm for
Jefferson County and 1.10 ppm for Mobile County (National Ambient
Air Quality Secondary standard for sulfur oxides is 0.5 ppm as a
maximum three-hour concentration not to be exceed more than once a
year).
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(10.0) CHAPTER 10
CONTROL OF COMPLEX SOURCES
(3.0) 10.1 Permit Required
10.1.1 Permit to Construct
Any person building, erecting, altering or replacing any complex
source of the sizes specified in Section 10.1.2 shall first obtain
authorization from the Director in the form of a Permit to Construct.
10.1.2 Sizes of Sources Required to Obtain Permit
(a) For parking facilities located in counties with a population
of greater than 200,000:
(1) New parking facilities with a capacity of greater than
1000 spaces.
(2) Modifications to existing parking facilities that will
increase capacity by 500 spaces or more.
(b) For parking facilities located in counties with a population of
less than 200,000:
(1) New parking facilities with a capacity of greater than
2000 spaces.
(2) Modifications to existing parking facilities that will
increase capacity by 1000 spaces or more.
(c) For other sources regardless of location:
(1) Any new roadway or modification to an existing roadway
whose projected traffic volume within 10 years of
completion will be greater than 2000 vehicles per hour.
(2) Any new airport that would be expected to have greater than
50,000 scheduled commercial landings per year and any
modifications to an existing airport that would be expected
to cause an increase of 50,000 scheduled commercial landings
per year.
10.1.3 Applications
Every application for a Permit to Construct required under this Chapter
shall be filed in the manner and form prescribed by the Director and shall
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give all the information necessary to enable the Director to make
the determination required by Section 10.1.4. This information shall
include but not be limited to:
(a) estimates of the nature and amount of emissions to be emitted
by associated mobile sources.
(b) the location, design, construction, operation and accessability
of such a facility.
10.1.4 Standards for Granting Applications
The Director shall deny a Permit to Construct where he determines that
the construction and operation of such source will interfere with
attaining or maintaining any primary or secondary standard established
by Section 1.6.1.
10.2 The issuance of a Permit to Construct shall not affect the
responsibility of the owner or operator to comply with applicable portions
of the control strategy.
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(10.0) CHAPTER 12
STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES
(2.0) 12.1 General
12.1.1 The Environmental Protection Agency Regulations on Standards
of Performance for New Stationary Sources (40 CFR, Part 60) designated
in Part 12.2 are incorporated by reference as they exist on the date of
adoption and promulgation by the Commission into these regulations
as amended by the word or phrase substitutions given in Part 12.3.
References for specific documents containing the complete text of subject
regulations are given in Appendix C.
12.1.2 In the event of any conflict between the regulations contained
in this chapter and regulations contained in other chapters, the regu-
lations of Chapter 12 will take precedence for standards of performance
for new stationary sources unless the existing regulations are more
stringent.
12.1.3 Definitions
For purposes of this chapter, the definitions listed in Section 60.2
Subpart A, Part 60, Title 40 of the Code of Federal Regulations will
apply.
(10.0) 12.2 Designated Standards of Performance
12.2.1 Subpart D - Fossil Fuel-Fired Steam Generators (units of more than
63 million kcal per hour heat input).
12.2.2 Subpart E - Incinerators (units of more than 50 tons per day
charging rate).
12.2.3 Subpart F - Portland Cement Plants (kiln, clinker cooler, raw
mill system, finish mill system, raw mill dryer, raw material storage,
clinker storage, finish product storage, conveyor transfer points,
bagging and bulk loading and unloading systems).
12.2.4 Subpart G - Nitric Acid Plants (nitric acid production units).
12.2-.5 Subpart H - Sulfuric Acid Plants (sulfuric acid production units).
12.2.6 Subpart I - Asphalt Concrete Plants (dryers, systems for screening,
handling, storing, and weighing hot aggregate; systems for loading,
transferring, and storing mineral filler; systems for mixing asphalt
concrete; and the loading, transfer and storage systems associated with
emission control systems).
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12.2.7 Subpart J - Petroleum Refineries (fluid catalytic cracking
unit catalyst regenerators, fluid catalytic cracking unit incinerator-
waste heat boilers and fuel gas combustion devices).
12.2.8 Subpart K - Storage Vessels for Petroleum Liquids (storage
vessels with a capacity greater than 40,000 gallons).
12.2.9 Subpart L - Secondary Lead Smelters (pot furnaces of more than
550 pounds charging capacity, blast (cupola) furnaces and reverberatory
furnaces).
12.2.10 Subpart M - Secondary Brass and Bronze Ingot Production Plants
(reverberatory and electric furnaces of 2,205 pounds or greater produc-
tion capacity and blast (cupola) furnaces of 550 pounds per hour or
greater production capacity).
12.2.11 Subpart N - Iron and Steel Plants (basic oxygen process furnace).
12.2.12 Subpart 0 - Sewage Treatment Plants (incinerators which burn the
sludge produced by municipal sewage treatment faci1ities).
12.2.13 Subpart P - Primary Copper Smelters (dryer, roaster, smelting
furnace, and copper converter).
12.2.14 Subpart Q - Primary Zinc Smelters (roaster and sintering machine)
12.2.15 Subpart R - Primary Lead Smelters (sintering machine, sintering
machine discharge end, blast furnace, dross reverberatory furnace,
electric smelting furnace, and converter).
12.2.16 Subpart S - Primary Aluminum Reduction Plants (potroom groups
and anode bake plants).
12.2.17 Subpart T - Wet Process Phosphoric Acid Plants (any combination
of reactors, filters, evaporators, and hotwells).
12.2.18 Subpart U - Super-phosphoric Acid Plants (any combination of
evaporators, hotwells, acid sumps, and cooling tanks).
12.2.19 Subpart V - Pi ammonium Phosphate Plants (any combination of
reactors, granulators, dryers, coolers, screens and mills).
12.2.20 Subpart W - Triple Superphosphate Plants - (any combination of
mixers, curing belts (dens), reactors, granulators, dryers, cookers,
screens, mills, and facilities which store run-of-pile triple super-
phosphate) .
12.2.21 Subpart X - Granular Triple Superphosphate Storage Facilities -
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(any combination of storage or curing piles, conveyors, elevators,
screens, and mills).
12.2.22 Subpart Y - Coal Preparation Plants (units which process more
than 200 tons per day: thermal dryers, pneumatic coal-cleaning equipment
(air tables), coal processing and conveying equipment (including breakers
and crushers), coal storage systems, and coal transfer and loading
systems).
12.2.23 Reserved
12.2.24 Subpart AA - Steel Plants (Electric arc furnaces and dust-
handling equipment).
(2.0) 12.3 Word or Phrase Substitutions
In all the standards designated in Part 12.2 substitute:
12.3.1 Director for Administrator
12.3.2 Commission for U. S. Environmental Protection Agency (except
in references).
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(9.0) CHAPTER 14
CONTINUOUS MONITORING
REQUIREMENTS FOR EXISTING SOURCES
(1.0) 14.1 Definitions
14.1.1 For the purposes of this Chapter, the following terms will have
the meanings ascribed in this part:
(a) "Emission standard" means a regulation (or portion thereof)
setting forth an allowable rate of emissions, level of opacity,
or prescribing equipment or fuel specifications that result
in control of air pollution emissions.
(b) "Capacity factor" means the ratio of the average load on a
machine or equipment for the period of time considered to be the
capacity rating of the machine or equipment.
(c) "Excess emissions" means emissions of an air pollutant in
excess of an emission standard.
(d) "Sulfuric acid plant" means any facility producing sulfuric
acid by the contact process by burning elemental sulfur,
alkylation acid, hydrogen sulfide, or acid sludge, but does
not include facilities where conversion to sulfuric acid is
utilized primarily as a means of preventing emissions to the
atmosphere of sulfur dioxide or other sulfur compounds.
(e) "Fossil fuel-fired steam generator" means a furnace or boiler
used in the process of burning fossil fuel for the primary
purpose of producing steam by heat transfer.
(9.0) 14.2 Emission Monitoring and Reporting Requirements
(13.0)
14.2.1 Sources in the following categories which initiated construction
prior to August 17, 1971, are subject to the requirements of this Chapter:
(a) Fossil fuel-fired steam generators
(b) Sulfuric acid plants
Sources in these categories which are constructed after August 17, 1971,
are subject to the emission monitoring requirements of Chapter 12.
This Chapter is intended to supplement existing regulations, and no
part thereof shall be construed to interfere with the enforcement of
other provisions of the Alabama Air Pollution Control Rules and Regula-
tions.
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14.2.2 The Director shall require the owner or operator of an emission
source listed in Section 14.2.1 to install, calibrate, operate, and
maintain all monitoring equipment necessary for continuously monitoring
the pollutants specified in Sections 14.2.3 and 14.2.4. The specific
source categories listed in Section 14.2.1 must complete the installation
and performance testing of monitoring equipment and begin monitoring
and recording within eighteen months from the date of the Environmental
Protection Agency's approval of these regulations. Within 6 months of
such approval, all affected sources must present a detailed plan for
complying with the requirements of this Chapter to the Director. The
Director shall condition written approval of such plan upon the requirement
that the plan will meet the minimum reporting requirements set forth
in Divisions 4 and 5 of Appendix P of 40 CFR 51. More stringent reporting
procedures may be required in the Director's discretion.
14.2.3 Fossil fuel-fired steam generators, as defined in this Chapter,
with an annual average capacity factor of greater than thirty percent,
as reported to the Federal Power Commission for calendar year 1974, or
as otherwise demonstrated to the Director by the owner or operator,
shall conform with the following monitoring requirements when such
facility is subject to an emission standard for the pollutant in question:
(a) A continuous monitoring system for the measurement of opacity
shall be installed, calibrated, maintained, and operated by
the owner or operator of any such steam generator of greater
than 250 million BTU per hour heat input except where:
(1) gaseous fuel is the only fuel burned, or
(2) oil or a mixture of gas and oil are the only fuels burned
and the source is able to comply with the applicable parti-
culate matter collection equipment, and where the source has
never been found, through any administrative or judicial
proceedings, to be in violation of any visible emission
standard of the applicable plan.
(b) A continuous monitoring system for the measurement of sulfur
dioxide shall be installed, calibrated, maintained, and operated
on any fossil fuel-fired steam generator of greater than 250
million BTU per hour heat input which has installed equipment
designed for the desulfurization of flue gas.
(c) A continuous monitoring system for the measurement of the
percent oxygen or carbon dioxide in stack gases shall be
installed, calibrated, operated, and maintained on fossil
fuel-fired steam generators where measurements of oxygen or
carbon dioxide in the flue gas are required to convert sulfur
dioxide continuous emission monitoring data, to units of the
emission standard in Chapter 5.
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14.2.4 Sulfuric acid plants, as defined in this Chapter, with greater
than 300 tons per day production capacity, the production being expressed
as TOO percent acid, shall install, calibrate, maintain, and operate a
continuous monitoring system for the measurement of sulfur dioxide for
each sulfuric acid producing facility within such plant.
14.2.5 All monitoring equipment specified in this Chapter shall meet
the performance specifications described in Appendix B of 40 CFR 60,
except that the Director may from time to time specify different data
averaging times and sampling intervals to permit accurate determinations
of compliance with specific Air Pollution Control Rules and Regulations.
The monitoring equipment shall also be installed, calibrated, operated,
and maintained in accordance with the procedures in Appendix B of 40 CFR
60 and the minimum specifications of Division 3 in Appendix P of 40 CFR
51.
(7.0) 14.3 Monitoring System Malfunction
14.3.1 Malfunctions of a monitoring system required in this Chapter
which last more than 48 hours must be reported as expeditiously as
possible to the Director in a written report. This report should
include statements as to the time the monitor malfunctioned, the nature
of the malfunction, the corrective action being taken, the estimated
repair time, and any other information needed to demonstrate to the
Director that the malfunction was unavoidable. The Director shall be
informed of the time at which the monitor again becomes operational.
14.3.2 The Director may temporarily exempt an owner or operator from
the monitoring and reporting requirements of this Chapter if it is
demonstrated to the Director's satisfaction that the malfunction was
unavoidable and is being repaired as expeditiously as possible.
(9.0) 14.4 Alternate Monitoring and Reporting Requirements
(13.0)
14.4.1 Alternative monitoring and reporting requirements may be
approved by the Director on a case-by-case basis, provided the following
statements and explanations are contained in a written request to the
Director:
(a) the basis or reason that alternative monitoring and reporting
requirements are desirable and necessary;
(b) a proposal of alternative monitoring and reporting requirements;
(c) any other information needed by the Director to make a
determination of the desirability of alternative requirements.
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14.4.2 Request for alternative monitoring and reporting requirements
may be made in certain situations, including, but not limited to, the
following:
(a) when installation of a continuous monitoring system or device
required by this Chapter would not provide accurate determina-
tions of emissions;
(b) when the affected facility is operated less than 30 days per
year;
(c) when effluents from two or more sources of significantly
different design and operating characteristics are combined
before release to the atmosphere or when the effluent from
one source is released to the atmosphere through more than
one point;
(d) when the Director determines that the requirements prescribed
by this Chapter would impose an extreme economic burden on the
source owner or operator. The determination of an extreme
economic burden shall be made on the basis of.whether meeting
the requirements prescribed by this Chapter would produce
serious hardship without equal or greater benefit to the
public;
(e) when the monitoring systems prescribed by this Chapter cannot
be installed due to physical limitations at the facility. The
determination of such limitations shall be made on the basis of
whether meeting the requirements prescribed by this Chapter
would necessitate significant reconstruction of the facility.
14.4.3 The Director may require the submission of additional information
as he deems appropriate to evaluate the request for alternative require-
ments. Upon making a determination that the source should be subject to
alternative monitoring and reporting requirements, the Director may
approve either the proposed alternative monitoring and reporting require-
ments or any other monitoring and reporting requirements that he deems
appropriate and feasible.
(2.0) 14.5 Exemptions and Extensions
14.5.1 The Director may exempt any source from the requirements of this
Chapter if such source is scheduled for permanent shut down by October 6,
1980, provided that adequate evidence and guarantees are provided to
clearly show that the source will cease operations prior to such date.
14.5.2 The Director may grant reasonable extensions of the time provided
for installation of monitors for facilities unable to meet the prescribed
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18-month time frame, provided that the owner or operator of such facility
demonstrates that good faith efforts have been made to obtain and install
such devices within the prescribed timeframe.
14.5.3 If, prior to September 11, 1974, an affected source purchased
an emission monitor which does not conform to the requirements of
Appendix B of 40 CFR 60, then the source may be granted a five-year
period from the date of the Environmental Protection Agency's approval
of this revision, during which time the monitor installed on that
source is exempt from applicable performance specifications.
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AIR POLLUTION CONTROL RULES AND REGULATIONS
CITY OF HUNTSVILLE
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(2.0) CHAPTER 1
GENERAL PROVISIONS
(2.0) 1.1 Declaration of Policy and Purpose
1.1.1 It is hereby declared to be the public policy of the City of
Huntsville and the purpose of these regulations to achieve and maintain
for the City of Huntsville and police jurisdiction such levels of
air quality as will protect human health and safety, and to the greatest
degree practicable, prevent injury to plant and animal life and property,
foster the comfort and convenience of the people, promote the social
development of the City of Huntsville and facilitate the enjoyment
of the natural attractions of this city.
1.1.2 To these ends it is the purpose of these regulations to provide
for a coordinated program of air pollution prevention, abatement and
control within the City of Huntsville and its police jurisdiction;
to facilitate cooperation with the Alabama Air Pollution Control
Commission and to provide a framework consistent with Act 769, Alabama
Legislature, Regular Session 1971, within which all values may be
balanced in the public interest.
(2.0) 1.2 Structure and Numbering of Rules and Regulations
1.2.1 Title and Scope
The provisions contained in these rules and regulations shall be known
and may be cited as the City of Huntsville Air Pollution Control Rules
and Regulations, and shall apply to all activities and all persons in
Huntsville, Alabama city limits and police jurisdiction.
1.2.2 Chapters
The normal division of these rules and regulations are chapters, which
should encompass a broad subject matter. Chapters are numbered
consecutively in Arabic throughout the rules and reguations.
1.2.3 Parts
The normal division of chapters is parts. A part should be devoted
to a specific subject matter within a chapter. Parts are numbered
consecutively in Arabic throughout each chapter and shall include the
number of the chapter set off by a decimal point. Thus, the part
number for part 15 within Chapter 3 is 3.15.
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1.2.4 Sections
The normal divisions of parts are sections. The section is the basic
unit of these rules and regulations. Sections are numbered consecutively
in Arabic throughout each part and shall include the numbers of the part
set off by a decimal point. Thus, the section number for Section 26
of Part 3.15 is 3.15.26.
1.2.5 Internal Division of Sections
Whenever internal divisions are necessary, sections shall be subdivided
into paragraphs, paragraphs into subparagraphs, and subparagraphs into
subdivisions, designated as follows:
Terminology: ' Illustrative Symbol:
Paragraph (a)
Subparagraph (1)
Subdivision (i)
1.2.6 Promulgation Procedure
All requirements and provisions subject to inclusion in these rules
and regulations shall be drafted as amendments to the Huntsville Air
Pollution Control Rules and Regulations and prepared in accordance
with the provisions of this part and with, insofar as it applies and
does not conflict with this part, the provisions of Part 17 of Title 1
of the Code of Federal Regulations, or Alabama Air Pollution Control
Act of 1971, as the same may be amended or revised.
(1.0) 1.3 Definitions
As used in these rules and regulations, terms shall have the meanings
ascribed in this part.
1.3.1 "Act" shall mean the Alabama Air Pollution Control Act of 1971,
Act No. 769, Regular Session, 1971.
1.3.2 "Air Contaminant" shall mean any solid, liquid, or gaseous
matter, any odor, or any combination thereof, from whatever source.
1.3.3 "Air Pollution" shall mean the presence in the outdoor atmosphere
of one or more air contaminants in such quantities and duration as are,
or tend to be, injurious to human health or welfare, animal or plant
life, or property, or would interfere with the enjoyment of life or
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property throughout the city and in such territories of the city as
shall be affected thereby.
1.3.4 "APC" shall mean air pollution control.
1.3.5 "Air Pollution Control Of f icer" shall mean the Air Pollution
Control Officer of the Air Pollution Control Department of the City of
Huntsville, or in his absence, the Assistant Air Pollution Control
Officer of the Department of Air Pollution Control.
1.3.6 "Air Pollution Emergency" shall mean a situation in which
meteorological conditions and/or contaminant levels in the ambient
air reach or exceed the levels which may cause imminent and substantial
endangerment to health.
1.3.7 "Board" shall mean the City of Huntsville Air Pollution Control
Board.
1.3.8 "Chairman" shall mean the Chairman of the City of Huntsvilie
Air Pollution Control Board or in his absence, the Vice Chairman of
the Air Pollution Control Board.
1.3.9 "Commenced" shall mean that an owner or operator has undertaken
a continuous program of construction or modification or that an owner
or operator has entered into a binding agreement or contractual obli-
gation to undertake and complete, within a reasonable time, a continuous
program of construction or modification.
1.3.10 "Commission" shall mean the "Air Pollution Control Commission
of the State of Alabama" established by the Act.
1.3.11 "Construction" shall mean fabrication, erection, or installation
of an affected facility.
1.3.12 "Control" shall mean any device which has the function of
controlling the emissions from a process, fuel-burning, or refuse-
burning device and thus reduces the creation of, or the emission of
air contaminants into the atmosphere, or both.
1.3.13 "Control Strategy" shall mean a collection of various emission
standards selected for the different categories of sources.
1.3.14 "Control Regulation" shall mean a legally enforceable emission
control strategy.
1.3.15 "City" shall mean the City of Huntsville, Alabama, and its
police jurisdiction.
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1.3.16 "Effluent Water Separator" shall mean any tank, box, sump, or
other container in which any volatile organic 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.
1.3.17 "Existing Source" shall mean any source in operation or on which
construction has commenced on the date of initial adoption of an
applicable rule or regulation; except that any existing source which has
undergone modification after the date of initial adoption of an
applicable rule or regulation, shall be reclassified and considered
a new source.
1.3.18 "Emission" shall mean a release into the outdoor atmosphere
of air contaminants.
1.3.19 "Employee" shall mean any employee of the City of Huntsville
Air Pollution Control Department.
1.3.20 "Federal Act" shall mean the Clean Air Act (42 USC. 1857 et seq.)
as last amended, and as may hereafter be amended.
1.3.21 "Fuel Burning Equipment" shall mean any equipment, device,
or contrivance and ail appurtenances thereto, including ducts, breechings,
fuel-feeding equipment, ash'removal equipment, combustion controls,
stacks and chimney, used primarily, but not exclusively, to burn any
fuel for the purpose of indirect heating in which the material being
heated is not contacted by and adds no substance to the products of
combustion.
1.3.22 "Fugitive Dust" shall mean solid air-borne particulate matter
emitted from any source other than a flue or stack.
1.3.23 "Governing Body" shall mean the City Council of the City of
Huntsville.
1.3.24 "Heat Available" shall mean the aggregate heat content of all
fuels whose products of combustion pass through a stack or stacks.
1.3.25 "Incinerator" shall mean any equipment, device or contrivance
and all appurtenances thereof used for the destruction by burning of
solid, semi-solid, liquid, or gaseous combustible wastes.
1.3.26 "Maximum Process Height Per Hour" shall mean the equipment
manufacturer's or designer's guaranteed maximum (whichever is greater)
process weight per hour.
1.3.27 "Model Year" shall mean the annual production period of new
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motor vehicles designated by the calendar year in which such period
ends, provided that if the manufacturer does not so designate vehicles
manufactured by him, the model year with respect to such vehicles
shall mean the twelve month period beginning January 1 of the year
specified herein.
1.3.28 "Modification" shall mean any physical change in, or change
in the method of operation of, an affected source which increases
the amount of any air contaminant (to which a rule or regulation
applies) emitted by such source or which results in the emission of any
air contaminant (to which a rule or regulation applies) not previously
emitted, except that:
(a) Routine maintenance, repair, and replacement shall not be
considered physical changes, and
(b) The following shall not be considered a change in the method
of operation:
(1) An increase in the production rate;
(2) An increase in hours of operation;
(3) Use of an alternative fuel or raw material.
1.3.29 "Motor Vehicle" shall mean every self-propelled device in or
upon or by which, any person or property is, or may be, transported
or drawn upon a public highway.
1.3.30 "Multiple Chamber Incinerator" shall mean any incinerator
consisting of three or more refractory lined combustion chambers in
series, physically separated by refractory walls, interconnected by
gas passage ports or ducts and employing adequate design parameters
necessary for maximum combustion of the material to be burned.
1.3.31 "New Source" shall mean any source built or installed on or
after the date of initial adoption of an applicable rule or regulation
and any source existing at said stated time which later undergoes
modification. Any source moved to other premises involving a change
of location after the date of initial adoption of an applicable rule
or regulation shall be considered a new source.
1.3.32 "Odor" shall mean smells or aromas which are unpleasant to
persons, or which tend to lessen human food and water intake, interfere
with sleep, upset appetite, produce irritation of the upper respira-
tory tract, or cause symptoms of nausea, or which by their inherent
chemical or physical nature, or method of processing, are, or may be,
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detrimental or dangerous to health. Odor and smell are used inter-
changeably herein.
1.3.33 "Opacity" shall mean the obscuration to an observer's view
produced by smoke of any color that is equivalent to an obscuration
by smoke of a shade specified in the Ringelmann Smoke Chart published
by the United States Bureau of Mines.
1.3.34 "Open Burning" shall mean the burning of any matter in such a
manner that the products of combustion resulting from the burning are
emitted directly into the ambient air without passing through an
adequate stack, duct or chimney.
1.3.35 "Operating Time" shall mean the number of hours per year that
a source conducts operations.
1.3.36 "Owner or Operator" shall mean any person who owns, leases,
operates, controls, or supervises an affected facility, article, machine,
equipment, or other contrivance, or source.
1.3.37 "Particulate Matter" shall mean finely divided material, except
uncombined water which is a liquid or a solid at standard conditions
of temperature at 70°F and pressure at 14.7 pounds per square inch
absolute.
1.3.38 "Person" means the State, any individual, partnership, firm,
association, municipality, public or private corporation or institution,
political subdivision or agency of the State, including any Environ-
mental Improvement Authority established pursuant to Act Number 1117,
Regular Session of 1969 (General Acts 1969, p. 2060), any trust, estate,
or any other legal entity and any successor, representative, agent,
or agency of the foregoing, the United States or any department
agency or instrumentality of the executive, legislative or judicial
branches of the Federal Government.
1.3.39 "PPM" refers to parts per million by volume.
1.3.40 "Process" shall mean any action, operation, or treatment of
materials, including handling and storage thereof, which may cause
discharge of an air contaminant, or contaminants, into the atmosphere,
but excluding fuel burning and refuse burning.
1.3.41 "Process Weight" shall mean the total weight in pounds of all
materials introduced into any specific process which may cause any
discharge into the atmosphere.
1.3.42 "Process Weight Per Hour" shall mean the total weight of all
materials introduced into any specific process that may cause any
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discharge of participate matter. Solid fuels charged will be considered
as part of the process weight, but liquid and gaseous fuels and combus-
tion air will not. For a cyclical or batch operation, the process
weight per hour will be derived by dividing 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 equipment is idle. For a continuous operation, the process
weight per hour will be derived by dividing the process weight for
a typical period of time by that time period.
1.3.43 "Refuse" shall mean matter consisting of garbage, rubbish,
ashes, street debris, dead animals, abandoned vehicles, industrial
wastes, demolition wastes, construction wastes, special wastes, or
sewage treatment residue.
1.3.44 "Ringelmann Chart" shall mean the chart published and described
in U.S. Bureau of Mines Information Circular 8333.
1.3.45 "Smoke" shall mean gas-borne particles resulting from incomplete
combustion, consisting predominantly, but not exclusively, of carbon,
ashes, or other combustible material.
1.3.46 "Soiling Index" shall mean a measure of the soiling properties
of suspended particles in air determined by drawing a measured volume
of air through a known area of Whatman No. 4 filter paper for a measured
period of time, expressed as COHs/1,000 linear feet.
1.3.47 "Source" shall mean any building, structure, facility, instal-
lation, article, machine, equipment, device, or other contrivance
which emits or may emit any air contaminant. Any activity which utilizes
abrasives or chemicals for cleaning or any other purpose (such as
cleaning the exterior of buildings) which emits air contaminants shall
be considered a source.
1.3.48 "Stacks or Ducts" shall mean any flue duct, or other contrivance
arranged to conduct emissions to the open air.
1.3.49 "Startup" shall mean the setting in operation of an affected
source for any purpose.
1.3.50 "State" shall mean the State of Alabama.
1.3.51 "Submerged Fill Pipe" shall mean any fill pipe, the discharge
opening! of which is entirely submerged when the.liquid level is 6
inches above the bottom of the tank, or when applied to a tank which
is loaded from the side, shall mean any fill pipe, the discharge
opening of which is entirely submerged when the liquid level is two
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times the fill pipe diameter, in inches, above the bottom of the tank.
1.3.52 "Total Reduced Sulfur (TRS)" shall mean hydrogen sulfide,
mercaptans, dimethyl sulfide, dimethyl disulfide, and any other
organic sulfides present.
1.3.53 "Uncpmbined Water" shall mean any water droplets or water vapor
condensate that does not contain any other solid or liquid particulate
matter attached to the water droplets.
1.3.54 "Volatile Organic Compounds" shall mean any compound containing
carbon and hydrogen or containing carbon and hydrogen in combination
with any other element which has a vapor pressure of 1.5 pounds per
square inch absolute or greater under actual storage conditions.
1.4 The Air Pollution Control Program within the City of Huntsville
is hereby continued. The Air Pollution Control Officer shall administer
these regulations and the program in accordance with their terms, and
in accordance with the rules and policies of the Board adopted pursuant
hereto, and subject to the general supervision and control of the Mayor.
(16.0) 1.5 Powers and Duties of the Air Pollution Control Board.
The Board shall have the powers, duties, and authority duly delegated
by these rules and regulations, as authorized by ordinance of the City
of Huntsville, or as otherwise provided by law.
(14.0) 1.6 Availability of Records and Information
1.6.1 Public Inspection of Records
Except as is provided in this part, any records, reports or information
obtained under the Act or these regulations and the official records
of the Board shall be available to the public for inspection. Requests
for permission to inspect such records should state the general subject
matter of the records sought to be inspected to permit identification
and location.
1.6.2 Exceptions
Upon a showing satisfactory to the Air Pollution Control Officer by any
person that records, reports, or information, or particular part
thereof, (other than emission data) to which the Air pollution Control
Officer has access if made public, would divulge production or sales
figures or methods, processes or production unique to such person, or
would otherwise tend to affect adversely the competitive position of
such person by revealing trade secrets, the Board and the Air Pollution
Control Officer shall consider such record, report, or information or
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particular portion thereof confidential in the administration of the
Act and these rules and regulations.
1.6.3 Creation of Record
Records will not be created by compiling selected items from other docu-
ments at the request of a member of the public, nor will records be
created to provide the requester with data such as ratios, proportions,
percentages, frequency distribution, trends, correlations, or comparisons,
1.6.4 Denial of Requests for, or Non-existence of Information
If it is determined pursuant to this Part that requested information will
not be provided or that, to the best knowledge of the Air Pollution
Control Officer, requested information does not exist, the Air Pollution
Control Officer shall notify in writing the party requesting the infor-
mation that the request is either denied or cannot be fulfilled, and the
reasons thereof.
1.6.5 Copies of Documents
If it is determined that information requested may be disclosed, the
requesting party shall be afforded the opportunity to obtain copies of
the documents containing such information. If copies of information are
requested, the Air Pollution Control Officer may furnish said copies
at a price to be set by the Air Pollution Control Officer that would
compensate for the cost of producing the requested copies.
1.6.6 Disclosure of Information
Nothing herein shall be construed to prevent disclosure of such report,
record or information to Federal or other agencies or State representa-
tives as necessary for purposes of administration of the Program or
of any Federal or State Air Pollution Control Agencies or when relevant
in any proceeding under the Act or these regulations.
1.6.7 Correlation of Information
As soon as practicable, the Air Pollution Control Officer shall provide
for public availability of emission data reported by source owners or
operators or otherwise obtained by the Air Pollution Control Officer.
Such emission data shall be correlated with applicable emission limita-
tions or other measures. As used in this section, "correlated" means
presented in such a manner as to show the relationship between measured
or estimated amounts of emissions and the amounts of such emissions
allowable under these rules and regulations.
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(4.0) 1.7 Ambient Air Quality Standards
1.7.1 Primary and Secondary Standards
The National Primary Ambient Air Quality Standards and National
Secondary Ambient Air Quality Standards and accompanying appendices
of reference methods, set forth at Part 50 of Title 40 of the Code of
Federal Regulations, as the same may be amended or revised, are hereby
incorporated and made a part of these regulations, and shall apply
throughout the city and police jurisdiction.
1.7.2 Policy
It is the objective of the City to obtain and maintain the ambient
air quality standards of this Part in achieving the policy and purpose
of the Act and as required by the Federal Act. The adoption hereby
of the national primary and secondary ambient air quality standards
shall not be considered in any manner to allow significant deteriora-
tion of existing air quality in any portion of the city or police
jurisdiction thereof.
1.7.3 Attainment of Primary Standard
These rules and regulations and the administration of the Air Pollution
Control Program shall provide for the attainment of the national pri-
mary ambient air quality throughout the city and police jurisdiction
thereof as expeditiously as practicable, but in no case later than
three years after the date of initial adoption of these rules and regu-
lations or within the time limits specified by Section 110(a) of the
Clean Air Act, as amended (84 Stat. 1680) whichever is later.
1.7.4 Attainment of Secondary Standard
To the extent practicable and feasible, these rules and regulations
and the administration of the Air Pollution Control Program shall
strive for the attainment of the national secondary ambient air quality
throughout the city and police jurisdiction concurrently with the
attainment of the national primary ambient air quality standard as
provided in Section 1.7.3.
(9.0) 1.8 Inspections
1.8.1 The Air Pollution Control Officer or his authorized represent-
ative may enter and inspect any property, premises or place on or at
which an air contaminant source is located or is being constructed,
installed or established at any reasonable time for the purpose of
ascertaining the state of compliance with these regulations. No person
shall refuse entry or access to the Air Pollution Control Officer
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or his authorized representative who requests entry for purposes of
inspection, and who presents appropriate credentials; nor shall any
person obstruct, hamper or interfere with any such inspection. If
requested, the owner or operator of the premises shall receive a report
setting forth all facts found which relate to compliance status.
1.8.2 The Air Pollution Control Officer or his authorized representative
may conduct tests and take samples of air contaminants, fuel, process
material or other material which affects or may affect emission of
air contaminants from any source. Upon request of the Air Pollution
Control Officer, the person responsible for the source to be tested
shall provide necessary holes in stacks or ducts 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. If the Air Pollution Control
Officer during the course of an inspection obtains a sample of air
contaminant, fuel, process material, or other material, he shall
give the owner or operator of the equipment or fuel facility a receipt
for the sample obtained.
(9.0) 1.9 Monitoring, Records, Reporting
(13.0)
1.9.1 The Air Pollution Control Board may require the owner or
operator of any air contaminant source to establish and maintain such
records; make such reports; install, use and maintain such monitoring
equipment or methods; sample such emissions in accordance with such
methods, at such locations, intervals and procedures as the Air Pollu-
tion Control Board shall prescribe; and provide such periodic emission
reports as required in Section 1.9.2.
1.9.2 Required Reports
Records and reports as the Air Pollution Control Board shall prescribe
on air contaminants or fuel shall be recorded, compiled and submitted
on forms furnished by the Air Pollution Control Officer or when forms
are not furnished, then in formats approved by the Air Pollution
Control Officer.
(a) Emissions of particulate matter, sulfur dioxide, and oxides
of nitrogen shall be expressed as follows: in pounds per
hour and pounds per million BTU 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 Air Pollution Control Officer.
(b) Sulfur dioxide and oxides of nitrogen emission data shall
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be averaged over a 24-hour period and shall be summarized
monthly. Daily averages and monthly summaries shall be
submitted to the Air Pollution Control Officer quarterly.
Data shall be calculated daily and available for inspection
at any time.
(c) Particulate matter emissions data shall be compiled and
calculated daily, and submitted quarterly.
(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 shall be
summarized monthly and submitted monthly and submitted
quarterly. Current daily results shall be available for
inspection at any time.
(e) The sulfur content of fuels, as burned, except natural gas,
shall be determined in accordance with current recognized
ASTM procedures. Averages for periods prescribed by the
Air Pollution Control Officer shall be submitted biannually.
Records shall be kept current and be available for inspection.
1.9.3 Applicable Sources
In addition to any specific sources or any class of sources designated
by the Air Pollution Control Officer, all point sources are subject to
the reporting requirements of Section 1.9.2 of this Part.
(9.0) 1.10 Sampling and Testing Methods
1.10.1 Methods
All required sampling and testing shall be made, and the results
calculated in accordance with sampling and testing procedures and methods
approved by the Air Pollution Control Officer. All required samples and
tests shall be made under the direction of persons qualified by
training and/or experience in the field of air pollution control.
1.10.2 Standard Methods
The Air Pollution Control Officer, to the extent practicable, shall
recognize and approve the test methods and procedures established
by Part 60 of Title 40 of the Code of Federal Regulations, as the same
may be amended or revised.
1.10.3 The Air Pollution Control Officer or his authorized representa-
tive may conduct tests and take samples of air contaminants, fuel,
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process material or other materials which affect or may affect emission
of air contaminants from any source. Upon request of the Air Pollution
Control Officer, the person responsible for the source to be tested
shall provide necessary holes in stacks or ducts 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. If the Air Pollution Control Officer
or his authorized representative during the course of an inspection
obtains a sample of air contaminant, fuel, process material, or
other material, he shall give the owner or operator of the equipment or
fuel facility a receipt for the sample obtained.
1.10.4 Report to Owner or Operator
At the conclusion of any inspection under Part 1.8 of these regulations,
or conduction of any testing or sampling under this Part, if requested,
the owner or operator of the premises shall receive a report setting
forth all facts found which relate to compliance status with these
rules and regulations.
(6.0) 1.11 Compliance Schedule
1.11.1 Scope
Except as otherwise specified, compliance with the provisions of
these rules and regulations shall be according to the time schedule of
this Part.
1.11.2 New Sources
All new sources shall comply with the applicable rules and regulations
of Chapter 5 et seq. within 60 days after achieving the maximum
production rate at which the affected source will be operated, but
not later than 120 days after initial startup of such source, unless
the Air Pollution Control Officer specifies another period of time
as a condition to the issuance of any Permit under 1.14.
1.11.3 Existing Sources
All existing sources not in compliance as of the date of initial
adoption of an applicable rule or regulation contained in Chapter 5
et seq. shall be in compliance within 6 months of such initial date
unless the owner or operator responsible for the operation of such
source shall have submitted to the Air Pollution Control Officer
in a form and manner satisfactory to him, a control plan and schedule
for achieving compliance, such plan and schedule to contain a date
on or before which full compliance will be attained, and such other
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information as the Air Pollution Control Officer may require. Any such
plan and schedule expected to extend over a period of 18 or more
months from such initial date shall include provisions for periodic
increments of progress toward full compliance. If approved by the
Air Pollution Control Officer, such dates shall be the dates on which
such owner or.operator shall achieve incremental progress and full
compliance. The Air Pollution Control Officer may require persons
to submit subsequent periodic reports on progress in achieving compliance.
In no event shall the control plan and schedule exceed 3 years from
the date of initial adoption of an applicable rule or regulation,
or May 31, 1975, whichever date occurs first. The provisions of
this Section shall not apply to sources for which permits are required
under Chapter 3.
1.11.4 Nothing in this Part shall relieve any person, or any new or
existing source from complying with the provisions of Chapter 1 and
2 of these rules and regulations.
(7.0) 1.12 Maintenance and Malfunctions of Equipment, Reporting
(13.0)
1.12.1 Maintenance; Reporting
In the case of shutdown of air pollution control equipment (which
operates pursuant to any permit issued by the Air Pollution Control
Officer) for necessary scheduled maintenance, the intent to shutdown
such equipment shall be reported to the Air Pollution Control Officer
at least twenty-four (24) hours prior to the planned shutdown, unless
such shutdown is accompanied by the shutdown of the source which such
equipment is intended to control. 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.
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1.12.2 Malfunction; Reporting
In the event that any emission source, air pollution control equipment,
or related facility fails or breaks down in such a manner as to cause
the emission of air contaminants in violation of these rules and
regulations, the person responsible for such source, equipment, or
facility shall notify the Air Pollution Control Officer within 24
hours of such failure or breakdown and provide a statement giving all
pertinent facts, including the estimated duration of the breakdown.
The Air Pollution Control Officer shall be notified when the condition
causing the failure or breakdown has been corrected and such source,
equipment, or facility is again in operation.
(2.0) 1.13 Prohibition of Air Pollution
No person shall permit or cause air pollution, as defined in Section
1.3.3 of this Chapter by the discharge of any air contaminant for which
no ambient air quality standards have been set under Section 1.7.1.
(15.0) 1.14 Penalties and Citations
1.14.1 Any person who violates any provisions of these regulations or
who violates any determination or order of the Air Pollution Control
Officer pursuant to these regulations shall be liable to a penalty
not to exceed $10,000 for said violation and an additional penalty
not to exceed $10,000 for each day during which such violation continues,
which penalty may be recovered by the City of Huntsville in a civil
action in the Circuit Court of said county and such person may also
be enjoined from continuing such violation.
1.14.2 Any money penalty so recovered shall be deposited in the City
Treasury of the City of Huntsville, Alabama, to be appropriated by
the Governing Body only for air pollution control purposes.
1.14.3 It shall be the duty of the City Attorney of the City of
Huntsvilie to bring such actions in the Circuit Court at the request of
the Mayor or Governing Body of the City of Huntsville, Alabama. The
Huntsville Air Pollution Control Board may at its option make recom-
mendations concerning the bringing of said actions to the Mayor or to the
Mayor and Council of the city.
1.14.4 Any person who knowingly violates or fails or refuses to
obey or comply with any provision of these regulations or knowingly
submits any false information required by these regulations shall be
guilty of a misdemeanor and upon conviction shall be punished as
provided by law.
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1.14.5 The Air Pollution Control Officer is hereby authorized to
issue citations to any person violating any provisions of these
regulations. Said citation shall command said person to cease and
desist from violating the provisions of these regulations. The
citation shall specify the provision or provisions of these regulations
alleged to be violated and shall specify generally the facts alleged
to constitute a violation thereof. Said citation shall command
the person to appear at a hearing in person or by attorney at a time
and place specified before the Air Pollution Control Board and show
cause why a prosecution for the violation of the provision or provisions
of these regulations should not be commenced. No citation shall be
issued for an appearance before the Air Pollution Control Board less
than 10 days after the issuance thereof, except when an emergency air
episode has been declared, in which case appearance may be required
within 24 hours. The citation may be directed to a business or
corporation or to the president, manager, superintendent, or other
person in charge of the business or corporation. The citation may be
issued by leaving a copy thereof at any office of the business or
corporation or by leaving a copy with some person at said office or
at the residence of the president, manager, superintendent, or other
person in charge.
1.14.6 The issuance of a citation shall not be a condition precedent
to the beginning of a prosecution under sections 1.14.1, 1.14.3, and
1.14.4 hereof. However, where a citation has been issued the accused
shall be afforded an opportunity to be heard upon said citation
before any prosecution is commenced hereunder. At the conclusion of
the hearing of the citation the Huntsville Air Pollution Control
Board may cause a prosecution to be commenced for said violation in
which case the Huntsville Air Pollution Control Board shall direct the
Air Pollution Control Officer to appear before a Magistrate authorized
to take oaths and issue warrants of arrest in the County where the
air contaminant source is located and make affidavit setting out the
findings of the Huntsville Air Pollution Control Board. The Magistrate
shall forthwith issue a warrant of arrest for the party charged
commanding any Sheriff or other officer of the State authorized by
state law to execute warrants of arrest, to arrest the defendant and
forthwith bring him before the Magistrate. The warrant shall be
returnable to the court charged with jurisdiction to try misdemeanors
committed in the City of Huntsville, Alabama.
1.14.7 The testimony taken at any hearing before the Huntsville
Air Pollution Control Board shall be under oath and may be recorded
stenographically, but the parties shall not be bound by the strict
rules of evidence prevailing in the courts of law and equity. True
copies of any transcripts or of any other record made of or at such
hearing shall be furnished to any party thereto upon request and
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on payment of the reasonable cost of making such transcript.
(2.0) 1.15 Circumvention
No person shall cause or permit the installation or use of any device
or any means which, without resulting in reduction in the total
amount of air contaminant emitted, conceals or dilutes any emission of
air contaminant which would otherwise violate these rules and regulations.
(2.0) 1.16 Severability
The provisions of these rules and regulations and the various applications
thereof are declared to be severable and if any chapter, part, section,
paragraph, subparagraph, subdivision, clause, or phrase of these rules
and regulations shall be adjudged to be invalid or unconstitutional by
any court of competent jurisdiction, the judgment shall not affect,
impair or invalidate the remainder of these rules and regulations, but
shall be confined in its operation to the chapter, part, section,
paragraph, subparagraph, subdivision, clause, or phrase of these
rules and regulations that shall be directly involved in the controversy
in which such judgment shall have been rendered.
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(8.0) CHAPTER 2
AIR POLLUTION EMERGENCY
(8.0) 2.1 Air Pollution Emergency
The Air Pollution Control Officer is authorized and empowered to
enforce or require enforcement of any provisions of this Chapter
throughout the territorial limits of the City of Huntsville and its
police jurisdiction.
(8.0) 2.2 Episode Criteria
When the Air Pollution Control Officer determines that conditions
justify the proclamation of an air pollution episode stage, due to
the accumulation of air contaminants in any place within the city,
attaining levels which could, if sustained or exceeded, lead to a
substantial threat to the health of persons, he shall be guided
by the following criteria.
2.2.1 Episode stages shall be determined and declared upon the
basis of average concentration recorded at any monitoring station in
the city.
2.2.2 If contamination and meteorological conditions warrant, any
advanced episode stage may be declared by the Air Pollution Control
Officer without first declaring a lesser degree of Alert or Watch.
The Air Pollution Control Officer shall, at his discretion, declare
a lesser stage, the termination or the continuance of the advanced
episode stage during such time when contamination and meteorological
conditions moderate significantly after an advanced episode stage has
been declared.
2.2.3 Episode Watch
The Air Pollution Control Officer shall declare an Episode Watch when
one or more of the following events take place.
(a) An Atmospheric Stagnation Advisory is issued by the National
Weather Service, stating that atmospheric conditions marked
by a slow moving high pressure system, light winds and
temperature inversions are expected to affect the air shed of
the City of Huntsville or portions thereof for the next 36
hours.
(b) A meteorological forecast that stagnant atmospheric conditions
as described above could result in high air pollution levels
in Huntsville or portions thereof.
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(c) Validated reports of abnormally high air pollution measure-
ments, specifically, reaching or exceeding 50 percent of the
Alert level of Section 2.2.4 for at least three consecutive
hours at a given locality in the city.
2.2.4 Alert
The Air Pollution Control Officer shall declare an Alert when any one
of the following contaminant concentrations is measured at any moni-
toring site, and due to adverse meteorological conditions can be
expected to remain at these levels or higher for the next 12 hours
or more unless control measures are taken:
(a) Sulfur Dioxide - Measured by continuous coulometric or
colorimetric analyzer, or equivalent.
24-hour average, 0.30 ppm (800 jug/nv3)
(b) Particulates - Measured by sequential tape sampler, two-hour
accumulations (soiling index).
24-hour average, 3.0 COHS per 1000 linear feet
or measured by Hi-vol (high volume sampler), 24-
hour accumulation. 24-hour average, 375/jg/m3.
(c) Sulfur Dioxide and Particulates Combined - Product of
concurrent 24-hour average concentrations.
Sulfur dioxide, ppm, times particulates, COHS,
equals 0.2; sulfur dioxide, Aig/m3, times parti-
culates in yug/m3 equals 65,000.
(d) Carbon Monoxide - Measured by continuous non-dispersive
infrared analyzer, or equivalent.
8-hour average, 15 ppm (17 mg/m3)
(e) Nitrogen Dioxide - Measured by continuous analyzer, or
equivalent.
24-hour average, 0.15 ppm (282 >ug/m3) or
1-hour average, 0.6 ppm (1130 ,ug/m3)
(f) Photochemical Oxidants - Measured by continuous chemilumi-
nescent analyzer or equivalent.
1-hour average, 0.1 ppm (200>ug/m3)
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2.2.5 Warning
A warning shall be declared by the Air Pollution Control Officer
when the concentrations of any of the following air contaminants
measured at any monitoring site and due to adverse meteorological
conditions can be expected to remain at these levels or higher
for tha next 12 hours or more unless control measures are taken:
(a) Sulfur Dioxide - Measured by continuous coulometric or
colorimetric analyzer, or equivalent.
24-hour average, 0.6 ppm (1600 jug/m^)
(b) Particulates - Measured by sequential tape sampler, two-hour
accumulations (soiling index).
24-hour average, 5.0 COHS per 1000 linear feet or
measured by Hi-vol, 24-hour accumulation:
24-hour average, 625
(c) Sulfur Dioxide and Particulates Combined - Product of
concurrent 24-hour average concentration.
Sulfur dioxide, ppm, times particulates COHS,
equals 0.8 or sulfur dioxide, yug/m3, times
particulates, /jg/m^, equals 261,000.
(d) Carbon Monoxide - Measured by continuous non-dispersive
infrared analyzer or equivalent.
8-hour average, 30 ppm (34 mg/m^)
(e) Nitrogen Dioxide - Measured by continuous analyzer, or
equivalent.
24-hour average, 0.30 ppm (ses^ug/m^)
1-hour average, 1.20 ppm (2260yug/m3)
(f) Photochemical Oxidants - Measured by continuous chemi lumines-
cent analyzer, or equivalent.
1-hour average, 0.40 ppm (800 ug/m?}
2.2.6 Emergency
When the following concentrations of air contaminants have been
reached or due to meteorological conditions can be expected to reach or
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exceed these levels at any monitoring site in the city for a period of
12 hours or more unless control actions are taken, the Air Pollution
Control Officer shall declare an Emergency:
(a) Sulfur Dioxide - Measured by continuous coulometric or
colorimetric analyzer, or equivalent.
24-hour average 0.8 ppm (2100 >ug/m3)
(b) Particulates - Measured by sequential tape sampler, two-hour
accumulations (soiling index).
24-hour average, 7.0 COHS per 1000 linear feet or
measured by Hi-vol, 24-hour accumulation.
24-hour average, 875 ,ug/m3
(c) Sulfur Dioxide and Particulates Combined - Product of
concurrent 24-hour average concentrations.
Sulfur dioxide, ppm, times particulates, COHS,
equals 1.2 or sulfur dioxide, /jg/rn3, times parti-
culates, /jg/m3, equals 393,000
(d) Carbon Monoxide - Measured by continuous non-dispersive
infrared analyzer, or equivalent.
8-hour average, 40 ppm (46 mg/m3)
(e) Nitrogen Dioxide - Measured by continuous analyzer, or
equivalent.
24-hour average, 0.40 ppm (750 ;ug/m3)
1-hour average 1.60 ppm (3000 /ug/m3)
(f) Photochemical Oxidants - Measured by continuous chemilumines-
cent analyzer, or equivalent.
1-hour average, 0.60 ppm (1200 >ig/m3)
2.2.7 Termination
(a) The status reached by application of the Episode Criteria
of this part shall remain in effect until the criteria for
that level is no longer met. At such time, the next lower
status will be assumed and such changes declared by the
Air Pollution Control Officer. Specifically:
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(1) When ambient contaminant concentrations fall
below the criteria levels for the stage, and
a downward trend of concentrations is established;
and
(2) When meteorological conditions that attended the
high concentrations are no longer called for in
official'weather predictions.
(b) A public declaration will take on one of the following forms.
(1) Terminate "Emergency Status", resume "Warning
Status" or "Alert Status"; whichever is appropriate.
(2) Terminate "Warning Status", resume "Alert Status"
or appropriate stage.
(3) Terminate "Episode Status".
(c) Upon termination of an "Episode Status", the Air Pollution
Control Program will remain on internal "Episode Watch" until
a return to normal operation is announced by the Air Pollu-
tion Control Officer.
2.2.8 Status Declaration Authority - The Air Pollution Control Officer
or his duly authorized agent, shall have the authority to make an
announcement of internal Episode Watch, and public declarations of
Alert, Warning and Emergency Status.
(8.0) 2.3 Special Episode Criteria
2.3.1 The Air Pollution Control Officer shall have the authority
to declare episodic conditions when the atmospheric concentration of
a single contaminant or that of a specific locality within the city
show elevated concentrations.
2.3.2 Specific Pollutant Situation
When concentrations of one or two contaminants reach or exceed the
defined criteria levels, and concentration of other contaminants
remain substantially below 50 percent of Alert levels, and meteoro-
logical conditions are such that these specific contaminant concentra-
tions can be expected to remain at the above levels for 12 hours or
more or increase unless control action is taken, a Specific Alert,
Warning, or Emergency Status shall be declared by the Air Pollution
Control Officer, naming the contaminants that meet the respective
criteria. In such instances when two such contaminants meet different
criteria, the Air Pollution Control Officer shall declare the status
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for the episode having the higher level, and that an Episode Watch is
being maintained on the remaining contaminants.
2.3.3 Specific Locality Situation
The Air Pollution Control Officer shall, when high concentrations of
one or more contaminant measured at one monitoring site and not others
and the effect is judged to originate from an identifiable source
near the given site, shall declare the appropriate local Alert, Warning,
or Emergency Status for the delineated area and that an Episode
Watch is in effect for any remaining portion of the jurisdictional
area while meteorological conditions favor the maintenance or increase
of said high concentration for at least 12 hours or more unless
control action is taken.
(8.0) 2.4 Emission Reduction Plans
Upon declaring an Episode Watch, Alert, Warning, or Emergency, the Air
Pollution Control Officer shall order persons responsible for the
operation of a source of air contaminants causing or contributing
to such episode to take the general measures outlined in the Emergency
Episode Plan for the City of Huntsville or revision thereof, as he
deems appropriate, in addition to all specific source curtailments
designated by him.
(8.0) 2.5 Emission Reduction Plans for Two Contaminants
The Air Pollution Control Officer shall declare an Alert, Warning, or
Emergency Status specific for two contaminants when the ambient
concentrations of two contaminants simultaneously reach or exceed
their respective Episode Criteria of this Chapter and meteorological
conditions are such that contaminant concentrations can be expected to
remain at those criteria levels for 12 or more hours or increase unless
control actions are taken. When criteria levels correspond to different
episode status for two contaminants, the Air Pollution Control Officer
shall declare the status of the higher of the two.
(8.0) 2.6 Emission Reduction Plans for General Episodes
The Air Pollution Control Officer shall, in the event that ambient
concentrations of three or more contaminants simultaneously reach
or exceed their respective Episode Criteria and no improvements in
meteorological conditions is forecast for the next 12 hours, declare
a General Alert, Warning, or Emergency Status. In the event the
criteria levels correspond to different statuses for each contaminant,
the Air Pollution Control Officer shall declare a general status
corresponding to the highest individual status.
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(8;.0) 2.7 Emission Reduction Plan for j.oca1 Episodes
2.7.1 The Air Pollution Control Officer shall specify the area of
the city affected when a Local Alert, Warning or Emergency Status is
declared, or when an Accidental Episode for common contaminants occurs,
based upon air quality and meteorological reports and predictions.
2.7.2 When the Air Pollution Control Officer declares such a local
episode, any person responsible for the operation from which excess
emissions results, shall shut down such an operation and make repairs
or alter the process as required to restore normal operations.
2.7.3 When the Air Pollution Control Officer declares that a Local
Alert, Warning, or Emergency Status is in effect for a delineated area,
corresponding General Measures shall be applied as detailed in Part 2.4,
depending upon which contaminant (s) is/are being emitted in excess.
(8.0) 2.8 Emission Reduction Plans for Other Sources
2.8.1 Any person responsible for the operation of a source of air
contaminants as determined by the Air Pollution Control Officer shall
prepare standby plans for reducing the emissions of air contaminants
during periods of an Episode Alert, Warning, and Emergency. Standby
plans shall be designed to reduce or eliminate emissions of air
contaminants in accordance with the objectives set forth in Part 2.4.
2.8.2 Any person responsible for the operation of a source of air
contaminants not designated by the Air Pollution Control Officer shall
when requested by the Air Pollution Control Officer in writing, prepare
standby plans for reducing the emission of air contaminants during
periods of Episode Alert, Warning and Emergency. Standby plans shall
be designed to reduce or eliminate emissions of air contaminants
in accordance with the objectives set forth in Part 2.4.
2.8.3 Standby plans as required under Section 2.8.1 shall be in writing
and identify the sources of air contaminants, the amount of reduction
of contaminants and a brief description, of the manner in which
reduction will be achieved during Episodes of Alert, Warning, and
Emergency.
2.8.4 During Episodes of Alert, Warning, and Emergency Status,
standby plans as required by this Chapter shall be made available
on the premises to any person authorized to enforce the provisions
of applicable rules and regulations.
2.8.5 Standby plans as required by these rules and regulations shall
be submitted to the Air Pollution Control Officer upon request within
30 days of the receipt of such request; such standby plans shall be
subject to review and approval by the Air Pollution Control Officer.
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If in the opinion of the Air Pollution Control Officer, a standby
plan does not effectively carry out the objectives as set forth in
these rules and regulations, the Air Pollution Control Officer may
disapprove it, state the reason for disapproval and order the preparation
of an amended standby plan within the time period specified in the
order.
(8.0) 2.9 Emergency Procedure
2.9.1 Any other provisions of law to the contrary notwithstanding,
if the Air Pollution Control Officer finds that a generalized condition
of air pollution exists and that it creates an emergency requiring
immediate action to protect human health or safety, the Air Pollution
Control Officer shall order persons causing or contributing to the
air pollution to reduce or discontinue immediately the emission of
air contaminants, and such order shall fix a place and time, not
later than twenty-four hours thereafter, for a hearing to be held
before the Air Pollution Control Board. Not more than twenty-four
hours after the commencement of such hearing, and without adjournment
thereof, the Air Pollution Control Board shall affirm, modify or
set aside the order of the Air Pollution Control Officer.
2.9.2 In the absence of a generalized condition of air pollution of
the type referred to in section 2.9.1, but if the Air Pollution
Control Officer finds that emissions from the operation of one or
more air contaminant sources is causing imminent danger to human
health or safety, he may order the person or persons responsible for
the operation or operations in question to reduce or discontinue
emissions immediately without regard to the provisions of standby
plans. In such event, the requirements for hearing and affirmance,
modification or setting aside of orders set forth in section 2.9.1
shall apply.
2.9.3 Nothing in this section shall be construed to limit any power
which the Air Pollution Control Officer, the Alabama Air Pollution
Control Commission, the Governor or any other person may have to
declare an emergency and act on the basis of such declaration, if such
power is conferred by statute or constitutional provisions, or inheres
in the office.
2.9.4 In addition to, and without in any way limiting the foregoing,
if the Air Pollution Control Officer determines at any time that air
pollution in Huntsville or in any portion of the police jurisdiction
constitutes an emergency risk to the health of those present in the
city or said area of the police jurisdiction, and that the resources
of the Huntsville Air Pollution Control Board are not sufficient to
abate said air pollution, such determination shall be communicated by
telephone and in writing, with the factual findings on which such
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determination is based to the Director of the Division of Air Pollution
Control of the Alabama Department of Public Health or to the State
Health Officer in his capacity as Chairman of the Alabama Air
Pollution Control Commission or to the Environmental Protection
Agency of the Federal Government. Such communication shall request
assistance in the abatement of said air pollution emergency consistent
with the provisions of Act 769, Alabama Legislature, Regular Session
1971, and the Federal Clean Air Act as amended. The Air Pollution
Control Officer may delegate to the Deputy Air Pollution Control
Officer the power to make said determinations and deliver the same
to the Director of the Division of Air Pollution Control of the Alabama
Department of Public Health or to the State Health Officer or the
Environmental Protection Agency in the name of the Air Pollution
Control Officer.
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(3.0) CHAPTER 3
PERMITS
(3.0) 3.1 Permits Required
3.1.1 Permit to Construct
Any person building, erecting, altering or replacing any article,
machine, equipment or other contrivance, the use of which may cause
the issuance of or an increase in the issuance of air contaminants or
the use of which may eliminate or reduce or control the issuance
of air contaminants, shall first obtain authorization for such
construction from the Air Pollution Control Officer in the form of a
Permit to Construct. A Permit to Construct shall remain in effect
until the Permit to Operate the equipment for which the application
was filed is granted or denied or the application is cancelled.
3.1.2 Permit to Operate
(a) Before any article, machine, equipment or other contrivance
described in Section 3.1.1 may be operated or used, a written
permit shall be obtained from the Air Pollution Control
Officer. No permit to operate shall be granted for any article,
machine, equipment, or contrivance described in Section 3.1.1,
constructed or installed without authorization as required
by Section 3.1.1, until the information required is
presented to the Air Pollution Control Officer and such
article, machine, equipment or contrivance is altered,
if necessary, and made to conform to the standards
established by the City.
(b) Any article, machine, equipment or other contrivance
described in Section 3.1.1 which is presently operating (or
which is not presently operating but which is capable
of being operated) without a Permit to Operate, may continue
to operate (or may restart) only if its owner or operator
obtains a Permit to Operate prior to a date to be set by
the Air Pollution Control Officer (or prior to restarting).
(c) The Air Pollution Control Officer shall have the authority
to decide cases where an article, machine, equipment or other
contrivance is not clearly subject to nor exempt from the
application of this chapter. In addition, the Air Pollution
Control Officer may rule that a particular article, machine,
equipment or other contrivance is subject to the application
of this chapter even though it is exempt from the system
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according to Part 3.1 and 3.2 of this chapter. The operator
or builder of such an article, machine, equipment, or
other contrivance may appeal the Air Pollution Control
Officer's classification to the Board which shall overrule
the Air Pollution Control Officer only if it is shown that
he acted arbitrarily and contrary to the purpose of the
Act and these regulations.
3.1.3 Display of Permit to Operate
A person who has been granted a Permit to Operate any article, machine,
equipment, or other contrivance shall keep such permit under file
or on display at all times at the site where the article, machine,
equipment, or other contrivance is located and will make such a
permit readily available for inspection by any and all persons who may
request to see it.
(2.0) 3.2 Exemptions
From time to time the Air Pollution Control Board may specify certain
classes or sizes of articles, machine, equipment, or other contrivances
which would normally be subject to the requirement to obtain Permits
to Operate or Construct, as being exempt from the requirement to
obtain such permits. Exempt sources are subject in every other way
to these rules and regulations.
(3.0) 3.3 Transfer
A Permit to Construct or Operate shall not be transferable whether by
operation of law or otherwise, either from one location to another,
from one piece of equipment to another, or from one person to another.
(3.0) 3.4 Applications
Every application for a Permit to Construct or Operate required under
Part 3.1 shall be filed in the manner and form prescribed by the Air
Pollution Control Officer and shall give all the information necessary
to enable the Air Pollution Control Officer to make the determination
required by Part 3.8 of this Chapter.
(3.0) 3.5 Cancellation of Applications
A Permit to Construct shall expire and the application shall be cancelled
two years from the date of issuance of the Permit to Construct if
the construction has not begun.
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(3.0) 3.6 Action of Application
The Air Pollution Control Officer shall act, within a reasonable
time, on an application for Permit to Construct, Permit to Operate
and shall notify the applicant in writing of its approval, conditional
approval or denial.
(9.0) 3.7 Provisions of Sampling and Testing Facilities
A person operating or using any article, machine, equipment or
other contrivance for which these rules and regulations require
a permit shall provide and maintain such sampling and testing
facilities as specified in the Permit to Construct or Permit to
Operate.
(3.0) 3.8 Standards for Granting Permits
3.8.1 The Air Pollution Control Officer shall deny a permit except
as provided by Part 3.9, if the applicant does not show that every
article, machine, equipment or other contrivance, the use of which
may cause the issuance of air contaminants, is so designed, controlled,
or equipped with such air pollution control equipment, that it may be
expected to operate without emitting or without causing to be emitted
air contaminants in violation of these rules and regulations.
3.8.2 The Air Pollution Control Officer shall deny a permit if the
applicant does not present, in writing, a plan whereby the emission of
air contaminants by every article, machine, equipment or other
contrivance described in the permit application, will be reduced during
periods of an Air Pollution Alert, Air Pollution Warning, and Air
Pollution Emergency in accordance with the provisions of Chapter 2.
3.8.3 Before a Permit to Construct or Permit to Operate is granted,
the Air Pollution Control Officer may require the applicant to provide
and maintain such facilities as are necessary for sampling and testing
purposes in order to secure information that will disclose the nature,
extent, quantity or degree of air contaminants discharged into the
atmosphere from the article, machine, equipment or other contrivance
described in the Permit to Construct or Permit to Operate. In the
event of such a requirement, the Air Pollution Control Officer shall
notify the applicant in writing of the required sizes, number and
location of the sampling platform; the access to the sampling platform;
and the utilities for operating the sampling and testing equipment.
3.8.4 The Air Pollution Control Officer may also require the applicant
to install, use and maintain such monitoring equipment or methods;
sample such emission in accordance with such methods, at such locations,
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intervals and procedures as may be specified; and provide such information
as the Air Pollution Control Officer may require.
3.8.5 Before acting on an application for Permit to Construct or
Permit to Operate, the Air Pollution Control Officer may require the
applicant to furnish further information or further plans or speci-
fications.
3.8.6 In acting upon a Permit to Operate, if the Air Pollution Control
Officer finds that the article, machine, equipment or other contrivance
has been constructed not in accordance with the Permit to Construct,
and if the changes noted are of a substantial nature in that the
amount of air contaminants emitted by the article, machine, equipment
or other contrivance may be increased, or in that effect is unknown,
then he shall deny the Permit to Operate. The Air Pollution Control
Officer shall not accept any further application for a Permit to Operate
until the article, machine, equipment or other 'contrivance has been
reconstructed in accordance with the Permit to Construct, or until
the applicant has proven to the satisfaction of the Air Pollution
Control Officer that the change will not cause an increase in the
emission of air contaminants.
3.8.7 The Air Pollution Control Officer shall deny a Permit to
Construct where he determines that the construction and operation of
such source will interfere with attaining or maintaining any primary
or secondary standard established by Section 1.7 or will allow
significant deterioration of existing air quality.
3.8.8 In granting any Permit to Operate, the Air Pollution Control
Officer may allow, as a condition of such permit, for the intermittent
discharge of air contaminants, during startup, shut down, rate
change or load change, in excess of the limitations specified in these
rules and regulations where he finds that because of the nature of the
source there is no practicable alternative.
(2.0) 3.9 Conditional Approval
3.9.1 The Air Pollution Control Officer may issue a Permit to Construct
or a Permit to Operate subject to conditions which will bring the
operation of any article, machine, equipment or other contrivance
within the standards of Part 3.8, in which case the conditions shall
be specified in writing. Commencing work under such a Permit to
Construct or operating under such a Permit to Operate shall be deemed
acceptance of all the conditions specified. The Air Pollution Control
Officer shall issue a Permit to Construct or a Permit to Operate with
revised conditions upon receipt of a new application, if the applicant
demonstrated that the article, machine, equipment or other contrivance
can operate within the standards of Part 3.8 under the revised
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conditions.
3.9.2 A Conditional Permit may allow an article, machine, equipment
or other contrivance to be operated in violation of the conditions
of Section 3.8 if one of the conditions of the permit is a definite
schedule by which the article, machine, equipment, or contrivance
may attain the conditions of Section 3.8 and be granted a Permit to
Operate, and if the schedule provides for attaining the conditions
of Section 3.8 at the earliest possible date and is approved by the
Air Pollution Control Officer. A Conditional Permit will be revoked
if the applicant does not submit progress reports to the Air Pollution
Control Officer according to the schedule established by the Conditional
Permit. The Air Pollution Control Officer may further revoke the
Conditional Permit if the progress reports do not show satisfactory
progress as specified by the terms of the Conditional Permit or if
the progress reports are found to be inaccurate.
3.9.3 A Conditional Permit that allows any new article, machine,
equipment or contrivance to operate in violation of the requirements
of Part 3.8 may not be granted for a period of time greater than one
year, including all renewals.
3.9.4 No Conditional Permit issued under this Part for any existing
article, machine, equipment or contrivance may be granted for a period
of time longer than the greater of the following periods:
(a) The period from the granting of the permit to a date three
years after the date of initial adoption of an applicable
rule or regulation.
(b) The period from the granting of the permit to a date
three years after the date the Administrator of the U.S.
Environmental Protection Agency approves, in accordance
with Section 110 of the Federal Act, such applicable
rule or regulation as a part of an implementation plan
(or any revision thereof).
(3.0) 3.10 Temporary Permit to Operate
3.10.1 Upon application for a Permit to Operate by a new facility,
the Air Pollution Control Officer shall, within a reasonable period of
time, dispatch an inspector to the facility in question. If the
inspector determines that the facility has been constructed according
to the specifications as set forth under the Permit to Construct, or
else that any changes to the facility would reduce or effect to an
unsubstantial degree that quantity of air contaminants emitted by the
facility, and if the Air Pollution Control Officer, agrees with this
conclusion, then the Air Pollution Control Officer shall issue a
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Temporary Permit to Operate which will remain in force until an official
inspection of the facility under actual operating conditions can
be made and the results reviewed, or until the Temporary Permit is
suspended or revoked by the Air Pollution Control Officer. The Air
Pollution Control Officer may issue a Temporary Permit to operate
without an inspection if the applicant fulfills the requirements of
Sections 3.10.2 and 3.10.3 of this Part.
3.10.2 The Air Pollution Control Officer may issue a Temporary
Permit to Operate without an inspection if the application for a
Permit to Construct is countersigned by a Professional Engineer
familiar with air pollution control as it relates to the equipment
under application.
3.10.3 Upon completion of the construction, a Professional Engineer
familiar with the Permit to Construct submits a letter to the Air
Pollution Control Officer, signed and sealed with his professional
stamp, testifying that the construction under application has been
completed and is in accordance with the specification as set down in
the Permit to Construct. The Air Pollution Control Officer is
empowered to reject the testimony of the Professional Engineer if the
Air Pollution Control Officer decided that the Professional Engineer's
qualifications are insufficient to allow him to accurately and
completely assess the equipment in question. A Professional Engineer
may appeal any such judgment to the Board.
(3.0) 3.11 Denial of Application
In the event of denial of a Permit to Construct or Permit to Operate,
the Air Pollution Control Officer shall notify the applicant in writing
of the reasons therefor. Service of this notification may be made in
person or by mail, and such service may be proved by the written
acknowledgement of the persons served or affidavit of the person
making the service. The Air Pollution Control Officer shall not
accept a further application unless the applicant has complied with
the objections specified by the Air Pollution Control Officer as his
reasons for denial of the Permit to Construct or the Permit to Operate.
(2.0) 3.12 Appeals
Within 10 days after notice by the Air Pollution Control Officer of
denial or conditional approval of a Permit to Construct or Permit to
Operate, the applicant may petition the Board, in writing, for a review.
The Board may sustain or reverse the action of the Air Pollution
Control Officer; such order may be subject to specified conditions.
3.13 The holder of a Permit under this Part shall comply with
conditions contained in such Permit as well as all applicable provisions
of these rules and regulations except where violations are specifically
allowed in accordance with a Conditional Permit issued under Section 3.9.
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(5.0) CHAPTER 4
VARIANCES
(5.0) 4.1 Granting of Variances
4.1.1 The Board may grant individual variances beyond the limitations
prescribed in the Act or these regulations, whenever it is found, upon
presentation of adequate proof, that compliance with any rule or
regulation, requirement or order of the Board or Air Pollution Control
Officer would impose serious hardship without equal or greater benefits
to the public, and the emissions occuring or proposed to occur do
not endanger or tend to endanger human health or safety, human comfort,
and aesthetic values. In granting or denying a variance the Board
shall file and publish a written opinion stating the facts and reasons
leading to its decision.
4.1.2 In granting a variance, the Board may impose such conditions as
the policies of the Act and these rules and regulations may require.
If the hardship complained of consists solely of the need for a
reasonable delay in which to correct a violation of these rules and
regulations, the Board shall condition the granting of such variance
upon the posting of sufficient performance bond or other security
to assure the correction of such violation within the time prescribed.
4.1.3 Any variance granted pursuant to the provisions of this section
shall be granted for such period of time, not exceeding one year,
as shall be specified by the Board at the time of the grant of
such variance, and upon the condition that the person who receives
such variance shall make such periodic progress reports as the Board
shall specify. Such variance may be extended from year to year by
affirmative action of the Board, but only if satisfactory progress
has been shown.
4.1.4 Any person seeking a variance shall do so by filing a petition
for variance with the Board, which shall promptly give notice of
such petition in a newspaper of general circulation in the city.
The Air Pollution Control Officer shall promptly investigate such
petition, consider the views of persons who might be adversely
affected by the granting of a variance and make a recommendation to the
Board as to the disposition of the petition. If the Board, in its
discretion, concludes that a hearing would be advisable, or if any
person files a written objection to the grant for such variance
within 21 days of petition notice, then a hearing shall be held.
All such hearings shall be open to the public, and reasonable opportunity
to be heard with respect to the subject of the hearing shall be
afforded to any person. All testimony taken before the Board shall
be recorded stenographically. The transcript so recorded, and any
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written submissions to the Board in relation to such hearings, shall be
open to public inspection.
4.1.5 If the Board fails to take final action upon a variance request
within 90 days after the filing of the petition, the petitioner may
deem the request denied.
4.1.6 A variance or renewal shall not be a right of the applicant or
holder thereof but shall be in the discretion of the Board; however,
any person adversely affected by a variance or renewal granted by the
Board may obtain judicial review by filing notice of appeal with the
Register in Chancery of Madison County in Equity within twenty days
from the action of the Board thereon. The case shall be heard by
the Court under the same rules and with the same requirements as a
petition for injunction would be heard. On appeal, the Circuit
Court shall grant said variance unless it finds the operation of the
air contamination source in the manner allowed in the variance would
amount to a private or public nuisance, or if it finds that the Board
acted arbitrarily or capriciously.
(2.0) 4.2 Petition Procedures
4.2.1 Any person subject to any rule or regulation, requirement or
order, may petition the Board for a variance from the application thereof,
as prescribed by the Act or these regulations. A petition for a
variance must state the following:
(a) The name, address and telephone number of the petitioner,
or other person authorized to receive service of notices.
(b) Whether the petitioner is an individual, partnership,
corporation or other entity, and names and addresses of the
officers, if a corporation, and names and addresses of the
persons in control, if other entity.
(c) The type of business or activity involved in the application
and the street address at which it is conducted.
(d) A brief description of the article, machine, equipment or
other contrivance, if any involved in the petition.
(e) The signature of the petitioner, or that of some person on
his behalf, and, where the person signing is not the
petitioner, the authority to sign.
(f) The rule or regulation, requirement or order complained from
which a variance is requested.
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(g) The facts showing why compliance with such rule or regulation,
requirement or order would impose serious hardship on the
petitioner or on any other person or persons without equal or
greater benefits to the public.
(h) The facts showing why the emissions occurring or proposed to
occur do not endanger or tend to endanger human health
or safety, human comfort, and aesthetic values.
(i) For what period of time the variance is sought and why.
(j) Provisions of the rule or regulation, requirement or order
which the petitioner can meet and the date when petitioner
can comply with such provisions.
(k) Whether or not any case involving the same identical
equipment or process identified in subparagraph (d) is pending
in any court, civil, or criminal.
4.2.2 All petitions shall be typewritten, double spaced, on legal or
letter size paper, on one side of the paper only.
(2.0) 4.3 Failure to Comply with Procedures
4.3.1 The Air Pollution Control Officer shall not accept for filing,
and service of petitions unless the Chairman or any two members of
the Board direct otherwise and confirm such direction in writing. Such
direction need not be made at a meeting of the Board.
4.3.2 The Chairman or any two members, without a meeting, may require
the petitioner to state further facts or reframe a petition so as to
disclose clearly the issues involved.
(2.0) 4.4 Objection Procedures
4.4.1 A person may file a written objection to the grant of a variance
within 21 days from initial advertised notice and thus insure that a
public hearing will be held, according to Section 4.1.4 of this Chapter.
An objection to the granting of a variance must state:
(a) The objector's name, address, and telephone number.
(b) Whether the objector is an individual, partnership, corporation
or other entity, and names and addresses of the partners if
a partnership, names and addresses of the officers if a
corporation, and the names and addresses of the persons in
control if other entity.
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(c) A specification of which petition for a variance is being
objected to.
(d) A statement indicating why the objector believes that the
variance should not be granted.
4.4.2 All objections should be typewritten or carefully printed in
ink on legal or letter size paper.
(16.0) 4.5 Rules of Evidence at Hearing
4.5.1 Each party shall have these rights; to call and examine
witnesses; to introduce exhibits; to cross-examine opposing witnesses
on any matter relevant to the issues even though that matter was
not covered in the direct examination; to impeach any witness regardless
of which party first called him to testify; and to rebut the evidence
against him. If a petitioner or objector does not testify in his
own behalf, he may be called and examined as if under cross-examination.
4.5.2 The hearing need not be conducted according to technical
rules relating to evidence and witnesses. Any relevant evidence shall
be submitted if it is the sort of evidence on which responsible
persons are accustomed to rely in the conduct of serious affairs,
regardless of the existence of any common law or statutory rule which
might make improper the admission of such evidence over objection
in civil actions. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence but shall not be
sufficient in itself to support a finding unless it would be
admissible over objection in civil actions. The rules of privilege
shall be effective to the same extent that they are now or hereafter
may be recognized in civil actions, and irrelevant and unduly
repetitious evidence shall be excluded.
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(51.9) CHAPTER 5
'13) CONTROL OF OPEN BURNING AND INCINERATION
(51.13) 5.1 It shall be unlawful for any persons to cause, suffer, allow or
permit open burning except as provided in Section 5.1.2 and 5.1.3
hereof. It shall be unlawful for any person to fail or refuse to
take all reasonable and necessary steps and precautions to prevent
open burning upon any premises owned, occupied or under the control of
such person. It shall be unlawful for any person to fail or refuse
to take all reasonable and necessary steps and precautions to extinguish
or otherwise terminate and abate any open burning which has originated
through any cause whatsoever upon any premises owned, occupied or
under the control of such person or upon premises upon which such
person is carrying out any operation or activity.
5.1.1 It shall be unlawful for any person to conduct a salvage
operation by open burning.
5.1.2 Open burning may be permitted if all the following conditions
are met.
(a) A written statement is filed with the Air Pollution Control
Officer giving the reasons why no other method except open
burning can be employed to dispose of the refuse involved;
the amount and kind of refuse to be burned; the exact
location where the open burning will take place; the dates
and times when the open burning will be done.
(b) The burning will be done only between the hours of 10:00 A.M.
and 4:00 P.M. Central Standard Time, if practical.
(c) The applicant submits a plan to cease or abate such fire
at any time the same becomes a fire hazard or in the opinion
of the Air Pollution Control Officer, represents a threat
to the overall air quality of the area.
(d) A permit is obtained from the Fire Marshal indicating
that no safety hazard will be created by the open burning.
(e) The Air Pollution Control Officer issues a permit therefor
and a written determination that such burning will not cause
any violation of any air quality standard and that there
is no other practical means of disposal.
(f) No permit for such burning shall be valid for more than a 10
day period from the issuance thereof.
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5.1.3 Open burning may be permitted without compliance with Section
5.1.2 above stated only in the following specifically listed instances:
(a) Fires used for cooking of food or for ceremonial or
recreational purposes including barbeques and outdoor
fireplaces. Only clean fuel not containing garbage,
rubber, plastics or other refuse is permitted.
(b) Fires set by or at the direction of responsible fire
control agencies for the prevention, elimination or
reduction of a fire hazard.
5.1.4 Open burning may be permitted in the following instances
without compliance with Section 5.1.2 (b) or 5.1.2 (c) provided there
is full compliance with Section 5.1.2 (a) and 5.1.2 (e):
(a) Smokeless flares or safety flares for the combustion of waste
gases provided other, remaining applicable conditions of
this regulation are met.
(b) Such other open burning as may be approved by the Air
Pollution Control Officer where there is no other practical,
safe, and lawful method of disposal.
(c) Fires set for the training and instruction of public or
private firefighting personnel including those in Civil
Defense.
(51.9) 5.2 Incinerator Design and Operation
5.2.1 No residential or commercial single-chamber incinerator shall be
used for the burning of refuse for a period in excess of 18 months
after the initial adoption date of these rules and regulations.
5.2.2 All new incinerators and all existing incinerators, within 18
months after the initial adoption date of these rules and regulations,
shall be multiple-chamber incinerators, provided that the Air Pollution
Control Officer may approve any other type of incinerator if it is
demonstrated such design provides equivalent performance.
5.2.3 No person shall operate or cause or permit the operation of any
incinerator at any time other than between the hours of 10:00 A.M. and
3:30 P.M. Central Standard Time. This restriction shall not apply to
incinerators having a refuse-burning capacity of five tons per hour or
more.
5.2.4 Incinerators shall be designed and operated in such manner as
is necessary to prevent the emission of objectionable odors.
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5.2.5 No person shall cause or permit to be emitted into the open air
from any incinerator, participate matter in the exhaust gases to
exceed 0.20 pounds per 100 pounds of refuse charged; provided that:
for incinerators of more than 50 tons per day charging rate, particulate
matter in the exhaust gases may not exceed 0.10 pounds per 100 pounds
of refuse charged.
5.2.6 Emission tests shall be conducted at maximum burning capacity
of the incinerator.
5.2.7 The burning capacity of an incinerator shall be the manufacturer's
or designer's guaranteed maximum rate or such other rate as may be
determined by the Air Pollution Control Officer in accordance with
good engineering practices. In case of conflict, the determination made
by the Air Pollution Control Officer shall govern.
5.2.8 For the purposes of this Part, the total of the capacities of
all furnaces within one system shall be considered as the incinerator
capacity.
5.2.9 Incinerator burning may be conducted at times other than those
specified in Section 5.2.3 as a condition of the permit to operate
or as a limited operation with authorization from the Air Pollution
Control Officer.
(51.9) 5.3 Incineration of Wood, Peanut, and Cotton Ginning Wastes
5.3.1 No person shall cause or permit to be emitted into the open air
from any incinerator which incinerates wood, peanut, or cotton
ginning wastes, particulate matter in the exhaust gases to exceed
0.40 pounds per 100 pounds of material charged.
5.3.2 Emission tests shall be conducted at a maximum burning capacity
of the incinerator.
5.3.3 The burning capacity of an incinerator shall be the manufacturer's
or designer's guaranteed maximum rate of such other rate as may be
determined by the Air Pollution Control Officer in accordance with
good engineering practices. In case of conflict, the determination
made by the Air Pollution Control Officer shall govern.
5.3.4 Each incinerator subject to this Part shall be properly
designed, equipped, and maintained for its maximum burning capacity,
and shall be equipped with a temperature recorder which shall be
operated continuously with the incinerator and the temperature
records shall be made available for inspection at the request of the
Air Pollution Control Officer, and shall either:
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(a) be equipped with an underfire forced air system, which
shall be electronically controlled to insure the optimum
temperature range for the complete combustion of the amount
and type of material waste being charged into the incinerator;
and a variable damper or
(b) consist of an all metal shell with refractory lining, circular
furnace, and a built-in cinder catching system for either re-
burning or other disposition; all primary combustion air
shall be supplied under pressure through nozzle openings
located around the periphery of the lower furnace; over-fire
air shall be provided under pressure through ports which
shall be directed downward and tangentially in the same
direction as the primary air; cinder collection shall be
accomplished by the provision of openings through the
shell located above the furnace section.
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(50.1) CHAPTER 6
CONTROL OF PARTICIPATE EMISSIONS
(50.1.2)6J_ Visible Emissions
6.1.1 Visible Emissions Restrictions for Stationary Sources
(a) No person shall discharge into the atmosphere from any
single source of emission whatsoever any air contaminant
of a shade or density darker than that designated as No. 1
on the Ringelmann Chart or 20 percent opacity.
(b) A person may discharge into the atmosphere from any single
source of emission for a period or periods aggregating not
more than three minutes in any 60 minutes contaminants
of a shade of density not darker than that designated as
No. 3 on the Ringelmann Chart or 60 percent opacity.
(c) The Air Pollution Control Officer may approve exceptions
to this Section for specific sources which hold permits
under Chapter 3; provided, however, such exceptions may
be made for startup, shutdown, load change, and rate
change or other short, intermittent periods of time upon
terms approved by the Air Pollution Control Officer and
made a part of such permit.
(d) The provisions of this Section shall not apply to combustion
sources in single-family and duplex dwellings where such
sources are used for heating or other domestic purposes.
6.1.2 Uncombined Water
Where the presence of uncombined water is the only reason for failure
of an emission to meet the requirements of this Part, such sections
shall not apply.
(50.1) 6.2 Fugitive Dust
6.2.1 No person shall cause, suffer, allow, or permit any materials to
be handled, transported, or stored; or a building, its appurtenances,
or road to be used, constructed, altered, repaired or demolished
without taking reasonable precautions to prevent particulate matter from
becoming airborne. Such reasonable precautions shall include, but not
limited to, the following:
(a) Use, where possible, of water or chemicals for control of dust
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in quarrying operation, the demolition of existing buildings
or structures, construction operations, the grading of roads
or the clearing of land;
(b) Application of asphalt, oil, water, or suitable chemicals on
dirt roads, materials stock piles, and other surfaces
which create airborne dusts;
(c) Installation and use of hoods, fans, and fabric filters
(or other suitable control devices) to enclose and vent
the handling of dusty materials. Adequate containment
methods shall be employed during sandblasting or other
similar operations.
6.2.2 Visible Emissions Restrictions Beyond Lot Line
No person shall cause or permit the discharge of visible fugitive dust
emissions beyond the lot line of the property on which the emissions
originate.
6.2.3 When dust, fumes, gases, mist, odorous matter, vapors, or any
combination thereof escape from a building or equipment in such a
manner and amount as to cause a nuisance or to violate any rule or
regulation, the Air Pollution Control Officer may order that the
building or equipment in which processing, handling and storage are
done be tightly closed and ventilated in such a way that all air
and gases and air or gas-borne material leaving the building or
equipment are treated by removal or destruction of air contaminants
before discharge to the open air.
(51.5) 6.3 Fuel Burning Equipment
6.3.1 No person shall cause or permit the emission of particulate
matter from fuel-burning equipment in excess of the amount shown in
Table 6-1 for the heat input allocated to such source. Interpolation
of the data in Table 6-1 for heat input values between 10 million
BTU/hr and 250 million BTU/hr shall be accomplished by the use of
the equation:
E=1.38H-°'44
where: E = Emissions in 1 fa/mill ion BTU
H = Heat Input in millions of BTU/hr
6.3.2 For purposes of this Part, the total heat input from all
similar fuel combustion units which discharge particulate matter
through a common stack at a plant or premises shall be used for
determining the maximum allowable emission of particulate matter.
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TABLE 6-1
ALLOWABLE PARTICULATE MATTER EMISSION BASED ON HEAT INPUT
Heat Input Allowable Emission
(millions of BTU/hr) Ob/million BTU)
1. .5
10. .5
20. .37
40. .27
60. .23
80. .20
100. .18
150. .15
200. .13
250. .12
1,000,000. .12
(50.1.1) 6.4 Process Industries - General
6.4.1 No person shall cause or permit the emission of particulate
matter in any one hour from any source in excess of the amount shown
in Table 6-2 for the process weight per hour allocated to such source.
Interpolation of the data in Table 6-2 for the process weight per hour
values up to 60,000 Ibs/hr shall be accomplished by use of the equation:
E = 3.59P0'62 P ^ 30 tons/hr
and interpolation and extrapolation of the data for process weight
per hour values equal to or in excess of 60,000 Ibs/hr shall be
accomplished by use of the equation:
E = 17.31P0'16 P > 30 tons/hr
where: E = Emissions in pounds per hour
P = Process weight per hour in tons per hour
6.4.2 Where the nature of any process or operation or the design
of any equipment is such as to permit more than one interpretation of
this Part, the interpretation that results in the minimum value
for allowable emission shall apply.
6.4.3 For purposes of this Part, the total process weight for all
similar process units at a plant or premises shall be used for
determining the maximum allowable emission of particulate matter
that passes through a stack or stacks.
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TABLE 6-2
ALLOWABLE PARTICIPATE MATTER EMISSION
BASED ON PROCESS WEIGHT RATE
Process Weight Rate Allowable Emission Rate
(Ib/hr) (Ib/hr)
100 0.56
500 1.52
1,000 2.34
5,000 6.33
10,000 9.76
20,000 14.97
60,000 29.83
80,000 31.23
120,000 33.33
160,000 34.90
200,000 36.1.7
1,000,000 46.79
(51.21) 6.5 Small Foundry Cupola
6.5.1 No person shall cause or permit the emission of participate
matter in any one hour from any small foundry cupola source in excess
of the amount shown in Table 6-3 for the process weight per hour
allocated to such source.
6.5.2 Where the nature of any process or operation or the design of
any equipment is such as to permit more than one interpretation of
this Part, the interpretation that results in the minimum value for
allowable emission shall apply.
6.5.3 For purposes of this Part, the total process weight from all
similar process units at a plant or premises shall be used for deter-
mining the maximum allowable emission of particulate matter that
passes through a stack or stacks.
6.5.4 Foundry .cupolas with a process weight rate greater than
50,000 pounds per hour shall be subject to the rules and regulations of
Section 6.4.
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TABLE 6-3
ALLOWABLE PARTICULATE MATTER EMISSION BASED ON PROCESS WEIGHT
RATE FOR SMALL FOUNDRY CUPOLAS
Process Weight Allowable Emission Rate
(Ib/hr) (Ib/hr)
1,000 3.05
2,000 4.70
3,000 6.35
4,000 8.00
5,000 9.58
6,000 11.30
7,000 12.90
8,000 14.30
9,000 15.50
10,000 . 16.65
12,000 18.70
16,000 21.60
18,000 23.40
20,000 25.10
30,000 31.30
40,000 37.00
50,000 42.40
(51.1) 6.6 Cotton Gins
6.6.1 No person shall cause or permit the emission of participate
matter in any one hour from any cotton gin operation in excess of the
amount shown in Table 6-4 for the process weight per hour allocated
to such operation. Particulate matter emissions subject to this
Part include process emissions and incinerator emissions if any;
provided, however, that this shall in no way relieve or affect the
application of Chapter 5 to open burning and incineration at cotton
gin operations.
6.6.2 Where the nature of any process or operation or the design
of any equipment is such as to permit more than one interpretation
of this Part, the interpretation that results in the minimum value
for allowable emission shall apply.
6.6.3 For purposes of this Part, the total process weight from
all similar process units at a plant or premises shall be used for
determining the maximum allowable emission of particulate matter that
passes through a stack or stacks.
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TABLE 6-4
ALLOWABLE PARTICULATE MATTER EMISSION BASED
ON PROCESS WEIGHT RATE FOR COTTON GINS
Process Weight
Rate
(Ib/hr)
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
Allowable
Emission Rate
(Ib/hr)
1.6
2.4
3.1
3.9
4.7
5.4
6.2
7.7
9.2
10.7
12.2
Process Weight
Rate
(Ib/hr)
9,000
10,000
12,000
14,000
16,000
18,000
20,000
30,000
40,000
50,000
60,000 or more
Allowable
Emission Rate
(Ib/hr)
13.V7
15.2
18.
21.
24.
27.2
30.
44.
59.
64.0
67.4
.1
.9
.7
(50.6) 6.7 Regulation of Odors in the Ambient Air
6.7.1 An odor will be deemed "objectionable" when it causes, or is
capable of causing, intermittently or continuously unpleasant or
offensive stimuli to the sense of smell of persons of ordinary
sensibilities, when located beyond the property line of the premises
upon which the source is located.
6.7.2 No person shall create, cause, establish, or allow, any new
emission source which causes "objectionable" odor as defined herein,
beyond the property line upon which the emission source is located.
6.7.3 No emission source existing on the effective date of these
regulations shall be deemed to violate this provision, and no new
emission source shall be deemed to violate this provision if the emis-
sions from same are diluted with odor-free air in such a way as to
prevent it from being "objectionable" as defined herein at all points
beyond the property line of the emission source.
(51.14) 6^8 Kraft Pulp Mills
6.8.1 Applicability
This Part applies to manufacturing facilities for the pulping of wood
and the preparation and recovery of associated chemicals by the kraft
process, including combined recovery systems serving other processes
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such as neutral sulfite pulping.
6.8.2 No person shall cause or permit the emission of particulate
matter from any kraft pulp mill in excess of the amounts provided as
follows:
(a) From all recovery furnaces, not more than 4.0 pounds per
ton of pulp.
(b) From all smelt dissolver vents, not more than 0.5 pounds
per ton.
(c) From all lime kilns, not more than 1.0 pounds per ton of
pulp.
6.8.3 The pulp production rates for kraft mills referred to in
this Part shall be tons of unbleached air-dried kraft pulp.
6.8.4 Notwithstanding the specific limits set forth in this Part,
in order to maintain the lowest possible emission of air contaminants,
the highest and best practicable treatment and control for particulate
matter currently available shall be provided for new kraft pulp mills.
(51.20) 6-9 Mood Waste Boilers
6.9.1 Applicability
This Part applies to boilers and other indirect heat exchangers
using not less than 30% wood wastes or wood by-products as fuel
measured by heat input.
6.9.2 No person shall cause or permit the emission of particulate
matter from any existing wood waste boilers in excess of 0.30 grains
per standard dry cubic foot adjusted to 50% excess air. Provided
that: for any existing wood waste boiler which must be modified in
order to meet the emission limitations of this Part, no person
shall cause or permit the emission of particulates in excess of:
(a) 0.17 grains per standard dry cubic foot, adjusted to
50% excess air, for combination gas and wood waste boilers.
(b) 0.20 grains per standard dry cubic foot, adjusted to
50% excess air, for combination oil and wood waste boilers.
(c) 0.23 grains per standard dry cubic foot, adjusted to 50%
excess air for combination coal and wood waste boilers.
(d) 0.20 grains per standard dry cubic foot, adjusted to 50%
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excess air, for boilers using woods wastes only.
(51.2) 6.10 Coke Ovens
6.10.1 Applicability
The provisions of this Part shall apply to all coke ovens. Each
coke oven shall be considered as an individual oven.
6.10.2 Unloading
Every person operating coke ovens shall apply all reasonable measures
to prevent dust emissions from coal unloading and storage.
6.10.3 Charging
No person shall cause or permit charging of coal or other solid
material to a coke oven that will result in an emission of air
contaminants of an opacity greater than 40 percent or No. 2 on the
Ringelmann Chart, other than that caused by uncombined water, for
more than 5 minutes per coking cycle.
6.10.4 Coking
(a) Every person operating coke ovens shall maintain the coke
oven equipment in good condition and exercise good operating
practice to minimize emissions during coke production
operations.
(b) No person shall cause or permit the emissions of air
contaminants from a coke oven during coking of an opacity
equal to or greater than 40 percent or No. 2 on the Ringel-
mann Chart, other than that caused by uncombined water.
(c) All coke oven doors shall be operated by properly cleaning
and resealing the doors after their respective ovens are
pushed so as to minimize emissions.
(d) Every person operating coke ovens shall build and maintain
on the plant premises a facility to maintain and promptly
and efficiently repair coke oven doors, and shall maintain
an inventory of coke oven doors of not less than one door
per twelve coke ovens operated.
6.10.5 Pushing
No person shall cause or permit pushing of coke from which will result
an emission of air contaminants of an opacity greater than 40 percent
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or No. 2 on the Ringelmann Chart, other than that caused by uncombined
water, for more than one (1) minute per coking cycle.
6.10.6 Quenching
No person shall operate a coke oven plant without baffles installed
and operating in the quench towers. Water used for quenching must
be clear water of a quality approved by the Air Pollution Control
Officer and no water used for quenching may be contaminated. Quenching
operations using a closed recycling system must use clear water, of
a quality approved by the Air Pollution Control Officer, for makeup.
6.10.7 The provisions of this Part apply to all existing coke
ovens. It is recognized that these regulations are imperfect in
controlling emissions from coke ovens, although they can contribute
to significant lowering of air pollution. It is expected that, as
the state-of-the-art in coke oven control technology develops, more
stringent emission limitations will be prescribed. Many of Alabama's
coke ovens have been operated since the turn of the century and,
in many cases, the age and condition of the existing coke ovens
preclude the installation of the state-of-the-art control devices.
These older ovens should be retired from service as soon as economically
possible.
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(50.2) CHAPTER 7
CONTROL OF'SULFUR COMPOUND EMISSIONS
(51.6) 7.1 Fuel Combustion
7.1.1 No person shall cause or permit the operation of a fuel burning
installation in such a manner that sulfur oxides, measured as sulfur
dioxide, are emitted in excess of 1.2 pounds per million BTU heat input.
7.1.2 For purposes of this Part, the total heat input from all similar
fuel combustion units at a plant or premises shall be used for determining
the maximum allowable emission of sulfur dioxide that passes through a
stack or stacks.
7.1.3 No person shall cause or permit the emission or combustion of
any refinery process gas stream or any other process gas stream that
contains H£S in concentrations greater than 150 ppm without removal of
the hydrogen sulfide in excess of this concentration.
(51.18) 7.2 Sulfuric Acid Plants
No person shall cause or permit sulfur dioxide tail gas emissions from
sulfuric acid manufacturing plants to exceed 6.5 Ib/ton of 100 percent
sulfuric acid produced. The tail gas acid mist emissions are not to
exceed 0.5 Ib/ton of sulfuric acid produced and the sulfur trioxide
emissions are not to exceed 0.2 Ib/ton of sulfuric acid produced.
(51.19) 7.3 Sulfur Recovery Plants
7.3.1 No person shall cause or permit the sulfur oxide emission from
any existing sulfur recovery plant recovering sulfur from natural gas
to exceed 0.16 pounds per pound of sulfur processed.
7.3.2 Except as provided by Section 7.3.1, no person shall cause or
permit the sulfur oxide emission from a sulfur recovery plant to
exceed 0.08 pounds per pound of sulfur processed.
(51.14) 7.4 Kraft Pulp Mills
7.4.1 Applicability
This part applies to manufacturing facilities for the pulping of wood
and the preparation and recovery of associated chemicals by the kraft
process, including combined recovery systems serving other processes
such as neutral sulfite pulping.
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7.4.2 No person shall cause or permit the emissions of total reduced
sulfur (TRS) from recovery furnaces, lime kilns, digesters, and
multiple effect evaporators to exceed 1.2 pounds (expressed as hyrdogen
sulfide on a dry gas basis) per ton of air-dried pulp from kraft pulp
mi 11 s.
7.4.3 The pulp production rates for kraft pulp mills referred to in
this part shall be calculated as provided in paragraph 6.8.3.
7.4.4 Notwithstanding the specific limits set forth in this Part,
in order to maintain the lowest possible emission of air contaminants,
the highest and best practicable treatment and control for TRS
currently available shall be provided for new kraft pulp mills.
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(50.4) CHAPTER 8
CONTROL OF HYDROCARBON EMISSIONS
^.J_ Storage of Volatile Organic Materials
8.1.1 No person shall place, store, or hold in any stationary tank
reservoir or other container of more than 60,000 gallons capacity any
volatile organic compounds unless such tank, reservoir, or other
container is a pressure tank capable of maintaining working pressures
sufficient at all times to prevent vapor or gas loss to the atmosphere
or is designed, and equipped with one of the following vapor loss
control devices:
(a) A floating roof, consisting of a pontoon type, double deck
type roof or internal floating cover, 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. This control equipment shall not be permitted if the
volatile organic compounds have a vapor pressure of 11.0
pounds per square inch absolute (568 mm Hg) or greater under
actual storage conditions. All tank gauging or sampling devices
shall be gas-tight except when tank gauging or sampling is
taking place.
(b) A vapor recovery system, consisting of a vapor gathering system
capable of collecting the volatile organic compound vapors
and gases discharged and a vapor disposal system capable of
processing such volatile organic 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.
(c) Other equipment or means of equal efficiency for purposes of
air pollution control as may be approved by the Air Pollution
Control Officer.
(d) No person shall place, store or hold in any new stationary
storage vessel more than 1000-gallon capacity any volatile
organic compound unless such vessel is equipped with a permanent
submerged fill pipe or is a pressure tank as described in
paragraph (a) above, or is fitted with a system as described
in paragraph (b) above. Existing stationary storage vessels
shall employ portable submerged fill pipes or be equipped
with permanent submerged fill pipes.
8.1.2 This Part shall not apply to crude petroleum produced, separated,
treated or stored in the field.
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(51.16) 8.2 Volatile Organic Materials Loading Facilities
8.2.1 No person shall load any volatile organic compounds into any
tank, truck, or trailer from any terminal or bulk storage facility
handling more than 50,000 gallons per day unless such terminal or
facility is equipped with a vapor collection and disposal system,
or its equivalent, properly installed, in good working order,
or has in operation a loading system which will result in a 95
percent submerged fill either with a submerged fill pipe or by
loading from the bottom.
8.2.2 No person shall load any volatile organic compounds into any
tank, truck, or trailer having a capacity in excess of 200 gallons,
unless such loading facility is equipped as set forth in paragraph
8.2.1. Where the vapor collection and disposal system is utilized,
the loading arm shall be equipped with a vapor collection adaptor,
pneumatic, hydraulic, or other mechanical means which will provide
a vapor-tight seal between the adaptor and the hatch. A means shall
be provided to prevent liquid organic compounds drainage from the
loading device when it is removed from the hatch of any tank, truck
or trailer. When loading is effected through means other than the
hatches, all loading lines shall be equipped with fittings which make
vapor-tight connections and which close automatically when disconnected.
8.2.3 This Part shall not apply to crude petroleum, produced, separated,
treated or stored in the field.
(51.16) 8.3 Volatile Organic Compound Hater Separator
8.3.1 No person shall use any compartment of any single or multiple
compartment volatile organic compound water separation which receives
effluent water containing 1,000 gallons a day or more of any volatile
organic compound from processing, refining, treating, storing, or
handling volatile oraganic compounds unless such compartment 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.
(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 be
equipped with a closure seal or seals to close the space
between the roof edge and container wall. All gauging and
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sampling devices shall be gas-tight except when gauging
or sampling is taking place.
(c) A container equipped with a vapor recovery system consisting
of a vapor gathering system capable of collecting the hydro-
carbon vapors and gases discharged and a vapor disposal
system capable of processing such hydrocarbon vapors and
gases so as to prevent their emission to the atmosphere
and with all container gauging and sampling devices gas-
tight except when gauging or sampling is taking place.
(d) A container having other equipment of equal efficiency for
purposes of air pollution control as may be approved by
the Air Pollution Control Officer.
(51.16) 8.4 Pumps and Compressors
All new pumps and compressors handling volatile organic compounds
shall have mechanical seals or other equipment of equal efficiency
for purposes of air pollution control as may be approved by the
Air Pollution Control Officer.
(51.21) 8J Waste Gas Disposal
8.5.1 No person shall emit a waste gas stream from any ethylene
producing plant into the atmosphere unless the waste gas stream is
properly burned at 1,300 F for 0.3.seconds or greater in a direct-
flame afterburner equipped with an indicating pyrometer which is
positioned in the working area at the operator's eye level or an
equally effective catalytic vapor incinerator also with pyrometer.
(50.4) 8.6 Organic Solvents
8.6.1 A person shall not discharge into the atmosphere more than
15 pounds of organic materials in any one day, nor more than 3
pounds in any one hour, from any article, machine, equipment or other
contrivance in which any 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, unless said discharge
has been reduced by at least 85 percent. Those portions of any
series of articles, machines, equipment or other contrivances
designed for processing a continuous web, strip or wire which emit
organic materials and using operations described in this section shall
be collectively subject to compliance with this section.
8.6.2 A person shall not discharge into the atmosphere more than
40 pounds of organic materials in any one day, nor more than 8
pounds in any one hour, from any article, machine, equipment, or other
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contrivance used under conditions other than described in
Section 8.6.1 for employing, or applying any photochemically
reactive solvent, as defined in Section 8.6.9, or material
containing such photochemically reactive solvent, unless said
discharge has been reduced by at least 85 percent. Emissions
of organic materials into the atmosphere resulting from air
or heated drying of products for the first 12 hours after
their removal from any article, machine, equipment, or other
contrivance described in this section shall be included in
determining compliance with this section. Emissions resulting
from baking, heat-curing, or heat-polymerizing as described
in Section 8.6.1 shall be excluded from determination of
compliance with this section. Those portions of any series
of articles, machines equipment or other contrivances designed
for processing a continuous web, strip, or wire which emit
organic materials and using operations described in this
section shall be collectively subject to compliance with this
section.
8.6.3 Emissions of organic materials to the atmosphere from the
cleanup with photochemically reactive solvents, as defined in Section
8.6.2 of any article, machine, equipment or other contrivance described
in Sections 8.6.1 or 8.6.2, shall be included with the other emissions
of organic materials from that article, machines, equipment, or other
contrivance for determining compliance with this rule.
8.6.4 Emissions of organic materials into the atmosphere required
to be controlled by Sections 8.6.1 and 8.6.2, shall be reduced by:
(a) Incineration, provided that 90 percent or more of the carbon
in the organic material being incinerated is oxidized to
carbon dioxide, or
(b) Adsorption, or
(c) Processing in a manner determined by the Air Pollution
Control Officer to be not less effective than paragraphs
(a) or (b) above.
8.6.5 A person incinerating, adsorbing, or otherwise processing organic
materials pursuant to this Part shall provide, properly install, and
maintain in calibration, in good working order and in operation,
devices as specified in the permit to construct or the permit to
operate, or as specified by the Air Pollution Control Officer, for
indicating temperatures, pressures rates of flow, or other operating
conditions necessary to determine the degree and effectiveness of air
pollution control.
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8.6.6 Any person using organic solvents or any materials containing
organic solvents shall supply the Air Pollution Control Officer, upon
request and in the manner and form prescribed by him, written evidence
of the chemical composition, physical properties, and amount consumed
for each organic solvent used.
8.6.7 The provisions of this Part shall not apply to:
(a) The manufacture of organic solvents, or the transport or
storage of organic solvents or materials containing
organic solvents.
(b) Paint spray booth installations.
(c) The employment, application, evaporation or drying of
saturated halogenated hydrocarbons or organic compounds
in which all olefinic groups contain 3 or more halogen atoms.
(d) The use of any material in any article, machine or equipment
described in Sections 8.6.1, 8.6.2, or 8.6.3, if:
(1) The volatile content of such material consists only
of water and organic solvents, and
(2) The organic solvents comprise not more than 20 percent
of said volatile content, and
(3) The volatile content is not photochemically reactive
as defined in Section 8.6.9.
(e) Coatings applied to permanently located structures or surfaces.
8.6.8 For the purposes of this Part, organic solvents include
diluents and thinners and are defined as organic materials which
are liquids at standard conditions and which are used as dissolvers,
viscosity reducers, or cleaning agents.
8.6.9 For the purposes of this Part, a photochemically reactive solvent
is any solvent with an aggregate of more than 20 percent of its total
volume composed of the chemical compounds classified below or which
exceeds any of the following individual percentage composition
limitations, referred to the total volume of solvent:
(a) A combination of hydrocarbons, alcohols, adehydes, esters,
ethers, or ketones having an olefinic or cyclo-olefinic
type of unsaturation: 5 percent;
(b) A combination of aromatic compounds with eight or more
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carbon atoms to the molecule except ethyl benzene: 8 percent.
(c) A combination of ethylbenzene, ketones having branched
hydrocarbon structures, or toluene: 20 percent.
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.
8.6.10 For the purposes of this Part, organic materials are defined
as chemical compounds of carbon excluding carbon monoxide, carbon
dioxide, carbonic acid, metallic carbides, metallic carbonates,
and ammonium carbonate.
(51.21) 8.7. Disposal and Evaporation of Solvents
A person shall not, during any one day, dispose of a total of more
than 1.5 gallons of any photochemically reactive solvent, as defined
in Section 8.6.9, or of any material containing more than 1.5 gallons
of any such photochemically reactive solvent by any means which will
permit the evaporation of such solvent into the atmosphere.
8.8 The provisions of this Chapter (8) shall apply to all new
tanks, reservoirs, other containers, storage vessels, terminals,
bulk storage facilities, loading facilities, and volatile organic
compound water separators, and other sources which are constructed,
or otherwise come into being, after the date of initial adoption of
this Chapter, without regard to their location.
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(50.5) CHAPTER 9
CONTROL OF CARBON MONOXIDE EMISSIONS
9.1 No person shall emit the carbon monoxide gases generated during the
operation of a grey iron cupola, blast furnace, or basic oxygen steel
furnace unless they are burned at 1300 F for 0.3 seconds or greater
in a direct flame afterburner or equivalent device equipped with an
indicating pyrometer which is positioned in the working area at the
operator's eye level.
9.2 No person shall emit carbon monoxide waste gas stream from any
catalyst regeneration of a petroleum cracking system, petroleum
fluid coker, or other petroleum process into the atmosphere, unless
the waste gas stream is burned at 1300 F for 0.3 seconds or greater in
a direct-flame afterburner or boiler equipped with an indicating pyrometer
which is positioned in the working area at the operator's eye level.
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(50-3) CHAPTER 10
CONTROL OF NITROGEN OXIDES EMISSIONS
(51.7) 10.1 New Combustion Sources
10.1.1 No person shall cause or permit emissions of nitrogen oxides
from a new gas-fired boiler with a capacity of 250 million BTU/hr or
more in excess of 0.20 pounds per million BTU of heat input per hour.
10.1.2 No person shall cause or permit emissions of nitrogen oxides
from a new oil-fired boiler with a capacity of 250 million BTU/hr or
more in excess of 0.30 pounds per million BTU of heat input per hour.
10.1.3 No person shall cause or permit emission of nitrogen oxides
from a new coal-fired boiler with a capacity of 250 million BTU per
hour or more in excess of 0.7 pounds per million BTU of heat input
per hour.
T_0.1:4 For purposes of this Part, the total heat input from all
similar fuel combustion units at a plant or premises shall be used
for determining the maximum allowable emission of nitrogen oxides
that passes through a stack or stacks.
(51.10) 10.2 Nitric Acid Manufacturing
No person shall cause or permit the emission of nitrogen oxides
calculated as nitrogen dioxide, from nitric acid manufacturing plants
in excess of 5.5 pounds per ton of 100 percent acid produced.
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(12.0) CHAPTER 11
CONTROL OF EMISSIONS FROM MOTOR VEHICLES
(12.0)
(50 1 2) "*"*"* Visible Emission Restrictions for Motor Vehicles
11.1.1 No persons shall cause or permit the emission of visible
air contaminants from gasoline-powered motor vehicles, operated upon
any street, highway, or other public place, for longer than 5
consecutive seconds.
11.1.2 No person shall cause or permit the emission of visible air
contaminants from diesel-powered motor vehicles and other movable sources,
of a shade or density greater than 20 percent opacity for longer than
5 consecutive seconds.
11.1.3 Uncombined Water
Where the presence of uncombined water is the only reason for failure of
an emission to meet the requirements of this Part, such section shall
not apply.
(12.0) 11.2 Ignition System and Engine Speed
All 1968 and subsequent model year gasoline powered motor vehicles shall
be maintained so as to be in compliance with the following requirements.
11.2.1 The number of revolutions per minute of an engine while
operating at idle speed shall be in accordance with the specifications
and determined under conditions published by the manufacturer, but
in no case shall the idle speed be less than the minimum specified
in such published specifications. Revolutions per minute shall be
tested for accuracy and precision at reasonable intervals.
11.2.2 Ignition timing of an engine shall comply with the published
specifications of the manufacturer as determined in accordance with
procedures and conditions specified by the manufacturer.
11.2.3 All cylinders shall be firing.
(12.0) 11.3 Crankcase Ventilation Systems
The positive crankcase ventilation system on all 1968 and subsequent
model year gasoline powered motor vehicles, except motorcycles and motor
tricycles, and all 1969 and subsequent model year gasoline powered
motor vehicles, including motorcycles and motor tricycles, shall meet
the following requirements:
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11.3.1 The plumbing and connections shall be properly connected as
installed by the manufacturer and free of obstructions and leakage.
11.3.2 There shall be a negative pressure (suction) at the inlet
of the crankcase ventilation valve.
11.3.3 The crankcase ventilation valve shall be freely operative so as
to regulate the flow of gases through the system.
(12.0) 11.4 Exhaust Emission Control Systems
11.4.1 Air Injection System
Exhaust emission control air injection systems on those gasoline
powered motor vehicles so equipped by the manufacturer shall operate so
that:
(a) The air delivery hoses, connections, and air distribution
manifold shall be properly connected as installed by the
manufacturer and free of obstructions and leakage.
(b) The air compressor drive belt tension shall be within
manufacturer's specifications.
(c) There is a positive air flow from the air pump to the air
delivery distribution manifold.
(d) The check valve prevents any reverse air flow from the
air distribution manifold out through the check valve inlet.
(e) The anti-backfire valve, gulp-valve, air bypass valve, or
other similar device with the same function permits the passage
of air from the air pump to the exhaust manifold or manifolds,
except when the carburetor throttle is closed rapidly from an
open position as in deceleration.
11.4.2 Engine Modification Systems
All vacuum control valves, vacuum lines, mechanical linkage, electrical
circuits and switches peculiar to certain engine modification systems
shall be properly connected as installed on all 1968 and subsequent
model year gasoline powered motor vehicles so equipped by the manufacturer.
11.4.3 Other Exhaust Emission Control Systems
Any other exhaust emission control system, other than air injection
or engine modification, which is installed or incorporated in a
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motor vehicle in compliance with Federal motor vehicle pollution
control regulations shall be maintained in good operable conditions
as specified by the manufacturer and shall be used at all times that
the motor vehicle is operated.
11.4.4 The requirements of this Part shall apply to all gasoline
powered motor vehicles with the following exceptions:
(a) Vehicles of 1967 or earlier model year.
(b) Vehicles not equipped by the manufacturer with exhaust
emission control air injection systems.
(c) Motor vehicles with an engine displacement of less than
50 cubic inches (819.35 cubic centimeters).
(12.0) 11.5 Evaporative Loss Control Systems
The evaporative loss control systems or devices designed and installed
on 1972 and subsequent model year gasoline powered motor vehicles
shall be maintained in an operable condition such that the system
or device continues 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.
(2.0) 11.6 Other Prohibited Acts
In addition to the other strictures contained in this Chapter, no
person shall cause, suffer, allow, or permit the removal, disconnection,
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
purpose of any such motor vehicle pollution control device by installing
therein or thereto any part or component which is not a comparable
replacement part or component of the device. Provided that:
11.6.1 The components or parts of emission control systems on
motor vehicles may be disassembled or reassembled for the purpose of
repair and maintenance in proper working order.
11.6.2 Components and parts of emission control systems may be removed
and replaced with like components and parts intended by the manufacturer
for such replacement.
11.6.3 The provisions of this Part shall not apply to salvage
operations on wrecked motor vehicles when the engine is so damaged
that it will not be used again for the purpose of powering a motor
vehicle on a highway.
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(2.0) 11.7 Effective Date
The provisions of this Chapter shall become effective immediately
upon their adoption and promulgation.
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JEFFERSON COUNTY BOARD OF HEALTH
AIR POLLUTION CONTROL RULES AND REGULATIONS
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(2.0) CHAPTER 1
GENERAL PROVISIONS
(2.0) 1.1 Declaration of Policy and Purpose
1.1.1 It is hereby declared to be the public policy of the Jefferson
County Board of Health and the purpose of these regulations to achieve
and maintain such levels of air quality as will protect human health
and safety, and to the greatest degree practicable, prevent injury
to plant and animal life and property, foster the comfort and convenience
of the people, promote the social development of Jefferson County
and facilitate the enjoyment of the natural attractions of this County.
1.1.2 To these ends it is the purpose of these regulations to provide
for a coordinated program of air pollution prevention, abatement and
control in Jefferson County; to facilitate cooperation with the
Alabama Air Pollution Control Commission and its technical staff; and
to provide a framework consistent with Act 769, Alabama Legislature,
Regular Session 1971, within which all values may be balanced in the
public interest.
(2.0) 1.2 Structure and Numbering of Rules and Regulations
1.2.1 Title and Scope
The provisions contained in these rules and regulations shall be known
and may be cited as the Jefferson County Air Pollution Control Rules
and Regulations, and shall apply to all activities and all persons
in Jefferson County, Alabama, including Federal activities.
1.2.2 Chapters
The normal division of these rules and regulations are chapters,
which should encompass a broad subject matter. Chapters are numbered
consecutively in Arabic throughout the rules and regulations.
1.2.3 Parts
The normal division of chapters are parts. A part should be devoted
to a specific subject matter within a chapter. Parts are numbered
consecutively in Arabic throughout each chapter and shall include the
number of the chapter set off by a decimal point. Thus, the part
number for part 15 within Chapter 3 is 3.15.
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1.2.4 Sections
The normal divisions of parts are sections. The section is the
basic unit of these rules and regulations. Sections are numbered
consecutively in Arabic throughout each part and shall include the
numbers of the part set off by a decimal point. Thus, the section
number for Section 26 of Part 3.15 is 3.15.26.
1.2.5 Internal Division of Sections
Whenever internal divisions are necessary, sections shall be subdivided
into paragraphs, paragraphs into subparagraphs, and subparagraphs
into subdivisions, designated as follows:
Terminology: Illustrative Symbol:
Paragraph (a)
Subparagraph (1)
Subdivision (i)
1.2.6 Promulgation Procedure
All requirements and provisions subject to inclusion in these rules and
regulations shall be drafted as amendments to the Jefferson County
Air Pollution Control Rules and Regulations and prepared in accordance
with the provisions of this part and with, insofar as it applies and
does not conflict with this part, the provisions of Part 17 or Title 1
of the Code of Federal Regulations, as the same may be amended or
revised.
(1.0) 1.3 Definitions
As used in these rules and regulations, terms shall have the meanings
ascribed in this part.
"Act" shall mean the Alabama Air Pollution Control Act of 1971,
Act No. 769, Regular Session, 1971.
"Air Contaminant" shall mean any solid, liquid, or gaseous matter,
any odor, or any combination thereof, from whatever source.
"Air Pollution" shall mean the presence in the outdoor atmosphere of
one or more air contaminants in such quantities and duration as are,
or tend to be, injurious to human health or welfare, animal or
plant life, or property, or would interfere with the enjoyment of life
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or property throughout the County and in such territories of the County
as shall be affected thereby.
"Air Pollution Emergency" shall mean a situation in which meteorological
conditions and/or contaminant levels in the ambient air reach or exceed
the levels which may cause imminent and substantial endangerment to
health.
"Board" shall mean the Jefferson County Board of Health.
"Chairman" shall mean the Chairman of the Jefferson County Board of
Health.
"Commenced" shall mean that an owner or operator has undertaken a
continuous program of construction or modification or that an owner
or operator has entered into a binding agreement or contractual
obligation to undertake and complete, within a reasonable time, a
continuous program of construction or modification.
"Commission" shall mean the "Air Pollution Control Commission
of the State of Alabama established by the Act.
"Construction" shall mean fabrication, erection, or installation of an
affected facility.
"Control" shall mean any device which has the function of controlling
the emissions from a process, fuel-burning, or refuse-burning device
and thus reduces the creation of, or the emission of, air contaminants
into the atmosphere, or both.
"Control Regulation" shall mean a legally enforceable emission control
strategy.
"Control Strategy" shall mean a collection of various emission standards
selected for the different categories of sources.
"County" shall mean Jefferson County, Alabama.
"Director" shall mean the Director of the Bureau of Environmental Health
of the Jefferson County Department of Health, or in his absence, the
Assistant Director of the Bureau of Environmental Health.
"Effluent Water Separator" shall mean any tank, box, sump, or other
container in which any volatile organic 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.
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"Emission" shall mean a release into the outdoor atmosphere of air
contaminants.
"Existing Source" shall mean any source in operation or on which
construction has commenced on the date of initial adoption of an applicable
rule or regulation; except that any existing source which has undergone
modification after the date of initial adoption of an applicable rule
or regulation, shall be reclassified and considered a new source.
"Federal Act" shall mean the Clean Air Act (42 U.S.C. 1857 et seq.) as
last amended, and as may hereafter be amended.
"Fuel-Burning Equipment" shall mean any equipment, device, or contrivance
and all appurtenances thereto, including ducts, breechings, fuel-feeding
equipment, ash removal equipment, combustion controls, stacks and
chimney, used primarily, but not exclusively, to burn any fuel for the
purpose of indirect heating in which the material being heated is
not contacted by and adds no substance to the products of combustion.
"Fugitive Dust" shall mean solid air-borne particulate matter emitted
from any source other than a flue or stack.
"Health Officer" shall mean the Health Officer of the Jefferson County
Department of Health or his designee.
"Heat Available" shall mean the aggregate heat content of all fuels
whose products of combustion pass through a stack or stacks.
"Incinerator" shall mean any equipment, device or contrivance and all
appurtenances thereof used for the destruction by burning of solid,
semi-solid, liquid, or gaseous combustible wastes.
"Maximum Process Weight Per Hour" shall mean the equipment manufacturer's
or designer's guaranteed maximum (whichever is greater) process
weight per hour.
"Model Year" shall mean the annual production period of new motor
vehicles designated by the calendar year in which such period ends,
provided that if the manufacturer does not so designate vehicles manu-
factured by him, the model year with respect to such vehicles shall
mean the twelve month period beginning January 1 of the year specified
herein.
"Modification" shall mean any physical change in, or change in the
method of operation of, an affected source which increases the amount
of any air contaminant (to which a rule or regulation applies) emitted
by such source or which results in the emission of any air contaminant
(to which a rule or regulation applies) not previously emitted,
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except that:
(a) Routine maintenance, repair, and replacement shall not be
considered physical changes, and
(b) The following shall not be considered a change in the method
of operation:
(1) An increase in the production rate;
(2) An increase in hours of operation;
(3) Use of an alternative fuel or raw material
"Motor Vehicle" shall mean every self-propelled device in or upon or by
which, any person or property is, or may be transported or drawn
upon a public highway.
"New Source" shall mean any source built or installed on or after the
date of initial adoption of an applicable rule or regulation and any
source existing at said stated time which later undergoes modification.
Any source moved to.another premise involving a change of location after
the date of initial adoption of an applicable rule or regulation shall
be considered a new source.
"Odor" shall mean smells or aromas which are unpleasant to persons,
or which tend to lessen human food and water intake, interfere with sleep,
upset appetite, produce irritation of the upper respiratory tract,
or cause symptoms of nausea, or which by their inherent chemical or
physical nature, or method of processing, are, or may be detrimental
or dangerous to health. Odor and smell are used interchangeably herein.
"Opacity" shall mean the obscuration to an observer's view produced by
smoke of any color that is equivalent to an obscuration by smoke of a
shade specified in the Ringelmann Smoke Chart published by the United
States Bureau of Mines.
"Open Burning" shall mean the burning of any matter in such a manner that
the products of combustion resulting from the burning are emitted
directly into the ambient air without passing through an adequate
stack, duct, or chimney.
"Operating time" shall mean the number of hours per year that a source
conducts operations.
"Owner or Operator" shall mean any person who owns, leases, operates,
controls, or supervises an affected facility, article, machine, equipment,
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or other contrivance, or source.
"Participate Matter" shall mean finely divided material, except uncombined
water which is a liquid or solid at standard conditions of temperature
at 70 F and pressure at 14.7 pounds per square inch absolute.
"Person" means the State, any individual partnership, firm, association,
municipality, public or private corporation or institution, political
subdivision or agency of the State, including any Environmental Improve-
ment Authority established pursuant to Act Number 1117, Regular Session
of 1969 (General Acts 1969, p. 2060), any trust, estate, or any other
legal entity and any successor, representative, agent, or agency of the
foregoing, the United States or any department, agency or instrumentality
of the executive, legislative or judicial branches of the Federal
Government.
"Process" shall mean any action, operation, or treatment of materials,
including handling and storage thereof, which may cause discharge of an
air contaminant, or contaminants, into the atmosphere, but excluding
fuel burning and refuse burning.
"Process Weight Per Hour" shall mean the total weight of all materials
introduced into any specific process that may cause any discharge of
particulate matter. Solid fuels charged will be considered as part of
the process weight, but liquid and gaseous fuels and combustion air
will not. For a cyclical or batch operation, the process weight per
hour will be derived by dividing 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 equipment is idle. For a continuous operation, the process weight
per hour will be derived by dividing the process weight for a typical
period of time by that time period.
"Refuse" shall mean matter consisting of garbage, rubbish, ashes, street
debris, dead animals, abandoned vehicles, industrial wastes, demolition
wastes, construction wastes, special wastes, or sewage treatment
residue.
"Ringelmann Chart" shall mean the chart published and described in U.S.
Bureau of Mines Information Circular 8333.
"Smoke" shall mean gas-borne particles resulting from incomplete combus-
tion, consisting predominantly, but not exclusively, of carbon, ashes,
or other combustible material.
"Soiling Index" shall mean a measure of the soiling properties of
suspended particles in air determined by drawing a measured volume of
air through a known area of Whatman No. 4 filter paper for a measured
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period of time, expressed as COHs/1,000 linear feet.
"Source" shall mean any building, structure, facility, installation,
article, machine, equipment, device, or other contrivance which emits
or may emit any air contaminant. Any activity which utilizes abrasives
or chemcials for cleaning or any other purpose (such as cleaning the
exterior of buildings) which emits air contaminants shall be considered
a source.
"Stack or ducts" shall mean any flue duct, or other contrivance arranged
to conduct emission to the open air.
"Startup" shall mean the setting in operation of an affected source for
any purpose.
"State" shall mean the state of Alabama.
"Submerged Fill Pipe" shall mean any fill pipe, the discharge opening
of which is entirely submerged when the liquid level is 6 inches above
the bottom of the tank; or when applied to a tank which is loaded from
the side, shall mean any fill pipe, the discharge opening of which is
entirely submerged when the liquid level is two times the fill pipe
diameter, in inches, above the bottom of the tank.
"Total Reduced Sulfur (TRS)" shall mean hydrogen sulfide, mercaptans,
dimethyl sulfide, dimethyl disulfide, and any other organic sulfides
present.
"Uncombined Water" shall mean any water droplets or water vapor
condensate that does not contain any other solid or liquid particulate
matter attached to the water droplets.
"Volatile Organic Compounds" shall mean any compound containing carbon
and hydrogen or containing carbon and hydrogen in combination with any
other element which has a vapor pressure of 1.5 pounds per square
inch absolute or greater under actual storage conditions.
(2.0) 1.4 Air Pollution Control Program
There is hereby created within the Bureau of Environmental Health
of the Jefferson County Department of Health an Air Pollution
Control Program. The Director of the Bureau of Environmental Health
shall administer these regulations and the program under the direction
of the Health Officer.
(2.0) 1.5 Powers and Duties of the Health Officer. The Health Officer of the
Jefferson County Department of Health shall have the following powers
and duties:
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1.5.1 To hold hearings relating to any aspect of or matter in the
administration of these regulations, and in connection therewith,
compel the attendance of witnesses and the production of evidence.
1.5.2 To issue such orders as may be necessary to effectuate the
purposes of these regulations and enforce the same by all appropriate
administrative and judicial proceedings.
1.5.3 To require records relating the emissions which cause or
contribute to air contamination.
1.5.4 To secure necessary scientific, technical, administrative and
operational services, including laboratory facilities, by contract or
otherwise.
1.5.5 To prepare and develop a comprehensive plan or plans for the
prevention, abatement and control on air pollution in Jefferson County.
1.5.6 To encourage voluntary cooperation by persons and affected
groups to achieve the purposes of these regulations.
1.5.7 To encourage and conduct studies, investigations and research
relating to air contamination and air pollution and their causes,
effects, prevention, abatement and control.
1.5.8 To determine by means of field studies and sampling the degree
of air contamination and air pollution in the County and the several
parts thereof.
1.5.9 To make a continuing study of the effects of the emission of
air contaminants from motor vehicles on the quality of the outdoor
atmosphere of Jefferson County and the several parts thereof, and
make recommendations to appropriate public and private bodies with
respect thereto.
1.5.10 To collect and disseminate information and conduct educational
and training programs relating to air contamination and air pollution.
1.5.11 To advise, consult, contract and cooperate with agencies of
the State, local governments, industries, other states, interstate or
interlocal agencies, and the Federal Government, and with interested
persons or groups.
1.5.12 To consult, upon request, with any person proposing to construct
install or otherwise acquire an air contaminant source or device or
system for the control thereof, concerning the efficacy of such device
or system, or the air pollution problem which may be related to the
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source, device or system. Nothing in any such consultation shall be
construed to relieve any person from compliance with the Act, these
regulations, or any other provision of law.
1.5.13 To accept, receive and administer grants or other funds or gifts,
from public and private agencies, including the Federal and State
Government, for the purpose of carrying out any of the functions of
these regulations.
1.5.14 To provide for the establishment of advisory committees,
appointment of the membership of such committees, scope of investigation,
and other duties, of such committees.
1.5.15 To require from any person reports containing information as
may be required by the Health Officer concerning location, size and
height of contaminant outlets, processes employed, fuels used and
the nature and time periods or duration of emissions, and such other
information as is relevant to air pollution.
1.5.16 To provide for the delegation of the authority of the Health
Officer to employees of the Jefferson County Department of Health
for the performance of any act or duty necessary or incidental to
the administration of the Act or these regulations.
(14.0) 1.6 Availability of Records and Information
1.6.1 Pub-lie Inspection of Records
Except as is provided in this part, any records, reports or information
obtained under the Act or these regulations and the official records
of the Board shall be available to the public for inspection. Requests
to inspect such records should state the general subject matter of
the records sought to be inspected to permit identification and location.
1.6.2 Exceptions
Upon a showing satisfactory to the Health Officer by any person that
records, reports, or information, or particular part thereof, (other
than emission data) to which the Health Officer has access if made
public, would divulge production or sales figures or methods, processes
or production unique to such person, or would otherwise tend to affect
adversely the competitive position of such person by revealing trade
secrets, the Board and the Health Officer shall consider such record,
report, or information or particular portion thereof confidential in
the administration of the Act and these rules and regulations.
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1.6.4 Denial of Requests for, or Non-existence of, Information. If
it is determined pursuant to this Part that requested information
will not be provided or that, to the best knowledge of the Health
Officer, requested information does not exist, the Health Officer
shall notify in writing the party requesting the information that the
request is either denied or cannot be fulfilled.
1.6.5 Copies of Documents
If it is determined that information requested may be disclosed, the
requesting party shall be afforded the opportunity to obtain copies
of the documents containing such information. Upon request, the
Health Officer may furnish said copies at a price to be set by the
Health Officer that would compensate for the cost of producing the
requested copies.
1.6.6 Disclosure of Information
Nothing herein shall be construed to prevent disclosure of such report,
record or information to Federal or State representative as necessary
for purposes of administration of the Program or of any Federal or State
Air Pollution Control Agency, or when relevant in any proceeding under
the Act or these regulations.
1.6.7 Correlation of Information
As soon as practicable, the Health Officer shall provide for public
availability of emission data reported by source owners or operators or
otherwise obtained by the Health Officer. Such emission data shall be
correlated with applicable emission limitations or other measures. As
used in this section, "correlated" means presented in such a manner as
to show the relationship between measured or estimated amounts of
emissions and the amounts of such emissions allowable under these rules
and regulations.
(4.0) 1.7 Ambient Air Quality Standards
1.7.1 Primary and Secondary Standards
The national primary ambient air quality standards and national secondary
ambient air quality standards and accompanying appendices of reference
methods, set forth at Part 50 of Title 40 or the Code of Federal
Regulations, as the same may be amended or revised, are hereby
incorporated and made a part of these regulations, and shall apply
throughout the county.
1.7.2 Policy
It is the objective of the Board to obtain and maintain the ambient air
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quality standards of this Part in achieving the policy and purpose
of the Act and as required by the Federal Act. The adoption hereby
of the national primary and secondary ambient air quality standards
shall not be considered in any manner to allow significant deterioration
of existing air quality in any portion of the county.
1.7.3 Attainment of Primary Standard
These rules and regulations and the administration of the Air Pollution
Control Program shall provide for the attainment of the national
primary ambient air quality throughout the county as expeditiously as
practicable, but in no case later than three years after the date of
initial adoption of these rules and regulations or within the time
limits specified by Section 110 (a) of the Clean Air Act, as amended
(84 Stat. 1680), whichever is later.
1.7.4 Attainment of Secondary Standard
To the extent practicable and feasible, these rules and regulations
and the administration of the Air Pollution Control Program shall
strive for the attainment of the national secondary ambient air quality
throughout the county concurrently with the attainment of the national
primary ambient air quality standard as provided in Section 1.7.3.
(15.0) 1.8 Inspections
The Health Officer or his authorized representative may enter and
inspect any property, premises or place on or at which an air contami-
nant source is located or is being constructed, installed or established
at any reasonable time for the purpose of ascertaining the state of
compliance with these regulations. No person shall refuse entry
or access to the Health Officer or his authorized representative
who requests entry for purposes of inspection, and who presents
appropriate credentials; nor shall any person obstruct, hamper or
interfere with any such inspection. If requested, the owner or
operator of the premises shall receive a report setting forth all facts
found which relate to compliance status.
(9.0) 1.9 Monitoring, Records, Reporting
(13.0)
1.9.1 The Health Officer may require the owner or operator of air
contaminant source to establish and maintain such records; make such
reports; install, use and maintain such monitoring equipment or
methods; sample such emissions in accordance with such methods,
at such locations, intervals and procedures as the Health Officer
shall prescribe; and provide such periodic emission reports as required
in Section 1.9.2.
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1.9.2 Reports
Records and reports as the Health Officer may prescribe on air
contaminants or fuel shall be recorded, compiled and submitted on
forms furnished by the Health Officer or when forms are not so furnished,
then in formats approved by the Health Officer.
(a) Emissions of particulate matter, sulfur dioxide, and oxides
of nitrogen shall be expressed as follows: in pounds per hour
and pounds per million BTU 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 Health Officer.
(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 Health Officer 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
monthly and submitted monthly and submitted biannually. Current
daily results shall be available for inspection at any time.
(e) The sulfur content of fuels, as burned, except natural
gas, shall be determined in accordance with current recognized
ASTM procedures. Averages for periods prescribed by the
Director shall be submitted biannually. Records shall be kept
current and be available for inspection.
(9.0) 1.10 Sampling and Testing Methods
1.10.1 Methods
All required sampling and testing shall be. made and the results
calculated in accordance with sampling and testing procedures and methods
approved by the Health Officer. All required samples and tests shall be
made under the direction of persons qualified by training and/or
experience in the field of air pollution control.
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1.10.2 Standard Methods
The Health Officer, to the extent practicable, should recognize and
approve the test methods and procedures established by Part 60 of
Title 40 of the Code of Federal Regulations, as the same may be
amended or revised.
1.10.3 The Health Officer or his authorized representative may conduct
tests and take samples of air contaminants, fuel, process material
or other materials which affects or may affect emission of air
contaminants from any source. Upon request of the Health Officer, the
person responsible for the source to be tested shall provide necessary
holes in stacks or ducts 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. If the Health Officer or his authorized representative
during the course of an inspection obtains a sample of. air contaminant,
fuel, process material, or other material, he shall give the owner or
operator of the equipment or fuel facility a receipt for the sample
obtained.
1-10-4 Report to owner or operator. At the conclusion of any inspection
under Part 1.8 of these regulations, or conduction of any testing or
sampling under this Part, if requested, the owner or operator of
these premises shall receive a report setting forth all facts found
which relate to compliance status with these rules and regulations.
(6.0) 1.11 Compliance Schedule
1.11.2 New Sources
All new sources shall comply with the applicable rules and regulations
of Chapter 5 et seq. within 60 days after achieving the maximum production
rate at which the affected source will be operated, but not later than
120 days after initial startup of such source, unless the Health
Officer specifies another period of time as a condition to the issuance
of any permit under Chapter 3.
1.11.3 Existing Sources
All existing sources not in compliance as of the date of initial
adoption of an applicable rule or regulation contained in Chapter 5
et seq. shall be in compliance within 6 months of such initial date unless
the owner or operator responsible for the operation of sucb source
shall have submitted to the Health Officer in a form and manner
satisfactory to him, a control plan and schedule for achieving compliance,
such plan and schedule to contain a date on or before which full
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[7.0)
[13.0)
compliance will be attained, and such other information as the Health
Officer may require. Any such plan and schedule expected to extend
over a period of 18 or more months from such initial date shall
include provisions for periodic increments of progress toward full
compliance. If approved by the Health Officer, such dates shall be
the dates on which such owner or operator shall achieve incremental
progress and full compliance. The Health Officer may require persons
to submit subsequent periodic reports on progress in achieving compliance.
In no event shall the control plan and schedule exceed 3 years from the
date of initial adoption of an applicable rule or regulation. The
provisions of this Section shall not apply to sources for which permits
are required under Chapter 2.
1.11.4 Nothing in this Part shall relieve any person, or any new or
existing source from complying with the provisions of Chapter 1
through 4 of these rules and regulations.
1.12 Maintenance and Malfunctioning of Equipment; Reporting
1.12.1 Maintenance; Reporting
In the case of shutdown of air pollution control equipment (which operates
pursuant to any permit issued by the Director) for necessary scheduled
maintenance, the intent to shut down such equipment shall be reported
to the Director at least twenty-four (24) hours prior to the planned
shutdown, unless such shutdown is accompanied by the shutdown of the
source which such equipment is intended to control. 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 emission 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.
1.12.2 Malfunction; Reporting
In the event that any emission source, air pollution control equipment,
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or related facility fails or breaks down in such a manner as to cause
the emission of air contaminants in violation of these rules and
regulations, the person responsible for such source, equipment, or
facility shall notify the Health Officer within 24 hours of such
failure or breakdown and provide a statement giving all pertinent facts,
including the estimated duration of the breakdown. The Health Officer
shall be notified when the condition causing the failure or breakdown
has been corrected and such source, equipment, or facility is again in
operation.
(2.0) 1.13 Prohibition of Air Pollution
No person shall permit or cause air pollution, as defined in Part 1.3
of this Chapter by the discharge of any air contaminant for which no
ambient air quality standards have been set under Section 1.7.1.
(15.0) 1.14 Penalties and Citations
1.14.1 Any person who violates any provisions of these regulations or
who violates any determination or order of the Health Officer pursuant
to these regulations shall be liable to a penalty not to exceed $10,000
for said violation and an additional penalty not to exceed $10,000 for
each day during which such violation continues, which penalty may be
recovered by the Jefferson County Board of Health in a civil action in
the Circuit Court of said county and such person may also be enjoined
from continuing such violation.
1.14.2 Any money penalty so recovered shall be deposited in the County
Treasury of Jefferson County, Alabama, to the account of the Air
Pollution Program of the Jefferson County Department of Health.
1.14.3 It shall be the duty of the District Attorney of the Tenth
Judicial Circuit to bring such actions in the Circuit Court at the
request of the Jefferson County Board of Health in the name of
Jefferson County, Alabama. The Jefferson County Board of Health may at
its option also commence such actions utilizing attorneys employed by
the Jefferson County Board of Health.
114.4 Any person who knowingly violates or fails or refuses to
obey or comply with any provision of these regulations or knowingly
submits any false information required by these regulations shall be
guilty of a misdemeanor and upon conviction shall be punished as
provided by law.
1.14.5 The Jefferson County Board of Health hereby authorizes the
Health Officer to issue citations to any person violating any provi-
sions of these regulations. Said citation commanding said person to
cease and desist from violating the provisions of these regulations.
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The citation shall specify the provision or provisions of these
regulations alleged to constitute a violation thereof. Said citation
shall command the person to appear at a hearing in person or by
attorney at a time and place specified before the Board of Health and
show cause why a prosecution for the violation of the provision or
provisions of these regulations should not be commenced. No citation
shall be issued for an appearance before the Board of Health less than
10 days after the issuance thereof except when an emergency air episode
has been declared, in which case appearance may be required within 24
hours. The citation may be directed to a business or corporation or to
the president, manager, superintendent, or other person in charge
of the business or corporation. The citation may be issued by leaving
a copy thereof at any office of the business or corporation or by leaving
a copy with some person at said office or at the residence of the
president, manager, superintendent, or other person in charge.
1.14.15 The issuance of a citation shall not be a condition precedent
to the beginning of a prosecution under 1.14.1, 1.14.3, and 1.14.4
hereof; however, where a citation has been issued the accused shall
be afforded an opportunity to be heard upon said citation before
any prosecution is commenced hereunder. At the conclusion of the
hearing on the citation the Jefferson County Board of Health may
cause e. prosecution to be commenced for said violation in which case the
Jefferson County Board of Health shall direct the Health Officer to
appear before a Magistrate authorized to take oaths and issue warrants
of arrest in the County where the air contaminant source is located
and make affidavit setting out. the findings of the Jefferson County
Board of Health. The Magistrate shall forthwith issue a warrant of
arrest for the party charged commanding any Sheriff or other officer of
the State authorized by State Law to execute warrants of arrest, to arrest
the defendant and forthwith bring him before the Magistrate. The
warrant shall be returnable to the court charged with jurisdiction to
try misdemeanors committed in Jefferson County, Alabama.
1.14.7 The testimony taken at any hearing before the Jefferson County
Board of Health shall be under oath and may be recorded stenographically
but the parties shall not be bound by the strict rules of evidence
prevailing in the courts of law and equity. True copies of any transcripts
or of any other record made of or at such hearing shall be furnished to
any party thereto upon request and on payment of the reasonable cost of
making such transcript.
1.15 Circumvention
No person shall cause or permit the installation or use of any device
or any means which, without resulting in reduction in the total amount
of air contaminant emitted, conceals or dilutes any emission of air
contaminant which would otherwise violate these rules and regulations.
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(2.0) 1.16 Severability
The provisions of these rules and regulations and the various applica-
tions thereof are declared to be severable and if any chapter, part,
section, paragraph, subparagraph, subdivision, clause, or phrase of
these rules and regulations shall be adjudged to be invalid or unconsti-
tutional by any court of competent jurisdiction, the judgment shall not
affect, impair or invalidate the remainder of these rules and regulations
but shall be confined in its operation to the chapter, part, section,
paragraph, subparagraph, subdivision, clause, or phrase of these
rules and regulations that shall be directly involved in the controversy
in which such judgment shall have been rendered.
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(3.0) CHAPTER 2
PERMITS
(3.0) 2.1 Permits Required
2.1.1 Permit to Construct
Any person building, erecting, altering or replacing any article,
machine, equipment or other contrivance, the use of which may cause the
issuance of or an increase in the issuance of air contaminants or the use
of which may eliminate or reduce or control the issuance of air contami-
nants, shall first obtain authorization for such construction from the
Health Officer in the form of a Permit to Construct. A Permit to
Construct shall remain in effect until the permit to operate the
equipment for which the application was filed is granted or denied
or the application is canceled.
2.1.2 Permit to Operate
(a) Before any article, machine, equipment or other contrivance
described in Section 2.1.1 may be operated or used, a
written permit shall be obtained from the Health Officer.
No permit to operate shall be granted for any article,
machine, equipment or contrivance described in Section 2.1.1,
constructed or installed without authorization as required by
Section 2.1.1, until the information required is presented
to the Health Officer and such article, machine, equipment
or contrivance is altered, if necessary, and made to conform
to the standards established by the Board.
(b) Any article, machine, equipment or other contrivance described
in Section 2.1.1 which is presently operating (or which is
not presently operating but which is capable of being operated)
without a permit to operate, may continue to operate (or may
restart) only if its operator obtains a permit to operate
prior to a date to be set by the Health Officer (or prior to
restarting).
(c) The Health Officer shall have the authority to decide cases
where an article, machine, equipment or other contrivance
is not clearly subject to nor exempt from the application
of this chapter. In addition, the Health Officer may rule
that a particular article, machine, equipment or other
contrivance is subject to the application of this chapter
even though it is exempt from the system according to
Part 2.1 and 2.2 of this chapter. The operator or builder
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of such an article, machine, equipment, or other contrivance may appeal
the Health Officer's classification to the Board which shall overrule
the Health Officer only if it is shown that he acted arbitrarily and
contrary to the purpose of the Act and these regulations.
2.1.3 Display of Permit to Operate
A person who has been granted a permit to operate any article, machine,
equipment, or other contrivance shall keep such permit under file
or on display at all times at the site where the article, machine,
equipment, or other contrivance is located and will make such a permit
readily available for inspection by any and all persons who may
request to see it.
(2.0) 2.2 Exemptions
From time to time the Health Officer may specify certain classes or
sizes of articles, machine, equipment, or other contrivance which would
normally be subject to the requirement to obtain Permits to Operate
or Construct, as being exempt from the requirement to obtain such
permits. Exempt sources are subject in every other way to these
rules and regulations.
(3.0) 2.3 Transfer
A Permit to Construct or Operate shall not be transferable whether
by operation of law or otherwise, either from one location to another,
from one piece of equipment to another, or from one person to another.
(3.0) 2.4 Applications
Every application for a Permit to Construct or Operate required under
Part 2.1 shall be filed in the manner and form prescribed by the
Health Officer and shall give all the information necessary to enable
the Health Officer to make the determination required by Part 2.8
of this Chapter.
(3.0) 2.5 Cancellation of Applications
A Permit to Construct shall expire and the application shall be
cancelled two years from the date of issuance of the Permit to Construct
if the construction has not begun.
(3.0) 2.6 Action on Application
The Health Officer shall act, within a reasonable time, on an application
for authority to construct, Permit to Operate and shall notify the
applicant in writing of its approval, conditional approval or denial.
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(9.0) 2.7 Provision of Sampling and Testing Facilities
A person operating or using, any article, machine, equipment or other
contrivance for which these rules and regulations require a permit shall
provide and maintain such sampling and testing facilities as specified
in the Permit to Construct or Permit to Operate.
(3.0) 2.8 Standards for Granting Permits
2.8.1 The Health Officer shall deny a permit except as provided by
Fart 2.9, if the applicant does not show that every article, machine,
equipment or other contrivance, the use of which may cause the issuance
of air contaminants, is so designed, controlled, or equipped with
such air pollution control equipment, that it may be expected to
operate without emitting or without causing to be emitted air contamini-
nants in violation of these rules and regulations.
2.8.2 The Health Officer shall deny a permit if the applicant does not
present, in writing, a plan whereby the emission of air contaminants by
every article, machine, equipment, or other contrivance described in the
permit application, will be reduced during1 periods of an Air Pollution
Alert, Air Pollution Warning, and Air Pollution Emergency in accordance
with the provisions of Chapter 4.
2.8.3 Before a Permit to Construct or Permit to Operate is granted, the
Health Officer may require the applicant to provide and maintain such
facilities as are necessary for sampling and testing purposes in
order to secure information that will disclose the nature, extent,
quantity or degree of air contaminants discharged into the atmosphere
from the article, machine, equipment or other contrivance described
in the Permit to Construct or Permit to Operate. In the event of such a
requirement, the Health Officer shall notify the applicant in writing
of the required sizes, number and location of the sampling platform;
the access to the sampling platform; and the utilities for operating the
sampling and testing equipment.
2.8.4 The Health Officer may also require the applicant to install,
use and maintain such monitoring equipment or methods; sample such
emission in accordance with such methods, at such locations, intervals and
procedures as may be specified; and provide such information as the
Health Officer may require.
2.8.5 Before acting on an application for Permit to Construct or
Permit to Operate, the Health Officer may reouire the applicant to
furnish further information or further plans or specifications.
2.8.6 In acting upon a Permit to Operate, if the Health Officer finds
that the article, machine, equipment or other contrivance has been
constructed not in accordance with the Permit to Construct, and if the
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changes noted are of a substantial nature in that the amount of air
contaminants emitted by the article, machine, equipment or other
contrivance may be increased, or if that effect is unknown, then he
shall deny the Permit to Operate. The Health Officer shall not accept
any further application for a Permit to Operate until the article,
machine, equipment or other contrivance has been reconstructed in
accordance with the Permit to Construct, or until the applicant has
proven to the satisfaction of the Health Officer the the change will
not cause an increase in the emission of air contaminants.
2.8.7 The Health Officer shall deny a Permit to Construct where he
determines that the construction and operation of such source will
interfere with attaining or maintaining any primary or secondary standard
established by Section 1.7.1 or will allow significant deterioration
of existing air quality.
2.8.8 In granting any Permit to Operate, the Health Officer may allow,
as a condition of such permit, for the intermittent discharge of air
contaminants, during startup, shutdown, rate change or load change,
in excess of the limitations specified in these rules and regulations
where he finds that because of the nature of the source there is no
practicable alternative.
(3.0) 2.9 Conditional Permit
2.9.1 The Health Officer may issue a Permit to Construct or a Permit to
Operate subject to conditions which will bring the operation of any
article, machine, equipment or other contrivance within the standards of
Part 2.8, in which case the conditions shall be specified in writing.
Commencing work under such a Permit to Construct or a Permit to Operate
shall be deemed acceptance of all the conditions specified. The Health
Officer shall issue a Permit to Construct or a Permit to Operate with
revised conditions upon receipt of a new application, if the applicant
demonstrates that the article, machine, equipment or other contrivance
can operate within the standards of Part 2.8 under the revised conditions.
2.9.2 A Conditional Permit may allow an article, machine, equipment or
other contrivance to be operated in violation of the conditions of
Part 2.8 if one of the conditions of the permit is a definite schedule
by which the article, machine, equipment, or contrivance may attain the
conditions of Part 2.8 and be granted a Permit to Operate, and if the
schedule provides for attaining the conditions of Part 2.8 at the earliest
possible date and is approved by the Health Officer. A Conditional
Permit will be revoked if the applicant does not submit progress reports
to the Health Officer according to the schedule established by the
Conditional Permit. The Health Officer may further revoke the
Conditional Permit if the progress reports do not show satisfactory
progress as specified by the terms of the Conditional Permit or if the
progress reports are found to be inaccurate.
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2.9.3 A Conditional Permit that allows any new article, machine, equip-
ment or contrivance to operate in violation of the requirements of Part
2.8 may not be granted for a period of time greater than one year, includ-
ing all renewals.
2.9.4 No Conditional Permit issued under this Part for any existing
article, machine, equipment or contrivance may be granted for a period
of time longer than the greater of the following periods:
(a) The period from the granting of the permit to a date three
years after the date of initial adoption of an applicable
rule or regulation.
(b) The period from the granting of the permit to a date three
years after the date the Administrator of the U. S. Environ-
mental Protection Agency approves, in accordance with
Section 110 of the Federal Act, such applicable rule or
regulation as a part of an implementation plan (or any
revision thereof).
2.10 Temporary Permit To Operate
"'
2.10.1 Upon application for a Permit to Operate by a new facility, the
Health Officer shall, within a reasonable period of time, dispatch an
inspector to the facility in question. If the inspector determines
that the facility has been constructed according to the specifications
as set forth under the Permit to Construct, or else that any changes
to the facility would reduce or affect to an unsubstantial degree that
quantity of air contaminants emitted by the facility, and if the
Health Officer agrees with this conclusion, then the Health Officer
shall issue a temporary Permit to Operate which will remain in force
until an official inspection of the facility under actual operating
conditions can be made and the results reviewed, or until the Temporary
Permit is suspended or revoked by the Health Officer. The Health
Officer may issue a Temporary Permit to Operate without an inspection
if the applicant fulfills the following requirements:
(a) The application for a Permit to Construct is filled out and
countersigned by a Professional Engineer familiar with air
pollution control as it relates to the equipment under appli-
cation.
(b) Upon completion of the construction, a Professional Engineer
familiar with the Permit to Construct submits a letter to the
Health Officer, signed and sealed with his professional stamp,
testifying that the construction under application has been
completed and is in accordance with the specification as
set down in the Permit to Construct. The Health Officer is
empowered to reject the testimony of the Professional Engineer
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if the Health Officer decides that the Professional Engineer's
qualifications are insufficient to allow him to accurately
and completely assess the equipment in question. A Profes-
sional Engineer may appeal any such judgment to the Board.
(1) Denial of Application - In the event of denial of
a Permit to Construct or Permit to Operate, the
Health Officer shall notify the applicant in writing
of the reason therefor. Service of this notification
may be made in person or by mail, and such service
may be proved by the written acknowledgement of the
persons served or affidavit of the person making the
service. The Health Officer shall not accept a
further application unless the applicant has complied
with the objections specified by the Health Officer
as his reason for denial of the Permit to Construct
or the Permit to Operate.
(2) Appeals - Within 10 days after notice by the Health
Officer of denial or conditional approval of a
Permit to Construct or Permit to Operate, the
applicant may petition the Board, in writing, for
a review. The Board may sustain or reverse the
action of the Health Officer; such order may be
made subject to specified conditions.
(3) The holder of a Permit under this Chapter shall
comply with conditions contained in such Permit as
well as all. applicable provisions of these rules
and regulations except where violations are
specifically allowed in accordance with a Condi-
tional Permit issued under Part 2.9.
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(5.0) CHAPTER 3
VARIANCES
(5.0) 3.1 Granting of Variances
3.1.1 The Board may grant individual variances beyond the limitations
prescribed in the Act or these regulations, whenever it is found, upon-
presentation of adequate proof, that compliance with any rule or
regulation, requirement or order of the Board or Health Officer
would impose serious hardship without equal or greater benefits to
the public, and the emissions occurring or proposed to occur do not
endanger or tend to endanger human health or safety, human comfort, and
aesthetic values. In granting or denying a variance the Board shall
file and publish a written opinion stating the facts and reasons
leading to its decision.
3.1.2 In granting a variance, the Board may impose such conditions as
the policies of the Act and these rules and regulations may require. If
the hardship complained of consists solely of the need for a reasonable
delay in which to correct a violation of these rules and regulations,
the Board shall condition, the granting of such variance upon the posting
of sufficient performance bond or other security to assure the correction
of such violation within the time prescribed.
3.1.3 Any variance granted pursuant to the provisions of this section
shall be granted for such period of time, not exceeding one year, as
shall be specified by the Board at the time of the grant of such variance,
and upon the condition that the person who receives such variance shall
make such periodic progress reports as the Board shall specify. Such
variance may be extended from year to year by affirmative action of
the Board, but only if satisfactory progress has been shown.
3.1.4 Any person seeking a variance shall do so by filing a petition
for variance with the Board, which shall promptly give notice of such
petition in a newspaper of general circulation in the county in which
the installation or property for which variance sought is located.
The Health Officer shall promptly investigate such petition, consider
the views of persons who might be adversely affected by the granting of
a variance and make a recommendation to the Board as to the disposition
of the petition. If the Board, in its discretion, concludes that a
hearing would be advisable, or if any person files a written objection
to the grant for such variance within 21 days, then a hearing shall be
held. All such hearings shall be open to the public, and reasonable
opportunity to be heard with respect to the subject of the hearing shall
be afforded to any person. All testimony taken before the Board shall
be recorded stenograph!cally. The transcript so recorded, and any
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written submissions to the Board in relation to such hearings, shall
be open to public inspection.
3.1.5 If the Board fails to take final action upon a variance request
within 90 days after the filing of the petition, the petitioner may
deem the request denied.
3.1.6 A variance or renewal shall not be a right of the applicant or
holder thereof but shall be in the discretion of the Board; however,
any person adversely affected by a variance or renewal granted by the
Board may obtain judicial review by filing notice of appeal with the
Register in Chancery of the Circuit Court in Equity in the county where
the pollution source is located within twenty days from the action of
the Board thereon. The case shall be heard by the Court under the same
rules and with the same requirements as a petition for injunction would
be heard. On appeal, the Circuit Court shall grant said variance unless
it finds the operation of the air contamination source in the manner
allowed in the variance would amount to a private or public nuisance,
or unless it finds that the Board acted arbitrarily and capriciously.
(2.0) 3.2 Petition Procedures
3.2.1 Any person subject to any rule or regulation, requirement or
order, may petition the Board for a variance from the application thereof,
as prescribed by the Act or these regulations. A petition for a
variance must state the following:
(a) The name, address and telephone number of the petitioner,
or other person authorized to receive service of notices.
(b) Whether the petitioner is an individual, partnership, corporation
or other entity, and names and address of the officers, if
a corporation, and names and adress of the persons in control,
if other entity.
(c) The type of business or activity involved in the application
and the street address at which it is conducted.
(d) A brief description of the article, machine, equipment or
other contrivance, if any involved in the petition.
(e) The signature of the petitioner, or that of some person on
his behalf, and, where the person signing is not the petitioner,
the authority to sign.
(f) The rule or regulation, requirement or order complained from
which a variance is requested.
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(g) The facts showing why compliance with such rule or regulation,
requirement or order would impose serious hardship on the
petitioner or any other person or persons without equal or
greater benefits to the public.
(h) The facts showing why the emissions occurring or proposed to
occur do not endanger or tend to endanger human health or
safety, human comfort, and aesthetic values.
(i) For what period of time the variance is sought and why.
(j) Provisions of the rule or regulation, requirement or order
which the petitioner can meet and the date when petitioner
can comply with such provisions.
(k) Whether or not any case involving the same identical equipment
or process identified in paragraph (d) is pending in any
court, civil or criminal.
3.2.2 All petitions shall be typewritten, double spaced, on legal or
letter size paper, on one side of the paper only.
(2.0) 3.3 Failure to Comply with Procedures
3.3.1 The Health Officer shall not accept for filing, any petition which
does not comply with these rules and regulations relating to the form,
filing and service of petitions unless the Chairman or any two members
of the Board direct otherwise and confirm such direction in writing.
Such direction need not be made at a meeting of the Board.
3.3.2 The Chairman or any two members, without a meeting, may require
the petitioner to state further facts or reframe a petition so as to
disclose clearly the issues involved.
(2.0) 3.4 Objection Procedures
3.4.1 A person may file a written objection to the grant of a variance
within 21 days from initial advertised notice and thus insure that
public hearing will be held, according to Section 3.1.4 of this Chapter.
An objection to the granting of a variance must state:
(a) The objector's name, address, and telephone number.
(b) Whether the objector is an individual, partnership, corporation
or other entity, and names and address of the partners if
a partnership, names and address of the officers if a
corporation, and the names and address of the persons in
control if other entity.
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(c) A specification of which petition for a variance is being
objected to.
(d) A statement indicating why the objector believes that the
variance should not be granted.
3.4.2 All objections should be typewritten or carefully printed in
ink on legal or letter size paper.
(16.0) 3.5 Rules of Evidence at Hearing
3.5.1 Each party shall have these rights; to call and examine
witnesses; to introduce exhibits; to cross-examine opposing witnesses
on any matter relevant to the issues even though that matter was not
covered in the direct examination; to impeach any witness regardless of
which party first called him to testify; and to rebut the evidence
against him. If a petitioner or objector does not testify in his own
behalf, he may be called and examined as if under cross-examination.
3.5.2 The hearing need not be conducted according to technical rules
relating to evidence and witnesses. Any relevant evidence shall be
submitted if it is the sort of evidence on which responsible persons
are accustomed to rely in the conduct of serious affairs, regardless
of the existence of any common law or statutory rule in civil actions.
Heresay evidence may be used for the purpose of supplementing or explain-
ing any direct evidence but shall not be sufficient in itself to support
a finding unless it would be admissible over objection in civil actions.
The rules of privilege shall be effective to the same extent that they
are now or hereafter may be recognized in civil action, and irrelevant
and unduly repetitious evidence shall be excluded.
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(8.0) CHAPTER 4
AIR POLLUTION EMERGENCY
(8.0) 4.1 Air Pollution Emergency
The Health Officer is authorized and empowered to enforce or require
enforcement of any provisions of this Chapter throughout the territorial
limits of Jefferson County, Alabama.
(2.0) 4.2 Powers and Duties of the Health Officer
4.2.1 Any other provisions of law to the contrary notwithstanding, if
the Health Officer finds that a generalized condition of air pollution
exists and that it creates an emergency requiring immediate action to
protect human health or safety, the Health Officer shall order persons
causing or contributing to the air pollution to reduce or discontinue
immediately the emission of air contaminants, and such order shall fix
a place and time, not later than twenty-four hours thereafter, for a
hearing to be held before the Board. Not more than twenty-four hours
after the commencement of such hearing, and without adjournment thereof,
the Board shall affirm, modify or set aside the order of the Health
Officer.
4.2.2 In the absence of a generalized condition of air pollution of
the type referred to in Section 4.2.1 of this part, but if the Health
Officer finds that emissions from the operation of one or more air
contaminant sources is causing imminent danger to human health or
safety, he may order the person or persons responsible for the operation
or operations in question to reduce or discontinue emissions immediately.
In such event, the requirements for hearing and affirmance, modification
or setting aside of order set forth in Section 4.2.1 of this part shall
apply.
4.2.3 Nothing in this Section shall be construed to limit any power which
the Health Officer, the Alabama Air Pollution Control Commission, the
Governor or any other person may have to declare an emergency and act
on the basis of such declaration, if such power is conferred by statute
or constitutional provision, or inheres in the office.
4.2.4 In addition to, and without in any way limiting the foregoing,
if the Health Officer determines at any time that air pollution in
Jefferson County or in any portion of the County constitutes an emergency
risk to the health of those present in the County or said area of the
County, and that the resources of the Jefferson County Board of Health
are not sufficient to abate said air pollution, such determination
shall be communicated by telephone and in writing, with the factual
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findings on which such determination is based to the Director of the
Division of Air Pollution Control of the Alabama Department of Public
Health or to the State Health Officer in his capacity as Chairman of
the Alabama Air Pollution Control Commission or to the Environmental
Protection Agency of the Federal Government. Such communication shall
request assistance in the abatement of said air pollution emergency
consistent with the provisions of Act 769, Alabama Legislature, Regular
Session 1969, and the Federal Clean Air Act as amended. The Health
Officer may delegate to the Deputy Health Officer or the Director
the power to make said determinations and deliver the same to the
Director of the Division of Air Pollution Control of the Alabama
Department of Public Health or to the State Health Officer or the
Environmental Protection Agency in.the name of the Health Officer.
(8.0) 4.3 Episode Criteria
When the Health Officer determines that conditions justify the procla-
mation of an air pollution episode stage, due to the accumulation of
air contaminants in any place within the County, attaining levels which
could, if sustained or exceeded, lead to a substantial threat to the
health of persons, he shall be guided by the following criteria.
4.3.1 Episode stages shall be determined and declared upon the basis of
average concentration recorded at any monitoring station in the County.
4.3.2 If contamination and meteorology warrant, any advanced episode
stage may be declared by the Health Officer without first declaring a
lesser degree of Alert or Watch. The Health Officer shall, at his
discretion, declare a lesser stage, the termination or the continuance
of the advanced episode stage during such times when contamination and
meteorological conditions moderate significantly after an advanced
episode stage has been declared.
4.3.3 Episode Watch
The Health Officer shall declare an Episode Watch when one or more of the
following events take place.
(a) An Atmospheric Stagnation Advisory is issued by the National
Weather Service, stating that atmospheric conditions marked
by a slow moving high pressure system, light winds, and
temperature inversions are expected to affect Jefferson County
or portions thereof for the next 36 hours.
(b) A forecast by local meteorologist that stagnant atmosphereic
conditions as described above could result in high air
pollution levels in Jefferson County or portions thereof.
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(c) Validated reports of abnormally high air pollution measurements,
specifically, reaching or exceeding 50 percent of the Alert
level of Section 4.3.4 for at least three consecutive hours
at a given locality in the County.
4.3.4 Alert
The Health Officer shall declare an Alert when any one of the following
contaminant concentrations is measured at any monitoring site, and due
to adverse meteorological conditions can be expected to remain at
these levels or higher for the next 12 hours or more unless control
measures are taken:
(a) Sulfur Dioxide - Measured by continuous coulometric or colori-
metric analyzer, or equivalent.
24-hour average, 0.30 ppm (800 yUg/m )
(b) Particulates - Measured by sequential tape sampler, two-hour
accumulations (soiling index).
24-hour average, 3.0 COHS per 1000 linear feet or
measured by Hi Vol (high volume sampler), 24-hour
accumulation.
(c) Sulfur Dioxide and Particulates Combined - Product of
concurrent 24-hour average concentrations.
sulfur dioxide, ppm, times particulates, COHS, equals
0.2 sulfur dioxide, /jg/m^, time particulates, /jg/m3,
equals 65,000.
(d) Carbon Monoxide - Measured by continuous non-dispersive
infrared analyzer, or equivalent.
8-hour average, 15 ppm (17 mg/m )
(e) Nitrogen Dioxide - Measured by continuous analyzer, or
equivalent.
24-hour average, 0.15 ppm (282 jug/m )
or 1-hour average, 0.6 ppm (1130 ^g/m3)
(f) Photochemical Oxidants - Measured by continuous chemiluminescent
analyzer or equivalent.
1-hour average, 0.1 ppm (200 .ug/m )
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4.3.5 Warning
A Warning shall be declared by the Health Officer when the
concentrations of any of the following air contaminants measured at
any monitoring site and due to adverse meteorological conditions can
be expected to remain at these levels or higher for the next 12 hours
or more unless control measures are taken:
(a) Sulfur Dioxide - Measured by continuous coulometric or
colorimetric analyzer, or equivalent.
24-hour average, 0.6 ppm (1600>ug/m )
(b) Particulates - Measured by sequential tape sampler, two-hour
accumulations (soiling index).
24-hour, average, 5.0 COHS per 1000 linear feet or
measured by Hi Vol. 24-hour accumulation:
24-hour average, 625>ug/m
(c) Sulfur Dioxide and Particulates Combined - Product of
concurrent 24-hour average concentration.
sulfur dioxide, ppm, times particulates, COHS, equals
0.8 3 3
or sulfur dioxide,/ug/m , times particulates,/jg/m , equals
261,000
(d) Carbon Monoxide - Measured by continuous non-dispersive
infrared analyzer or equivalent.
8-hour average, 30 ppm (34 mg/m )
(e) Nitrogen Dioxide - Measured by continuous analyzer, or
equivalent.
24-hour average, 0.30 ppm (565>ug/m
1-hour average, 1.20 ppm (2260
(f) Photochemical Oxidants - Measured by continuous chemiluminescent
analyzer, or equivalent.
1-hour average, 0.40 ppm (800/jg/m )
4.3.6 Emergency
When the following concentrations of air contaminants have been reached
or due to meteorological conditions can be expected to reach or exceed
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these levels at any monitoring site in the County for a period of
12 hours or more unless control actions are taken, the Health Officer
shall declare an Emergency:
(a) Sulfur Dioxide - Measured by continuous coulometric or
colorimetric analyzer, or equivalent.
(b) Particulates - Measured by sequential tape sampler, two-hour
accumulations (soiling index).
24-hour average, 7.0 COHS per 1000 linear feet
or measured by Hi Vol, 24-hour.accumulation
24-hour average, 875/jg/nr
(c) Sulfur Dioxide and Particulates Combined - Product of
concurrent 24-hour average concentrations.
sulfur dioxide, ppm, times particulates, COHS, equals 1.2
or sulfur dioxide, /jg/m3, time particulates./ug/mS, equals
393,000
(d) Carbon Monoxide - Measured by continuous non-dispersive
infrared analyzer, or quivalent.
8-hour average, 40 ppm (46 mg/m )
(e) Nitrogen Dioxide - Measured by continuous analyzer, or
equivalent.
24-hour average, 0.40 ppm (750/jg/m3)
1-hour average 1.60 ppm (3000/ug/m3)
(f) Photochemical Oxidants - Measured by continuous chemilumines-
cent analyzer, or equivalent.
1-hour average, 0.60 ppm (1200/jg/m3)
4.3.7 Termination
(a) The status reached by application of the Episode Criteria of
this part shall remain in effect until the criteria for that
level is no longer met. At such time, the next lower status
will be assumed and such changes declared by the Health Officer.
Specifically:
(1) When ambient contaminant concentrations fall below the
critical levels for the stage, and a downward trend of
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concentrations is established; and
(2) When meteorological conditions that attended the high
concentrations are no longer called for in official
weather predictions.
(b) A public declaration will take on one of the following
forms.
(1) Terminate "Emergency Status", resume "Warning Status" or
"Alert Status"; whichever is appropriate.
(2) Terminate "Warning Status", resume "Alert Status" or
appropriate stage.
(3) Terminate "Episode Status".
(c) Upon termination of an "Episode Status", the Air Pollution
Control Program will remain on internal "Episode Watch" until
a return to normal operation is announced by the; Health Officer.
4.3.8 Status Declaration Authority
The Health Officer, or his specific designee, shall have the authority
to make an announcement of internal Episode Watch, and public declara-
tions of Alert, Warning and Emergency Status.
(8.0) 4.4 Special Episode Criteria
4.4.1 The Health Officer shall have the authority to declare episodic
conditions when the atmospheric concentration of a single contaminant
or that of a specific locality within the County show elevated concen-
trations.
4.4.2 Specific Pollutant Situations
When concentrations of one or two contaminants reach or exceed the
defined criteria levels, and concentration of other contaminants remain
substantially below 50 percent of Alert levels, and meteorological
conditions are such that these specific contaminant concentrations can
be expected to remain at the above levels for 12 hours or more or increase
unless control action is taken, a Specific Alert, Warning, or Emergency
Status shall be declared by the Health Officer, naming the contaminants
that meet the respective criteria. In such instances when two contami-
nants meet different criteria, the Health Officer shall declare the
status for the episode having the higher level, and that an Episode
Watch is being maintained on the remaining contaminants.
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(8.0)
4.4.3 Specific Locality Situation
The Health Officer, when high concentrations of one or more
contaminants measured at one monitoring site and not others and the
effect is judged to originate from an identifiable source near the
given site, shall declare the appropriate local Alert, Warning,
or Emergency Status for the delineated area and that an Episode Watch
is in effect for any remaining portion of the jurisdictional area
while meteorological conditions favor the maintenance or increase of
said high concentration for at least 12 hours or more unless control
action is taken.
4.5 Emission Reduction Plans
Upon declaring an Episode Watch, Alert, Warning, or Emergency, the
Health Officer shall order persons responsible for the operation of a
source of air contaminants causing or contributing to such episode
to take the general measures outlined in the Emergency Episode Plan for
the State of Alabama (dated November 1971, prepared by TRW, Inc.) or
revision thereof, as he deems appropriate, in addition to all specific
source curtailments designated by him.
(8.0) 4.6 Two Contaminant Episode
The Health Officer shall declare an Alert, Warning, or Emergency
Status specific for two contaminants when the ambient concentrations
of two contaminants simultaneously reach or exceed their respective
Episode Criteria of this Chapter and meteorological conditions are such
that contaminant concentrations can be expected to remain at those
criteria levels for 12 or more hours or increase unless control actions
are taken. When criteria levels correspond to different episode
status for two contaminants, the Health Officer shall declare the status
of the higher of the two.
(8.0) 4.7 General Episodes
The Health Officer shall, in the event that ambient concentrations of
three or more contaminants simultaneously reach or exceed their
respective Episode Criteria and no improvement in meteorological
conditions is forecast for the next 12 hours, declare a General Alert,
Warning, or Emergency Status. In the event the criteria levels correspond
to different statuses for each contaminant, the Health Officer shall
declare a general status corresponding to the highest individual status.
(8.0) 4.8 Emission Reduction Plan for Local Episodes
4.8.1 The Health Officer shall specify the area of the County affected
when a Local Alert, Warning.or Emergency Status is declared, or when
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an Accidental Episode for Common contaminants occurs, based upon
air quality and meteorological reports and predictions.
4.8.2 When the Health Officer declares such a local episode, any person
responsible for the operation from which excess emissions results, shall
shut down such an operation and make repairs or alter the process
as required to restore normal operations.
4.8.3 When the Health Officer declares that a Local Alert, Warning, or
Emergency Status is in effect for a delineated area, corresponding
General Measures shall be applied as detailed in Part 4.5, depending
upon which contaminant(s) is/are being emitted in excess.
(8.0) 4.9 Emission Reduction Plans for Other Sources
4.9.1 Any person responsible for the operation of a source of air
contaminants as determined by the Health Officer shall prepare standby
plans for reducing the emissions of air contaminants during periods of
an Episode Alert, Warning, and Emergency. Standby plans shall be
designed to reduce or eliminate emissions of air contaminants in
accordance with the objectives set forth in Part 4.5.
4.9.2 Any person responsible for the operation of a source of air
contaminants not designated by the Health Officer shall when requested
by the Health Officer in writing, prepare standby plans for reducing
the emission of air contaminants during periods of Episode Alert,
Warnings, and Emergency. Standby plans shall be designed to reduce or
eliminate emissions of air contaminants in accordance with the objectives
set forth in Part 4.5.
4.9.3 Standby plans as required under Section 4.9.2 shall be in writing
and identify the sources of air contaminants, the amount of reduction of
contaminants and a brief description of the manner in which reduction
will be achieved during Episodes of Alert, Warning, and Emergency.
4.9.4 During Episodes of Alert, Warning, and Emergency Status, standby
plans" as required by this Chapter shall be made available on the
premises to any person authorized to enforce the provisions of appli-
cable rules and regulations.
4.9.5 . Standby plans as required by these rules and regulations shall
be submitted to the Health Officer upon request within 30 days of the
receipt of such request; such standby plans shall be subject to review
and approval by the Health Officer. If in the opinion of the Health
Officer, a standby plan does not effectively carry out the objectives
as set forth in these rules and regulations, the Health Officer may
disapprove it, state the reason for disapproval and order the preparation
of an amended standby plan within the time period specified in the order.
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(51.9) CHAPTER 5
(51.13)
CONTROL OF OPEN BURNING AND INCINERATION
(51.13) 5.1 Open Burning
No person shall ignite, cause to be ignited, permit to be ignited,
or maintain any open fire except as follows:
5.1.1 Open fires for the cooking of food for human consumption on other
than commercial premises;
5.1.2 Fires for recreational or ceremonial purposes;
5.1.3 Fires to abate a fire hazard, providing the hazard is so declared
by the fire department or fire district having jurisdiction;
5.1.4 Fires for prevention or control of disease or pests;
5.1.5 Fires for training personnel in the methods of fighting fires;
5.1.6 Fires for the disposal of dangerous materials, where there is
no practical alternate method of disposal and burning is approved by
the Health Officer.
5.1.7 Fires set for recognized agricultural, silviculture!, range and
wildlife management practices.
5.1.8 Fires set in salamanders or other devices used by construction
or other workers for heating purposes.
5.1.9 Fires for the burning of trees, brush, grass and other vegetable
matter in the clearing and maintenance of rights-of-way if such burning
is done by the air curtain incinerator method, properly constructed
and maintained, or an equivalent method specifically approved by the
Health Officer, and if burning is approved in writing by the Health
Officer.
5.1.10 Open fires specifically or expressly approved by the Health
Officer.
(51.9) 5.2 Incinerators
5.2.1 Incinerators shall be designed and operated in such manner as is
necessary to prevent the emission of objectionable odors.
5.2.2 No person shall cause or permit to be emitted into the open air
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from any incinerator, participate matter in the exhaust gases to exceed
0.20 pounds per TOO pounds of refuse charged provided that: For
incinerators of more than 50 tons per day charging rate, particulate
matter in the exhaust gases may not exceed 0.10 pounds per 100 pounds
of refuse charged.
5.2.3 Emission tests shall be conducted at maximum burning capacity
of the incinerator.
5.2.4 The burning capacity of an incinerator shall be the manufacturer's
or designer's guaranteed maximum rate or such other rate as may be
determined by the Health Officer in accordance with good engineering
practices. In case of conflict, the determination made by the Health
Officer shall govern.
5.2.5 For the purposes of this Part, the total of the capacities of
all furnaces within one system shall be considered as the incinerator
capacity.
(51.9) 5.3 Incineration of Wood. Peanut, and Cotton Ginning Wastes
5.3.1 No person shall cause or permit to be emitted into the open air
from any incinerator which incinerates wood, peanut, or cotton ginning
wastes, particulate matter in the exhaust gases to exceed 0.40 pounds
per 100 pounds of material charged.
5.3.2 Emission tests shall be conducted at maximum burning capacity of
the incinerator.
5.3.3 The burning capacity of an incinerator shall be the manufacturer's
or designer's guaranteed maximum rate or such other rate as may be
determined by the Health Officer in accordance with good engineering
practices. In case of conflict, the determination made by the Health
Officer shall govern.
5.3.4 For the purposes of this Part, the total of the capacities of
all furnaces within one system shall be considered as the incinerator
capacity.
5.3.5 Each incinerator subject to this Part shall be properly designed
equipped, and maintained for its maximum burning capacity, and shall be
equipped with a temperature recorder which shall be operated continuously
with the incinerator and the temperature records shall be made available
for inspection at the request of the Health Officer and shall either:
(a) be equipped with an underfire forced air system, which shall
be electronically controlled to insure the optimum temperature
range for the complete combustion of the amount and type of
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material waste being charged into the incinerator; and a
variable damper; or
(b) consist of an all metal shell with refractory lining, circular
furnace, and a built-in cinder catching system for either
reburning or other disposition; all primary combustion
air shall be supplied under pressure through nozzle openings
located around the periphery of the lower furnace; over-fire
air shall be provided under pressure through ports which
shall be directed downward and tangentially in the same direc-
tion as the primary air; cinder collection shall be accomplished
by the provision of openings through the shell located above
the furnace section.
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(50.1) CHAPTER 6
CONTROL OF PARTICULATE EMISSIONS
(50.1.2) 6.1 Visible Emissions
6.1.1 Visible Emissions Restrictions for Stationary Sources
(a) No person shall discharge into the atmosphere from any single
source of emission whatsoever any air contaminants of a shade
or density darker than that designated as No. 1 on the Ringel-
mann chart or 20 percent opacity.
(b) A person may discharge into the atmosphere from any single
source of emission for a period or periods aggregating not
more than three minutes in any 60 minutes air contaminants
of a shade of density not darker than that designated as No.3
on the Ringelmann chart of 60 percent opacity.
(c) The Health Officer may approve exceptions to this Section
for specific sources which hold permits under Chapter 2;
provided, however, such exceptions may be made for startup,
shutdown, load change, and rate change or other short,
intermittent periods of time upon terms approved by the
Health Officer and made a part of such permit.
(d) The provisions of this Section shall not apply to combustion
sources in single-family and duplex dwellings where such
sources are used for heating or other domestic purposes.
6.1.2 Reserved
6.1.3 Uncombined Mater
.Where the presence of uncombined water is the only reason for failure
of an emission to meet the requirements of this Part, such sections
shall not apply.
(50.1) 6.2 Fugitive Dust
6.2.1 No person shall cause, suffer, allow, or permit any materials to
be handled, transported, or stored, or a building, its appurtenances, or
a road to be used, constructed, altered, repaired or demolished without
taking reasonable precautions to prevent particulate matter from becoming
airborne. Such reasonable precautions shall include, but not be limited
to, the following:
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(a) Use, where possible, of water or chemicals for control of
dust in the demolition of existing buildings or structures,
construction operations, the grading of roads or the clearing
of land;
(b) Application of asphalt, oil, water, or suitable chemicals on
dirt roads, materials stock piles, and other surfaces which
create airborne dust problems.
(c) Installation and use of hoods, fans, and fabric filters (or
other suitable control devices) to enclose and vent the
handling of dusty materials. Adequate containment methods shall
be employed during sandblasting or other similar operations.
6.2.2 Visible Emissions Restrictions Beyond Lot Line
No person shall cause or permit the discharge of visible fugitive dust
emissions beyond the lot line of the property on which the emissions
originate.
6.2.3 When dust, fumes, gases, mist, odorous matter, vapors, or any
combination thereof escape from a building or equipment in such a
manner and amount as to cause a nuisance or to violate any rule or
regulation, the Health Officer may order that the building or equipment
in which processing, handling and storage are done be tightly closed
and ventilated in such a way that all air and gases and air or gas-borne
material leaving the building or equipment are treated by removal or
destruction of air contaminants before discharge to the open air.
(51.5) 6.3 Fuel Burning Equipment
6.3.1 No person shall cause or permit the emission of particulate
matter from fuel-burning equipment in excess of the amount shown in
Table 6-1 for the heat input allocated to such source. Interpolation
of the data in Table 6-1 for heat input values between 10 million
BTU/hr and 250 million BTU/hr shall be accomplished by the use of the
equation:
E = 1.38H"0'44
where: E = Emissions in Ib/million BTU
H = Heat Input in millions of BTU/hr
6.3.2 For purposes of this Part, the total heat input from all similar
fuel combustion units which discharge particulate matter through a
common stack at a plant or premises shall be used for determining the
maximum allowable emission of particulate matter.
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TABLE 6-1
ALLOWABLE PARTICIPATE MATTER
EMISSION BASED ON HEAT INPUT
Heat Input Allowable Emission
(millions of aTU/hr) (Ib/itiillion BTU)
1. .5
10. .5
20. .37
40. .27
60. .23
80. .20
100. .18
150. .15
200. .13
250. .12
1,000,000. .12
(50.. 1.1) 6.4 Process Industries - General
6.4.1 No person shall cause or permit the emission of particulate
matter in any one hour from any source in excess of the amount shown
in Table 6-2 for the process weight per hour allocated to such source.
Interpolation of the data in Table 6-2 for the process weight per hour
values up to 60,000 Ibs/hr shall be accomplished by use of the equation:
E = 3.59 P0-62 P < 30 tons/hr
and interpolation and extrapolation of the data for process weight
per hour values equal to or in excess of 60,000 Ibs/hr shall be
accomplished by use of the equation:
E = 17.31 P0'16 P > 30 tons/hr
where: E = Emissions in pounds per hour
P = Process weight per hour in tons per hour.
6.4.2 Where the nature of any process or operation or the design of any
equipment is such as to permit more than one interpretation of this
Part, the interpretation that results in the minimum value for
allowable emission shall apply.
6.4.3 For purposes of this Part, the total process weight for all
similar process units at a plant or premises shall be used for
determining the maximum allowable emission of particulate matter
that passes through a stack or stacks.
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TABLE 6-2
ALLOWABLE PARTICULATE MATTER
EMISSION BASED ON PROCESS WEIGHT RATE
Process Weight Rate (Ib/hr)
100
500
1,000
5,000
10,000
20,000
60,000
80,000
120,000
160,000
200,000
1,000,000
(51.21) 6.5 Small Foundry Cupola
Allowable Emission Rate (Ib/hr)
0.56
1
2.
6.
.52
,34
,33
9.76
14.97
29.83
31.23
33.33
34.90
36.17
46.79
6.5.1 No person shall cause or permit the emission of particulate
matter in any one hour from any small foundry cupola source in excess
of the amount shown in Table 6-3 for the process weight per hour
allocated to such source.
6.5.2 Where the nature of any process or operation or the design of
any equipment is such as to permit more than one interpretation of
this Part, the interpretation that results in the minimum value for
allowable emission shall apply.
6.5.3 For purposes of this Part, the total process weight from all
similar process units at a plant or premises shall be used for deter-
mining the maximum allowable emission of particulate matter that
passes through a stack or stacks.
6.5.4 Foundry cupolas with a process weight rate greater than 50,000
pounds per hour shall be subject to the rules and regulations of Part 6.4.
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TABLE 6-3
ALLOWABLE PARTICULATE MATTER EMISSION BASED ON
PROCESS WEIGHT RATE FOR SMALL FOUNDRY CUPOLAS
Process Weight Allowable Emission Rate
(Ib/hr) (Ib/hr)
1,000 3.05
2,000 4.70
3,000 6.35
4,000 8.00
5,000 9.58
6,000 11.30
7,000 12.90
8,000 14.30
9,000 15.50
10,000 16.65
12,000 18.70
16,000 21.60
18,000 23.40
20,000 25.10
30,000 31.30
40,000 37.00
50,000 42.40
(51.1) 6.6 Cotton Gins
6.6.1 No person shall cause or permit the emission of particulate
matter in any one hour from any cotton gin operation in excess of the
amount shown in Table 6-4 for the process weight per hour allocated to
such operation. Particulate matter emissions subject to this Part
include process emissions and incinerator emissions if any; provided,
however, that this shall in no way relieve or affect the application
of Chapter 5 to open burning and incineration at cotton gin operations.
6.6.2 Where the nature of any process or operation or the design of
any equipment is such as to permit more than one interpretation of this
Part, the interpretation that results in the minimum value for
allowable emission shall apply.
6.6.3 For purposes of this Part, the total process weight from all simi-
lar process units at a plant or premises shall be used for determining
the maximum allowable emission of particulate matter that passes through
a stack or stacks.
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(51.14)
TABLE 6-4
ALLOWABLE PARTICULATE MATTER EMISSION BASED
ON PROCESS WEIGHT RATE FOR COTTON GINS
Process Weight
Rate
(Ib/hr)
Allowable
Emission Rate
(Ib/hr)
6.
6.
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
7 Kraft
7.1 Appl
1.6
2.4
3.1
3.9
4.7
5.4
6.2
7.7
9.2
10.7
12.2
Pulp Mills
icability
Process Weight
Rate
(Ib/hr)
Allowable
Emission Rate
(Ib/hr)
9,000
10,000
12,000
14,000
16,000
18,000
20,000
30,000
40,000
50,000
60,000 or more
13.7
15.2
18.2
21.2
24.2
27.2
30.1
44.9
59.7
64.0
67.4
This part applies to manufacturing facilities for pulping of wood
and the preparation and recovery of associated chemicals by the kraft
process, including combined recovery systems serving other processes such
as neutral sulfite pulping.
6.7.2 No person shall cause or permit the emission of particulate
matter from any kraft pulp mill in excess of the amounts provided as
follows:
(a) From all recovery furnaces, not more than 4.0 pounds per ton of
pulp.
(b) From all smelt dissolver vents, not more than 0.5 pounds per ton.
(c) From all lime kilns, not more than 1.0 pounds per ton of pulp.
6.7.3 The pulp production rates for kraft mills referred to in this
Part shall be tons of unbleached air-dries kraft pulp.
6.7.4 Notwithstanding the specific limits set forth in this Part, in
order to maintain the lowest possible emission of air contaminants,
the highest and best practical treatment and control for particulate
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matter currently available shall be provided for new kraft pulp mills.
(51.20) 6.8 Wood Waste Boilers
6.8.1 Applicability
This Part applies to boilers and other indirect heat exchangers using
not less than 30% wood wastes or wood by-products as fuel measured by
heat input.
6.8.2 No person shall cause or permit the emission of particulate
matter from any existing wood wastes boilers in excess of 0.30 grains per
standard dry cubic foot adjusted to 50% excess air. Provided that: for
any existing wood wastes boiler which must be modified in order to meet
the emission limitations of this Part, no person shall cause or permit
the emission of particulate in excess of:
(a) 0.17 grains per standard dry cubic foot, adjusted to 50% excess
air for combination gas and wood wastes boilers.
(b) 0.20 grains per standard dry cubic foot, adjusted to 50%
excess air for combination oil and wood wastes boilers.
(c) 0.23 grains per standard dry cubic foot, adjusted to 50%
excess air for combination coal and wood wastes boilers.
(d) 0.20 grains per standard dry cubic foot, adjusted to 50%
excess air for boilers using wood wastes only.
(51.2) 6.9 Coke Ovens
6.9.1 Applicability
The provisions of this Part shall apply to all coke ovens. Each coke
oven shall be considered as an individual oven.
6.9.2 Unloading
Every person operating coke ovens shall apply all reasonable measures to
prevent dust emissions from coal unloading and storage.
6.9.3 Charging
No person shall cause or permit charging of coal or other solid material
to a coke oven that will result in an emission of air contaminants of
an opacity greater than 40 percent or No. 2 of the Ringelmann chart,
other than that cause by uncombined water, for more than 5 minutes per
coking cycle.
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6.9.4 Coking
(a) Every person operating coke ovens shall maintain the coke oven
equipment in good condition and exercise good operating
practice to minimize emissions during coke production operations.
(b) No person shall cause or permit the emissions of air contami-
nants from a coke oven during coking of an opacity equal to or
greater than 40 percent or No. 2 of the Ringelmann chart,
other than that caused by uncombined water.
(c) All coke oven doors shall be operated by properly cleaning
and resealing the doors after their respective ovens are
pushed so as to minimize emissions.
(d) Every person operating coke ovens shall build and maintain
on the plant premises a facility, to maintain and promptly
and efficiently repair coke oven doors, and shall maintain
an inventory of coke oven door per twelve coke ovens operated.
6.9.5 Pushing
No person shall cause or permit pushing of coke from which will result
in an emission of air contaminants of an opacity greater than 40 percent
or No. 2 of the Ringelmann chart, other than that caused by uncombined
water, for more than one (1) minute per coking cycle.
6.9.6 Quenching
No person shall operate a coke oven plant without baffles installed
and operating in the quench towers. Water used for quenching must be
clear water of a quality approved by the Health Officer and no water
used for quenching may be contamined. Quenching operations using a
closed, recycling system must use clear water, of a quality approved by
the Health Officer for makeup.
6.9.7 The provisions of this Part apply to all existing coke ovens.
It is recognized that these regulations are imperfect in controlling
emissions from.coke ovens, although they can contribute to significant
lowering of air pollution. It is expected that, as the state-of-the-
art in coke oven control technology develops, more stringent emission
limitations will be prescribed. Many of Alabama's coke ovens have been
operated since the turn of the century and, in many cases, the age and
condition of the existing coke ovens preclude the installation of the
state-of-the-art control devices. These older ovens should be retired
from service as soon as economically possible.
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(50.2) CHAPTER 7
CONTROL OF SULFUR COMPOUND EMISSIONS
(51.6) 7.1 Fuel Combustion
7.1.1 No person shall cause or permit the operation of fuel burning
installation in such a manner that sulfur oxides, measured as sulfur
dioxide, are emitted in excess of 1.8 pounds per million BTU heat
input.
7.1.2 Air Quality Demonstration
In addition to the requirements of Section 7.1.1, every owner or
operator of a fuel burning installation having a total rating capacity
greater than 1500 million BTU per hour shall:
(a) Demonstrate, to the satisfaction of the Health Officer, that
the sulfur oxides emitted, either alone or in contribution to
other sources, will not interfere with attainment and main-
tenance of any primary or secondary ambient air quality
standard prescribed at Part 1.7.
(b) Demonstrate, to the satisfaction of the Health Officer
that in meeting the emission limitations of Section 7.1.1,
the installation will not increase emissions to the extent
that resulting air quality concentrations will be greater
than:
(1) those concentrations (either measured or calculated)
which existed in 1970; or
(2) those concentrations (either measured or calculated)
which existed during the first year of operation of
any installation which began operating after January 1,
1970.
(c) Upon the direction of the Health Officer, install and maintain
air quality sensors to monitor attainment and maintenance
of ambient air quality standards in the areas influenced by
the emissions from such installation. Results of such moni-
toring shall be provided to the Health Officer in a manner
and form as he shall direct.
7.1.3 All calculations performed pursuant to demonstrations required by
Section 7.1.2, shall assume that the fuel burning installation is
operating at or above the maximum capacity which such installation is
capable of being operated.
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7.1.4 For purposes of this part, the total heat input from all similar
fuel combustion units at a plant, premises, or installation shall be
used for determining the maximum allowable emission of sulfur dioxide
that passes through a stack or stacks.
7.1.5 No person shall cause or permit the emission or combustion of
any refinery process gas stream that contains ^S in concentrations
greater than 150 ppm without removal of the hydrogen sulfide in excess
of this concentration.
(51.18) 7.2 Sulfuric Acid Plants
No person shall cause or permit sulfur dioxide tail gas emissions from
sulfuric acid manufacturing plants to exceed 6.5 Ib/ton of 100 percent
sulfuric acid produced. The tail gas acid mist emissions are not to
exceed 0.5 Ib/ton of sulfuric acid produced and the sulfur trioxide
emissions are not to exceed 0.2 Ib/ton of sulfuric acid produced.
(51.19) 7.3 Sulfur Recovery Plants
7.3.1 No person shall cause or permit the sulfur oxide emission from
any existing sulfur recovery plant recovering sulfur from natural
gas to exceed 0.16 pounds per pound of sulfur processed.
7.3.2 Except as provided by Section 7.3.1, no person shall cause or
permit the sulfur oxide emission from a sulfur recovery plant to
exceed 0.08 pounds per pound of sulfur processed.
(51.14) TA_ Kraft Pulp Mills
7.4.1 Applicability
This part applies to manufacturing facilities for the pulping of wood
and the production and recovery of associated chemicals by the kraft
process, including combined recovery systems serving other processes
such as neutral sulfite pulping.
7.4.2 No person shall cause or permit the emissions of total reduced
sulfur (TRS) from recovery furnaces, lime kilns, digesters, and multiple
effect evaporators to exceed 1.2 pounds (expressed as hydrogen sulfide
on a dry gas basis) per ton of air-dried pulp from kraft pulp mills.
7.4.3 The pulp production rates for kraft pulp mills referred to in this
Part shall be calculated as provided in Part 6.7.3.
7.4.4 Notwithstanding the specific limits set forth in this Part,
in order to maintain the lowest possible emission of air contaminants,
the highest and best practicable treatment and control for TRS currently
available shall be provided for new kraft pulp mills.
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r
(50.4)
CHAPTER 8
CONTROL OF HYDROCARBON EMISSIONS
(51.16) 8.1 Storage of Volatile Organic Materials.
8.1.1 No person shall place, store or hold in any stationary tank
reservoir or other container of more than 60,000 gallons capacity any
volatile organic compounds unless such tank, reservoir, or other
container is a pressure tank capable of maintaining working pressures
sufficient at all times to prevent vapor or gas loss to the atmosphere
or is designed, and equipped with one of the following vapor loss control
devices:
(a) A floating roof, consisting of a pontoon type, double deck type
roof or internal floating cover, 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.
This control equipment shall not be permitted if the volatile
organic compounds have a vapor pressure of 11.0 pounds per
square inch absolute (568 mm. Hg) or greater under actual
storage conditions. All tank gauging or sampling devices shall
be gas-tight except when tank gauging or sampling is taking
place.
(b) A vapor recovery system, consisting of a vapor gathering system
capable of collecting the volatile organic compound vapors and
gases discharged and a vapor disposal system capable of process-
ing such volatile organic vapors and gases so as to prevent
their emission to the atmosphere and with all tank gauging and
sampling devices gas-tigh.t except when gauging or sampling
is taking place.
(c) Other equipment or means of equal efficiency for purposes of air
pollution control as may be approved by the Health Officer.
(d) No person shall place, store, or hold in any new stationary
vessel of more than 1,000-gallon capacity any volatile organic
compound unless such vessel is equipped with a permanent submerg-
ed fill pipe or is a pressured tank as described in paragraph
(a) above, or is fitted with, a system as described in paragraph
(b) above. Existing stationary storage vessels shall employ
portable submerged fill pipes or be equipped with permanent
submerged fill pipes.
8.1.2. This part shall not apply to crude petroleum produced, separated, ,
treated or stored in the field.
(51.16) 8.2 Volatile Organic Materials Loading Facilities.
8.2.1 No person shall load any volatile organic compounds into any tank,
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truck or trailer from any terminal or bulk storage facility handling more
than 50,000 gallons per day unless such terminal or facility is equipped
with, a vapor collection and disposal system, or its equivalent, properly
installed, in good working order, or has in operation a loading system
which will result in a 95 percent submerged fill either with a sub-
merged fill pipe or by loading from the bottom.
8.2.2 No person shall load any volatile organic compounds into any tank,
truck, or trailer having a capacity in excess of 200 gallons., unless
such loading facility is equipped as set forth in Paragraph 8.2.1.
Where the vapor collection and disposal system is utilized, the loading
arm shall be equipped with a vapor collection adaptor, pneumatic,
hydraulic, or other mechanical means which will provide a vapor-tight
seal between the adaptor and the hatch. A means shall be provided to
prevent liquid organic compounds drainage from the loading device when
it is removed from the hatch, of any tank, truck or trailer. When loading
is effected through, means other th.an the hatches, all loading lines shall
be equipped with fittings which make vapor-tight connections and which
close automatically when disconnected.
8.2.3 The part shall not apply to crude petroleum produced, separated,
treated or stored in the field.
(51.16) 8.3 Volatile Organic Compound Water Separation.
8.3.1 No person shall use any compartment of any single or multiple
compartment volatile, organic compound water separation which receives
effluent water containing 1,000 gallons a day or more of any volatile
organic compound, from processing, refining, treating, storing, or
handling volatile organic compounds unless such compartment 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.
(b) A container equipped with a floating roof, consisting of a
pontoon type, doubl-e deck type roof, or internal floating
cover, which will rest on the surface of the contents and be
equipped with a closure seal or 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.
(c) A container equipped with a vapor recovery system consisting of
a vapor gathering system capable of collecting the hydrocarbon
vapors and gases discharged and vapor disposal system capable
of processing such, hydrocarbon vapors and gases so as to
prevent emission to the atmosphere and with all container
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gauging and sampling devices gas-tight except when gauging
or sampling is taking place.
(d) A container having other equipment of equal efficiency for
purposes of air pollution control as may be approved by the
Health Officer,
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(50.5) CHAPTER 9
CONTROL OF CARBON MONOXIDE EMISSIONS
9.1 No person shall emit the carbon monoxide gases generated during the
operation of a grey iron cupola, blast furnace, or basic oxygen steel fur-
nace unless they are burned at 1,300°F for 0.3 seconds or greater in a
direct-flame afterburner or equivalent device equipped with an indicating
pyrometer which is positioned in the working area at the operator's eye
level.
9.2 No person shall emit a carbon monoxide waste gas stream from any
catalyst regeneration of a petroleum cracking system, petroleum fluid
coker, or other petroleum process into the atmosphere, unless the waste
gas stream is burned at 1,300°F for 0.3 seconds or greater in a direct-
flame afterburner or boiler equipped with an indicating pyrometer which
is positioned in the working area at the operator's eye level.
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(50.3) CHAPTER 10
CONTROL OF NITROGEN OXIDES EMISSIONS
(51.7) 1Q.1 New Combustion Sources
10.1.1 No person shall cause or permit emissions of nitrogen oxides from
a new gas-fired boiler with a capacity of 250 million BTU/hr or more in
excess of 0.20 pounds per million BTU of heat input per hour.
10.1.2 No person shall cause or permit emissions of nitrogen oxides from
a new oil-fired boiler with, a capacity of 250 million BTU/hr or more in
excess of 0.30 pounds per million BTU of heat input per hour.
10.1.3 No person shall cause or permit emission of nitrogen oxides from
a new coal-fired boiler with a capacity of 250 million BTU per hour or
more in excess of 0.7 pounds per million BTU of heat input per hour.
10.1.4 For purposes of this part, the total heat incut from all similar
fuel combustion units at a plant or premises shall be used for determin-
ing the maximum allowable emission of nitrogen oxides that passes through
a stack or stacks.
(51.10) 10.2 Nitric Acid Manufacturing.
No person shall cause or permit the emission of nitrogen oxides cal-
culated as nitrogen dioxide, from nitric acid manufacturing plants in
excess of 5.5 pounds per ton of 100 percent acid produced.
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1
(12.0) CHAPTER 11
CONTROL OF EMISSIONS FROM MOTOR VEHICLES
(50.1.2) ll.l Visible Emission Restrictions^ for Motor Vehicles.
(12.0)
11.1.1 No persons shall cause or permit the emission of visible air con-
taminants from gasoline-powered motor vehicles, operated upon any
street, highway or other public place, for longer than 5 consecutive
seconds.
11.1.2 No person shall cause or permit the emission of visible air con-
taminants from diesel-powered motor vehicles and other movable sources,
of a shade or density greater than 20 percent opacity for longer than
5 consecutive seconds.
11.1.3 Uncombined water. Where the presence of uncombined water is the
only reason for failure of an emission to meet the requirements of the
Part, such section shall not apply.
(12.0) 11.2 Ignition System and Engine Speed. All 1968 and subsequent model
year gasoline-powered motor vehicles shall be maintained so as to be in
compliance with the following requirements:
11.2.1 The number of revolutions per minute of an engine while operating
at idle speed shall be in accordance with the specifications and deter-
mined under conditions published by the manufacturer, but in no case
shall the idle speed be less than the minimum specified in such pub-
lished specifications. Revolutions per minute shall be tested for
accuracy and precision at reasonable intervals.
11.2.2 Ignition timing of an engine shall comply with the published
specifications of the manufacturer as determined in accordance with pro-
cedures and conditions specified by the manufacturer.
11.2.3 All cyl-inders shall be firing.
(12.0) 11.3 Crankcase Ventilation Systems. The positive crankcase ventilation
system on all 1968 and subsequent model year gasoline powered motor
vehicles, except motocycles and motor tricycles, and all 1969 and sub-
sequent model year gasoline powered motor vehicles, including motor-
cycles and motor tricycles, shall meet the following requirements:
11.3^1 The plumbing and connections shall be properly connected as
installed by the manufacturer and free of obstructions and leakage.
11.3.2 There shall be a negative pressure (suction) at the inlet of the
crankcase ventilation valve.
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11.3.3 The crankcase ventilation valve shall he freely operative so as
to regulate the flow of gases through, the system.
(12.0) 11.4 Exhaust Emission Control System.
_! 1.4.1 Air Injection System. Exhaust emission control air injection sys-
tems of those gasoline powered motor vehicles so equipped by the manu-
facturer shall operate so that:
(a) The air delivery hoses, connections, and air distribution
manifold shall be properly connected as installed by the
manufacturer and free of obstructions and leakage.
(b) The air compressor drive belt tension shall be within manufac-
turer's specifications.
(c) There is a positive air flow from the air pump to the air de-
livery distribution manifold.
(d) The check valve prevents any reverse air flow from the air
distribution manifold out through the check valve inlet.
(e) The anti-backfire valve, gulp-valve, air bypass valve, or other
similar device with the same function permits the passage of
air from the air pump to the exhaust manifold or manifolds,
except when the carburator throttle is closed rapidly from an
open position as in deceleration.
11.4.2 Engine Modification Systems. All vacuum control valves, vacuum
lines, mechanical linkage, electrical circuits and switches peculiar to
certain engine modification systems shall be properly connected as in-
stalled on all 1968 and subsequent model year gasoline-powered motor
vehicles so equipped by the manufacturer.
11.4.3 Other Exhaust Emission^ Control Systems. Any other exhaust
emission control system, otheF than air injection or engine modification,
which is installed or incorporated in a motor vehicle in compliance with
Federal motor vehicle pollution control regulations shall be maintained
in good operable conditions as specified by the manufacturer and shall
be used at all times that the motor vehicle is operated.
11.4.4 The requirements of this Part shall apply to all gasoline-powered
motor vehicles with the following exceptions:
(a) Vehicles of 1967 or earlier model year.
(b) Vehicles not equipped by the manufacturer with exhaust
emission control air injection systems,
(c) Motor vehicles with an engine displacement of less than 50
cubic inches (819.35 cubic centimeters).
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(12.0) 11.5 Evaporative Loss Control Systems. The evaporative loss control
systems or devices designed and installed on 19.72 and subsequent model
year gasoline-powered motor vehicles shall be maintained in an operable
condition such that the system or device continues 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.
(2.0) 11.6 Other Prohibited Acts. In addition to the other strictures con-
tained in this Chapter, no person shall cause, suffer, allow, or permit
the removal, disconnection, 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 purpose of any such, motor vehicle pollution
control device by installing therein or thereto any part or component
which is not a comparable replacement part or component of ,the device.
Provided that:
11.6.1 The components or parts of emission control systems on motor
vehicles may be disassembled or reassembled for the purpose of repair
and maintenance in proper working order.
11.6.2 Components and parts of emission control systems may be removed
and replaced with like components and parts intended by the manufacturer
for such replacement.
11.6.3 The provisions of this Part shall not apply to salvage opera-
tions on wrecked motor vehicles when the engine is, so damaged that it
will not be used again for the purpose of powering a motor vehicle on
a highway.
(2.0) 11.7 Effective Date. The provisions of th.is Chapter shall become effec-
tive sixty (60) days from the date of its adoption and promulgation.
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MOBILE COUNTY BOARD OF HEALTH
AIR POLLUTION CONTROL RULES AND REGULATIONS
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(2.0) CHAPTER 1 GENERAL PROVISIONS
(2.0) T.I Declaration of Policy and Purposes
1.1.1
It is hereby declared to be the public policy of the Mobile County Board
of Health and the purpose of these regulations to achieve and maintain
such levels of air quality as will protect human health and safety, and
to the greatest degree practicable, prevent injury to plant and animal
life and property, foster the comfort and convenience of the people, pro-
mote the social development of Mobile County and facilitate the enjoyment
of the natural attractions of this County.
1.1.2
To these ends it is the purpose of these regulations to provide for a
coordinated program of air pollution prevention, abatement and control in
Mobile County; to facilitate cooperation with the Alabama Air Pollution
Control Commission and its technical staff; and to provide a framework
consistent with Act 769, Alabama Legislature, Regular Session 1971, within
which all values may be balanced in the public interest.
(2.0) 1.2 Structure and Numbering of Rules and Regulations
1.2.1 Title and Scope
The provisions contained in these rules and regulations shall be known and
may be cited as the Mobile County Air Pollution Control Rules and Regula-
tions, and shall apply to all activities and all persons in Mobile County,
Alabama, including Federal and State activities.
1.2.2 Chapters
The normal division of these rules and regulations are chapters, which
should encompass a broad subject matter. Chapters are numbered consecutively
in Arabic throughout the rules and regulations.
1.2.3 Parts
The normal division of chapters are parts. A part should be devoted to
a specific subject matter within a chapter., Parts are numbered con-
secutively in Arabic throughout each chapter and shall include the number
of the chapter set off by a decimal pount. Thus, the part number for
part 15 within Chapter 3 is 3.15.
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1.2.4 Sections
The normal divisions of parts are sections. The section is the basic
unit of these rules and regulations. Sections are numbered consecutively
in Arabic throughout each part and shall include the numbers'of the part
set off by a decimal pount. Thus, the section number for Section 26
of Part 3.15 is 3.15.26.
1.2.5 Internal Division of Sections
Whenever internal divisions are necessary, sections shall be subdivided
into paragraphs, paragraphs into s'jbparagraphs, and subparagraphs into
subdivisions, designated as follows:
Terminology: Illustrative Symbol:
Paragraph (a)
Subparagraph (1)
Subdivision (i)
1.2.6 Promulgation Procedure
All requirements and provisions subject to inclusion in these rules and
regulations shall be drafted as amendments to the Mobile County Air
Pollution .Control Rules and Regulations and prepared in accordance with
the provisions of this part and with, insofar as it applies and does
not conflict with this part, the provisions of Part 17 of Title 1 of
the Code of Federal Regulations, as the same may be amended or revised.
0-°) 1.3 Definitions
As used in these rules and regulations, terms shall have the meaning
ascribed in this part.
1.3.1 Act
Shall mean the Alabama Air Pollution Control Act of 1971, Act No. 769,
Regular Session, 1971.
1.3.2 Air Contaminant
Shall mean any solid, liquid, or gaseous matter, any odor, or any com-
bination thereof, from whatever source.
1.3.3 Air Pollution
Shall mean the presence in the outdoor atmosphere of one or more air
contaminants in such quantities and duration as are, or tend to be,
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injurious to human health or welfare, animal or plant life, or property, or
would interfere with the enjoyment of life or property throughout the
County and in such territories of the County as shall be affected thereby.
1.3.4 Air Pollution Emergency
Shall mean a situation in which meteorological conditions and/or contaminant
levels in the ambient air reach or exceed the levels which may cause
imminent and substantial endangerment to health.
1.3.5 Board
Shall mean the Mobile County Board of Health.
1.3.6 Chairman
Shall mean the Chairman of the Mobile County Board of Health.
1.3.7 Commenced
Shall mean than an owner or operator has undertaken a continuous program
of construction or modification or than an owner or operator has entered into
a binding agreement or contractual obligation to undertake and complete,
within a reasonable time, a continuous program of construction or modification.
1.3.8 Commtsstoh
Shall mean the "Air Pollution Control Commission of the State of Alabama"
established by the Act.
1.3.9 Construction
Shall mean fabrication, erection, or installation of an affected facility.
1.3.10 Control
Shall mean any device which has the function of controlling the emissions
from a process, fuel-burning, or refuse-burning device and thus reduces the
creation of, or the emission of air contaminants into the atmosphere, or
both.
1.3.11 Control Regulation
Shall mean a legally enforceable emission control strategy.
1.3.12 Control Strategy
Shall mean a collection of various emission standards selected for the
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different categories of sources.
1.3.13 County
Shall mean Mobile County, Alabama.
1.3.14 Director
Shall mean the Director of the Bureau of Environmental Health of the
Mobile County Board of Health, or in his absence, the designated Acting
Director, or Assistant Director of the Bureau of Environmental Health.
1.3.15 Effluent Water Separator
Shall mean any tank, box, sump, or other container in which any volatile
organic 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.
1.3.16 Emission
Shall mean a release into the outdoor atmosphere of air contaminants.
1.3.17 Existing Source
Shall mean any source in operation or on which construction has commenced
on the date of initial adoption of an applicable rule or regulation;
except that any existing source which has undergone modification after the
date of initial adoption of an applicable rule or regulation, shall be
reclassified and considered a new source.
1.3.18 Federal Act
Shall mean the Clean Air Act (42 U.S.C. 185 et seq.) as last amended, and
as may hereafter be amended.
1.3.19 Fuel-Burning Equipment
Shall mean any equipment, device or contrivance and all appurtenances
thereto, including ducts, breechings, fuel-feeding equipment, ash removal
equipment, combustion controls, stacks and chimney, used primarily, but
not exclusively, to burn any fuel for the purpose of indirect heating in
which the material being heated is not contacted by and adds no sub-
stance to the products of combustion.
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1.3.20 Fugitive Dust
Shall mean solid air-borne participate matter emitted from any source other
than a flue or stack.
1.3.21 Health Officer
Shall mean the Health Officer of the Mobile County Board of Health or his
designee.
1.3.22 Heat Available
Shall mean the aggregate heat content of all fuels whose products of
combustion pass through a stack or stacks.
1.3.23 Reserved
1.3.24 Incinerator
Shall mean any equipment, device or contrivance and all appurtenances
thereof used for the destruction by burning of solid, semi-solid, liquid,
or gaseous combustible wastes.
1.3.25 Maximum Process Weight Per Hour
Shall mean the equipment manufacturer's or designer's guaranteed maximum
(whichever is greater) process weight per hour.
1.3.26 Modification
Shall mean any physical change in, or change in the method of operation
of, an affected source which increases the amount of any air contaminant
(to which a rule or regulation applies) emitted by such source or which
results in the emission of any air contaminant (to which a rule or
regulation applies) not previously emitted, except that:
(a) Routine maintenance, repair, and replacement shall not be considered
physical changes, and
(b) The following shall not be considered a change in the method of
operation:
(1) An increase in the production rate;
(2) An increase in hours of operation;
(3) Use of an alternative fuel or raw material.
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1.3.27 New Source
Shall mean any source built or installed after the date of initial adop-
tion of an applicable rule or regulation and any source existing at said
stated time which later undergoes modification. Any source moved to
another premise involving a change of location after the date of initial
adoption of an applicable rule or regulation shall be considered a new
source.
1.3.28 Odor
Shall mean smells or aromas which are unpleasant to persons, or which
tend to lessen human food and water intake, interfere with sleep, upset
appetite, produce irritation of the upper respiratory tract, or cause
sysptoms of nausea, or which by their inherent chemical or physical nature,
or method of processing, are, or may be, detrimental or dangerous to
health. Odor and smell are used interchangeable herein.
1.3.29 Opacity
Shall mean the obscuration to an observer's view produced by smoke of any
color that is equivalent to an obscuration by smoke of a shade specified
in the Ringelmann Smoke Chart published by the United States Bureau of
Mines.
1.3.30 Open Burning
Shall mean the burning of any matter in such a manner that the products
of combusion resulting from the burning are emitted directly into the
ambient air without passing through an adequate stack, duct, or chimney.
1.3.31 Operating Time
Shall mean the number of hours per year that a source conducts operations.
1.3.32 Organic Materials
Shall mean any chemical compounds of carbon excluding carbon monoxide,
carbon dioxide, carbonic acid, metallic carbides, metallic carbonates,
and ammonium carbonate.
1.3.33 Organic Solvents
Shall mean organic materials, which include diluents and thinners, which
are liquids at standard conditions and which are used as dissolvers,
viscosity reducers, or cleaning agents.
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1.3.34 Owner or operator
Shall mean any person who owns, leases, operates, controls, or suoervises
an affected facility, article, machine, equipment, other contrivance, or
source.
1.3.35 Particulate Matter
Shall mean finely divided material, except uncombined water which is liquid
or solid at standard conditions of temperature at 70 Degrees F and Pres-
sure at 14.7 pounds per square inch absolute.
1.3.36 Person
Means the State, any individual, partnership, firm, association, munici-
pality, public or private corporation or institution, political subdivision
or agency of the State, including any Environmental Improvement Authority
established pursuant to. Act Number 1117, Regular Session of 1969 (General
Acts 1969, p. 2060), any trust, estate, or any other legal entity and any
successor, representative, agent, or.agency of the foregoing, the United
States or any department, agency or instrumentality of the executive,
legislative or judicial branches of the Federal Government.
1.3.37 Photochemi cally Reacti ve Sol vent
Shall mean any solvent with an aggregate of more than 20 percent of its
total volume composed of the chemical compounds classified below or which
exceeds any of the following individual percentage 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 unsaturation:
5 percent;
(b) A combination of aromatic compounds with either eight or more carbon
atoms to the molecule except ethyl benzene: 8 percent;
(c) A combination of ethyl benzene, ketones having branched hydrocarbon
structures, or toluene: 20 percent.
1.3.38 Process
Shall mean any action, operation, or treatment of materials, including
handling and storage thereof, which may cause discharge of an air con-
taminant, or contaminants, into the atmosphere, but excluding fuel burn-
ing and refuse burning.
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1.3.39 Process Weight
Shall mean the total weight in pounds of all materials introduced into
any specific process which may cause any discharge into the atmosphere.
1.3.40 Process Weight Per Hour
Shall mean the total weight of all materials introduced into any specific
process that may cause any discharge of particulate matter. Solid fuels
charged will be considered as part of the process weight, but liquid and
gaseous fuels and combustion air will not. For a cyclical or batch
operation, the process weight per hour will be derived by dividing the
total process weight by the number of hours in one complete operation,
the process weight per hour will be derived by dividing 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 equipment is idle. For a continuous operation, the process
weight per hour will be derived by dividing the process weight for a
typical period of time by that time period.
1.3.41 Refuse
Shall mean matter consisting of garbage, rubbish, ashes, street debris,
dead animals, abandoned vehicles, industrial wastes, demolition wastes,
construction wastes, special wastes, or sewage treatment residue.
1.3.42 Ringelmann Chart
Shall mean the chart published and described in U.S. Bureau of Mines
Information Circular 8333.
1.3.43 Smoke
Shall mean gas-borne particles resulting from incomplete combustion,
consisting predominantly, but not exclusively, of carbon, ashes, or other
combustible material.
1.3.44 Soiling Index
Shall mean a measure of the soiling properties of suspended particles
in air determined by drawing a measured volume of air through a known
area of Whatman No. 4 filter paper for a measured period of time,
expressed as COHs/ 1,000 linear feet.
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1.3.45 Source
Shall mean any building, structure, facility, installation, article,
machine, equipment, device, or other contrivances which emits or may
emit any air contaminant. Any activity which utilizes abrasives or
chemicals for cleaning or any other purpose (such as cleaning the
exterior of buildings) which emits air contaminants shall be considered
a source.
1.3.46 Stack or Ducts
Shall mean any flue duct, or other contrivance arranged to conduct
emissions to the open air,
1.3.47 Startup
Shall mean the setting in operation of an affected source for any purpose.
1.3.48 State
Shall mean the State of Alabama.
1.3.49 Submerged Fill Pipe
Shall mean any fill pipe, the discharge opening of which is entirely
submerged when the liquid level is 6 inches above the bottom of the tank;
or when applied to a tank which is loaded from the side, shall mean any
fill pipe, the discharge opening of which is entirely submerged when
the liquid level is two times the fill pipe diameter, in inches, above
the bottom of the tank.
1.3.50 Uncombined Water
Shall mean any water droplets or water vapor condensate that does not con-
tain any other solid or liquid particulate matter attached to the water
droplets.
1.3.51 Volatile, Organic Compounds
Shall mean any compound containing carbon and hydrogen or containing
carbon and hydrogen in combination with any other elements which has a
vapor pressure of 1.5 pounds per square inch absolute or greater under
actual storage conditions.
1.3.52 Total Reduced Sulfur (TRS)
Shall mean hydrogen sulfide, mercaptans, dimethyl sulfide, dimethyl
disulfide, and any other organic sulfides present.
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1.3.53 Model Year
Shall mean the annual production period of new motor vehicles designated
by the calendar year in which such period ends, provided that if the
manufacturer does not so designate vehicles manufactured by him, the
model year with respect to such vehicles shall mean the twelve month
period beginning January 1 of the year specified herein.
1.3.54 Motor Vehicle
Shall mean every self-propelled device in or upon or by which, any person
or property is, or may be, transported or drawn upon a public highway.
(2.0) 1.4 Air Pollution Control Program.
There is hereby created within the Bureau of Environmental Health of the
Mobile County Board of Health'an Air Pollution Control Program. The
Director of the Bureau of Environmental Health shall administer these
regulations and the program under the direction of the Health Officer.
(2.0) 1.5 Powers and Duties of the Mobile County Board of Health.
The Mobile County Board of Health shall have the following powers and
duties:
1.5.1
To hold hearings relating to any aspect of or matter in the administration
of these regulations, and in connection therewith, compel the attendance
of witnesses and the production of evidence.
1.5.2
To issue such orders as may be necessary to affectuate the purposes of
these regulations and enforce the same by all appropriate administrative
and judicial proceedings.
1.5.3
To issue such orders as may be necessary to effectuate the purpose of these
regulations and enforce the same by all appropriate administrative and
judicial proceedings.
1.5.4
To secure necessary scientific, technical, administrative and operational
services, including laboratory facilities, by contract or otherwise.
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1.5.5
To prepare and develop a comprehensive plan or plans for the prevention,
abatement and control of air pollution in Mobile County.
1.5.6
To encourage voluntary cooperation by persons and affected groups to
achieve the purposes of these regulations.
1.5.7
To encourage and conduct studies, investigations and research relating
to air contamination and air pollution and their causes, effects, preven-
tion, abatement and control.
1.5.8
To determine,by means of field studies and sampling, the degree of air
contamination and air pollution in the County and the several parts thereof.
1.5.9
To make a continuing study of the effects of the emission of air contami-
nants from motor vehicles on the quality of the outdoor atmosphere of Mobile
County and the several parts thereof, and make recommendations to appropri-
ate public and private bodies with respect thereto.
1.5.10
To collect and disseminate information and conduct educational and training
programs relating to air contamination and air pollution.
1.5.11
To advise, consult, contract and cooperate with agencies of the State,
local governments, industries, other states, interstate or interlocal
agencies, and the Federal Government, and with interested persons or groups.
1.5.12
To consult, upon request, with any person proposing to construct, install
or otherwise acquire an air contaminant source or device or system for
the control thereof, concerning the efficacy of such device or system, or
the air pollution problem which may be related to the source, device or
system. Nothing in any such consultation shall be construed to relieve
any person from compliance with the Act, these regulations, or any other
provision of law.
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1.5.13
To accept, receive and administer grants or other funds or gifts from
public and private agencies, including the Federal and State Government,
for the purpose of carrying out any of the functions of these regulations.
1.5.14
To provide for the establishment of advisory committees, appointment of
the membership of such committees, scope of investigation, and other
duties, of such committees.
1.5.15
To require from any person reports containing information as may be re-
quired by the Health Officer concerning location, size and height of
contaminant outlets,processes employed, rules used and the nature and time
periods or duration of emissions, and such other information as is relevant
to air pollution.
1.5.16
To provide for the delegation of the authority of the Health Officer to
employees of the Mobile County Board of Health for the performance of any
act or duty necessary or incidental to the administration of the Act or
these regulations.
1.5.17
To determine and establish a fee schedule related to activities of the
air pollution control program and to provide for collection of same as
provided for in Alabama Act Number 769, Regular Session, 1971.
(14.0) 1.6 Availability of Records and Information
1.6.1 Public Inspection of Records
Except as is provided in this part, any records, reports or information
obtained under the Act or these regulations and the official records of
the Board shall be available to the public for inspection. Requests to
inspect such records should state the general subject matter of the records
sought to be inspected to permit identification and location.
1.6.2 Exceptions
Upon a showing satisfactory to the Health Officer by any person that re-
cords, reports, or information, or particular part thereof, (other than
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emission data) to which the Board has access if made public, would
divulge production or sales figures or methods, processes or production
unique to such person, or would otherwise tend to affect adversely the
competitive position of such person by revealing trade secrets, the
Board and the Health Officer shall consider such record, report, or
information or particular portion thereof confidential in the administra-
tion of the Act.
1.6.3 Creation of Record
Records will not be created by compiling selected items from other docu-
ments at the request of a member of the public, nor will records be created
to provide the requester with data such as ratios, proportions, percentages,
frequency distribution, trends, correlations, or comparisons.
1.6.4 Denial of Requests, for, or Non-existence of, Information
If it is determined pursuant to this Part that requested information will
not be provided or that, to the best knowledge of the Health Officer,
requested information does not exist, the Health Officer shall notify in
writing the party requesting the information that the request is either
denied or cannot be fulfilled.
1.6.5 Copies of Documents
If it is determined that information requested may be disclosed, the re-
questing party shall be afforded the opportunity to obtain copies of the
documents containing such information. However, records shall not be re-
leased for copying by non-Board personnel except by permission of the
Health Officer. When a determination not to disclose a portion of Informa-
tion requested has been made, records shall be masked for copying of non-
excepted portions of the information. If copies of information are re-
quested, the Health Officer may furnish said copies at a price to be set
by the Health Officer that would compensate for the cost of producing the
requested copies.
1.6.6 Disclosure of Information
Nothing herein shall be construed to prevent disclosure of such report,
record or information to Federal or State representative as necessary
for purposes of administration of the Program or of any Federal or State
Air Pollution Control Law, or when relevant in any proceeding under the
Act or these regulations.
1.6.7 Correlation of Information
As soon as practicable, the Health Officer shall provide for public
availability of emission data reported by source owners or operators
or otherwise obtained by the Health Officer. Such emission data shall
be correlated with applicable emission limitations or other measures.
As used in this section, "correlated" means presented in such a manner
as to show the relationship between measured or estimated amounts of
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emissions and the amounts of such emissions allowable under these rules
and regulations.
(4.0) 1.7 Ambient Air Quality Standards
1.7.1 Primary and Secondary Standards
The National primary ambient air quality standards and national secondary
ambient air quality standards and accompanying appendices of reference
methods, set forth as Part 50 of Title 40 of the Code of Federal Regula-
tions, as the same may be amended or revised, are hereby incorporated and
made a part of these regulations, and shall apply throughout the county.
1.7.2 Policy
It is the objective of the Board to obtain and maintain the ambient air
quality standards of this Part in achieving the policy and purpose of the
Act and as required by the Federal Act. The adoption hereby of the nation-
al primary and secondary ambient air quality standards shall not be
considered in any manner to allow significant deterioration of existing
air quality in any portion of the county.
1.7.3 Attainment of Primary Standard
These rules and regulations and the administration of the Air Pollution
Control Program shall provide for the attainment of the national primary
ambient air quality throughout the county as expeditiously as practicable,
but in no case later than three years after the date of initial adoption
of these rules and regulations or within the time limits specified by
Section 110 (a) of the Clean Air Act, as amended (84 Stat. 1680), which-
ever is later.
1.7.4 Attainment of Secondary Standard
To the extent practicable and feasible, these rules and regulations and
the administration of the Air Pollution Control Program shall strive
for the attainment of the national secondary ambient air quality through-
out the county concurrently with the attainment of the national primary
ambient air quality standard as provided in Section 1.7.3.
(9.0) 1.8 Inspections
The Health Officer or his authorized representative may enter and inspect
any property, premises or place on or at which an air contaminant source
is located or is being constructed, installed or established at any
reasonable time for the purpose of ascertaining the state of compliance
with these regulations. No person shall refuse entry or access to the
Health Officer or his authorized representative who requests entry for
purposes of inspection, and who presents appropriate credentials; nor
shall any person obstruct, hamper or interfere with any such inspection.
If requested, the owner or operator of the premises shall receive a report
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setting forth all facts found which relate to compliance status.
(9.0) 1.9 Monitoring, Records. Reporting
(13.0)
1.9.1
The Health Officer may require the owner or operator of any air contami-
nant source to establish and maintain such records; make such reports;
install, use and maintain such monitoring equipment or methods; sample
such emissions in accordance with such methods, at such locations, intervals
and procedures as the Health Officer shall prescribe; and provide such
periodic emission reports as required in Section 1.9.2.
1.9.2 Required Reports
Records and reports as the Health Officer may prescribe on air contami-
nants or fuel shall be recorded, compiled and submitted on forms furnished
by the Health Officer or when forms are not so furnished, then in formats
approved by the Health Officer.
(9.0) 1.10 Sampling and Testing Methods
1.10.1 Methods
All required sampling and testing'shall be made and the results calculated
in accordance with sampling and testing procedures and methods approved
by the Health Officer. All required samples and tests shall be made under
the direction of persons qualified by training and/or experience in the
field of air pollution control.
1.10.2 Standard Methods
The Health Officer, to the extent practicable, should recognize and approve
the test methods and procedures established by Part 60 of Title 40 of the
Code of Federal Regulations, as the same may be amended or revised.
1.10.3
The Health Officer or his authorized representative may conduct tests and
take samples of air contaminants, fuel, process material or other material
which affects or may affect emission of air contaminants from any source.
Upon request of the Health Officer, the person responsible for the source
to be tested shall provide necessary holes in stacks or ducts and such
other safe and proper sampling and testing facilities exclusive of instru-
ments and sensing devices as may be necessary for proper determination
of the emission of air contaminants. If the Health Officer or his
authorized representative during the course of an inspection obtains a
sample of air contaminant, fuel, process material, or other material, he
shall give the owner or operator of the equipment or fuel facility a
receipt for the sample obtained.
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1.10.4 Report to Owner or Operator
At the conclusion of any inspection under Part 1.3 of these regulations,
or at the completion of any testing or sampling under this Part, the owner
or operator of the premises, if he so requests, shall receive a report
setting forth all facts found which relate to compliance status with these
rules and regulations.
(6.0) 1.11 Compliance Schedule
1.11.1 Scope
Except as otherwise specified, compliance with the provisions of these
rules and regulations shall be according to the time schedule of this Part.
1.11.2 New Sources
All new sources shall comply with the applicable rules and regulations
of Chapter 5 et seq. within 60 days after achieving the maximum production
rate at which the affected source will be operated, but not later than
120 days after initial startup of such source, unless the Health Officer
specifies another period of time as a condition to the issuance of any
Permit under Chapter 3.
1.11,3 Existing Sources
All existing sources not in compliance as of the date of initial adoption
of an applicable rule or regulation contained in Chapter 5 et seq. shall
be in compliance within 6 months of such initial date unless the owner
or operator responsible for the operation of such source shall have
submitted to the Health Officer in a form and manner satisfactory to him,
a control plan and schedule for achieving compliance, such plan and
schedule to contain a date on or before which full compliance will be
attained, and such other information as the Health Officer may require.
Any such plan and schedule expected to extend over a period of 18 or more
months from such initial date shall include provisions for periodic
increments of progress toward full compliance. If approved by the Health
Officer, such dates shall be the dates on which such owner or operator
shall achieve incremental progress and full compliance. The Health
Officer may require persons to submit subsequent periodic reports on pro-
gress in achieving compliance. In no event shall the control plan and
schedule exceed 3 years from the date of initial adoption of an applicable
rule or regulation. The provisions of this Section shall not apply to
sources for which permits are required under Chapter 3.
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1.11.4
Nothing in this Part shall relieve any person, or any new or existing
source from complying with the provisions of Chapters 1 through 4 of
these rules and regulations.
(7.0) 1.12 Maintenance and Malfunctioning of Equipment; Reporting
(is.o) :::
1.12.1 Maintenance; Reporting
In the case of shutdown of air pollution control equipment (which operates
pursuant to any permit issued by the Health Officer) for necessary sche-
duled maintenance, the intent to shutdown such equipment shall be reported
to the Health Officer at least twenty-four (24) hours prior to the planned
shutdown, unless such shutdown is accompanied by the shutdown of the source
which such equipment is intended to control. 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 shutdown
the source operation during the maintenance period.
1.12.2 Malfunction; Reporting
In the event that any emission source, air pollution control equipment,
or related facility fails or breaks down in such a manner as to cause
the emission of air contaminants in violation of these rules and regula-
tions, the person responsible for such source, equipment, or facility shall
notify the Health Officer within 24 hours of such failure or breakdown
and provide a statement giving all pertinent facts, including the
estimated duration of the breakdown. The Health Officer shall be notified
when the condition causing the failure or breakdown has been corrected
and such source, equipment, or faciltiy is again in operation.
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(2.0) 1.13 Prohibition of Air Pollution
No person shall permit or cause air pollution as defined in Section
1.3.3 of this Chapter by the discharge of any air contaminant for which
no ambient air quality standards have been set under Section 1.7.1.
(15.0) 1.14 Penalties and Citations
1.14.1
Any person who violates any provision of these regulations or who violates
any determination or order of the Health Officer pursuant to these regula-
tions shall be liable to a penalty not to exceed $10,000 for said viola-
tion and an additional penalty not to exceed $10,000 for each day during
which such violation continues, which penalty may be recovered by the
Mobi.le County Board of Health in a civil action in the Circuit Court of
said county and such person may also be enjoined from continuing such
violation.
1.14.2
Any money penalty so recovered shall be deposited in the Treasury of the
Mobile County Board of Health, to the account of the Air Pollution Control
Program of the Mobile County Board of Health.
1.14.3
It shall be the duty of the District Attorney of the Judicial Circuit
having jurisdiction in Mobile County to bring such actions in the Circuit
Court at the request of the Mobile County Board of Health in the name of
Mobile County, Alabama. The Mobile County Board of Health may at its
option also commence such actions utilizing attorneys employed by the
Mobile County Board of Health.
1.14.4
Any person who knowingly violates or fails or refuses to obey or comply
with any provision of these regulations or knowlingly submits any false
information required by these regulations shall be guilty of a misdemeanor
and upon conviction shall be punished as provided by law.
1.14.5
The Mobile County Board of Health hereby authorized the Health Officer
to issue citations to any person violating any provisions of these regula-
tions. Said citation commanding said person to cease and desist from
violating the provisions of these regulations. The citation shall specify
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the provision or provisions of these regulations alleged to be violated
and shall specify generally the facts alleged to constitute a violation
thereof. Said citation shall command the person to appear at a hearing
in person or by attorney at a time and place specified before the Board
of Health or its appointed hearing officer and show cause why a
prosecution for the violation of the provision or provisions of these
regulations should not be commenced. No citation shall be issued for an
appearance before the Board of Health or its appointed hearing officer
on a date less than 10 days next after the issuance thereof, except when
an emergency air episode has been declared, in which case appearance
may be required within 24 hours. The citation may be directed to a
business or corporation or to the president, manager, superintendent,
or other person in charge of the business or corporation. The citation
may be executed by leaving a copy thereof at any office of the business
or corporation or by leaving a copy with some person at said office or
at the residence of the president, manager, superintendent, or other
person in charge.
1.14.6
The issuance of a citation shall not be a condition precedent to the
beginning of a prosecution under section 1.14.1 and 1.13.3 hereof; how-
ever, where a citation has been issued the accused shall be afforded an
opportunity to be heard upon said citation before any prosecution is
commenced hereunder. At the conclusion of the hearing on the citation
the Mobile County Board of Health may cause a prosecution to be commenced
for said violation in which case the Mobile County Board of Health
shall direct the Health Officer or his authorized representative to
appear before a Magistrate authorized to take oaths and issue warrants
of arrest in the County where the air contaminant source is located and
make affidavit setting out the findings of the Mobile County Board of
Health. The Magistrate shall forthwith issue a warrant of arrest for
the party charged commanding any Sheriff or other officer of the State
authorized by state law to execute warrants or arrest, to arrest the
defendant and forthwith bring him before the Magistrate. The warrant
shall be returnable to the court charged with jurisdiction to try mis-
demeanors committed in Mobile County, Alabama. The Board shall not
cause a prosecution to be commenced if it finds that the proximate cause
of the alleged violation was not the fault of the alleged defender.
1.14.7
The testimony taken at any hearing before the Mobile County Board of
Health may be under oath and may be recorded stenographically, but the
parties shall not be bound by the strict rules of evidence prevailing
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in the courts of law and equity. True copies of any transcripts and
of any other record made of or at such hearing shall be furnished to
any party hereto upon request and on payment of the reasonable cost
of making such transcript.
(2.0) 1.15 Circumvention
No person shall cause or permit the installation or use of any device
or any means which, without resulting in reduction in the total amount
of air contaminant emitted, conceals or dilutes any emission of air
contaminant which would otherwise violate these rules and regulations.
(2.0) 1.16 Severability
The provisions of these rules and regulations and the various
applications thereof are declared to be severable and if any chapter,
part, section, paragraph, subparagraph, subdivision, clause, or phrase
of these rules and regulations shall be adjudged to be invalid or
unconstitutional by any court of competent jurisdiction, the judgment
shall not affect, impair or invalidate the remainder of these rules and
regulations, but shall be confined in its operation to the chapter,
part, section, paragraph, subparagraph, subdivision, clause, or phrase
of these rules and regulations that shall be directly involved in the
controversy in which such judgment shall have been rendered.
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(8.0) CHAPTER 2 AIR POLLUTION EMERGENCY
(8.0) 2.1 Air Pollution Emergency
The Health Officer is authorized and empowered to enforce or require
enforcement of any provisions of this Chapter throughout the territorial
limits of Mobile County, Alabama.
(2.0) 2.2 Powers and Duties of the Health Officer
2.2.1
Any other provisions of law to the contrary notwithstanding, if the
Health Officer finds that a generalized condition of air pollution
exists and that it creates an emergency requiring immediate action to
protect human health or safety, the Health Officer shall order persons
causing or contributing to the air pollution to reduce or discontinue
immediately the emission of air contaminants, and such order shall fix
a place and time, not later than twenty-four hours thereafter, for a
hearing to be held before the Board. Not more than twenty-four hours
after the commencement of such hearing, and without adjournment there-
of, the Board shall affirm, modify or set aside the order of the Health
Officer.
2.2.2
In the absence of a generalized condition of air pollution of the type
referred to in Section 2.2.1 of this part, but if the Health Officer
finds that emissions from the operation of one or more air contaminant
source is causing imminent danger to human health or safety, he may
order the person or persons responsible for the operation or operations
in question to reduce or discontinue emissions immediately. In such
event, the requirements for hearing and affirmance, modification or
setting aside of orders set forth in Section 2.2.1 of this part shall
apply.
2.2.3
Nothing in this Section shall be construed to limit any power which the
Health Officer, the Alabama Air Pollution Control commission, the
Governor or any other officer may have to declare an emergency and act
on the basis of such declaration, if such power is conferred by statute
or constitutional provision, or inheres in the office.
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2.2.4
In addition to, and without in any way limiting the foregoing, if the
Health Officer or any three members of the Board determines at any time
that air pollution in Mobile County or in any portion of the County
constitutes an emergency risk to the health of those present in the
County or said area of the County, and that the resources of the Mobile
County Board of Health are not sufficient to abate said air pollution,
such determination shall be communicated by telephone and in writing,
with the factual findings on which such determination is based to the
Director of the Division of Air Pollution Control of the Alabama
Department of Public Health or to the State Health Officer in his capa-
city as Chairman of the Alabama Air Pollution Control Commission or to
the Environmental Protection Agency of the Federal Government. Such
communication shall request assistance in the abatement of said air
pollution emergency consistent with the provisions of Act 769, Alabama
Legislature, Regular Session 1971, and the Federal Clean Air Act as amended.
The County Health Officer may delegate to the Assistant Health Officer
or to the Director the power to make said determinations and deliver the
same to the Director of the Division of Air Pollution Control of the
Alabama Department of Public Health or to the State Health Officer or
the Environmental Protection Agency in the name of the Health Officer.
(8.0) 2.3 Episode Criteria
When the Health Officer determines that conditions justify the proclama-
tion of an air pollution episode stage, due to the accumulation of air
contaminants in any place within the County, attaining levels which could,
if sustained or exceeded, lead to a substantial threat to the health of
persons, he shall be guided by the following criteria.
2.3.1
Episode stages shall be determined and declared upon the basis of average
concentration recorded at any monitoring station in the County.
2.3.2
If contamination and meteorology warrant, and advanced episode stage may
be declared by the Health Officer without first declaring a lesser
degree of Alert or Watch. The Health Officer shall, at his discretion, .
declare a lesser stage, the termination o.r the continuance of the
advanced episode stage during such times when contamination and meteoro-
logical conditions moderate significantly after an advanced episode
stage has been declared.
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2.3.3 Episode Match
The Health Officer shall declare an Episode Watch when one or more of
the following events take place.
(a) An Atmospheric Stagnation Advisory is issued by the National
Weather Service, stating that atmospheric conditions marked by a
slow moving high pressure system, light winds, and temperature
inversions are expected to affect Mobile County or portions
thereof for the next 36 hours.
(b) A forecast by local meterologist that stagnant atmospheric conditions
as described above could result in high air pollution levels in
Mobile County or portions thereof.
(c) Validated reports of abnormally high air pollution measurements,
specifically, reaching or exceeding 50 percent of the Alert level
of Section 2.3.4 for at least three consecutive hours at a given
locality in the County.
2.3.4 Alert
The Health Officer shall declare an Alert when any one of the following
contaminant concentrations is measured at any monitoring site, and due
to adverse meteorological conditions can be expected to remain at these
levels or higher for the next 12 hours or more unless control measures
are taken:
(a) Sulfur Dioxide. Measured by continuous coulometric or colorimetric
analyzer, or equivalent.
24-hour average, 0.30 ppm (800;ug/m3)
(b*) Particulates. Measured by sequential tape sampler, two-hour
accumulations (soiling index).
24-hour average, 3.0 COHS per 1000 linear feet or measured by
Hi Vol (high volume sampler), 24-hour accumulation.
24-hour average, 375/jg/m3
(c) Sulfur Dioxide and Particulates Combined. Product of concurrent
24-hour average concentrations.
sulfur dioxide, ppm, times particulates, COHS,
equals 0.2
Sulfur dioxide, /ug/m3, time particulates,
equals 65,000
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(d) Carbon Monoxide. Measured by continuous non-dispersive infrared
analyzer, or equivalent.
8-hour average, 15 ppm (17 mg/m3)
(e) Nitrogen Dioxide. Measured by continuous analyzer, or equivalent.
24-hour average, 0.15 ppm (282/ig/m3)
Or 1-hour average, 0.6 ppm (1130/jg/m3)
(f) Photochemical Oxidants. Measured by continuous chemiluminescent
analyzer or equivalent.
1-hour average, 0.1 ppm (200/jg/m3)
2.3.5 Warni ng
A Warning shall be declared by the Health Officer when the concentrations
of any of the following air contaminants measured at any monitoring site
and due to adverse meteorological conditions can be expected to remain
at these levels or higher for the next 12 hours or more unless control
measured are taken:
(a) Sulfur Dioxide. Measured by continuous coulometric or colorimetric
analyzer, or equivalent.
24 hour average, 0.6 ppm (1600/jg/m3)
(b) Particulates. Measured by sequential tape sampler, two-hour
accumulations (soiling index)
24-hour average, 5.0 COHS per 1000 linear feet or measured by
Hi Vol, 24-hour accumulation:
24-hour average, 625/ig/m3.
(c) Sulfur Dioxide and Particulates Combined. Product of concurrent
24-hour average concentration.
sulfur dioxide, ppm, times particulates, COHS, equals 0.8
or sulfur dioxide,>ug/m3, times particulates, yug/m3, equals 261,000
(d) Carbon Monoxide. Measured by continuous non-dispersive infrared
analyzer or equivalent.
8-hour average, 30 ppm (34mg/m3)
(e) Nitrogen Dioxide. Measured by continuous analyzer, or equivalent.
24-hour average, 0.30 ppm (565 /jg/m3)
1-hour average, 1.20 ppm (2260/ug/m3)
(f) Photochemical Oxidants. Measured by continuous chemiluminescent
analyzer, or equivalent.
1-hour average, 0.40 ppm (800>ig/nr)
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2.3.6 Emergency
When the following concentrations of air contaminants have been reached
or due to meteorological conditions can be expected to reach or exceed
these levels at any monitoring site in the County for a period of 12
hours or more unless control actions are taken, the Health Officer shall
declare an Emergency:
(a) Sulfur Dioxide. Measured by continuous coulometric or colorimetric
analyzer, or equivalent.
24-hour average, 0.8 ppm, (2100
(b) Particulates. Measured by sequential tape sampler, two-hour
accumulations (soiling index).
24-hour average, 7.0 COHS per 1000 linear feet
or measured by Hi Vol , 24-hour accumulation
24-hour average, 875/jg/m3
(c) Sulfur Dioxide and Particulates Combined. Product of concurrent
24-hour average concentrations.
sulfur dioxide, ppm, times parti culates, COHS, equals 1.2
or sulfur dioxide, >jg/m3, times parti cul ates, >ig/m3, equals 393,000
(d) Carbon Monoxide. Measured by continuous non-dispersive infrared
analyzer, or equivalent.
8- hour average, 40 ppm (46 mg/m3)
(e) Nitrogen Dioxide. Measured by continuous analyzer, or equivalent.
24-hour average, 0.40 ppm (750/ug/m3)
1-hour average 1.60 ppm (3000/jg/m3)
(f) Photochemical Oxidants. Measured by continuous chemi luminescent
analyzer, or equivalent.
1-hour average, 0.60 ppm (1200 /jg/m3)
2.3.7 Termination
(a) The status reached by application of the Episode Criteria of this
part shall remain in effect until the criteria for that level is
no longer met. At such time, the next lower status will be assumed
and such changes declared by the Health Officer: Specifically:
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(1) When ambient contaminant concentrations fall below the critical
levels for the stage, and a downward trend of concentrations
is established; and
(2) When meteorological conditions that attended the high
concentrations are no longer called for in official weather
predictions.
(b) A public declaration will take on one of the following forms.
(1) Terminate "Emergency Status", resume "Warning Status" or
"Alert Status": whichever is appropriate.
(2) Terminate "Warning Status", resume "Alert Status" or
appropriate stage.
(3) Terminate "Episode Status".
(c) Upon termination of an "Episode Status", the Air Pollution Control
Program will remain on internal "Episode Watch" until a return to
normal operation is announced by the Health Officer.
2.3.8 Status Declaration Authority
The Health Officer, or his specific designee, shall have the authority
to make an announcement of internal Episode Watch, and public declarations
of Alert, Warning and Emergency Status.
(8.0) i 2.4 Special Episode Criteria
2.4.1
The Health Officer shall have the authority to declare episodic con-
ditions when the atmospheric concentration of a single contaminant or
that of a specific locality within the County show elevated concentrations.
2.4.2 Specific Pollutant Situation
When concentrations of one or two contaminants reach or exceed the defined
criteria levels, and concentration of other contaminants remain substan-
tially below 50 percent of Alert levels, and meteorological conditions
are such that these specific contaminant concentrations can be expected
to remain at the above levels for 12 hours or more or increase unless
control action is taken, a Specific Alert, Warning, or Emergency Status
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shall be declared by the Health Officer, naming the contaminants that
meet the respective criteria. In such instances when two such contami-
nants meet different criteria, the Health Officer shall declare the
status for the episode having the higher level, and that an Episode
Watch is being maintained on the remaining contaminants.
2.4.3 Specific Locality Situation
The Health Officer shall, when high concentrations of one or more
contaminants measured at one monitoring site and not others and the
effect is judged to originate from an identifiable source near the given
site, shall declare the appropriate local Alert, Warning, or Emergency
Status for the delineated area and that an Episode Watch is in effect
for any remaining portion of the jurisdictional area while meteorological
conditions favor the maintenance or increase of said high concentration
for at least 12 hours or more unless control action is taken.
(8.0) 2.5 Emission Reduction Plans
Upon declaring an Episode Watch, Alert, Warning, or Emergency, the
Health Officer shall order persons responsible for the operation of
a source of air contaminants causing or contributing to such Episode
to take the general measures outlined in the Emergency Episode Plan For
The State Of Alabama (dated November 1971, prepared by TRW, Inc.) or
revision thereof, as he deems appropriate, in addition to all specific
source curtailments designated by him.
(8.0) 2.6 Two Contaminant Episode
The Health Officer shall declare an Alert, Warning, or Emergency Status
specific for two contaminants when the ambient concentrations of two
contaminants simultaneously reach or exceed their respective Episode
Criteria of this Chapter and meteorological conditions are such that
contaminant concentrations can be expected to remain at those criteria
levels for 12 or more hours or increase unless control actions are
taken. When criteria levels correspond to different episode status
for two contaminants, the Health Officer shall declare the status of the
higher of the two.
(8.0) 2.7 General Episodes
The Health Officer shall, in the event tnat ambient concentrations of
three or more contaminants simultaneously reach or exceed their
respective Episode Criteria and no improvement in meteorological con-
ditions is forecast for the next 12 hours, declare a General Alert,
Warning, or Emergency Status. In the event the criteria levels
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correspond to different statuses for each contaminant, the Health
Officer shall declare a general status corresponding to the highest
individual status.
(8.0) 2.8 Emission Reduction Plan for Local Episodes
2.8.1
The Health Officer shall specify the area of the County affected when
a Local Alert, Warning or Emergency Status is declared, or when an
Accidental Episode for Common contaminants occurs, based upon air
quality and meteorological reports and predictions.
2.8.2
When the Health Officer declares such a local episode, any person
responsible for the operation from which excess emissions result, shall
shut down such an operation and make repairs or alter the process as
required by the Health Officer to restore normal operations.
2.8.3
When the Health Officer declares that a Local Alert, Warning, or
Emergency Status is in effect for a delineated area, corresponding
General Measures shall be applied as detailed in Part 2.5, depending
upon which contaminants(s) is/are being emitted in excess.
(8.0) 2.9 Emission Reduction Plans for Other Sources
2.9.1
Any person responsible for the operation of a source of air contaminants
as determined by the Health Officer shall prepare standby plans for
reducing the emissions of air contaminants during.oeriods of an Eoisode
Alert, Warning, and Emergency. Standby plans shall be designed to reduce
or eliminate emissions of air contaminants in accordance with the
objectives set forth in Part 2.5.
2.9.2
Any person responsible for the operation of a source of air contaminants
not designated by the Health Officer shall when requested by the Health
Officer in writing, prepare standby plans for reducing the emission of
air contaminants .during periods of Episode Alert, Warning, and Emergency.
Standby plans shall be designed to reduce or eliminate emissions of air
contaminants in accordance with the objectives set forth in Part 2.5.
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2.9.3
Standby plans as required under Section 2.9.1 shall be in writing and
identify the sources of air contaminants, the amount of reduction of
contaminants and a brief description of the manner in which reduction
will be achieved during Episodes of Alert, Warning, and Emergency.
2.9.4
During Episodes of Alert, Warning, and Emergency Status, standby plans
as required by this Chapter shall be made available on the premises to
any person authorized to enforce the provisions of applicable rules
and regulations.
2.9.5-
Standby plans as required by these rules and regulations shall be
submitted to the Health Officer upon request within 30 days of the re-
ceipt of such request; such standby plans shall be subject to review
and approval by the Health Officer. If in the opinion of the Health
Officer, a standby plan does not effectively carry out the objectives
as set forth in these rules ar ' regulations, the Health Officer may
disapprove it, state the reast. .or disapproval and order the preparation
of an amended standby plan within the time period specified in the order.
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(3-0) CHAPTER 3 PERMITS
(3.0) 3.1 Permits Required
3.1.1 Permit to Construct
Any person building, erecting, altering or replacing any article, machine,
equipment or other contrivance, the use of which may cause the issuance
of or an increase in the issuance of air contaminants or the use of which
may eliminate or reduce or control the issuance of air contaminants,
shall first obtain authorization for such construction from the Health
Officer in the form of a Permit to Construct. A Permit to Construct
shall remain in effect until the Permit to Operate the equipment for
which the application was filed is granted or denied or the application
is cancelled.
3.1.2 Permit to Operate
(a) Before any article, machine, equipment or other contrivance described
in Section 3.1.1 may be operated or used, a written permit shall
be obtained from the Health Officer. No permit to Operate shall
be granted for any article, machine, equipment, or contrivance des-
cribed in Section 3.1.1, constructed or installed without authoriza-
tion as required by section 3.1.1, until the information required
is presented to the Health Officer and such article, machine, equip-
ment or contrivance is altered, if necessary, and made to conform
to the standards established by the Board.
(b) Any article, machine, equipment or other contrivance described in
Section 3.1.1 which is presently operating (or which is not presently
operating but which is capable of being operated) without a Permit
to Operate, may continue to operate (or may restart) only if its
owner or operator obtains a Permit to Operate prior to a date to
be set by the Health Officer ( or prior to restarting).
(c) The Health Officer shall have the authority to decide cases, where
an article, machine, equipment or other contrivance is not clearly
subject to nor exempt from the application of this chapter. In
addition, the Health Officer may rule that a particular article,
machine, equipment or other contrivance is subject to the appli-
cation of this chapter even though it is exempt from the system
according to Part 3.1 and 3.2 of this chapter. The operator or
builder of such an article, machine, equipment or other contrivance
may appeal the Health Officer's classification to the Board which
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overrule the Health Officer onlv if it is shown that he
arbitrarily and contrary to the purpose of the Act and these
regulations.
3.1.3 Display of Permit to Operate
A person who has been granted a Permit to Operate any article, machine
equipment, or other contrivance shall keep such permit under file or
on display at all times at the site where the article, machine, equip-
ment, or other contrivance is located and will ma-ke such a permit
readily available for inspection by any and all persons who may request
to see it.
(2.0) 3.2 Exemptions
From time to time the Health Officer may specify certain classes or
sizes of articles, machines, equipment, or other contrivances which
would normally be subject to the requirement to obtain Permits to Operate
or Construct, as being exempt from the requirement to obtain such per-
mits. Exempt sources are subject in every other way to these rules and
regulations.
(3.0) 3^3 Transfer
A Permit to Construct or Operate shall not be transferable whether by
operation of law or otherwise, either from one location to another,
from one piece of equipment to another, or from one person to another.
(3.0) 3.4 Applications
Every application for a Permit to Construct or Operate required under
Part 3.1 shall be filed in the manner and form prescribed by the Health
Officer and shall give all the information necessary to enable the
Health Officer to make the determination required by Part 3.8 of this
Chapter.
(3.0) 3.5 Cancellation of Applications
A Permit to Construct shall expire and the application shall be cancelled
two years from the date of issuance of the Permit to Construct if the
construction has not begun.
(3.0) 3.6 Action on Application
The Health Officer shall act, within a reasonable time, on an application
for Permit to Construct, Permit to Operate and shall notify the applicant
in writing of its approval or denial or conditional approval.
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(9.0) 3.7 Provision of Sampling and Testing Facilities
A person operating or using any article, machine, equipment or other
contrivance for which these rules and regulations require a permit
shall provide and maintain such sampling and testing facilities as
specified in the Permit to Construct or Permit to Operate.
(3.0) 3.8 Standards for Granting Permits
3.8.1
The Health Officer shall deny a permit except as provided by Part 3.9,
if the applicant does not show that every article, machine, equipment
or other contrivance, the use of which may cause the issuance of air
contaminants, is so designed, controlled, or equipped with such air
pollution control equipment, that it may be expected to operate with-
out emitting or without causing to be emitted air contaminants in
violation of these rules and regulations.
3.8.2
The Health Officer shall deny a permit if the applicant does not present
in writing, a plan whereby the emission of air contaminants by every
article, machine, equipment, or other contrivance described in the
permit application, will be reduced during periods of an Air Pollution
Alert, Air Pollution Warning, and Air Pollution Emergency in accordance
with the provisions of Chapter 2.
3.8.3
Before a Permit to Construct or Permit to Operate is granted, the Health
Officer may require the applicant to provide and maintain such
facilities as are necessary for sampling and testing purposes in order
to secure information that will disclose the nature, extent, quantity
or degree of air contaminants discharged into the atmosphere from the
article, machine, equipment or other contrivance described in the
Permit to Construct or Permit to Operate. In the event of such a
requirement, the Health Officer shall notify the applicant in writing
of the required size, number and location of the sampling platform;
the access to the sampling platform; and the utilities for operating
the sampling and testing equipment.
3.8.4
The Health Officer may also require the applicant to install, use and
.maintain such monitoring equipment or methods; sample such emission in
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accordance with such methods, at such locations, intervals and procedures
as may be specified; and provide such information as the Health Officer
may require.
3.8.5
Before acting on an application for Permit to Construct or Permit to
Operate, the Health Officer may require the applicant to furnish
further information or further plans or specifications.
3.8.6
In acting upon a Permit to Operate, if the Health Officer finds that the
article, machine, equipment or other contrivance has been constructed
not in accordance with the Permit to Construct, and if the changes noted
are of a substantial nature in that the amount of air contaminants
emitted by the article, machine, equipment or other contrivance may be
increased, or in that effect is unknown, then he shall deny the Permit
to Operate. The Health Officer shall not accept any further application
for a Permit to Operate until the article, machine, equipment or other
contrivance has been reconstructed in accordance with the Permit to
Construct, or until the applicant has proven to the satisfaction of the
Health Officer that the change will not cause an increase in the
emission of air contaminants.
3.8.7
The Health Officer shall deny a Permit to Construct where he determines
that the construction and operation of such source will interfere with
attaining or maintaining any primary or secondary standard established
by Section 1.7.1 or will allow significant deterioration of existing
air quality.
3.8.8-
In granting any Permit to Operate, the Health Officer may allow, as a
condition of such permit, for the intermittent discharge of air
contaminants. During start up, shut down, rate change or load change,
in excess of the limitations specified in these rules and regulations
where he finds that because of the nature of the source there is no
practicable alternative.
(3.0) 3.9 Conditional Permit
3.9.1
The Health Officer may issue a Permit to Construct or a Permit to
Operate subject to conditions which will bring the operation of any
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article, machine, equipment or other contrivance within the standards
of Part 3.8, in which case the conditions shall be specified in writing.
Commencing work under such a Permit to Construct or operating under such
a Permit to Operate shall be deemed acceptance of all the conditions
specified. The Health Officer shall issue a Permit to Construct or a
Permit to Operate with revised conditions upon receipt of a new
application, if the applicant demonstrates that the article, machine,
equipment or other contrivance can operate within the standards of Part
3.8 under the revised conditions.
3.9.2
A Conditional Permit may allow an article, machine, equipment or other
contrivance to be operated in violation of the conditions of Part 3.8
if one of the conditions of the permit is a definite schedule by which
the article, machine, equipment, or contrivance may attain the conditions
of Part 3.8 and be granted a Permit to Operate, and if the schedule
provides attaining the conditions of Part 3.8 at the earliest possible
date, and is approved by the Health Officer. A Conditional Permit will
be revoked if the applicant does not submit progress reports to the Health
Officer according to the schedule established by the Conditional Permit.
The Health Officer may further revoke the Conditional Permit if the pro-
gress reports do not show satisfactory progress as specified by the terms
of the Conditional Permit or if the progress reports are found to be
inaccurate.
3.9.3
A Conditional Permit that allows any new article, machine, equipment or
contrivance to operate in violation of the requirements of Part 3.8 may
not be granted for a period of time greater than one year, including
all renewals.
3.9.4
No Conditional Permit issued under this part for any existing article,
machine, equipment or contrivance may be granted for a period of time
longer than the greater of the following periods:
(a) The period from the granting of the permit to a date three years
after the date of initial adoption of an applicable rule or
regulation.
(b) The period from the granting of the permit to a date three years
after the date the Administrator of the U.S. Environmental Protec-
tion Agency approves, in accordance with Section 110 of the Federal
Act, such applicable rule or regulation as a part of an imple-
mentation plan (or any revision thereof).
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(3.0) 3.10 Temporary Permit to Operate
3.10.1
Upon application for a Permit to Operate by a new facility, the Health
Officer shall, within a reasonable period of time, dispatch an in-
spector to the facility in question. If the inspector determines that
the facility has been constructed according to the specifications as
set forth under the Permit to Construct, or else that any changes to the
facility would reduce or effect to an unsubstantial degree that
quantity of air contaminants emitted by the facility, and if the re-
viewing officer agrees with this conclusion, then the Health Officer
shall issue a temporary Permit to Operate which will remain in force
until an official inspection of the facility under actual operating
conditions can be made and the results reviewed, or until the Tempo-
rary Permit is suspended or revoked by the Health Officer. The Health
Officer may issue a Temporary Permit to Operate without an inspection
if the applicant fulfills the requirements of Section 3.10.2 and 3.10.3
of this part.
3.10.2
The application for a Permit to Construct is filled out and counter-
signed by a Professional Engineer familiar with air pollution control
as it relates to the equipment under application.
3.10.3
Upon completion of the construction, a Professional Engineer familiar
with the Permit to Construct submits a letter to the Health Officer,
signed and sealed with his Professional stamp, testifying that the
construction under application has been completed and is in accordance
with the specifications as set down in the Permit to Construct. The
Health Officer is empowered to reject the testimony of the Professional
Engineer if the Health Officer decides that the Professional Engineer's
qualifications are insufficient to allow him to accurately and com-
pletely assess the equipment in question. A Professional Engineer may
appeal any such judgment to the Board.
(3.0) ' 3.11 Denial of Application
In the event of denial of a Permit to Construct or Permit to Operate,
the Health Officer shall notify the applicant in writing of the reasons
therefor. Service of this notification may be made in person or by
mail, and such service may be proved by the written acknowledgement of
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the persons served or affidavit of the person making the service.
The Health Officer shall not accept a further application unless the
applicant has complied with the objections specified by the Health
Officer as his reasons for denial of the Permit to Construct or the
Permit to Operate.
(2.0) 3.12 Appeals
Within 10 days after notice by the Health Officer of denial or con-
ditional approval of a Permit to Construct or Permit to Operate, the
applicant may petition the Board, in writing, for a review. The Board
may sustain or reverse the action of the Health Officer; such order
may be made subject to specified conditions.
(3.0) 3.13
The holder of a Permit under this chapter shall comply with conditions
contained in such Permit as well as all applicable provisions of these
rules and regulations except when violations are specifically allowed
in accordance with a Conditional Permit issued under Part 3.9.
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(5.0) CHAPTER 4 VARIANCES
(5.0) 4.1 Granting of Variances
4.1.1
The Board may grant individual variances beyond the limitations pre-
scribed in the Act or these regulations, whenever it is found, upon
presentation of adequate proof, that compliance with any rule or regu-
lation, requirement or order of the Board or Health Officer would impose
serious hardship without equal or greater benefits to the public, and
the emissions occurring or proposed to occur do not endanger or tend to
endanger human health or safety, human comfort, and aesthetic values.
In granting or denying a variance the Board shall file and publish a
written opinion stating the facts and reasons leading to its decision.
4.1.2
In granting a variance the Board may impose such conditions as the
policies of the Act and these regulations may require. If the hard-
ship complained of consists solely of the need for a reasonable delay
in which to correct a violation of the Act or of the Board's regulations,
the Board shall condition the granting of such variance upon the posting
of sufficient performance bond or other security to assure the correc-
tion of such violation within the time prescribed.
4.1.3
Any variance granted pursuant to the provisions of this section shall be
granted for such period of time, not exceeding one year, as shall be
specified by the Board at the time of the grant of such variance, and upon
the condition, that the person who receives such variance shall make such
periodic progress reports as the Board shall specify. Such variance may
be extended from year to year by affirmative action of the Board, but
only if satisfactory progress has been shown.
4.1.4
Any person seeking a variance shall do so by filing a petition for
variance with the Board, which shall promptly give notice of such petition
in a newspaper of general circulation in the county in which the instal-
lation or property for which variance sought is located. The Health
Officer shall promptly investigate such petition, consider the views of
persons who might be adversely affected by the grant of a variance and
make a recommendation to the Board as to the disposition of the petition.
If the Board, in its discretion, concludes that a hearing would be advis-
able, or if any person files a written objection to the grant for such
variance within 21 days, then a hearing shall be held under the rules
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. prescribed in Section 13(b) of the Alabama Air Pollution Control Act
of 1971 (Act No. 769, Regular Session, 1971), and the burden of proof
shall be on the petitioner.
4.1.5
If the Board fails to take final action upon a variance request within
90 days after the filing of the petition, the petitioner may deem the
request denied.
4.1.6
A variance or renewal shall not be a right of the applicant or holder
thereof, but shall be in the discretion of the Board; however, any person
adversely affected by a variance or renewal granted by the Board may ob-
tain judicial review by filing notice of appeal with the Registrar in
Chancery of the Circuit Court in Equity in the county where the pollution
source is located within twenty days from the action of the Board thereon.
The case shall be heard by the Court under the same rules and with the
same requirements as a petition for injunction would be heard. On appeal,
the Circuit Court shall grant said variance if it finds that the Board
acted arbitrarily and capriciously unless it finds the operation or the
air contamination source in the manner allowed in the variance would
amount to a private or public nuisance.
(2.0) 4.2 Petition Procedures
4;2.1
Any person subject to any rule or regulation, requirement or order, may
petition the Board for a variance from the application thereof, as pre-
scribed by the Act or these regulations. A petition for a variance must
state the following:
(a) The name, address and telephone number of the petitioner, or other
person authorized to receive service of notices.
(b) Whether the petitioner is an individual, partnership, corporation
or other entity, and names and addresses of the officers, if a
corporation, and names and addresses of ther persons in control,
if other entity.
(c) The type of business or activity involved in the application and the
street adress at which it is conducted.
(d) A brief description of the article, machine, equipment or other
contrivance, if any involved in the petition.
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(e) The signature of the petitioner, or that of some person on his
behalf, and where the person signing is not the petitioner, the
authority to sign.
(f) The rule or regulation, requirement or order complained from which
a variance is requested.
(g) The facts showing why compliance with such rule or regulation, re-
quirement or order would impose serious hardship on the petitioner
or any other person or persons without equal or greater benefits to
the public.
(h) The facts showing why the emissions occurring or proposed to occur
do not endanger or tend to endanger human health or safety, human
comfort, and aesthetic values.
(i) For what period of time the variance is sought and why.
(j) Provisions of the rule or regulation, requirement or order which
the petitioner can meet and the date when petitioner can comply
with such provisions.
(k) Whether or not any case involving the same identical equipment or
process identified in paragraph (d) is pending in any court, civil
or criminal.
4.2.2
All petitions shall be typewritten, double spaced, on legal or letter
size paper, on one side of the paper only.
(2.0) 4.3 Failure to Comply with Procedures
4.3.1
The Health Officer shall not accept for filing, any petition which does
not comply with these rules and regulations relating to the form, filing
and service of petitions unless the Chairman or any two members of the
Board direct otherwise and confirm such direction in writing. Such
direction need not be made at a meeting of the Board.
4.3.2
The Chairman or any two members, without a meeting, may require the
petitioner to state further facts or reframe a petition so as to disclose
clearly the issues involved.
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(2.0) 4.4 Objection Procedures
4.4.1
A person may file a written objection to the grant of a variance within
21 days from initial advertised notice and thus insure that public hear-
ing will be held, according to Section 4.1.4 of this Chapter. An objec-
tion to the grant of a variance must state:
(a) -The objector's name, address, and telephone number.
(b) Whether the objector is an individual, partnership, corporation or
other entity, and names and addresses of the partners if a partner-
ship, names and addresses of the officers of a corporation, and the
names and addresses of the persons in control if other entity.
(c) A specification of which petition for a variance is being objected
to.
(d) A statement indicating why the objector believes that the variance
should not be granted.
4.4.2
All objections should be typewritten or carefully printed in ink on legal
or letter size paper.
(16.0) 4.5 Rules and Evidence at Hearing
4.5.1
Each party shall have these rights; to call and examine witnesses; to
introduce exhibits; to cross-examine opposing witnesses on any matter
relevant to the issues even though that matter was not covered in the
direct examination; to impeach any witness regardless of which party
first called him to testify; and to rebut the evidence against him.
If a petitioner or objector does not testify in his own behalf, he may
be called and examined as if under cross-examination.
4.5.2
The hearing need not be conducted according to technical rules relating
to evidence and witnesses. Any relevant evidence shall be submitted if
it is the sort of evidence on which responsible persons are accustomed
to rely in the conduct of serious affairs, regardless of the existence
of any common law or statutory rule which might make improper the admis-
sion of such evidence over objection in civil actions. Heresay evidence
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may be used for the purpose of supplementing or explaining any direct
evidence but shall not be sufficient in itself to support a finding
unless it would be admissible over objection in civil action. The rules
of privilege shall be effective to the same extent that they are now or
hereafter may be recognized in civil action, and irrelevant and unduly
repetitious evidence shall be excluded.
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(51.9) (51.13) CHAPTER 5 -- CONTROL OF OPEN BURNING AND INCINERATION
(51.13) 5.1 Open Burning
No person shall ignite, cause to be ignited, permit to be ignited, or
maintain any open fire except as follows:
5.1.1
Open fires for the cooking of food for human consumption on other than
commercial premises;
5.1.2
Fires for recreational or ceremonial purposes;
5.1.3
Fires to abate a fire hazard, providing the hazard is so declared by
the fire department or fire district having jurisdiction;
5.1.4
Fires for the prevention or control of disease or pests;
5.1.5
Fires for training personnel in the methods of fighting fires;
5.1.6
Fires for the disposal of dangerous materials, where there is no prac-
tical alternate method of disposal, and burning is approved by the
Health Officer.
5.1.7
Fires set for recognized agricultural, silviculture!, range and wildlife
management practices.
5.1.8
Fires set in salamanders or other devices used by construction or other
workers for heating purposes;
5.1.9
Fires for the burning of trees, brush, grass, and other vegetable matter
in the clearing and maintenance of rights-of-way if such burning is done
by the air-curtain incinerator method, properly constructed and main-
tained, or an equivalent method specifically approved by the Health Officer.
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5.1.10
Open fires specifically or expressly approved by the Health Officer.
(51.9) 5.2 Incinerators
5.2.1
Incinerators shall be designed and operated in such manner as is neces-
sary to prevent the emission of objectionable odors.
5.2.2
No person shall cause or permit to be emitted into the open air from
any incinerator, particulate matter in the exhaust gases to exceed
0.20 pounds per 100 pounds of refuse charged; provided that: for incin-
erators of more than 50 tons per day charging rate, particulate matter in
the exhaust gases may not exceed 0.10 pounds per 100 pounds of refuse
charged.
5.2.3
Emission tests shall be conducted at maximum burning capacity of the
incinerator.
5.2.4
The burning capacity of an incinerator shall be the manufacturer's or
designer's guaranteed maximum rate or such rate as may be determined by
the Health Officer in accordance with good engineering practices. In
case of conflict, the determination made by the Health Officer shall
govern.
5.2.5
For the purposes of this Part, the total of the capacities of all fur-
naces within one system shall be considered as the incinerator capacity.
(51.9) 5.3 Incineration of Wood, Peanut and Cotton Ginning Wastes
5.3.1
No person shall cause or permit to be emitted into the open air from any
incinerator which incinerates wood, peanut or cotton ginning wastes,
particulate matter in the exhaust gases to exceed 0.40 pounds per 100
pounds of material charged.
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5.3.2
Emission tests shall be conducted at maximum burning capacity of the
incinerator.
5.3.3
The burning capacity of an incinerator shall be the manufacturer1s or
desginer's guaranteed maximum rate or such other rate as may be deter-
mined by the Health Officer in accordance with good engineering practices.
In case of conflict, the determination made by the Health Officer shall
govern.
5.3.4
For the purpose of this Part, the total of the capacities of all furnaces
within one system shall be considered as the incinerator capacity.
5.3.5
Each incinerator subject to this Part shall be properly designed,
equipped, and maintained for its maximum burning capacity, and shall be
equipped with a temperature recorder which shall be operated continuously
with the incinerator and the temperature records shall be made available
for inspection at the request of the Health Officer, and shall either:
(a) Be equipped with an underfire forced air system, which shall be
electronically controlled to insure the optimum temperature range
for the complete combustion of the amount and type of material
waste being charged into the incinerator; and a variable damper; or
(b) Consist of an all metal shell with refractory lining, circular fur-
nace, and a built-in cinder catching system for either re burning
or other disposition; all primary combustion air shall be supplied
under pressure through nozzle openings located around the perimeter
of the lower furnace; over-fire air shall be provided under pressure
through ports which shall be directed downward and tangentially in
the the same direction as the primary air; cinder collection shall
be accomplished by the provision of openings through the shell lo-
cated above the furnace section.
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(50.1) CHAPTER 6 ~ CONTROL OF PARTICULATE EMISSIONS
(50.1.2) 6.1 Visible Emissions
6.1.1 Visible Emissions Restrictions for Stationary Sources
(a) No person shall discharge into the atmosphere from any single source
of emission whatsoever any air contaminant of a shade or density
darker than that designated as No. 1 on the Ringlemann chart or
20 percent opacity.
(b) A person may discharge into the atmosphere from any single source of
emission for a period or periods aggregating not more than three
minutes in any 60 minutes air contaminants of a shade or density not
darker than that designated as No. 3 on the Ringlemann chart or
60 percent opacity.
(c) The Health Officer may approve exceptions to this Section for spe-
cific sources which hold permits under Chapter 3; provided, however,
such exceptions may be made for startup, shutdown, load change, and
rate change or other short, intermittent periods of time upon terms
approved by the Health Officer and made a part of such permit.
(d) The provisions of this Section shall not apply to combustion sources
in single-family and duplex dwellings where such sources are used
for heating or other domestic purposes.
6.1.2 Reserved
6.1.3 Uncombined Water
Where the presence of uncombined water is the only reason for failure of
an emission to meet the requirements of this Part, such sections shall
not apply.
(50.1) 6.2 Fugitive Dust
6.2.1
No person shall cause, suffer, allow, or permit any materials to be
handled, transported, or stored; or a building, its appurtenances, or
road to be used, constructed, altered,repaired or demolished without
taking reasonable precautions to prevent particulate matter from becoming
airborne. Such reasonable precautions shall include, but not be limited
to, the following:
(a) Use, where possible, of water or chemicals for control of dust in the
demolition of existing buildings or structures, construction opera-
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tions, the grading of roads or the clearing of land;
(b) Application of asphalt, oil, water, or suitable chemicals on dirt
roads, materials stock piles, and other surfaces which create air-
borne dusts;
(c) Installation and use of hoods, fans, and fabric filters (or other
suitable control devices) to enclose and vent the handling of dusty
materials. Adequate containment methods shall be employed during
sandblasting or other similar operations.
6.2.2 Visible Emissions Restrictions Beyond Lot Line
No person shall cause or permit the discharge of visible fugitive dust
emissions beyond the lot line of the property on which the emissions
originate.
6.2.3
When dust, fumes, gases, mist, odorous matter, vapors, or any combination
thereof escape from a building or equipment in such a manner and amount
as to cause a nuisance or to violate any rule or regulation, the Health
Officer may order that the building or equipment in which processing,
handling and storage are done be tightly closed and ventilated in such a
way that all air and gases and air or gas-borne material leaving the
building or equipment are treated by removal or destruction of air con-
taminants before discharge to the open air.
(51.5) 6_.3 Fuel Burning Equipment
6.3.1
No person shall cause or permit the emission of particulate matter from
fuel-burning equipment in excess of the amount shown in Table 6-1 for the
heat input allocated to such source. Interpolation of the data in
Table 6-1 for heat input values between 10 million BTU/hour and 250 mil-
lion BTU/hour shall be accomplished by the use of the equation:
E=1.38H-°'44
where: E = Emissions in Ib/million BTU
H = Heat Input in millions of BTU/hour
6.3.2
For purposes of this Part, the total heat input from all similar fuel
combustion units which discharge particulate matter through a common
stack at a plant or premises shall be used for determining the maximum
allowable emission of particulate matter.
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6.3.3
New fuel-burning sources emitting particulate matter shall be subject to
the rules and regulations for Mobile County.
TABLE 6-1
ALLOWABLE PARTICULATE MATTER EMISSION BASED ON HEAT INPUT
Allowable Emission
Heat Input (Ib/million BTU)
(millions of BTU/hour) Mobile County
1. .5
10. .5
20. .37
40. .27
60. .23
80. .20
100. .18
150. .15
200. .13
250. .12
1,000,000. .12
(50.1.1) 6.4 Process Industries - General
6.4.1
No person shall cause or permit the emission of particulate matter in
any one hour from any source in Mobile County in excess of the amount
shown in Table 6-2 for the process weight per hour allocated to such
source. For sources in Mobile County, interpolation of the data in
Table 6-2 for the process weight per hour values up to 60,000 Ibs/hour
shall be accomplished by use of the equation:
E = 3.59 P°'62 P< 30 tons/hour
and interpolation and extrapolation of the data for process weight per
hour values equal to or in excess of 60,000 Ibs/hour shall be accomplished
by use of the equation:
E = 17.31 P°'16 P>30 tons/hour
where: E = Emissions in pounds per hour
P = Process weight per hour in tons per hour
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6.4.2
Where the nature of any process or operation or the design of any equip-
ment is such as to permit more than one interpretation of this Part, the
interpretation that results in the minimum value for allowable emission
shall apply.
6.4.3
For purposes of this Part, the total process weight from all similar pro-
cess units at a plant or premises shall be used for determining the maxi-
mum allowable emission of particulate matter that passes through a stack
or stacks.
6.4.4
New sources subject to this Part, emitting particulate matter shall be
subject to the rules and regulations for Mobile County.
TABLE 6-2
ALLOWABLE PARTICULATE MATTER EMISSION BASED ON PROCESS WEIGHT RATE
Allowable Emission Rate (Ib/hr)
Mobile County
0.56
Process Weight Rate
(Ib/hr)
100
500
1,000
5,000
10,000
20,000
60,000
80,000
120,000
160,000
200,000
1,000,000
(51.21) 6.5 Small Foundry Cupola
6.5.1
No person shall cause or permit the emission of particulate matter in any
one hour from any small foundry cupola source in excess of the amount
shown in Table 6-3 for the process weight per hour allocated to such source.
1.52
2.34
6.33
9.76
14.97
29.83
31.23
33.33
34.90
36.17
46.79
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6.5.2
Where the nature of any process or operation or the desgin of any equip-
ment is such as to permit more than one interpretation of this Part, the
the interpretation that results in the minimum value for allowable emis-
sion shall apply.
6.5.3
For purposes of this Part, the total process weight from all similar
process units at a plant or premises shall be used for determining the
maximum allowable emission of particulate matter that passes through a
stack or stacks.
6.5.4
Foundry cupolas with a process weight rate greater than 50,000 pounds per
hour shall be subject to the rules and regulations of Part 6.4.
TABLE 6-3
ALLOWABLE PARTICULATE MATTER EMISSION
BASED ON PROCESS WEIGHT RATE FOR SAMLL FOUNDRY CUPOLAS
Process Weight Allowable Emission Rate
(Ib/hr) (Ib/hr)
1,000 3.05
2,000 4.70
3,000 6.35
4,000 8.00
5,000 9.58
6,000 11.30
7,000 12.90
8,000 14.30
9,000 15.50
10,000 16.65
12,000 18.70
16,000 21.60
18,000 23.40
20,000 25.10
30,000 31.30
40,000 37.00
50,000 42.40
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(51.14) 6.6 Kraft Pulp Mills
6.6.1 Applicability
This Part applies to manufacturing facilities for the pulping of wood
and the preparation and recovery of associated chemicals by the kraft
process, including combined recovery systems serving other processes such
as neutral sulfite pulping.
6.6.2
No person shall cause or permit the emission of particulate matter from
any kraft pulp mill in excess of the amounts provided as follows:
(a) From all recovery furnaces, not more than 4.0 pounds per ton of pulp.
(b) From all smelt dissolver vents, not more than 0.5 pounds per ton of
pulp.
(c) From all lime kilns, not more than 1.0 pounds per ton of pulp.
6.6.3
The pulp production rates for kraft mills referred to in this Part shall
be tons of unbleached air-dried kraft pulp.
6.6.4
Not withstanding the specific limits set forth in this Part, in order to
maintain the lowest possible emission of air contaminants, the highest and
best practicable treatment and control for particulate matter currently
available shall be provided for new kraft pulp mills.
(51.20) 6.7 Wood Waste Boilers
6.7.1 Applicability
This part applies to boilers and other indirect heat exchangers using not
less than 30% wood wastes or wood by-products as fuel measured by heat
input.
6.7.2
No person shall cause or permit the emission of particulate matter from
any existing wood waste boilers in excess of 0.30 grains per standard dry
cubic foot adjusted to 50% excess air. Provided that: for any existing
wood waste boiler which must be modified in order to meet the emission
limitations of this part, no person shall cause or permit the emission of
particulate in excess of:
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(a) 0.17 grains per standard dry cubic foot, adjusted to 50% excess air,
for combination gas and wood waste boilers.
(b) 0.20 grains per standard dry cubic foot, adjusted to 50% excess air,
for combination oil and wood waste boilers.
(c) 0.23 grains per standard dry cubic foot, adjusted to 50% excess air,
for combination coal and wood waste boilers.
(d) 0.20 grains per standard dry cubic foot, adjusted to 50% excess air,
for boilers using wood wastes only.
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(50.2) CHAPTER 7 -- CONTROL OF SULFUR COMPOUND EMISSIONS
(51.6) 7.1 Fuel Combustion
7.1.1
No person shall cause or permit the operation of a fuel burning instal-
lation in Mobile County in such a manner that sulfur oxides, measured as
sulphur dioxide, are emitted in excess of 1.2 pounds per million BTU
heat input.
7.1.2
For purposes of this Part, the total heat input from all similar fuel
combustion units at a plant or premise shall be used for determining the
maximum allowable emission of sulfur dioxide that passes through a stack
or stacks.
7.1.3
New sources emitting sulfur oxides, measured as sulfur dioxide, shall
be subject to the regulations for Mobile County.
7.1.4
No person shall cause &* permit the emission or combustion of any re-
finery process gas stream that contains HpS in concentrations greater
than 150 ppm without removal of the hydrogen sulfide in excess of this
concentration.
(51.18) 7.2 Sulfuric Acid Plants
No person shall cause or permit sulfur dioxide tail gas emissions from
sulfuric acid manufacturing plants to exceed 6.5 Ib/ton of 100 percent
sulfuric acid procuded. The tail gas acid mist emissions are not to
exceed 0.5 Ib/ton of sulfuric acid produced and the sulfur trioxide emis-
. sions are not to exceed 0.2 Ib/ton of sulfuric acid produced.
(51.19) 7.3 Sulfur Recovery Plants
7.3.1
No person shall cause or permit the sulfur oxide emission from any exist-
ing sulfur recovery plan recovering sulfur from natural gas to exceed
0.16 pounds per pound of sulfur processed.
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7.3.2
Except as provided by Section 7.3.1, no person shall cause or permit the
sulfur oxide emission from a sulfur recovery plant to exceed 0.08 pounds
per pound of sulfur processed.
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(50.4) CHAPTER 8 -- CONTROL OF HYDROCARBON EMISSIONS
(51 15) 8.1 Storage of Volatile Organic Materials
8.1.1
No person shall place, store, or hold in any stationary tank, reservoir
or other container of more than 60,000 gallons capacity any volatile
organic compounds unless such tank, reservoir, or other container is a
pressure tank capable of maintaining working pressures sufficient at all
times to prevent vapor or gas loss to the atmosphere or is designed, and
equipped with one of the following vapor loss control devices:
(a) A floating roof, consisting of a pontoon type, double deck type
roof or internal floating cover, 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. This con-
trol equipment shall not be permitted if the volatile organic com-
pounds have a vapor pressure of 11.0 pounds per square inch abso-
lute (568 mm Hg) or greater under actual storage conditions. All
tank gauging or sampling devices shall be gas-tight except when
tank gauging or sampling is taking place.
(b) A vapor recovery system, consisting of a vapor gathering system
capable of collecting the volatile organic compound vapors and
gases discharged and a vapor disposal system capable of proces-
sing such volatile organic vapors and gases so as to prevent
their emission to the atmosphere and with all tank gauging or
sampling devices gas-tight except when gauging or sampling is
taking place.
(c) Other equipment or means of equal efficiency for purposes of air
pollution control as may be approved by the Health Officer.
(d) No person shall place, store, or hold in any new stationary stor-
age vessel of more than 1,000-gallon capacity any volatile organic
compound unless such vessel is equipped with a permanent submerged
fill pipe or is a tank a described above, or is fitted with a sys-
tem as described above. Existing stationary storage vessels shall
employ portable submerged fill pipes or be equipped with permanent
submerged fill pipes.
B.I.2
This part shall not apply to crude petroleum produced, separated,
treated or stored in the field.
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(51.16) 8.2 Volatile Organic Materials Loading Facilities
8.2.1
No person shall load any volatile organic compoun into any tank truck,
tanker, barge, marine vessel, or trailer from any terminal or bulk stor-
age facility handling more than 50,000 gallons per day unless such ter-
minal or facility is equipped with a vapor collection and disposal sys-
tem, or its equivalent, properly installed, in good working order; or
has in operation a loading system which will result in a 95 percent
submerged fill either with submerged fill pipe or by loading from the
bottom.
8.2.2
No person shall load any volatile organic compounds into any tank,
truck, or trailer having a capacity in excess of 200 gallons, unless
such loading facility is equipped as set forth in Section 8.2.1.
Where the vapor collection and disposal system is utilized, the loading
arm shall be equipped with a vapor collection adaptor, pneumatic,
hydraulic, or other mechanical means which will provide a vapor-tight
seal between the adaptor and the hatch. A means shall be provided to
prevent liquid organic compounds drainage from the loading device when
it is removed from the hatch of any tank, truck, or trailer. When
loading is effected through means other than the hatches, all loading
lines shall be equipped with fittings which make vapor-tight connections
and which close automatically when disconnected.
8.2.3
This Part shall not apply to crude petroleum produced, separated, treated
or stored in the field.
(51.16) 8-3 Volatile Organic Compound Water Separation
8.3.1
No person shall use any compartment of any single or multiple compartment
volatile organic compound water separator which receives effluent water
containing 1,000 gallons a day or more of volatile organic compounds from
processing, refining, treating storing or handling volatile organic com-
pounds unless such compartment 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.
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(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 be equipped with a closure
seal or seals to close the space between the roof edge and contain-
er wall. All gauging or sampling devices shall be gas-tight except
when gauging or sampling is taking place.
(c) A container equipped with a vapor recovery system consisting of a
vapor gathering system capable of collecting the hydrocarbon vapors
and gases discharged and a vapor disposal system capable of proces-
sing such hydrocarbon vapors and gases so as to prevent their emis-
sion to the atmosphere and with all container gauging and sampling
devices gas-tight except when gauging or sampling is taking place.
(d) A container having other equipment of equal efficiency for purposes
of air pollution control as may be approved by the Health Officer.
(51 16) 8.4 Pumps and Compressors
All pumps and compressors handling volatile organic compounds shall have
mechanical seals or other equipment of equal efficiency for purposes of
air pollution control as may be approved by the Health Officer.
(51.21) 8.5 Waste Gas Disposal
No person shall emit a waste gas stream from any ethylene producing
plant into the atmosphere unless the waste gas stream is properly burned
at 1,300 F for 0.3 seconds or greater in a direct-flame afterburner
equipped with an indicating pyrometer which is positioned in the working
area at the operator's eye level or an equally effective catalytic vapor
incinerator also with pyrometer.
(50.4) 8.6 Organic Solvents
8.6.1
A person shall not discharge more than 3 pounds in any one hour or more
than 15 pounds of organic materials in any one day into the atmosphere
from any article, machine, equipment or other contrivance in which or-
ganic solvent or any material containing organic solvent comes into con-
tact with flame or is baked, heat-cured, or heat polymerized, in the
presence of oxygen, unless said discharge has been reduced by at least
85 percent. Those portions of any series of articles, machines,equipment
or other contrivances designed for processing a continuous web, strip or
wire which emit organic materials and using operations described in this
section shall be collectively subject to compliance with this section.
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8.6.2
A person shall not discharge into the atmosphere more than 40 pounds of
organic materials in any one day, not more than 8 pounds in any one hour
from any article, machine, equipment or other contrivance used under con-
ditions other than described in Section 8.6.1 for employing or applying
any photochemically reactive solvent, as defined in Section 1.3.37 or
material containing such photochemically reactive solvent unless said
discharge has been reduced.by at least 85 percent. Emissions of organic
materials into the atmosphere resulting from air or heated drying of
products for the first 12 hours after their removal from any article,
machine, equipment, or other contrivance described in this section shall
be included in determining compliance with this section. Emissions
resulting from baking, heat curing, or heat-polymerizing as described in
Section 8.6.1 shall be excluded from determination of compliance with
this section. Those portions of any series of articles, machines, equip-
ment or other contrivances designed for processing a continuous web,
strip, or wire which emit organic materials and using operations de-
scribed in this section shall be collectively subject to compliance with
this section.
8.6.3
Emissions of organic materials to the atmosphere from the cleanup with
photochemically reactive solvents, as defined in Section 1.3.37 of any
article, machine, equipment, or other contrivance described in Sections
8.6.1 or 8.6.2, shall be included with the other emissions of organic
materials from that article, machine, equipment, or other contrivance
for determining compliance with this rule.
8.6.4
Emissions of organic materials into the atmosphere required to be con-
trolled by Sections 8.6.1 and 8.6.2, shall be reduced by:
(a) Incineration, provided that 90 percent or more of the carbon in
the organic material being incinerated is oxidized to carbon
dioxide, or
(b) Adsorption, or
(c) Processing in a manner determined by the Health Officer to be not
less effective than paragraphs (a) or (b) above.
8.6.5
A person incinerating, adsorbing, or otherwise processing organic
materials pursuant to this Part shall provide, properly install, and
maintain in calibration, in good working order and in operation, devices
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as specified in the permit to operate, or as specified by the Health
Officer, for indicating temperatures, pressures, rates of flow, or other
operating conditions necessary to determine the degree and effectiveness
of air pollution control.
8.6.6
Any person using organic solvents or any materials containing organic
solvents shall supply the Health Officer, upon request and in the manner
and form prescribed by him, written evidence of the chemical composition,
physical properties, and amount consumed for each organic solvent used.
8.6.7
The provisions of this Part shall not apply to:
(a) The manufacture of organic solvents, or the transport or storage of
organic solvents or materials containing organic solvents.
(b) Paint spray booth installations.
(c) The employment, application, evaporation or drying of saturated
halogenated hydrocarbons or organic compounds in which all olefinic
groups contain 3 or more hydrogen atoms.
(d) The use of any material in any article, machine or equipment
described in Section 8.6.1, 8.6.2, or 8.6.3, if:
(1) The volatile content of such material consists only of water
and organic solvents, and
(2) The organic solvents comprise not more than 20 percent of said
volatile content, and
(3) The volatile content is not photochemically reactive as defined
in Section 1.3.37.
(e) Coatings applied to permanently located structures or surfaces.
8.6.8
Whenever any organic solvent or any constituent of an organic solvent
may be classified from its chemical structure into more than one of the
groups of organic compounds, as defined in Section 1.3.37, 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.
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(51.21) 8.7 Disposal and Evaporation of Solvents
A person shall not during any one day, dispose of a total of more than
1.5 gallons of any photochemically reactive solvent, as defined in
Section 1.3.37, or of any material containing more than 1.5 gallons of
any such photochemically reactive solvent by any means which will permit
the evaporation of such solvent into the atmosphere.
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(50.5) CHAPTER 9 CONTROL OF CARBON MONOXIDE EMISSIONS
9.1
No person shall emit the carbon monoxide gases generated during the
operation of a grey iron cupola, blast furnace, or basic oxygen steel
furnace unless they are burned at 1,300°F for 0.3 seconds or greater in
a direct flame afterburner or equivalent device equipped with an indi-
cating pyrometer which is positioned in the working area at the opera-
tor's eye level.
No person shall emit carbon monoxide waste gas stream from any catalyst
regeneration of a petroleum cracking system, petroleum fluid coker, or
other petroleum process into the atmosphere, unless the waste gas stream
is burned at 1,300°F for 0.3 seconds or greater in a direct- flame after-
burner or boiler equipped with an indicating pyrometer which is posi-
tioned in the working area at the operator's eye level.
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(50.3) CHAPTER 10 CONTROL OF NITROGEN OXIDES EMISSIONS
(51.7) 10.1 New Combustion Sources
10.1.1
No person shall cause or permit emissions of nitrogen oxides from a new
gas-fired boiler with a capacity of 250 million BTU/hour or more in
excess of 0.20 pounds per million BTU of heat input per hour.
10.1.2
No person shall cause or permit emissions of nitrogen oxides from a new
oil-fired boiler with a capacity of 250 million BTU/hour or more in
excess of 0.30 pounds per million BTU of heat input per hour.
10.1.3
No person shall cause or permit the emission of nitrogen oxides from a
new coal-fired boiler with a capacity of 250 million BTU/hour or more
in excess of 0.7 pounds per million BTU of heat input per hour.
10.1.4
For purposes of this Part, the total heat input from all similar fuel
combustion units at a plant or premises shall be1used for determining
the maximum allowable emission of nitrogen oxides that passes through
stack or stacks.
(51.10) 10.2 Nitric Acid Manufacturing
No person shall cause or permit the emission of nitrogen oxides calcu-
lated as nitrogen dioxide, from nitric acid manufacturing plants in
excess of 5.5 pounds per ton of 100 perdent acid produced.
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(12.0) CHAPTER 11 -- CONTROL OF EMISSIONS FROM MOTOR VEHICLES
(12.0) 11.1 Visible Emission Restrictions for Motor Vehicles
(50.1.2)
11.1.1
No person shall cause or permit the emission of visible air contaminants
from gasoline-powered motor vehicles, operated upon any street, highway,
or other public place, for longer than 5 consecutive seconds.
11.1.2
No person shall cause or permit the emission of visible air contaminants
from diesel-powered motor vehicles and other movable sources, of a shade
or density darker than 20 percent opacity for longer than 5 consecutive
seconds.
11.1.3 Uncombined Hater
Where the presence of uncombined water is the only reason for failure
of an emission to meet the requirements of the Part, such section shall
not apply.
(12.0) 11.2 Ignition System and Engine Speed
All 1968 and subsequent model year gasoline-powered motor vehicles shall
be maintained so as to be in compliance with the following requirements:
11.2.1
The number of revolutions per minute of an engine while operating at
idle speed shall be in accordance with the specifications, and determined
under conditions published by the manufacturer, but in no case shall the
idle speed be less than the minimum specified in such published specifi-
cations. Revolutions per minute shall be tested for accuracy and pre-
cision at reasonable intervals.
11.2.2
Ignition timing of an engine shall comply with the published specifica-
tions of the manufacturer as determined in accordance with procedures
and conditions specified by the manufacturer.
11.2.3
All cylinders shall be firing.
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(12.0) 11.3 Crankcase Ventilation Systems
The positive crankcase ventilation system on all 1968 and subsequent
model year gasoline-powered motor vehicles, except motorcycles and motor
tricycles, and all 1969 and subsequent model year gasoline-powered motor
vehicles, including motorcycles and motor tricycles, shall meet the
following requirements:
11.3.1
The plumbing and connections shall be properly connected as installed
by the manufacturer and free of obstructions and leakage.
11.3.2
There shall be a negative pressure (suction) at the inlet of the
crankcase ventilation valve.
11.3.3
The crankcase ventilation valve shall be freely operative so as to
regulate the flow of gases through the system.
(12.0) 11.4 Exhaust Emission Control Systems
11.4.1 Air Injection System
Exhaust emission control air injection systems on those gasoline-powered
motor vehicles so equipped by the manufacturer shall operate so that:
(a) The air delivery hoses, connections, and air distribution manifold
shall be properly connected as installed by the manufacturer and
free of obstructions and leakage.
(b) The air compressor drive belt tension shall be within manufacturer's
specifications.
(c) There is a positive air flow from the air pump to the air delivery
distribution manifold.
(d) The check valve prevents any reverse air flow from the air
distribution manifold out through the check valve inlet.
(e) The anti-backfire valve, gulp-valve, or other similar device with
the same function permits the passage of air from the air pump to
the exhaust manifold or manifolds, except when the carburetor
throttle is closed rapidly from an open position as in
deceleration.
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11.4.2 Engine Modification Systems
All vacuum control valves, vacuum lines, mechanical linkage, electrical
circuits and switches peculiar to certain engine modification systems
shall be properly connected as installed on all 1968 and subsequent model
year gasoline-powered motor vehicles so equipped by the manufacturer.
11.4.3 Other Exhaust Emission Control Systems
Any other exhaust emission control system, other than air injection or
engine modification, which is installed or incorporated in a motor vehi-
cle in compliance with Federal motor vehicle pollution control regulations
shall be maintained in good operable conditions as specified by the manu-
facturer and shall be used at all times that the motor vehicle is operated.
11.4.4
The requirements of this Part shall apply to all gasoline-powered motor
vehicles with the following exceptions:
(a) Vehicles of 1967 or earlier model year.
(b) Vehicles not equipped by the manufacturer with exhaust emission
control air injection systems.
(c) Motor vehicles with an engine displacement of less than 50 cubic
inches (819.35 cubic centimeters).
(12.0) 11.5 Evaporative Loss Control Systems
The evaporative loss control systems or devices designed and installed
on 1972 and subsequent model year gasoline-powered motor vehicles shall
be maintained in an operable condition such that the system or device
continues 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.
(12.0) 11.6 Other Prohibited Acts
In addition to the other strictures contained in this Chapter, no person
shall cause, suffer, allow, or permit the removal, disconnection, 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 purpose of any
such motor vehicle pollution control device by installing therein or
thereto any part or component which is not a comparable replacement part
or component of the device. Provided that:
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11.6.1
The components or parts of emission control systems on motor vehicles
may be disassembled or reassembled for the purpose of repair and main-
tenance in proper working order.
11.6.2
Components and parts of emission control systems may be removed and
replaced with like components and parts intended by the manufacturer for
such replacement.
11.6.3
The provisions of this Part shall not apply to salvage operations on
wrecked motor vehicles when the engine is so damaged that it will not
be used again for the purpose of powering a motor vehicle on a highway.
(2.0) 11.7 Effective Date
The provisions of this Chapter shall become effective immediately upon
their adoption and promulgation.
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FEDERALLY PROMULGATED
REGULATIONS
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(10.0) 52.56 Review of New Source and Modification
(b) Regulation providing for public comment
(1) Prior to approval of disapproval of the construction or
modification of an indirect source, the Director shall:
(i) Make a preliminary determination whether the indirect
source should be approved, approved with conditions
or disapproved.
(ii) Make available in at least one location in each region
in which the proposed indirect source would be construc-
ted, a copy of all materials submitted by the owner or
operator, a copy of the Director's preliminary deter-
mination, and a copy or summary or other materials, if
any considered by the Director in making his prelimi-
nary determination; and
(iii) Notify the public, by prominent advertisement in a
newspaper of general circulation in each region in
which the proposed indirect source would be construc-
ted, of the opportunity for public comment on the
information submitted by the owner or operator and
the Director's preliminary determination on the
approvability of the indirect source.
(2) A copy of the notice required pursuant to this paragraph shall
be sent to the Administrator through the appropriate regional
office; to all other State and local air pollution control
agencies having jurisdiction in the region where the indirect
source will be located; and to any other agency in the region
having responsibility for implementing the procedures required
under Chapter 10 of the Alabama rules and regulations.
(3) Public comments submitted in writing 30 days of the date such
information is made available shall be considered by the
Director in making his final decision on the application.
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(17.0) 52.60 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 Envi-
ronmental 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 Fed-
eral Government which administers federally-owned land, includ-
ing 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 pos-
sessing 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 ref-
erence 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 In-
dian Reservations located in such State. The provisions of this
paragraph do not apply in those counties or other functionally
equivalent areas that pervasively exceeded any national ambient
air quality standards during 1974 for sulfur dioxide or particu-
late 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 during 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 "parti cul ate
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 Manager, 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
(b) Other States, Indian Governing Bodies, and Federal
Land Managers whose lands may be affected by the
proposed redesignation are notified at least 30 da/s
prior to the public hearing, and
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(c) A discussion of the reasons for the proposed redes-
ignation is available for public inspection at least
30 days prior to the hearing and the notice announc-
ing the hearing contains appropriate notification 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 consider-
ation 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 redesignation 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 cov-
ered 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 under paragraph
(c) (3) (ii) and,
. (b) Such redesignation is proposed after consultation
with the State(s) in which the Federal Land is lo-
cated 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
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under other laws. Where a State has not assumed juris-
diction over an Indian Reservation the appropriate In-
dian 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) (11) 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 approv-
al of the Secretary of the Interior.
(vi) The Administrator shall approve, within 90 days, any re-
designation proposed pursuant to this subparagraph as
follows:
(a) Any redesignation proposed pursuant to subdivisions
(ii) and (iii) of this subparagraph shall be approv-
ed 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 dele-
gation 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 subdivi-
sion (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.
(c) Any redesignation submitted pursuant to subdivision
(v) of this subparagraph shall be approved unless he
determines (1) that the requirements of subdivision
(v) of this subparagraph have not been complied with,
or (2) that the Indian Governing Body has arbitrar-
ily and capriciously disregarded relevant consider-
ations set forth in subparagraph (3) (ii) (d) of this
paragraph.
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(d) Any redesignation proposed pursuant to this para-
graph 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 propos-
ing 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 protesting 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 proposed to be redesignated; the social, envi-
ronmental and economic effects of such redesignation
upon the area being redesignated and upon other areas
and States; and any impacts upon regional or nation-
al 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 required
enforcement action in cases where the State does not
have adequate legal authority to initiate such ac-
tions. The Administrator may waive the requirements
of paragraph (c) (3) (vi) (a) (3) if the State Attor-
ney-General has determined that the State cannot ac-
cept delegation of the administrative/technical func-
tions.
(vii) If the Administrator disapproves any proposed area desig-
nation under this subparagraph, the State, Federal Land
Manager or Indian Governing Body, as appropriate, may re-
submit the proposal after correcting the deficiencies
noted by the Administrator or reconsidering any area des-
ignation determined by the Administrator to be arbitrary
and capricious.
(d) Review of new sources
(1) The provisions of this paragraph have been incorporated by refer
ence 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 iden-
tified below which has not commenced construction or modification
prior to June 1, 1975 except as specifically provided below. A
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source which is modified, but does not increase the amount of
sulfur oxides or particulate matter emitted, or is modified 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 mil-
lion B.T.U. per hour heat input.
(ii) Coal Cleaning Plants.
(iii) 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.
(xviii) Fuel Conversion Plants.
(xix) Ferroalloy production facilities commencing construction
after October 5, 1975.
(2) No owner or operator shall commence construction or modification
of a source subject to -this paragraph unless the Administrator de-
termines that, on the basis of information submitted pursuant to
subparagraph (3) of this paragraph:
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(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 January 1, 1975, of
other sources in the areas affected by the proposed source
shall include all new and modified sources granted approv-
al 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 commer-
cial, residential, industrial, and other sources of emis-
sions growth not exempted by paragraph (c) (2) (111) of
this section which has occurred 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 reduc-
tion 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 Admin-
istrator determines that technological or economic limi-
tations on the application of measurement methodology to
a particular class of sources would make the imposition
of an emission standard infeasible, he may instead pre-
scribe a design or equipment standard requiring the appli-
cation of best available control technology. Such standard
shall to the degree possible set forth the emission re-
ductions achievable by implementation of such design or
equipment, and shall provide for compliance by means which
achieve equivalent results.
(iii) With respect to modified sources, the requirements of sub-
paragraph (2) (ii) of this paragraph shall be applicable
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
showing the design of the source; information necessary to de-
termine the impact that the construction or modification will have
on sulfur dioxide and particulate matter air quality levels; anJ
any other information necessary to determine that best available
control technology will be applied. Upon request of the Adminis-
trator, the owner or operator of the source shall provide informa-
tion on the nature and extent of general commercial, residential,
industrial, and other growth which has occurred in the area af-
fected by the source's emissions (such area to be specified by the
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Administrator) 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 procedures
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), re-
view by the Administrator conducted pursuant to this
paragraph shall be coordinated with the broad environmen-
tal reviews under that Act, to the maximum extent feas-
ible and reasonable.
(5) Where an owner or operator has applied for permission to con-
struct or modify pursuant to this paragraph and 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 con-
sideration), approval shall not be granted until the Administra-
tor 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 de-
ficiency 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 para-
graph (e') (1) (ii) of this section shall be the date on
which all required information is received by the Admin-
istrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
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(a) Make a preliminary determination whether the source
should be approved, approved with conditions, or dis-
approved.
(b) Make available in at least one location in each re-
gion in which the proposed source would be construct-
ed, 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 materi-
als, if any, considered by the Administrator in mak-
ing 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 in-
formation submitted by the owner or operator and the
Administrator's preliminary determination on the ap-
provability of the source.
(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 locations where the
source will be situated as follows: State and local air
pollution control agencies, the chief executive of the
city and county; any comprehensive regional land use plan-
ning agency; and any State, Federal Land Manager or In-
dian Governing Body whose lands will be significantly af-
fected by the source's emissions.
(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 sub-
mit 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 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 source would be lo-
cated.
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(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 Administrator.
(2) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as ap-
proved and conditioned by the Administrator, or any owner or op-
erator of a stationary source subject to this paragraph who com-
mences construction 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.
(3) Approval to construct or modify shall become invalid if construc-
tion or expansion is not commenced within 18 months after receipt
of such approval or if construction is discontinued for a period
of 18 months or more. The Administrator may extend such time pe-
riod upon a satisfactory showing that an extension is justified.
(4) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strat-
egy 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 responsi-
bility for implementing the procedures for conducting source re-
view pursuant to paragraphs (d) and (e), in accordance with sub-
paragraphs (2), (3), and (4) of this paragraph.
(2) Where the Administrator delegates the responsibility for imple-
menting 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 con-
trol agency, such agency shall consult with the appropri-
ate 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 responsibilities for managing
land use, such agency shall consult with the appropriate
State and local agency which is primarily responsible for
managing land use prior to making any determination re-
quired 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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I
(3) In accordance with Executive Order 11752, the Administrator'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 located on Federal lands;
except that, with respect to the latter category, where new or
modified sources are constructed or operated on Federal lands pur-
suant to leasing or other Federal agreements, the Federal land
Manager may at his discretion, to the extent permissible under ap-
plicable 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 procedures for
conducting source review pursuant to this section shall not be re-
delegated, other than to a regional office of the Environmental
Protection Agency, for new or modified sources which are located
on Indian reservations except where the State has assumed juris-
diction over such land under other laws, in which case the Admin-
istrator may delegate his authority to the States in accordance
with subparagraphs (2), (3), and (4) of this paragraph.
(39 FR 42514, Dec. 5, 1974; 40 FR 2802, Jan. 16, 1975, as
amended at 40 FR 24535, June 9, 1975; 40 FR 25005, June 12,
2975; 40 FR 42012, Sept. 10, 1975)
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