U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 263
Air Pollution Regulations in State
Implementation Plans: Indiana
Abcor Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
-------
United States
Environmental Protection
i Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
PB 290263
EPA-450/3-78-064
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
Indiana
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-450/3-78-064
_JL
4. TITLE ANOSUBTITLE
Air Pollution Regulations in State Implementation i
Plans: Indiana
7. AUTHOR(S)
3. RECIPIENT'S ACCESSION-NO.
. , _.
Pfe 240 £ 3
pnoT nATP I
5. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
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
13. TYPE OF REPORT AND PERIOD COVERED
Control Programs Development Division.
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park. NC 27711
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
Air pollution
Federal Regulations
Pollution i
State Implementation 'Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
b.lDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
19. SECURITY CLASS (This Report)
Unclassified
20. SECURITY CLASS (This page)
Unclassified
22. PRICE
EPA Form 2220-1 (9-73)
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EPA-450/3-78-064
Air Pollution Regulations
in State Implementation Plans:
Indiana
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 "n
-------
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-450/3-78-064
-------
INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceabi1ity of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable,by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
in
-------
to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for .example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
IV
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SUMMARY SHEET
OF
ERA-APPROVED REGULATION CHANGES
INDIANA
Submittal Date
4/11/72
Approval Date
5/31/72
6/30/72
7/27/72
9/15/72
5/14/73
5/8/73
3/7/74
2/6/74
10/28/75
10/3/74
10/28/75
Description
Public Law 100,
Regulation APC-
12-R, and 13
through 17.
Note: Portions of
APC 13, 15, 16 and
17 were disapproved.
APC-4-R
Note: Disapproved
for the maintenance
of Secondary Stds.
for particulate
matter in the Metro-
Indianapolis Region.
APC-13, 15
Note: This revokes
the 5/31/72 dis-
approval of APC-13
and 15 on 5/31/72.
APC-19.
APC-1
Replaces
APC-18, 20
Note: State was
requested to with-
draw APC-18; APC-20,
with the exception
of section 2(d) was
approved.
APC-16, 17 & 22
Note: APC-22 was
approved only as it
relates to CO and
N00
-------
Submittal Date
11/8/74
Approval Date
10/28/75
10/3/74
8/24/76
12/5/74
8/24/76
Descri pti on.
APC-3, 15
Note: APC-3,
Section 1, is dis-
approved to the
extent that the
15-minute exempt-
ion provision fails
to meet the require-
ments of 51.13(e)(l)
& 51.19(c). No
action taken on
APC-15. APC-15
was disapproved on
5/6/76.
APC-22
Note: APC-22,
Section 4 priority
classifications;
for S02 control in
Jefferson, LaPorte,
Porter, Uigo and
Warrick Counties Is
disapproved. Sources
in these counties
must comply with
APC-13 approved on
5/14/73.
APC-13
Note: Partial Dis-
approval
Section Number
52;780
52.780
52.784
52.786
52.787
52.793
FEDERAL REGULATIONS
Description
Review of New Sources & Modifications
Review of New or Modified Indirect Sources
Transportation and Land Use Controls
Inspection and Maintenance Program
Gasoline Transfer Vapor Control
Prevention of Significant Deterioration
VI
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
| ^•MM^^»«i^^™^^W»*^«^^^M*^M«^"«^*"^^»M«^^^"^^»*"
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC .OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11,0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
t2.0 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
STATE REGULATIONS
Revised Standard
Subject Index
(2.0)
i
(1.0)
(51.13)
(7.0)(50.1.2)
(2.0)
(2.0)
(7.0)
(10.0)
(51.5)
(51.5)
(50.1.1),
(51.4)
(51.9) •
(8.0)
(50.2)
(50.2)
Section
Number
Regulation ARC
Regulation ARC
Section 1
Section 3
Section 4
Section 5
Regulation ARC
Regulation ARC
Regulation ARC
Regulation ARC
Regulation ARC
Regulation ARC
Regulation ARC
Regulation ARC
Title
Preface
Definitions
2 Open Burning
3 Visible Emissions and
Malfunctions Limitation
Limitation
Violation of Other
Regulations
Malfunctions
Federal New Source Perfor-
mance Standards
4 Combustion For Indirect
Heating
5 Process Operations
6 Existing Foundries
7 Incinerators
12-R Air Pollution Episode Alert
Levels and Actions for the
State of Indiana
10
13 Maximum Allowable Sulfur
Page
1
1
7
7
7
-T
0
9
9
10
11
15
16
17
18
(4.0)
Regulation ARC 14
Dioxide Emissions 26
Ambient Air Quality Con-
centrations for Sulfur
Dioxide; Particulate Matter;
Carbon Monoxide; Photochemical
IX
-------
Revised Standard Section
Subject Index Number
(4.2)
(4.1)
(4.5)
(4.6)
(4.4)
(4.3)
(50.4)(51.16)
(50.5)
(50.3)
(3.0)
(50.1)
(18.0)
Regulation APC 14 .1.
Regulation APC 14 2.
Regulation APC 14 3.
Regulation APC 14 4.
Regulation APC 14 5.
Regulation APC 14 6.
Regulation APC 15
Regulation APC 16
Regulation APC 17
Regulation APC 19
Regulation APC 20
Regulation APC 22
Title Page
Oxidants; Hydrocarbons; and
Nitrogen Dioxide for the
State of Indiana 29
Sulfur Dioxide 30
Suspended Particulate 30
Carbon Monoxide 31
Photochemical Oxidants 31
Hydrocarbons 31
Nitrogen Dioxide 31
Maximum Allowable Hydro-
carbon Emissions 3?
Maximum Allowable Carbon
Monoxide Emissions '38
Maximum Allowable Nitrogen
Oxides Emissions 39
Permi ts
Maximum Allowable Fugitive
Dust 46
Establish Air Quality Basins
and Priority Ratings For
Sulfur Dioxide; Particulate
Matter; Carbon Monoxide;
Photochemical Oxidants/Hydro-
carbons; and Nitrogen Di-
oxide 49
-------
ST. JOSEPH COUNTY. INDIANA
Revised Standard
Section
Subject Index
(2.0)
(2.0)
(2.0)
(1.0)
(2.0)
(2.0)(15.0)
(15.0)
(16.0)
(16.0)
(2.0)
(3.0)
(9.0)
(2.0)
(2.0)
I
(50.1.3)
(50.1.2) '
Number
Article I
Sec. 1.1
Sec. 1.2
Sec. 1.3
Article II
Sec. 2.1
Sec. 2.2
Sec. 2.3
Sec. 2.4
Sec. 2.5
Article III
Article IV
Article V
Sec. 5.1
Sec. 5.2
Sec. 5.3
(50.1.2).
(51.5)
(51.9)
Sec. 5.4
Sec. 5.5
Sec. 5.6
Title . Page
General Provisions 55
Short Title 55
Purpose 55
Definitions 55
Administrative Organization 59
Administrative Organization
and Enforcement 59
Powers and Duties of the
Health Officer 60
Appeals Board bi:
Appeals to the Appeals Board 63
Advisory Committee 64
Registration 65
Inspections and Testing 66
Emission Limitation Standards
and Measurement 68
State and Federal Standards
as Minimum Standards 68
Water Mist or Vapor 68
Visible Emissions Prior To
January 1, 1974 68
Visible Emissions From and
After January 1, 1974 69
Particulate Matter From Fuel-
Burning Equipment 69
Refuse Burning Equipment and
Incinerators 71
x:
-------
Revised Standard
Section
Subject Index
(50.1.1)
(2.0)
(51.4)
(50.6)
(2.0)
(12.0)
(51.13)
(50.7)
(2.0)
(15.0)06.0)
(5.0)
(15.0)
(2.0)
(2.0)
(2.0)
i
(2.0)
(8.0) -
Number
Sec. 5.7
Sec. 5.8
Sec. 5.9
Sec. 5.10
Sec. 5.11
Sec. 5.12
Sec. 5.13
Sec. 5.14
Sec. 5.15
Article VI
Article VII
Article VIII
Article IX
Article X
Article XI
Article XII
Article XIII
Title Page
Process Equipment or Process
Operations 7T
Control Equipment 71
Foundries 72
Gaseous Emissions 72
Air Contaminants in a Local-
ized Area 72
Internal Combustion Engine 73
Open Burning 73
Nuisance Abatement 75
Exceptions •'*.'•
Violation Procedures 76
Variances 77
Penalties 79
Persons Liable 79
Sealing 79
Fees 80
Severability 81
Emergencies 81
XII
-------
VIGO COUNTY. INDIANA
Revised Standard
Subject Index
(2.0)
(2.0) .
(2.0)
(1.0)
(2.0)
(2.0)05.0)
(15.0)
Section
Number
Article I
Section 101
Section 102
Section 103
Article II
Section 201
Section 202
(2.0)
(16.0)
(2.0K5.0)
(2.0)
(16.0)
(2.0)
(5.0)
(2.0)
(13.0)
(13.0)
(13.0)
(51.13)
(50.1.2)
Section 203
Section 204
. Article III
Section 301
Section 302
Section 303
Section 304
Article IV
Section 401
Section 402
Section 403
Section 404
Section 405
Title Page
General Provisions 86
Short Title 86
Purpose 86
Definition of Terms 86
Administrative Organization 90
Administrative Organization
and Enforcement 90
Powers and Duties of the
Di rector s?0
Air Pollution Inspectors ?•!
Air Pollution Control Board 92
Promulgation of Rules and
Regulations, Right of Appeal
and Variances 94
Rules and Regulations 94
Hearings 95
Appeals 95
Variances 96
Regulations 97
Reports, Plans and Specifi-
cations 97
Emission Information 98
Content of Emission Information 98
Open Burning 99
Smoke and Other Visible
Emissions 99
XIII
-------
Revised Standard
Subject Index
(51.5)
(50.1.1)
(51.4)
(51.9)
(50.2)
(12.0)
(50.1)(50.7)
(50.6)
(8.0)
(7.0)
(2.0)
(9.0)
(15.0)
(9.0)(15.G)
(9.0)
(9.0)
(2.0)
(2.0)
(51. 2j
(2.0)
i
(2.0)
05.0)
' (15.0)
(16.0)
Section
Number
Section 406
Section 407
Section 408
Section 409
Section 410
Section 411
Section 412
Section 413
Section 414
Section 415
Section 416
Article V
Section 501
Section 502
Section 503
Section 504
Article VI
Section 601
Section 602
Article VII
Section 701
Article VIII
Section 801
Section 802
Title Page
Combustion For Indirect Heating 100
Process Operations 100
Existing Foundries 100
Incinerators 103
Sulfur Oxides 103
Motor Vehicles 103
Nuisance and Airborne
Particulate 104
Emission of Odors 104
Emergency Procedure 105
Breakdown of Equipment lOt
Circumvention 105
Sampling and Testing 106
Right of Entry For Inspection 106
Authority To Conduct Tests 106
Test Facilities and Access 106
Test Costs 107
Existing Conditions 107
Emission Sources 107
By-Product Coke Plants 108
Liability 109
Persons Liable 109
Procedures For Violations 109
Warning Notice 109
Voluntary Hearing 109
xiv
-------
Revised Standard
Section
Subject Index
.(15.0)
(15.0)
(2.0)
(2.0)
(15.0)
(15.0)
(15.0)
(2.0)
(2.0).
(2.0) •
Revised Standard
Subject Index
(2.0)
(2.0)
(2.0)
(1.0)
(2.0)
(15.0)
(9.0')
(16.0)
(5.0)
(2.0)
Number
Section 803
Section 804
Section 805
Section 806
Article IX
Section 901
Section 902
Article X
Article XI
Article XII
CITY OF
Section
Number
Article I
Section 1.1
Section 1 .2
Section 1 .3
Artirlo TT
Ml L 1 CIC 11
Section 2.1
Section 2.2
Section 2.3
Section 2.5
Section 2.6
Section 2.7
•Title
Citation
Violation Notice
Abatement Order
Seal i ng
Penalties For Violations
Separate Offense
Penalties
Severability
Repeal Clause
Adoption
ANDERSON
Title
General Provisions
Short Title
Purpose
Definition of Terms
Area Covered
Powers and Duties of the
Director
Air Monitoring Technicians
Appeals Board
Variance
Appeals
Page
109
110
110
110
111
in
m
m
112
« 'i f-
i \ ,
113
113
113
113
114
1 J *T
114
115
116
117
118
119
XV
-------
Revised Standard"
Subject Index
(2.0)
(3.0)
(2.0)
(2.0)
(51.13)
(51.1.2)
(51.5)
(51.1.1)
(2.0)
(2.0)
(7.0)
(9.0)
(9.0M15.0)
(2.0)
(9.0)05.0)
(2.0)
(2.0)
(15.0)
(15.0)
Section
Number
Article III
Article IV
Article V
Article VI
Section 6.1
Section 6.2
Section 6.3
Section 6.4
Section 6.8
Section 6.9
Section 6.10
Article VII
Section 7.1
Article VIII
Article IX
Article X
Article XI
Article XII
Article XIII
Title Page
Standards and Recommended
Practices 120
Permits and Certificates
Required 121
Schedule of Fees 124
Emission Limitations and
Prohibitions 126
Open Burning 126
Smoke and Other Visible
Emissions 127
Combustion For Indirect
Heating '£7
Process Operation i,."-
128
— 128
Breakdown of Equipment 1?.8
In-Stack Sampling and Source
Testing 128
Authority To Require A Person
To Conduct Tests 128
Sealing 128
Right of Entry For Investi-
gation and Inspection 129
Persons Liable 129
Party To Claims or Actions 129
Penalties For Violations 130
Alternative Procedure For
Violations . 130
xvi
-------
Revised Standard'
Subject Index
(2.0)
(2.0)
(2.0)
Revised Standard
Subject Index
(2.0)
(2.0)
(2.0)
(1-0)
(2.0)
(2.0M15.0)
(15.0)
(9.0)
(16.0)
(16.0)'
(2.0) .
(2.0)
(3.0)
(2.0)
Section
Number
Article XIV
Article XV
Article XVI
CITY OF
Section
Number
Article I
Section 1 .1
Section 1 .2
Section 1.3
Article II
Section 2.1
Section 2.2
Section 2.3
Section 2.4
Section 2.5
Article III
Section 3.1
Article IV
Article V
Title
Severability
Rules and Regulations
Repeal Clause
EAST CHICAGO
Title
General Provisions
Short Title
Purpose
Definition of Terms
Administrative Organization
i
Administrative Organization
and Enforcement
Powers and Duties of the
Di rector
Air Quality Control Inspectors
Air Quality Control Advisory
and Appeal Board
Appeals To Air Quality Control
Advisory and Appeal Board
Standards and Recommended
Practices
Adopted Standards Or Recommended
Practices
Installation Permit and
Certificate of Operation
Schedule of Fees
Page
131
131
131
133
133
133
133
137
137
138
140
140
142
143
143
143
147
XVII
-------
Revised Standard
Subject Index
(9.0)
(50.1.2)
(51.5)
(50.1.1)
(51.16)
(51.16)
(50.2)
(51.6)
(51.6)
(51.18)
(50.2)
(51.13)
(51.13)
(50.7)
(7.0)
(2.0)
(13.0)
Section
Number
Article VI
Section 6.1
Section 6.2
Section 6.3
Section 6.4
Section 6.5
Section 6.6
Section 6.7
Section 6.8
Section 6.9
Section 6.10
Section 6.11
Section 6.12
Section 6.13
Section 6.14
Section 6.15
Section 6.16
Section 6.17
Title Page
Emission Limitations and Pro-
hibitions - Standards of
Measurement 149
Visible Emissions 149
Emission of Particulate Matter
From Fuel-Burning Equipment 149
Emission of Particulate Matter
From Incinerators 150
Emissions of Particulate Matter
From Industrial Process
Equipment 15U
Storage of Petroleum or Other
Volatile Products 150
Volatile Petroleum Distillate or
Other Volatile Product Loading
Into Tanks, Trucks, Trailers arid
Railroad Tank Cars IB!
Sulfur Oxides 15?
Sulfur Limitation of Fuels 152
Sulfur Oxide Emissions From
Single Stacks 153
Sulfuric Acid Manufacturing
Processes 155
Hydrogen Sulfide Limitation 155
Open Burning 155
Prohibition of Salvage Oper-
ations By Open Burning 155
Nuisance: Abatement 155
Breakdown of Equipment 156
Circumvention 156
Duty To Report Discontinuance
or Dismantlement 156
XVIII
-------
Revised Standard
Subject Index
(8.0)
(8.0)
(12.0)
(12.0)
(2.0)
(3.0)
(2.0)
(9.0)
(9.0)(15.0)
(9.0)
(9.0)
(9.0)
(9.0)
(9.0)
(5.0)
(2.0)
(15.0)
(2.0)
(15.0)
(2.0)
(15.0)
(2.0)
(2.0)
Section
Number
Article VII
Section 7.1
Article VIII
Section 8.1
Article IX
Section 9.1
Section 9.2
Article X
Section 10.1
Section 10.2
Section 10.3
Section 10.4
Section 10.5
Section 10.6
Article XI
Article XII
Article XIII
Article XIV
Article XV
Article XVI
Article XVII
Article XVIII
Article XIX
Title Pajje.
Episode Alert Provisions 156
Alert Provisions 156
Internal Combustion Engines 157
Internal Combustion Engine
Limits 157
Co-Ordination of Departments 157
Issuance of Permits 157
Co-Ordination 157
Sampling and Testing 158
Authority To Conduct Tests "E8
Test Facilities and Access -b8
Test Costs 159
Stack Emission Test Method 159
Analyses of Fuels 159
Tampering With Testing Devices 159
Variances 159
Sealing 161
Right of Entry 161
Liability . 162 '
Penalties For Violations 162
Party To Claims or Actions 16?
Alternative Procedure For
Violations 163
Severability 163
Repeal Clause 164
xsx
-------
CITY OF EVANSVILLE
Revised Standard
Subject Index
,
(2.0)
(2.0)
(2.0,)
(2.0)
(1.0) '
(2.0)
(2.0)
(2.0)
(9.0)
(16.0)
(16.0) ,
(3.0}(51.5)
(2.0)
(2.0)
(2.0)
I
(16.0)
(50.1.2)
(51. 21)'
Section
Number
Chapter 941
Title One
941.101
941.102
941.103
941.104
Title Two
941.201
941.202
941.203
941.204
941.205
Title Three
Title Four
Title Five
941.501
941.502
941.503
941.504
Title
Air Quality Control
General Provisions
Introductory Provisions
Short Title
Purpose
Definition of Terms
Administrative Organization
General
Chief of Air Pollution Control
Department
Air Pollution Inspectors
Air Pollution Control Board
Manner of Taking Appeals
Installation Permit and Certi-
ficate of Operation For Non-
Domestic Heating Plants
Schedule of Fees
Standards and Prohibitions
Adopted Standards or Recommended
Practices
Delegation of Authority To
Board
Visible Emissions
Fuel and Equipment Restrictions
Page
169
169
169
169
169
170
173
i/3
'173
1/6
176
177
179
182
184
184
184
185
186
XX
-------
Revised Standard
,Subject Index
(51.9)
(50.1,1)
(9.0)
(51.16)
(51.16)
(51.21)
(50.7)
(50,7)
(51.13)
(50.7)
(7.0)
(2.0)
(9.0)
(9.0)(15.0)
(9.0)
(15.0)
(2.0)
(2.0)
Section
Number
941.505
941.506
941.507
941.508
941.509
941.510
941.511
941.512
941.513
941.514
941.515
941.516
941.517
Title Six
941.601
941.602
941.603
Title Seven
941.701
Title
Emission of Particulate Matter
From Fuel-Burning and Refuse-
Burning Equipment
Incinerators and Emission of
Particulate Matter From
Incinerators
Emission of Particulate Matter
From Industrial Process
Equipment
Stack Emission Test Method
Storage of Petroleum or Other
Volatile Products
Volatile Petroleum Distillate:
Loading into Tanks, Trucks,
Trailers and Railroad Tank Cars
Glare and Heat
Vibration
Noise
Open Burning
Nuisance Abatement
Breakdown of Equipment
Circumvention
Sampling and Testing
Authority To Conduct Tests
Test Facilities and Access
Right of Entry For Inspection
Procedure For Violations -
Sealing
Violation Notice
186
187
187
188
189
139
190
190
190
191
192
193.
193
193
193
194
194
195
195
XXI
-------
Revised Standard
Secti on
Subject Index
(2.0)
(16.0)
(5.0)
(15.0)
(2.0)
Revised Standard
Subject Index
(2.0)
(2.0)
(2.0)
0.0)
(2.0)
(2.0)05.0)
(15.0)
(9.0)
(16.0)
(16.0)
(2.0)
(2.0)
(3.0)
Number
941.702
941.703
Title Eight
Title Nine
Title Ten
CITY
Section
Number
Article I
Sec. 1.1
Sec. 1.2
Sec. 1.3
Article II
Sec. 2.1
Sec. 2.2
Sec. 2.3
Sec. 2.4
Sec. 2.5
Sec. 2.6
Article III
Article IV
Title
Sealing
Appeals From Decision of Chief
Variances
Penalties For Violations
Severability
OF GARY
Title
General Provisions
Short Title
Purpose
Definition of Terms
Administrative Organization
Administrative Organization
and Enforcement
Powers and Duties of the Chief
Air Pollution Inspectors
Air Pollution Control
Advisory Board
Appeal Board
Appeals
Standards and Recommended
Practices
Installation Permit and
Certificate of Operation
Page
195
195
196
197
198
Page
H10
200
200
200
204
204
205
206
207
208
209
210
211
xxn
-------
Revised Standard
Subject Index
(2.0) '
(2.0)
(50.1.2)
(51.5)
(51.9)
(50.1.1)
(51.16)
(51.16)
Section
Number
Article V
Article VI
Sec. 6.1
Sec. 6.2
Sec. 6.3
Sec, 6.4
Sec. 6.5
Sec. 6.6
(50.2)
(9.0)
(51.13)
(51.13)
(50.7) '
(7.0)
(2.0)
(12.0)
(2.0)
(3.0) '
' (2.0)
Sec. 6.7
Sec. 6.8
Sec. 6.9
Sec. 6.10
Sec. 6.11
Sec. 6.12
Sec. 6.13
Article VII
Article VIII
'Sec. 8.1
Sec. 8.2
Title Page
Schedule of Fees 215
Emission Limitations and Pro-
hibitions - Standards of
Measurement 217
Visible Emissions . 217
Emission of Particulate Matter
From Fuel-Burning Equipment 217
Emission of Particulate Matter
From Incinerators 217
Emission of Particulate Matter
From Industrial Process
Equipment 218
Storage of Petroleum or Other
Volatile Products 218
Volatile Petroleum Distillate
Loading Into Tanks, Trucks,
Trailers and Railroad Tank Cars 219
Sulfur Oxides 219
Stack Emission Test Method 219
Open Burning 219
Prohibition of Salvage Oper-
ations By Open Burning 220
Nuisance Abatement 220
Breakdown of Equipment 221
Circumvention 221
Internal Combustion Engines 222
Co-ordination of Departments 222
Issuance of Permits 222
Co-ordination 222
XXMI
-------
Revised Standard
Subject Index
(9.0)
(5.0)
(2.0)
(15.0) .
(2.0)
(2.0)
(15.0)
(15.0)
(2.0)
(2.0)
Revised Standard
Subject Index
(2.0)
(2.0)
(2.0)
(1-0)
(2.0)
(2.0)(15.0)
(15.0)
(2.0)
(16.0)
Section
Number
Article IX
Article X
Article XI
Article XII
Article XIII
Article XIV
Article XV
Article XVI
Article XVII
Article XVIII
CITY
Section
Number
Article I
Sec. 1.1
Sec. 1.2
Sec. 1.3
Article II
Sec. 2.1
Sec. 2.2
Sec. 2.3
Sec. 2.4
Title
Sampling and Testing
Variances
Sealing
Right of Entry
Persons Liable
Party To Claims or Actions
Penalties For Violations
Alternative Procedure For
Violations
Severabi 1 i ty
Repeal Clause
OF HAMMOND
Title
General Provisions
Short Title
Purpose
Definition of Terms
Administrative Organization
Administrative Organization
and Enforcement
Powers and Duties of the Chief
Air Pollution Inspectors
Air Pollution Control Board
Page
223
224
226
226
227
227
227
228
2-;:%
. v>9
Paae
234
234
234
234
238
238
239
240
241
XXIV
-------
Revised Standard
Subject Index
(16.0)
(2.0)
(3.0)
(2.0)
(2.0)(9.0)
(50.1.2)
(50.1)(51.9)
(50.1.1).
(51.16)
(51.16)
(50.2)
(50.2)
(9.0)
(51.13)
(51.13),
Section
Number
Sec. 2.5
Article III
Article IV
Article V
Article VI
Sec. 6.1
Sec. 6.2
Sec. 6.3
Sec. 6.4
Sec. 6.5
Sec. 6.6
Sec. 6.7
Sec. 6.7
Sec. 6.8
Sec. 6.9
Sec. 6.10
Title Page
Air Pollution Control Board:
Manner of Taking Appeals 242
Standards and Recommended
Practices 244
Installation Permit, Certi-
ficate of Compliance and
Certificate of Operation 244
Schedule of Fees 248
Emission Limitations and
Prohibitions - Standards of
Measurement 250
Visible Emissions 25C
Emission of Particulate Matter
From Fuel-Burning and Rfifuse-
Burning Equipment 250
Emission of Particulate Matter
From Incinerators 251
Emission of Particulate Matter
From Industrial Process
Equipment 251 !
Storage of Petroleum or Other
Volatile Products 251 ,
Volatile Petroleum Distillate
Loading Into Tanks, Trucks,
Trailers and Railroad Tank Cars 252
Sulfur Oxides 252
Sulfur Oxides 253
Stack Emission Test Method 254
Open Burning 254
Prohibition of Salvage Opera-
tions By Open Burning 255
xxv
-------
Revised Standard
Subject Index
(50.7)
(7.0)
(2.0) •
(12.0)
(12.0)
(6.0)
(15.0)
(2.0)
(9.0)
(5.0)
(2.0)
(15.0)
(14.0) ;
(2.0)
(15.0)
(15.0)
(2.0) ,
(2.0)
(2.0)
(2.0)
Section
Number
Sec. 6.11
Sec. 6.12
Sec. 6.13
Article VII
Sec. 7.1
Sec. 7.2
Sec. 7.3
Article VIII
Article IX
Article X
Article XI
Article XII
Article XIII
Article XIV
Article XV
Article XVI
Article XVII
Article XVII
Article XIX
Article XX
Title
Nuisance Abatement
Breakdown of Equipment
Circumvention
Internal Combustion Engines
Internal Combustion Engines
Compliance With Federal
Emission Standards
Enforcement
Co-ordination of Departments
Sampling and Testing
Variances
Sealing
Right of Entry
Confidentiality of Records
Persons Liable
Penalties For Violations
Alternative Procedure For
Violations
Party To Claims or Actions
Severability
Repeal Clause
Page
255
257
257
257
257
257
257
258
25V
259
261
261
262
262
262
263
264
264
264
2C4
xxvi
-------
CITY OF INDIANAPOLIS
Revised Standard
Subject Index
O.OM2.0)
(2.0)
0.0)
(2.0)
(2. 0)(5. 0)05.0)
(2.0)
(16.0)
(2.0)
(5.0)
(15.0)
(15.0)
(3.0) ,
(15.0)
(2.0)
(3.0)
(6.0)
(2.0)
(3.0)
(3.0)
Section
Number
Article 1
Section
Section
Article 2
Article 3
Section
Section
Section
Section
Section
Section
A v*+* T r 1 a /L
Mr L \ L 1 c H
Section
Section
Article 5
Section
Section
Article 6
Section
Section
1.2
1.3
3.1
3.2
3.3
3.4
3.5
3.6
4.1
4.2
5.1
5.2
6.1
6.2
Title
Scope and Definitions
Scope
Definitions of Terms
Administration By Bureau
Promulgation of Rules and
Regulations, Right of Appeal,
Variances and Enforcement
Rules and Regulations
Hearings
Appeals
Variance
Enforcement Procedures
Obstruction of Enforcement
Registration of Air Pollution
Sources
Special Powers of Bureau
Existing Equipment
Certificate of Operation
Program For Compliance
New Equipment and Alteration
of Existing Equipment
Installation Permit
Certificate of Operation
' Page
267
267
267
273
279
279
*BO
^HO
?81
282
283
283
£.0*3
283
283
283
283
284
285
285
287
XXVI1
-------
Revised Standard
Subject Index
(14.0)
(2.0)
(8.0)
(2.0)
(2.0)
(2.0)
(50.1.2)
(50.1)
(51.13)
(50.6)02.0)
(15.0)
(2.0)
Revised Standard
Subject Index
(2.0)
(2.0)
(2.0)
(1.0)
(2.0)'
(15.0)
Section
Number
Section 6.3
Article 7
Article 8
Article 9
Section 9.1
Section 9.2
Regulation I
Regulation II
Regulation III
Regulation IV
Article 10
Article 11
Title
Confidentiality of Data or
Information
Fees
Emergency Procedure
Rules-Regulations & Standards
Part of Ordinance - Violations
Making of Rules, Regulations
and Standards Set By The Board
Original Standards, Rules and
Regulations Adopted With The
Ordinance
Smoke
Particulate Emission
Open Burning Restrictions
Odors and Gaseous Emissions
Penalty
Effective Date of Ordinance
CITY OF MICHIGAN CITY
Section
Number
Article I
Sec. 1.1
Sec. 1.2
Sec. 1.3
Article II
Sec. 2.1
Title
General Provisions
Short Title
Purpose
Definition of Terms
Administrative Organization
Administrative Organization
and Enforcement
287
288
290
290
290
291
29'
M2
310
312
31 b
315
Page
317
317
317
317
321
321
xxvin
-------
Revised Standard
Subject Index
(15.0)
(2.0)
(16.0.)
(16.0)
(2.0)
(2.0)
(3.0)
(2.0)
(9.0)(50.0)
(51.1.2)
(51.5) '
(51.1.1)
(51.16)
(51.16)
(50.2)
(9.0)
(51.13)
Section
Number
See. 2.2
Sec. 2.3
Sec. 2.4
Sec. 2.5
Sec. 2.6
Article III
Article IV
Article V
Article VI
Sec. 6.1
Sec. 6.2
Sec. 6.3
Sec. 6.4
Sec. 6.5
Sec. 6.6
Sec. 6.7
Sec. 6.8
Sec. 6.9
Title Page
Powers and Duties of the Chief 321
Air Pollution Inspectors 322
Air Pollution Control
Advisory Board 323
Appeals Board 323
Appeals 324
Standards and Recommended
Practices 326
Installation Permits and
Certificates of Operation 327
Charges 33'
Emission Limitations and Pro-
hibitions - Standards of
Measurement . 33?
Visible Emissions 332
Emission of Particulate Matter
From Fuel-Burning Equipment 332
Emission of Particulate Matter
From Incinerators 332
Emission of Particulate Matter
From Industrial Process
Equipment 333
Storage of Petroleum or Other
Volatile Products 333
Loading of Volatile Petroleum
Distillates Into Tanks and
Trucks, Trailers and Railroad
Tank Cars 333
Sulfur Oxides 334
Stack Emission Test Method 334
Open Burning 334
xxvx
-------
Revised Standard
Subject Index
(51.13)
(12.0)
(50.7)
(7.0)
(2.0)
(2.0)
(3.0)
(2.0)
(9.0)
(5.0)
(2.0)
(15.0)
(2.0)
(2.0)
(15.0)
(15.0)
(2.0)
(2.0)
Section
Number
Sec. 6.10
Sec. 6.11
Sec. 6.12
Sec. 6.13
Sec. 6.14
Article VII
Sec. 7.1
Sec. 7.2
Article VIII
Article IX
Article X
Article XI
Article XII
Article XIII
Article XIV
Article XV
Article XVI
Article XVII
Title Page
Prohibition of Salvage Oper-
ations by Open Burning 335
Internal Combustion Engine
Emission Limits 335
Nuisance Abatement 335
Breakdown of Equipment 336
Circumvention 336
Coordination of Departments 337
Issuance of Permits 337
Coordination 337
Sampling and Testing ''38
Variances 339
Sealing 341
Right of Entry 342
Persons Liable 343
Party To Claims or Actions 344
Penalties For Violations 345
Procedure For Persons Notified
Of Violations 346
Severability 347
Repeal Clause 348
XXX
-------
WAYNE COUNTY
Revised Standard
Subject 'Index
(2.0)
(2.0)
(2.0)
(1.0)
(2.0)
(15.0)
(15.0)
(2.0)
(3.0)
(2.0)
(2.0)
(4.1)
(12.0)
.(50.7)
(8.0)
(2.0)
(9.0)
(5.0) -
(2.0)
(5.0)
Section
Number
Article 1 Genei
Sec. 1.1 Shor
Sec. 1.2 Purpi
Sec. 1.3 Defii
Article 2 Admii
Sec. 2.1 Admii
and
Sec. 2.2 Powe
Heal
Article 3 Stan
Prac
Article 4 Inst
Perm
Article 5 Emis
Proh
Sec. 5.1 Stat
Sec. 5.2 Ambi
Sec. 5.3 Moto
Sec. 5.4 Nuis
Sec. 5.5 Emer
Sec. 5.6 Circ
Article 6 Samp
Article 7 Vari
Sec. 7.1 Exis
Sec. 7.2 Spec
Title
General Provisions
Short Title
Purpose
Definition of Terms
Administrative Organization
Administrative Organization
and Enforcement
Powers and Duties of the
Health Officer
Standards and Recommended
Installation and Operational
Permits
Emission Limitations and
Prohibitions
State Regulations
Ambient Particulate Emission
Motor Vehicles
Nuisance
Emergency Procedure
Circumvention
Sampling and Testing
Variances
Existing Conditions
Special Variances
Page
352
352
352
352
354
354
.1*55
356
360
360
361
361
361
362
362
362
364
364
364
xxx i
-------
Revised Standard
Subject Index
(14. d)
(2.0)
(15.0)
(15.0)
(2.0)
(2.0)
(2.0.)
Revised Standard
Subject Index
(10.0)
(10.0-) •
(12.0)
(12.0)
(12.0)
i
(17.0)
.Section
Number
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
FEDERALLY
Section
Number
52.780
52 . 780
52.784
52,786
52.787
52.793
Ti tl e
Confidentiality of Certain
Records
Persons Liable
Procedures For Violations
Penalties For Violations
Severability
Repeal Clause
Adoption
PROMULGATED REGULATIONS
Title
Review of New Sources and
Modifications
Review of New or Modified
Indirect Sources
Transportation and Land Use
Controls
Inspection and Maintenance
Program
Gasoline Transfer Vapor
Control
Prevention of Significant
Page
365
366
367
369
370
371
37?
Deterioration
374
38U
390
390
393
397
XXXI 1
-------
(2.0) PREFACE
New installations or new potential sources of air pollution shall, after
the effective date of the regulations, meet the specifications and limits
contained in the regulations. All persons must comply within one year
with Regulation ARC 2. Existing installations which are sources of air
pollution must within one year submit a program and timetables to com-
ply with Regulations APC 3, ARC 4, ARC 5, ARC 6 and ARC 7. The Board may
at its discretion grant a variance from the rules or regulations if it
finds that:
(1) the emissions occurring or proposed to occur do not endanger or
tend to endanger human health or safety; and
(2) compliance with the rules or regulations from which variance is
sought would produce serious hardship without equal or greater
benefits to the public.
(1.0) DEFINITIONS
The following terms as used in the Rules and Regulations shall, unles*
the context otherwise requires, have the following meanings:
AIR CONTAMINANT - Particulate matter, dust, fumes, gas, mist, smoke or
vapor, or any combination thereof, but excluding uncombined water.
AIR CONTAMINANT SOURCE - Any and all sources of emission of air contami-
nants, whether privately - or publicly-owned or operated. Without.
limiting tihe generality of the foregoing, this term includes all types
of business, commercial and industrial plants, works, shops and stores;
and hydrocarbon combustion plants, power generating plants, and steam
heating plants and stations, building and other structures of all types.,
including single and multiple family residences, apartments, houses,
office buildings, hotels, restaurants, schools; hospitals, churches,
and other institutional buildings, aircraft, automobiles, trucks, trac-
tors, buses and other motor vehicles, garages and vending and service
locations and stations, railroad locomotives, ships, boats and other
waterborne craft, portable fuel-burning equipment, incinerators of
•all types, indoor and outdoor, refuse dumps and piles, and all stack
and other chimney outlets from any of the foregoing.
AIR POLLUTION - Presence in the outdoor atmosphere of one or more air
contaminants in sufficient quantities and of such characteristics and
duration as to be injurious to human, plant or animal life or to prop-
erty, or which unreasonably interfere with the enjoyment of life and
property.
-------
ASME - The American Society of Mechanical Engineers.
ASTM - The American Society of Testing and Materials.
AUXILIARY FUEL'FIRING EQUIPMENT - Equipment to supply additional heat, by
the combustion of an auxiliary fuel, for the purpose of attaining tem-
peratures sufficiently high
(a) to dry and ignite the waste material,
(b) to maintain ignition thereof, and
(c) to promote complete combustion of combustible solids,
•vapors, and gases.
BACKYARD INCINERATION - The burning of material originating on the prem-
ises of single and multiple family residences.
BLAST FURNACE - The furnace and equipment used in the smelting process in
which primarily oxygen is removed from the ore and molten metal pro-
duced with gas as a by-product. The furnace and equipment consist ol,
but are not limited to, the furnace proper, charging equipment, stoves,
bleeders, gas dust catcher, gas-cleaning devices and other auxiliaries
pertinent to the process.
BOARD - The Air Pollution Control Board of the State of Indiana,
BASIC OXYGEN FURNACE (BOF) - A furnace in which the melting and refining
of iron are accomplished by the high velocity addition of large quanti-
ties of high purity oxygen to the atmosphere above the surface of the
metal bath. The metal is held in a til table vessel with a basic re-
fractory lining. Such a furnace includes furnace proper, oxygen lance,
scrap and flux charging units, iron transfer units, gas collecting and
cleaning equipment and stacks and any other auxiliaries pertinent to
the process.
BRITISH THERMAL UNIT - The quantity of heat required to raise one pound
of water from 59 degrees F. to 60 degrees F. (Abbreviated B.T.U., BTU
or Btu.)
BY-PRODUCT COKE PLANT - A plant used in connection with the distillation
process to produce coke in which the volatile matter is expelled,
collected, and recovered. Such plant consists of, but is not limited
to, coal and coke handling equipment, by-product chemical plant and
other equipment associated with and attendant to the coking chambers
or ovens making up a single battery operated and controlled as a single
unit.
•2-
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CARBONACEOUS FUEL - Any form of combustible matter - solid, liquid.,
vapor or gas, consisting primarily of carbon containing compounds in
either fixed or volatile form which are burned primarily for their
heat content.
CATALYTIC CRACKING UNIT - A unit composed of a reactor, regenerator and
fractionating tower which is used to convert certain petroleum fractions
into more valuable products by passing the material at elevated temper-
ature through a bed of catalyst in the reactor. Coke deposits pro-
duced on the catalyst during cracking are removed by burning off in
the regenerator.
COMBUSTION FOR INDIRECT HEATING - The combustion of fuel to produce
usable heat that is to be transferred through a heat-conducting
materials barrier or by a heat storage medium to a material to be
heated so that the material being heated is not contacted by, and adds
no substance to the products of combustion.
ELECTRIC FURNACE - A furnace in which the melting and refining of metals
are accomplished by means of electric energy.
ENGINEER - Any person meeting the requirements as set forth in Chapter 148
Acts of 1935, Indiana General Assembly, as amended, and who is regist-
ered under the Act as a Professional Engineer. He shall be the person
who designed or is responsible for the design of the equipment or air
pollution control devices and preparation of the plan documents.
EQUIPMENT - Fuel-burning, combustion or process devices or apparatus
including incinerators, fuel-burning equipment, refuse-burning equip-
ment used for the burning of fuel or other combustible material from
which the products of combustion are emitted. Also this shall include
apparatus which generates heat and may emit products of combustion;
and manufacturing chemical, metallurgical, pyro-processing, or mecha-
nical processes which may emit smoke, particulate matter or other air
contaminants. Processes are defined as equipment according to this
regulation.
EXCESS AIR - That air supplied in addition to the theoretical quantity
necessary for complete combustion of all fuel and/or combustible waste
material present.
EXISTING EQUIPMENT - Equipment under construction, installed or operated
on the effective date of the regulations. Any existing equipment
which subsequent to the effective date of these regulations is altered,
repaired pr rebuilt at a cost of 30% or more of its replacement value
shall be deemed new equipment. The cost of air pollution control
equipment and of its installation is not to be included as a cost of
altering, repairing or rebuilding existing equipment.
-3-
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FOUNDRY CUPOLA - A stack-type furnace used for melting of metals consisting
of, but not limited to, furnace proper tuyeres, fans or blowers, tap-
ping spout, charging equipment, gas-cleaning devices and other aux-
iliaries.
FOUNDRY OPEN HEARTH - An open hearth furnace as defined herein but used
in the foundry industry.
GARBAGE - Animal and vegetable matter such as that originating in houses,
kitchens, restaurants and hotels, produce markets, food service and
processing establishments, and greenhouses.
GAS-CLEANING DEVICE - Facility designed to remove air contaminants from
equipment exhaust gases.
HEATING AND REHEATING FURNACE - A furnace in which metal is heated to
permit shaping or forming, or to achieve specific physical properties.
HEATING VALUE - The heat released by combustion of one pound of waste
or fuel measured in BTU's on an as received basis.
INCINERATOR - Combustion apparatus designed for high temperature operation
in which solid, semi-solid, liquid, or gaseous combustible wastes
are ignited and burned efficiently and from which the solid residues
contain littls or no combustible material.
OPEN BURNING - Any burning of combustible materials wherein the products
of combustion are emitted directly into the open air without passing
through a stack or chimney.
OPEN HEARTH FURNACE - A furnace in which the melting and refining of metal
is accomplished by the application of heat to a saucer-type or shallow
hearth in an enclosed chamber. Such furnace consists of, but is not
limited to, the furnace proper, checkers, flues, and stack and may in-
clude a waste heat boiler, an oxygen lance, and other auxiliaries
pertinent to the process.
PARTICULATE MATTER - Any material, except water, that exists in a finely
divided form as a liquid or solid.
PERSON - Any individual, partnership, co-partnership, firm, company, cor-
poration, association, joint stock company, trust, estate, political
subdivision, or any other legal entity, or their legal representative,
agent, or assigns.
POLITICAL SUBDIVISION - Any municipality, city, incorporated town, village,
county, township, district or authority, or any portion or combination
of two or' more thereof.
-4-
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PROCESS - Any action, operation, or treatment and the equipment used in
connection therewith, and all methods or forms of manufacturing or
processing that may emit air contaminants.
PROCESS WEIGHT - The total weight of all materials introduced into any
source operation. Solid fuels charged will be considered as part of
the process but liquid and gaseous fuels and combustion air will not.
PROCESS WEIGHT RATE -
(a) For continuous or long-run, steady-state source operations, the
total process weight for the entire period of continuous oper-
ation or for a typical portion thereof, divided by the number
of hours of such period or portion thereof.
(b) For a cyclical or batch source operation, the total process
weight for a period that covers a complete operation or an
integral number of cycles, divided by the hours of actual
process operation during such a period.
When the nature of any process or operation or the design of any
equipment is such as to permit more than one interpretation of this
definition, the interpretation that results in the minimum value for
allowable emission shall apply.
REFUSE - Includes garbage, rubbish and trade wastes.
RINGELMANN CHART - The chart published and described in the U.S. Bureau
of Mines Information Circular 8333, and on which are illustrated
graduated shades of gray to black for use in estimating the light-
obscuring power of smoke.
RUBBISH - Solids not considered to be highly flammable or explosive such
as, but not limited to, rags, old clothing, leather, rubber, carpets,
wood, excelsior, plastics, paper, ashes, tree branches, yard trimmings,
furniture, tin cans, glass, crockery, masonry, and other similar
materials.
SALVAGE OPERATIONS - Any business, trade or industry engaged in whole or
part in salvaging or reclaiming any product or material, such as, but
not limited to, metals, chemicals, shipping containers, or drums,
SINTERING PLANT - The plant used in connection with the process of fusing
fine particles of metallic ores causing agglomeration of such particles
Such plant consists of, but is not limited to, sintering machines,
handling facilities, wind boxes, stack and other auxiliaries pertinent
to the process.
-------
SMOKE - Small gas-borne particles resulting from incomplete combustion,
consisting predominantly, but not exclusively, of carbon, ash and
other combustible material, that form a visible plume in the air.
SMOKE MONITOR - A device using a light source and a light detector which
can automatically measure and record the light-obscuring power of smoke
at a specific location in the flue or stack of a source. Measuring
and recording to be at intervals of not less than 15 seconds.
SOURCE OPERATION - The last operation preceding the emission of an air
contaminant, which operation:
(a) results in the separation of the air contaminant from the
process materials or in the conversion of the process
materials into air contaminants, and
(b) is not an air pollution abatement operation.
STACK OR CHIMNEY - A flue, conduit or opening permitting particulate, or
gaseous emission into the open air, or constructed or arranged for
such purpose.
.STANDARD CONDITIONS - A gas temperature of 70 degrees Fahrenheit and a
gas pressure of 14.7 pounds per square inch absolute (psia).
STANDARD CUBIC FOOT (SCF) - The standard cubic foot is a measure of the
volume of one cubic foot of gas at standard conditions.
STANDARD METROPOLITAN STATISTICAL AREA (SMSA) - The county which has at
least one city with a population of at least 50,000 and the contiguous
counties which contain the suburban areas for these cities.
TECHNICAL SECRETARY - The Technical Secretary of the Air Pollution Control
Board of the State of Indiana.
THEORETICAL AIR - The exact amount of air required to supply the required
oxygen for complete combustion of a given quantity of a specific fuel
or waste.
TRADE WASTE - All solid or liquid material or rubbish resulting from
construction, building operations, or the prosecution of any business,
trade or industry such as, but not limited to, plastic products, chemi-
cals, cinders and other forms of solid or liquid waste materials.
-6-
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(51.13) REGULATION APC 2
Open Burning
No person shall conduct a salvage operation by open burning except on
written approval of the Board. The Board must seek advice and guidance
of local authorities before issuing such approval.
No person shall burn any refuse in any open fire except as follows:
a. Camp fires and fires used solely for recreation purposes where
such fires are properly controlled by a responsible person,
b. Backyard incineration.
c. Burning of rubbish on a farm, derived from an agricultural
operation, when the prevailing winds, at the time of burning,
are away from populated areas and no nuisance is created.
d. Open burning, in remote areas, of highly explosive or other
dangerous materials for which there is no other known method of
disposal or for special purposes when approved by the Boardo
'The exceptions apply in all areas where they are not prohibited by local
ordinances or by other officials having jurisdiction such as local fire
officials.
(7.0) REGULAFIOU APC 2
(50,1.2)
Visible Emissions and Malfunctions
(2.0) Sec. 1. Limitation. No person shall operate any equipment so as to pro-
duce, cause, suffer, or allow smoke or other visible emissions
in excess of 40 percent opacity (Ringelmann No. 2) except as
allowed in Sec. 2 and Sec. 4. Opacity values shall not be con-
sidered valid, unless observed and determined by a qualified
person. Visible emissions shall exclude uncombined water.
(2.0) Sec.. 3. Violation of Other Regulations.
(a) Single Stacks. A violation of Sec. 1 of" this Regulation
shall constitute prima-facie evidence of a violation of
. any applicable particulate emission control regulation of
of the Board, but may be refuted by a stack emission test
conducted in accordance with the Board's Source Sampling
Policy, or other evidence acceptable to the Board. No
violation shall have occurred if it can be shown the em- '
missions are exempt under Section 2 of this Regulation or
due to a malfunction providing the requirements of Section
4 are adhered to.
-7-
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(b) Multiple Stacks. For facilities with multiple stacks,
each stack must comply separately with the opacity limita-
tions of Sec. 1, except as allowed in Sec. 2, even though
the multiple stacks, as a group, are in compliance with
the limitations of the Board's applicable particulate
emission control regulations.
(7.0) Sec. 4 Malfunctions.
(a) Malfunction. For the purpose of this regulation shall mean
any sudden, unforeseen, or unavoidable failure of air pol-
lution control equipment, or combustion or process equip-
ment to operate in a normal manner and in compliance with
all applicable regulations of the Board.
(b) Reporting. When a malfunction of any combustion or process
operation or air pollution control equipment lasts more than
one hour, the Technical Secretary shall be notified by
telephone, or telegraph, as soon as practicable, but in no
event later than four daytime business hours after the
beginning of said occurrence. Information of the scop?:
and expected duration of the malfunction shall be provided,
• A record shall be kept of all malfunctions, including
start ups, or other events which result in violations ol
Sec. 1 and Sec. 2, and such record shall be made avail-
able to the Board upon request.
(c) Maintenance. Source operators are responsible for operating
and maintaining all equipment and processes in compliance
with all applicable regulations of the Board. The Board
recognizes that malfunctions may occur for many and varied
reasons. Curtailment of operations shall be required,
' except as covered in Sec. 4(d), if the source is not in
compliance at least 90 percent of the operating time over
the most recent 12-month period. Where the record shows
repeated malfunctions exceeding 5 percent of the normal
operational time attributed to improper maintenance of
faulty equipment, the Board may require that the maintenance
program be improved or that the defective or faulty equip-
ment be replaced. To eliminate long term malfunction
periods resulting from delays in obtaining replacement
parts, an adequate stock of replacement parts shall be
maintained.
-8-
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(d) . Malfunction Emission Reduction Program. Malfunctions of
air pollution control equipment, and combustion and pro-
cesses equipment may result in increased emissions such
that the air quality standards may be violated or that
health hazards may occur. It is recognized that a variety
of steps, including complete shut down of the equipment
involved, can be taken to reduce the amount of emissions
to a reasonable value. Any source that has an emission
rate in excess of 2,000 pounds per hour of any pollutant
following a malfunction, or because of the health hazard
created by a lesser emission rate than that specified,
shall submit a malfunction emission reduction. Such a
malfunction emission reduction program shall be submitted
to the Board within 60 days after promulgation of this
regulation for its approval. Documentation shall include,
but not be limited to, the normal operating emission rate,
the malfunction emission rate, and the program proposed
to reduce emissions to a reasonable emission rate. The
program shall be based on the best practical estimates of
type and number of malfunctions experienced during the
past 12 months of normal operation, and the scope and
duration of such malfunctions.
*/
(10.0) Sec. 5. Federal New Source Performance Standards. In addition to the
requirements set forth herein, all new sources for which federal
standards have been promulgated shall comply with the applicable
portions of the Federal New Source Performance Standards 40 CFR
Part 60.
(51.5) REGULATION APC 4 . .
Combustion for Indirect Heating
Emission of particulate matter from the combustion of fuel for indirect
heating shall be limited by the ASME Standard No. APS-1, dated June 15,
1966, "Recommended Guide for the Control of Dust Emission-Ccmbustion for
Indirect Heat Exchangers." For purposes of this Regulation, the maximum
allowable emission shall be calculated using equation (15) in this Stan-
dard with a maximum downwind ground level dust concentration of 50 micro-
grams per cubic meter for a 30- to 60-minute time period. Figure 2 of
the Standard may be used to estimate allowable emissions. However, irre-
spective of stack height, the maximum allowable emission for any stack
shall be 0.6 pounds for new equipment and 0.8 pounds for existing equip-
ment of particulates per million BTU input.
(Note: APC-4 is disapproved for the Metropolitan Indianapolis Intra-
state Region.)
-9-
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(51.5) REGULATION APC 4-R
(Note: This regulation is disapproved for the maintenance of secondary
standards for particulate matter in the Metropolitan Indianapolis Region.)
Sec. 1. That in all areas of the State of Indiana except the Indiana
portion (Lake and Porter Counties) of the Metropolitan Chicago
Interstate Air Quality Control Region and in the Metropolitan
Indianapolis Intrastate Air Quality Control Region, the emission
of particulate matter from the combustion of fuel for indirect
heating shall be limited by the ASME Standard No. APS-!, second
edition, November, 1968, "Recommended Guide for the Control of
Dust Emission-Combustion for Indirect Heat Exchangers."
(a) The maximum allowable emission shall be calculated using
equation (15) in the ASME Standard with a maximum down-
wind ground level concentration of 50 micrograms per cubic
meter for a 30-minute to 60-minute time period. Figure 2
as modified may be used to estimate allowable emissions
and is included herewith.
Equation (15) is expressed as follows:
c' = 76 5 Pt 0 °'75n °'25
Lmax /b'b Ktfgm n
ahs
Cmax = maximum ground level concentration with respect to
distance from the point source at the "critical11 wind speed
for level terrain. This shall not exceed 50 micrograms
per cubic meter.
Ptf = pounds of particulate matter emitted per million Btu
heat input.
Qm = total plant operating capacity rating in million Btu
heat input per hour.
n = number of stacks in fuel burning operation.
a = plume rise factor. The value 0.67 shall be used for
fuel burning equipment ratings of less than 1,000 million
Btu heat input. No value greater than 0.8 for larger equip-
ment ratings shall be used.
hs = stack height in feet. If a number of stacks of dif-
ferent heights exist, the average stack height to represent.
"n" stacks shall be calculated by weighing each stack height
with its partir.ulate matter emission rate.
-10-
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(b) Particulate matter (Ptf) from all existing fuel combustion
operations for indirect heating shall in no case be greater
than 0.8 pounds per million Btu heat input.
(c) Particulate matter (Ptf) for all new combustion operations
for indirect heat installations 250 million Btu heat input
per hour or less shall in no case be greater than 0.6
pounds per million Btu heat input.
Sec. 2. In the Indiana portion (Lake and Porter Counties) of the Metro-
politan Chicago Interstate Air Quality Control Region and in the
Metropolitan Indianapolis Intrastate Air Quality Control Region,
the:emission of particulate matter from the combustion of fuel
for indirect heating shall be limited to that expressed by:
Ptf = 0.87 Qm -0-16 where
Ptf and Qm are defined in Section 1. For values of Qm less than
10, Ptf shall not exceed 0.2. Figure 1 may be used to estimate
allowable emissions and is included herewith.
/
., Sec. 3. This sectipn has 'application in all areas of the State. Emis-
sions of particulate matter from the combustion of fuel in new
stationary installations for indirect heating in excess of 250
million Btu per hour heat input shall be limited to a maximum of
0.10 pounds per million Btu heat input as required and specified
in the Federal Environmental Protection Agency's "Standards for
Performance of New Stationary Sources," Federal Register.
December 23, 1971, Volume 36, Number 247, Part II. This Federal
Standard is adopted by reference as a part of this Regulation
APC 4-R.
Sec. 4. Regulation APC 4, promulgated December 6, 1968, is hereby repealed.
t
(50.1.1) REGULATION APC 5
Process Operations
No person shall operate any process so as to produce, cause, suffer or
allow particulate matter to be emitted in excess of the amount shown in
the following table. Exceptions are combustion for indirect heating, in-
cinerators, open burning, existing cement kilns, existing catalytic
cracking units, and existing foundries.
-------
Allowable Rate of Emission Based
on Process Weight Rate!
Process
Weight
Rate
Lbs/Hr Tons/Hr
100
200
400
600
800
1,000
1 ,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
6.00
Rate of
Emission
Lbs/Hr
0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
10.40
11.20
12.00
13.60
Process
Weight
Rate
Lbs/Hr
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000
Tons/Hr
8.00
9.00
10.00
15.00
20,00
25.00
30.00
35.00
40.00
45.00
50.00
60.00
70.00
80.00
100.00
500.00
1,000.00
3,000.00
Rate of
Emission
Lbs/Hr
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41,3
42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7
-12-
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C3
O
O
_l
5!
fd
100 1000
Q,,, INPUT-MILLION BTU/HR.
PARTICULATE EMISSION LIMITS
FIGURE 1
-------
I
1.5
CO:»:SJSTIO?\! r'J.-i IND.RECT HtiAT tXCHAKGERS
APPROXIMATE STEAM GErJERATION, THOUSANDS OF POUNDS PER HOUR
5 10 50 100- 500 I.COO
5.COO 10.000
i i • i it.S
!«crr.pl- Sections lo' o S^;«» 9c{uloiic.- CfJinonce (ASME 1949)
( O.S5 Ib. dust per iOCO Ib. ol ccc«s') \
i i \
I
~™. • o I ~
i 5L
imum Recora.T.crtdei Emission Irrespective of Stock Height'
( See t««t, 2AI tor pcs;ib!e reed tor IOYicr"cop" )
MAXIMUM GROJN'D LEVEL OUST CONCENTRATION
— 100 microgra.ris/cu. m. for 3- 15 min.
= SO.microgrcns / cu. rn. for SO win.- I hr.
S 17 nicro?rorns / cu. m. for 24 hrs.
I I
.2 [ 1
BASIS
I. Substcniictly flat terrcin.
Z. 8% ot heot input up sicck os sensible heat.
3. Stack heigh! is physical siicX height.
y!liple clo
i.o
.9
.3
.7
.6
.5
.4
.3
.2
5 !O 50 100 • 500 I.OCO 5,000 IO.OOO
-TOTAL EQUIPMENT CAPACITY RATING, N'.ILLICN BTU PER HOUR INPUT
i
o
g
n
p
o
t~
c
•r,
C
FIGURE 2
-------
^Interpolation of the data in this table for process weight rates up
to 60,000 Ibs/hr shall be accomplished by use of the equation E = 4.10
P 0.67, and interpolation and extrapolation of the data for process
weight rates in excess of 60,000 Ibs/hr shall be accomplished by use
of the equation E = 55.0 pO.11-40, where E = rate of emission in Ibs/hr
and P = process weight in tons/hr.
When the process weight exceeds 200 tons/hour, the maximum allowable
emission may exceed that shown in the table, provided the concentration of
particula.te matter in the discharge gases to the atmosphere is less than
0.10 pounds per 1,000 pounds of gases at standard conditions.
Existing cement manufacturing operations equipped with electrostatic pre-
cipitators, bag filters, or equivalent gas-cleaning devices shall be
allowed to discharge concentrations of particulate matter in accordance
with E = 8.6 pO.67 below 30 tons per hour of process weight and E = 15.0
pO.5 over 30 tons per hour of process weight.
Existing petroleum catalytic cracking units equipped with cyclone sepa-
rators, electrostatic precipitators, or other gas-cleaning systems shall
recover 99.97% or more of the circulating catalyst or total gas-borna
particulate.
(51 .'4) REGULATION APC 6
Existing Foundries
No person shall operate any existing foundry so as to produce, cause,
suffer, or allow particulate matter to be emitted in excess of the amount
shown in the following table. All new foundries shall not exceed the
requirements of Regulation APC 5.
Allowable Emissions from Foundry Cupolas
(Existing Emission Sources)
Allowable Emission
Process Weight Rate of Particulate Matter
Lbs/Hr Lbs/Hr
1,000 3.05
2,000 4.70
3,000 6.35
4,000 8.00
5,000 9.65
6,000 11.30
-15-
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Process Weight Rate
Lbs/Hr
7,000
8,000
9,000
10,000
12,000
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
Allowable Emission
of Participate Matter
Lbs/Hr
12.90
14.00
15.50
16.65
18.70
21.60
22.80
24.00
30.00
36.00
42.00
48.00
49.00
50.50
51.60
52.60
(51.9) REGULATION APC 7
Incinerators
No person shall cause or permit the emission of participate matter from
the stack or chimney of any incinerator in excess of the following:
a. Incinerators with a maximum refuse-burning capacity of 1,000 or
more pounds per hour, 0.4 pounds of particulate matter per 1,000
pounds of dry exhaust gas at standard conditions corrected to
50% ,excess air.
-16-
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b. All 'other incinerators, 0.7 pounds of parti cul ate matter per
1,000 pounds of dry gas at standard conditions corrected to
50% of excess air.
c. No incinerator shall emit or produce smoke in excess of the
requirements in Regulation ARC 3.
All new incinerators shall be multiple chamber or equivalent incinerators.
(8.0) REGULATION APC 12-R
Air Pollution Episode Alert Levels and Actions for the State of Indiana
Air pollution episode levels are based on levels of air contaminant con-
centrations in the atmosphere. The levels are established on the basis
of the following minimum conditions and, as these figures are reached and
verified, the appropriate episode level shall be activated by the Techni-
cal Secretary of the Air Pollution Control Board:
1. Air Pollution Forecast - Meteorological advisory bulletin that
weather conditions conducive to the accumulation of atmospheric
pollutants will persist for at least 36 hours.
2. Air Pollution Alert - That concentration of contaminants at
which first stage control actions must begin. When meteorolo-
gical conditions are such that this condition can be expected to
continue for 12 or more hours, an alert will be declared 1f any
one of the following levels is reached:
- 0.3 ppm, 24-hour average
Particulate - 3.0 COHs, 24-hour average, or S02 and parti-
cul ate combined - product of S02 ppm, 24-hour average
and COHs equal to 0.2, or the highest product in any
24-hour period of $03 in ppm and parti cul ate in ug/m3
equals 25.
CO - 15 ppm, 8-hour average
Ox - 0.1 ppm, 1-hour average
M02 - 0.6 ppm, 1-hour average, 0.15 ppm, 24-hour average
Air Pollution Warning - That concentration of contaminants which
indicates air quality is continuing to degrade and second stage
control actions must begin. When meteorological conditions are
such that this condition can be expected to continue for 12 hours
or more, a warning will be declared if any one of the following
levels is reached:
-17-
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S02 - 0.6 ppm, 24-hour average
Particulate - 6.0 COHs, 24-hour average
Combined S02 and COHs, 24-hour average, S02 and COHs
equal to 1.0, or the highest product in any 24-hour
period of S02 ppm and particulate in ug/m3 equal 125.
CO ~ 30 ppm, 8-hour average
Ox - 0.4 ppm, 1-hour average
N02 - 1.2 ppm, 1-hour average* 0.3 ppm, 24-hour average
4. Air Pollution Emergency - The emergency level is reached when
the warning level for a pollutant has been exceeded and (1) the
concentrations of the pollutant are continuing to increase, or
(2) the Technical Secretary determines that, because of meteoro-
logical or other factors, the concentrations will continue to
increase.
5. Termination - Once declared, any status reached by application
of these criteria will remain in effect until the criteria for
that level are no longer met. At such time the next lower status
will be assumed.
(50.2) REGULATION ARC 13
A REGULATION setting standards for sulfur dioxide emissions from the
operation of all stationary sources, pursuant to the authority found in
1C 1971, 13-1-1 and 1C 1971, 13-7 and amending in its entirety Regulation
ARC 13, promulgated on September 14, 1972.
Sec. 1. Scope
Sulfur dioxide emissions from all stationary sources in the
State of Indiana exceeding 10 pounds per hour shall comply with
the rules set forth below. This regulation, however., shall not
apply to resident dwellings or apartment buildings containing
four or fewer units.
(a) New Large Sources: The maximum allowable sulfur
dioxide emissions for new equipment of more than 250
million BT'J per hour heat input shall be that value
expressed in the Federal New Source Performance Stand-
ards 40 CFR Part 60. These sources shall, also, com-
ply with Section 3 of this regulation.
-18-
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(b) New Small Sources and All Existing Sources: The maxi-
mum allowable sulfur dioxide emissions from new equipment
with a BTU input of 250 million BTU per hour heat input
or less, shall be limited to the smaller value, as
determined by Section 2 or 3 of this regulation. In
priority A and B air quality basins only, sulfur dioxide
emissions from existing equipment, regardless of capacity,
shall be limited to the smaller value, as determined by
Section 2 or 3 of this regulation; however, compliance
with Section 2 or 3 for said existing sources in prior-
ity B air quality basins shall not be required when:
(1) an exemption is requested for a specific
boiler, and
(2) the boiler is used no more than 500 equi-
valent full load hours per year, and
(3) there is no practicable control method
available, and
. (4) there will be no violation of any ambient
air quality standards, and
(5) said exemption is set forth in a valid
operation permit under the provisions of
Regulation APC 19.
(c) Basic Stack Construction Provisions: All new exhaust
gas stacks or chimneys emitting sulfur dioxide shall be
no less than 50 feet in height. Further, all such new
stacks shall be at least 2h times the height of the
tallest existing building or obstruction, located with-
in 500 feet of the stack, that has a major effect on
air movements. However, this height requirement may
be reduced and incorporated into the terms of a con-
struction or operation permit as required in Regulation
APC 19 when:
(1) application is duly made by the source, and
(2) there is a submission of adequate proof that:
(1) there is no major effect on air movement;
or (ii) there is no violation of the ground
level concentrations (Sec. 3); or (iii) there
are other reasons acceptable to the Board.
No source shall emit sulfur dioxide which may create or
contribute to ambient levels of sulfur dioxide at the
ground level in excess of the air quality standards as
set forth in Regulation APC 14 at or oeyond its property
line.
-19-
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Sec. 2. Maximum Total Sulfur Dioxide Emissions
t
(a) Emissions from fuel combustion operations, including direct-
fired process operations, shall be limited to that expressed
by the formulas:
Em - 17.0 Qm"°-33 or Ep = 17.0 Qm 0-67 where Ep « Em x Qm
(See Section 3 for definition of terms.)
The value of Em shall not exceed 6.0 Ibs. of sulfur dioxide
nor shall it be required that Em be reduced below 1.2 Ibs.
of sulfur dioxide per million BTU of heat input. When the
heat input value is for material other than Indiana coal,
. Qm shall be modified by the ratio of the dry stoichiometric
effluent gas volume in cu. ft. per million BTU heat input of
the material to be burned and the corresponding dry stoichio-
metric effluent gas volume for that of average Indiana coal
(9850 cu. ft./million BTU of heat input at standard condi-
tions). For the purpose of this section, direct-fired pro-
cess operations shall be defined as that operation which
uses oxygen in the air to combine with sulfur to form a
marketable product.
(b) Emissions from existing sulfur recovery plants and emissions
from all operations not subject to Section 2(a) shall be
limited to that expressed by the formula:
Ep = 19.5P0.67
The attached two figures depict these formulas and may be
used to estimate allowable emissions,
Sec. 3. Allowable Ground Level Concentration
(a) Maximum hourly ground level concentrations (Cmax) °f sulfur
dioxide contributed by any source shall not exceed 200
micrograms per cubic meter in a priority A basin, or 500
micrograms per cubic meter in a priority B basin.
(b) Maximum hourly ground level concentrations (Cmax) of sulfur
dioxide contributed by a new source shall not exceed 900
micrograms per cubic meter in a priority C basin.
(c) Ground level hourly concentrations for (a) and (b) above
shall be determined by:
-20-
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(1) The formulas:
r onc.r n 0.75,, 0.25 for fuel combustion
max " 90Sf Qm " operations including
h direct fired process
s operations.
cmax = 4osp p°'75n °'25 for process opera-
tions subject to
a hs Section 2(b) of this
regulation
(2) Other formulas or methods considered acceptable
to the Board.
(d) Factors in the formulas, for Sections 2 and 3, are defined
as follows:
Cmax = maximum hourly ground level concentration with respect
to distance and at the "critical wind speed for level
terrain" resulting from the point source. This value
shall not exceed those numbers specified in (a) and
(b) above. However, lower values may be specified
by the Board where terrain and other conditions dic-
tate .
Sf = pounds of sulfur dioxide emitted per million BTU of
heat input value of the fuel.
Sp = pounds of sulfur dioxide emitted per ton of process
weight input.
Em = maximum allowable sulfur dioxide emissions in pounds
per million BTU fuel heat input.
Ep = maximum allowable sulfur dioxide emissions in pounds
per hour.
Qm = total combustion equipment capacity rating, fuel heat
input in millions of BTU per hour.
P = total process equipment capacity weight input, tons
per hour.
n = number of stacks or chimneys in fuel burning or process
operati ons.
i
a = plume rise factor of 0.7.
-21-
-------
hs = stack height in feet. If a number of stacks with
varying heights for different equipment capacity
ratings exist,, an average stack height to represent
"n" stacks shall be calculated by taking the sum of
the height of each stack multiplied by its hourly
sulfur dioxide emission rate and dividing the sum by
1 ' the total plant hourly sulfur dioxide emission rate.
If the emission rate per million BTU of heat input
for all stacks is the same, other means acceptable to
the Board for ascertaining "hs" may be used.
Sec. 4. Applicability
The following shall apply to all existing sources:
(a) All sources of sulfur dioxide emissions in priority A
air quality basins shall comply with Section?. 1, 2,
and 3 of this regulation. In the event a source is
not in compliance with this regulation, the schedule
specified by Section 5(a) shall be followed.
(b) All fuel combustion sources, including direct-fired
process operations, of sulfur dioxide emissions, in
priority B air quality basins, shall comply with
Sections 1,2, and 3 of this regulation by May 31, 1975.
In.the event a source is not in compliance with this
regulation, the schedule specified by Section 5(a)
shall be followed. A source may elect to delay com-
pliance until May 31, 1978, provided it installs
interim controls to maintain air quality standards
for sulfur dioxide, as set forth in APC 14, by July 1,
1975, as follows: (i) install and operate such
numbers of properly located continuous air quality and
meteorological monitors as the Board may require;
(ii) provide the Board with reports on all collected
ambient air quality and meteorological data on a
monthly basis; and (iii) provide protection during
adverse meteorological conditions through the use of
low sulfur fuel (that fuel required to comply with
Sections 1, 2, and 3 of this regulation) for two weeks
or more, reducing fuel usage, or other means acceptable
to the Board; however, those sources less than 500
million BTU need not comply with (i) and (ii) above.
All sources using interim controls must comply with
Sections 1, 2, and 3 no later than May 31, 1978, in
accordance with the schedules specified in Section 5 (b)
of this regulation.
-22-
-------
(c) All fuel combustion sources, including direct-fired
process operations, of sulfur dioxide emissions in a
priority C air quality basin, must maintain a supply
of low sulfur fuel (that which is required to comply
with Section 2 of this regulation) sufficient to
operate the plant for two weeks or more as required
by the Board during adverse meteorological conditions.
This low sulfur fuel supply shall be available by
July 1, 1975. In addition, a fuel combustion source
of 500 million BTU or greater in a priority C air
basin shall (!) install and operate such number of
properly located continuous air quality and meteoro-
logical monitors as the Board may require; and (2)
provide the Board with reports on all collected
ambient air quality and meteorological data on a
monthly basis.
Sec. 5. Compliance Schedules
(a) All sources of sulfur dioxide emissions located in a prior-
ity A air quality basin and not in compliance with Sections
1,2, and 3 of this regulation and all sources in priority
B or C air quality basins that elect to achieve compliance
by May 31, 1975, shall adhere to the following schedule:
(1) Submit a letter of intent no later than three
months after this regulation is promulgated,
which includes a schedule of dates for such items
as submittal of plans, start of construction, com-
pletion of construction, for achieving compliance
with Sections 1,2, and 3, whichever is applicable.
If compliance is to be accomplished by facility
shut down, it shall be so specified.
(2) Achieve compliance by May 31, 1975.
(3) Submit performance results by July 31, 1975.
(b) All sources of sulfur dioxide emissions located in a priority,
B air quality basin and not in compliance with Sections 1,
2, and 3 of this regulation and electing to comply with the
interim provisions of Section 4 shall adhere to the following
schedule to achieve compliance:
-------
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(Includes Direct Fired Process Operations)
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(Non-Combustion Processes)
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-------
; - . (1) Submit a letter of intent no later than three
months after this regulation is promulgated, which
includes a schedule of dates for such items as
submittal of plans, start of construction, and
completion of construction, for achieving compliance
with Sections 1, 2, and 3 of this regulation. If
compliance is to be accomplished by facility shut
down, it shall be so specified. This schedule,
when approved by the Board, shall constitute a
legally binding commitment on the company sub-
mitting it.
(2) Achieve compliance by May 31, 1978.
(3) Submit performance results by July 31, 1978,
(50.2) REGULATION APC 13
Maximum Allowable Sulfur Dioxide Emissions
Sulfur dioxide emissions from all stationary sources exceeding 10 pounds
per hour without controls shall be controlled to meet rules set forth
•/below to attain the desired air quality standards and to maintain air
quality consistent with the law where it is better than the standards,
The sulfur dioxide emissions for new equipment of more than 250 million
8tu per hour heat input shall comply with the Federal Emission Standards.
The sulfur dioxide emission from new equipment with a Btu input of 250
million Btu per hour or less and from existing equipment shall be limited
to the smaller value as determined by Sections 2 and 3 below, except as
provided in Section 4.
Sec. 1. All new exhaust gas stacks or chimneys emitting sulfur dioxide
shall be the taller of 50 feet in height or 2^ times the height
of the tallest existing building within 500 feet of the stack,
provided such height shall not be in violation of other govern-
mental regulations. The Board shall apply this rule in the case
of existing stacks when there is a problem of fumigation which
adversely affects health or property due to downwash from the
s'tack.
Sec.2. Hourly ground level concentrations of sulfur dioxide emitted
from such stacks or chimneys shall not exceed 200 micrograms
per cubic meter by the formula:
C - An <; P°'75 n°'25
max " ___E for process operations and
a hs
•26-
-------
Cmax -= 90 sf Qm n for fuel combustion operations.
a hs
Factors in these formulas are defined as follows:
(a) ^max = maximum ground level concentration with
respect to distance and at the ''critical"
wind speed for level terrain, in micro-
grams per cubic meter, resulting from the
point source. This value shall not exceed
200. Lower values may be selected where
terrain and other conditions dictate.
(b) Sf = pounds of sulfur dioxide emitted per million
Btu of heat input value of the fuel.
(c) 3p = pounds of sulfur dioxide emitted per ton of
process weight input.
(d) Qm = total equipment capacity rating, fuel heat
input in millions of Btu per hour.
(e) p = total equipment capacity process weight in-
put4 tons per hour.
(f) n = number of stacks or chimneys in fuel burning
or process operations.
(g) a = plume rise factor. The value 0.67 shall be
used for all process equipment ratings and
fuel-burning equipment capacity ratings of
less than 1,000 million Btu heat input. No
, value greater than 0.8 for larger fuel-burning
equipment capacities shall be used.
(h) hs = stack height in feet. If a number of stacks
1 with varying heights for different equipment
capacity ratings exist, an average stack
height to represent "n" stacks shall be cal-
culated by dividing the sum of the height of
each stack multiplied by its equipment capa-
city rating by the total plant capacity rating,
-27-
-------
• t
Sec. 3. Maximum total sulfur dioxide emissions from (1) fuel-burning
operations shall be limited to that expressed by the formula
Em = 17iO Qnf0' > where Em equals maximum allowable sulfur
dioxide in the stack gases in pounds per million Btu of heat
input value of the fuel. Stack emissions shall not exceed 6.0
pounds of sulfur dioxide per million Btu input. Low-sulfur fuel
may.be used in lieu of control equipment, or the simultaneous use
of different fuels for averaging emissions may be used to comply
with this equation; and (2) process operations shall be limited
to that expressed by the formula: Ep = 19.5 pO-67, where Ep =
maximum allowable emissions in pounds per hour, and P = total
equipment capacity, process weight, tons per hour.
Sec, 4. Existing sources of sulfur dioxide emissions in air quality con-
trol regions designated as Priority I and II and existing sources
with a heat input of more than 250 million Btu/hr in Priority IA
Regions shall comply with Sections 2 and 3 of this regulation.
An "Air Quality Control Region" is defined in the November 25.
1971, Federal Register, 36 CFR 22421 through 22448, (Part Cl),
and Priority I, IA, and II Regions are classified in the Mey ni
1972, Federal Register, 37 CFR 10863 through 10865 (Subpart P), .
The control that will be required for fuel-burning equipment shall
not exceed that needed to reduce emissions to 1.2 pounds of sulfur
dioxide per million Btu of heat input per hour. When the control
of sulfur dioxide emissions at the time of design exceeds the ,
state of the art for compliance, then the best available treat-
ment at the time shall be applied to secure maximum reduction of
the emissions.
Sec. 5. Where air quality values in an area still exceed those expressed
in Regulation APC 14, the Board shall require more stringent
controls in these areas than those covered by this regulation.
Sec. 6. Fuel-burning equipment and incinerators used singly or jointly by
occupants of residential dwellings containing four or fewer apart-
ments shall be exempt from these rules and limits.
Sec. 7. All new emission sources or new air pollution control equipment
shall comply with this Regulation. Existing emission sources
shall adhere to the following schedule:
(a) In the following Indiana Counties: Boone, Hamilton,
Hancock, Hendricks, Johnson, Lake, Marion, Morgan,
Porter and Shelby, sources that elect to reduce emis-
sions of sulfur dioxide by shifting fuels shall:
•28-
-------
Submit letter of intent by - January U 1973
Start construction by - May 1, 1973
Complete construction and start up by - July 1, T973
Submit performance results by - October 1, 1973
(b) Sources in all other Indiana Counties that elect to
reduce emissions of sulfur dioxide by shifting fuels
shall:
Submit letter of intent by - April 1, 1973
Start construction by - September 1, 1973
Complete construction and start up by - January 1, 1974
Submit performance results by - April 1, 1974
c) All Indiana sources that elect to comply by installing
control equipment shall:
Submit plans and specifications by - July 1, 1973
Start construction by - January.1> 1974
Complete construction and start up by - January I., 1975
Submit performance results by - April 1, 1975
(4.0) REGULATION APC 14
Ambient Air Quality Concentrations for Sulfur Dioxide; Particulate Matter;
Carbon Monoxide: Photochemical Oxidants; Hydrocarbons; and Nitrogen
Dioxide for the State of Indiana
A. Air quality standards represent air quality goals established for the
purpose of protecting public health and welfare. This provides a basis
for State, local and regional planning for the abatement and control
of .pollutant emissions from existing sources and for preventive mea-
sures to insure that urban and economic growth trends do not add to
community air pollution problems.
Primary standards are set to protect the public health. Secondary
standards protect against effects on soil, water, vegetation, materials,
animals, weather, visibility, and personal comfort and well-being.
B. It is the intent of the Board to maintain present air quality, con-
sistent with the provisions of the Indiana Air Pollution Control Law,
in any portion of the State where quality of the ambient air is better
than the standards.
C. Accurate representation of pollution levels will be determined by sam-
pling stations at fixed locations in areas beyond the premises on which
a source is located. A station will be placed in a location which is .
representative of the area. The standards are applicable at each sam-
pling station in the State.
-29-
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The following ambient air quality standards are applicable in the State
of Indiana:
(4.2) 1. Sulfur Dioxide (SO?)
Primary Standards - The maximum allowable limits for the pro-
tection of public health:
(a) 80 ug/m (0.03 ppm) maximum annual arithmetic mean
(24-hour samples)
(b) 365 ug/m (0.14 ppm) maximum 24-hour concentration not
to be exceeded more than one day per year.
Secondary Standards - The maximum allowable limits for the pro-
tection of vegetation and materials:
3
(a) 60 ug/m (0.02 ppm) maximum annual arithmetic mean
(24-hour samples)
o
(b) 260 ug/m (0.10 ppm) maximum 24-hour concentration not
to be exceeded more than one day per year
o
(c) 1,100 ug/m (0.42 ppm) maximum 1-hour concentration
not to be exceeded more than once per year.
Sulfur dioxide values may be converted to ppm using
factor 2,620 ug/m3 = 1,0 ppm at 25 C. and 760 millir
the conversion
I imeters of
mercury.
(4.1) 2. Suspended Particulate
Primary Standards - the following average concentrations shall
represent the maximum allowable limits for the protection of
public health:
' 3
(a) 75 ug/m maximum annual geometric mean
(b) 260 ug/m maximum 24-hour concentration not to be
1 exceeded more than once per year.
Secondary Standards - The following average concentrations shall
represent the maximum allowable limits to protect against effects
on soil, water, vegetation, materials, animals, visibility, and
personal comfort and well-being:
(a) 60 ug/m maximum annual geometric mean
/ (b) 150 ug/m maximum 24-hour concentration not to be
exceeded more than once per year.
-30-
-------
(4.5) 3. Carbon Monoxide (CO)
Primary and Secondary Standards - The following average concen-
trations shall represent the maximum allowable limits for safe
human activities in terms of CO concentrations:
(a) 10 mg/m (9 ppm) maximum 8-hour concentration not to
be exceeded more than once per year
•3
(b) 40 mg/m (35 ppm) maximum 1-hour concentration not to
be exceeded more than once per year.
Carbon Monoxide values may be converted to ppm using the conver-
sion factor 1 mg/m3 = 0.873 ppm at 25 C. and 760 millimeters of
mercury.
(4.6) 4. Photochemical Oxidants
Primary and Secondary Standards - The following average concen-
trations shall represent the maximum allowable limit of photo-
chemical oxidants for safe human activities and for the pro-
tection of vegetation in terms of ozone concentrations'.
160 ug/m (0.08 ppm) maximum 1-hour concentration not to be
exceeded more than once per year
Ozone values may be converted to ppm using the conversion factor
1,965 ug/m3 = 1.0 ppm at 25 C. and 760 millimeters of mercury.
(4.4) 5= Hydrocarbons
Primary and Secondary Standards - The following average concen-
tration shall represent the maximum allowable limit of total non-
methane hydrocarbons measured as methane to control the formation
of toxic photochemical oxidants:
2
160 ug/m (0.24 ppm) maximum 3-hour concentration (6 a.m. to 9 a.m.)
not to be exceeded more than once per year
Methane values may be converted to ppm using the conversion factor
654 ug/m3 = 1.0 ppm at 25 C. and 760 millimeters of mercury.
(4.3) 6. Nitrogen Dioxide (Ni>2)
Primary and Secondary Standards - the following average concen-
tration shall represent the maximum allowable limit for safe human
activities in terms of NC'2 concentrations:
•31-
-------
3
100 ug/m (0.05 ppm) maximum annual arithmetic mean
Nitrogen Dioxide values may be converted to ppm using the con-
version factor 1,880 ug/m3 = 1.0 ppm at 25 C. and 760 milli-
meters of mercury.
(50.4) REGULATION ARC 15
(51.16)
Maximum Allowable Hydrocarbon Emissions
Sec. 1. (Definitions) The following terms, as used in this regulation
unless otherwise provided, shall have the following meanings:
(a) The term "Submerged Fill Pipe" shall mean 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
of which is entirely submerged when the liquid level
is 18 inches or is twice the diameter of t'ne fill
pipe, whichever is greater, above the bottom of the
tank.
(b) The term "Volatile Organic Materials" shall mean any
material containing carbon and hydrogen or containing
carbon and hydrogen in combination with any other
element which has a vapor pressure of 2.5 pounds per
square inch absolute or greater under actual conditions.
Sec. 2. These regulations are applicable to all existing stationary
sources located within an air quality control region designated
as a Priority I Region and to all new stationary sources regard-
less of location. An "Air Quality Control Region" is defined
in the November 25, 1971, Federal Register, 36 CFR 22421 through
22448 (Part 81), and a "Priority I Region" is classified in the
May 31, 1972, Federal Register, 37 CFR 10863 through 10865 (Sub-
part P). Hydrocarbon emissions from all stationary sources shall
be controlled to meet rules set forth herein to attain the desired
air quality standards and to maintain air quality consistent with
the law where it is better than the standards, and existing sources
shall adhere to the following compliance schedule:
i t
Submit plans and specifications by - April 1, 1973
Start construction by - January 1, 1974
Complete construction and start up by - January 1, 1975
Submit performance results by - April 1, 1975
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Sec. 3. Storage Of Volatile Organic Materials
(a) No person shall place, store, or hold in any stationary
tank, reservoir or other container of more than 40,000
gallons capacity any volatile organic material 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:
(1) A floating roof, consisting of a pontoon-type,
double deck-type or internal floating cover, rest-
ing on the surface of the liquid contents and
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 material has a vapor pressure
of 12.0 pounds per square inch absoute or greater
under actual storage conditions.
(2) A vapor recovery system, consisting of a vapor
gathering system capable of collecting the vapors
and gases discharged and a vapor disposal system
capable of processing such vapors and gases so as
to prevent their emission to the atmosphere.
(3) Other equipment or means for purposes of vapor
less control as may be approved by the Board.
(b) No person shall place, store or hold in any stationary stor-
age vessel of more than 250 gallons capacity any volatile
. organic compound unless such vessel is equipped with a sub-
merged fill pipe during loading operations, or is a pressure
tank, or is equipped with a vapor recovery system as described
in Sec. 3 (a). . ,
Sec. 4. Volatile Organic Materials Loading Facilities
(a)1 No person shall load any volatile organic materials into any
tank, tank car, truck, trailer, or barge from any loading
facility unless such loading facility is equipped with a
vapor collection and disposal system or its equivalent, prop-
erly installed, in good working order and in operation.
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(b) When loading of volatile organic materials into any tank,
tank car, truck, trailer, or barge through a loading arm
equipped with a vapor collecting adaptor, a pneumatic, hy-
draulic or other mechanical means shall be provided to
force a vapor-tight seal between the adaptor and the hatch.
A means shall be provided to prevent liquid organic material
drainage from the loading device when it is removed from the
hatch of any tank, tank car, truck, trailer, or barge or to
accomplish complete drainage before such removal.
(c) When loading of volatile organic materials is effected
through means other than hatches, all loading and vapor lines
shall be equipped with fittings which make vapor-tight con-
nections and which close automatically when disconnected,
(d) This rule shall not apply to the loading of volatile organic
materials into tank, tank car, truck, trailer, or barge from
any loading facility which handles less than 40,000 gallons
of volatile organic material in any one day.
Sec. 5. Volatile Organic Liquid - Water Separators
(a) No person shall use any compartment of any single or multiple
compartment volatile organic liquid - water separator which
compartment normally receives effluent water containing 200
gallons per day or more of any volatile organic liquid from
any equipment processing, refining, treating, storing, or
handling volatile organic liquids unless such compartment is
equipped with one of the following vapor loss control devices,
properly installed., in good working order and in operation:
(1) A solid cover.
(2) A floating roof or cover resting on the surface of
the liquid contents.
t
(3) A vapor recovery system of suitable design.
(4) Other equipment or means to control evaporation
losses as may be approved by the Board.
(b) This rule shall not apply to any volatile organic material -
water separator used exclusively in conjunction with the
production of crude oil.
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Sec. 6. Waste Gas Emissions
(a) Petroleum Refinery Emissions - No person shall cause or
allow the discharge of hydrocarbons from any catalyst
regeneration of a petroleum cracking system or from any
petroleum fluid coker into the atmosphere unless the waste
gas stream is burned in a direct-flame afterburner or boiler
or is controlled by other means approved by the Board.
(b) Ethylene Manufacturing Emissions - No person shall emit a
waste gas stream from any ethylene producing plant into the
atmosphere unless the waste gas stream is properly burned in
a direct-flame afterburner or is controlled by other means
as may be approved by the Board.
(c) Vapor Slowdown - No person shall emit hydrocarbon gases to
the atmosphere from any vapor blowdown stream, except pres-
sure relief valves which are required for safety reasons,
unless these gases are burned in flares of smokeless design
or are controlled by other means as may be approved by the
Board.
'Sec. 7. Volatile Waste Organic Liquids
(a) No person shall dispose of any liquid or semi-liquid vola-
tile waste organic material or sludge within the State of
Indiana by any means other than as follows:
(1) Refining by acceptable means, within the scope of
this regulation or other regulations that are
applicable, to produce an acceptable produce for
reuse..
(2) Consuming in heat generation equipment, so that
its heat value can be utilized, and compliance
with this regulation or other applicable regu-
lations are met.
(3) Incineration by acceptable means if (1) and (2)
above are not economically feasible. Compliance
with this regulation or other regulations shall
be accomplished.
(4) Other means for disposal, acceptable to the Board,
but in no case discarding in a landfill, refuse
> dump or the equivalent.
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Sec. 8. Emissions Of Organic Solvents
(a) No person shall emit or cause the emission of more than 3
pounds of organic materials in any one hour or 15 pounds of
organic materials in any one day (24 hours) front any article,
machine, or equipment unless all organic materials emitted
' from such article, machine, or equipment are reduced by at
leas^t 85 percent from emissions before the application of
any"control equipment or process.
(1) The aggregate emissions of organic materials into
the atmosphere from any series of articles, ma-
chines, or equipment designed for processing a
continuously moving sheet, web, strip, or wire
by a combination of operations shall comply with
the requirements of this section,
(2) Emissions of organic materials into the atmosphere
which result from the cleaning of any article,
machine or equipment with organic solvents shall
be included with the other emissions or organic
materials from such article, machine or equipment
in determining compliance with this section.
(3) Emissions of organic materials into the atmosphere
which result from the spontaneous drying of prod-
ucts after their removal from any article, machine,
or equipment shall be included with other emissions
of organic materials from such article, machine,
or equipment in determining compliance with this
section.
(b) The provisions of this section shall not apply to:
(1) The manufacture of organic solvents.
(2) The spraying or other employment of insecticides,
pesticides, or herbicides.
' (3/ Industrial surface coating operations when the
coating's solvent make-up is water-based and does
not exceed 20 percent of organic materials by
volume.
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(4) The use of the following solvents: saturated
halogenated hydrocarbons, perch!orethylene, ben-
zene, acetone, C-j-U n-paraffins, cyclohexanone,
ethyl acetate, diethyl amine, isobutyl acetate,
isopropyl alcohol, methyl benzoate, 2-nitropro-
pane, phenyl acetate, and triethyl amirie, and
other organic solvents that have been determined
by the Air Pollution Control Board to be photo-
chemically unreactive in the formation of oxidants.
(c) For the purposes of this section:
(1) Organic materials are defined as chemical com-
pounds of carbon, excluding carbon monoxide,
carbon dioxide, carbonic acid, metallic carbides,
metallic carbonates, and ammonium carbonate.
(2) Organic solvents are defined as organic materials
which are liquids at standard conditions, and
include diluents which are used as dissolvers,
viscosity reducers, and cleaning agents.
(d) A greater degree of control, may be required to prevent a
health hazard or a local nuisance because of the particular
properties of a specific organic compound. Determination
of a health hazard will be bssed upon such factors as thresh-
old limit values, presence of carcinogens, and other accepted
health indicators.
(e) Acceptable control methods to provide compliance shall be:
(1) Consuming such gases or vapors in acceptable fuel
burning equipment1.
(2) Absorption or adsorption by acceptable means.
(3) Incineration by direct flame or catalytic combustion
means, preferably with heat recovery means.
(4) Oxidation by chemical means utilizing oxidizing
agents or ozone, if practical.
(5) Other means acceptable to the Board.
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(50.5) REGULATION ARC 1.6
Maximum Allowable Carbon Monoxide Emissions
Sec. 1. This regulation is applicable to all stationary sources of carbon
monoxide (CO) emissions located within a "Basin Priority A", as
defined and specified in Regulation APC 22, and to all new sta-
tionary sources regardless of location. Carbon monoxide emissions
from all stationary sources shall be controlled to meet rules
set forth herein to attain the desired air quality standards and
to maintain air quality consistent with the law where it is better
than the standards, and existing sources shall adhere to the fol-
lowing compliance schedule:
Submit plans and specifications by - April 1, 1973
Start construction by - January 1, 1974
Complete construction and start up by - January 1, 1975
Submit performance results by - April 1. 1975
Sec. 2. Emission of carbon monoxide shall be limited to the following:
(a) Petroleum Refining Emissions - No person shall cause or
allow the discharge of carbon monoxide from any catalyst
regeneration of a petroleum cracking system or from any
petroleum fluid coker into the atmosphere unless the waste
gas stream is burned in a direct-flame afterburner or boiler
or is controlled by other means approved by the Board.
(b) Ferrous Metal Smelters - No person shall cause or allow the
discharge of carbon monoxide from any grey iron cupola,
blast furnace, basic oxygen steel furnace, or other ferrous
metal smelting equipment, having a capacity of 10 tons per
hour or more process weight, unless the waste gas stream
is burned in a direct-flame afterburner or boiler or is
controlled by other means approved by the Board. In instances
where carbon monoxide destruction is not required, carbon
monoxide emissions shall be released at such elevation that
the maximum ground level concentration from a single source
shall not exceed 20% of the maximum one-hour Indiana ambient
air quality value for carbon monoxide.
(c) 'Refuse Incineration and Burning Equipment - No person shall
cause or allow the discharge of carbon monoxide from refuse
incineration or burning equipment, unless the waste gas
, stream is burned in a direct-flame afterburner- or is con-
trolled by other means approved by the Board.
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(50.3) REGULATION ARC 17
Maximum Allowable Nitrogen Oxides Emissions
Sec. 1. Emissions from all stationary sources of nitrogen oxides shall
be 1'imited to the following:
(a) No person shall cause or allow the emission of nitrogen
oxides from fuel burning equipment with a capacity of
250 million Btu per hour or more in excess of the following
limits:
(1) In the case of gas firing, 0.20 pounds of N02 per
million Btu of heat input.
(2) In the case of oil firing* 0.30 pounds of N02 per
million Btu of heat input.
(3) In the case of coal firing, 0.70 pounds of NOg per
million Btu of heat input.
Sec. 2. This regulation is applicable to all existing stationary sources
on Nitrogen Oxides emissions located within a "Basin Priority A"
as defined in Regulation ARC 22 and to all new stationary sources
regardless of location.
(3.0) REGULATION ARC 19
Permits
Sec. 1. Definitions As Used In This Regulation
(a) "Stationary source" means any one machine, device, apparatus,
equipment, installation, building, or other physical facility
which emits or has the potential to emit any air contaminant,
(b) 'The term "agency" as used herein shall mean the Air Pollution
Control Board of the State of Indiana.
(c) • "Monitoring instrument" is a device which measures an emis-
sion concentration at a specific location in the chimney or
stack.
(d) "Modification" means any physical change in, or change in
the method of operation of, a stationary source which in-
, creases the amount of emissions (to which a standard applies)
or which results in the emission of any air contaminant not
previously emitted, except that;
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(1) Routine maintenance and repairs shall not be
considered physical changes.
(2) The following shall not be considered a change
in the method of operation:
(i) An increase in the production rate, if such
increase does not exceed the operating
design capacity of the affected facility.
(ii) An increase in hours of operation.
(e) "Commence" 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 binding agreement or
contractual obligation to undertake and complete, within a
reasonable time, a continuous program of construction or
modification.
(f) "Standard" means a standard of performance proposed or
promulgated by this agency.
(g) "National standard" means either a primary or secondary
ambient air quality standard promulgated pursuant to Sectio?^
109 of the Clean Air Act of 1970.
(h) "Person" is as defined in 1C 1971, 13-7-1.
Sec. 2. Construction Permits
(a), No person shall commence construction or modification of
any stationary source after the effective date of this regu-
lation without first obtaining approval from the agency for
the location and design of such source.
(1) Application for approval to construct or modify
shall be made on forms furnished by the agency or
by other means prescribed by the agency.
(2) A separate application is required for each sta-
tionary source.
(3) Each application shall be signed by an authorized
individual whose signature shall constitute an
agreement that the applicant shall assume the re-
sponsibility of determining that the equipment shall
meet the emission standards as set forth by the
applicable rules and regulations of the agency.
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Each application shall be accompanied by site
information, plans, descriptions, specifications
and drawings showing the design of the source,
the nature and amount of emissions, and the
manner in which it will be operated and controlled.
(4) Plans and specifications must be prepared by or
approved by a professional engineer registered to
practice in the State of Indiana in accordance
with the provision of 1C 1971, 25-31-1. This
shall not apply to an installation which costs
$10,000 or less.
(5) Any additional information, plans, specifications
evidence, or documentation that the agency may
require shall be furnished upon request.
(6) The agency may grant preliminary approval prior
to commencing construction on receipt of engi-
neering design data and site location information,
(b) No approval to construct or modify will be granted unless
the applicant shows to the satisfaction of the agency that;
(1) The source will operate without causing a. viola-
tion of any State regulation.
(2) The source will not prevent or interfere with
attainment or maintenance of any national standard
as established by the provisions of the Clean Air ,
Act.
(3) Emissions from all stationary sources shall be
controlled to meet standards set forth by regu-
lation to attain the desired air quality and
maintain air quality consistent with the law
where it is better than the standards.
(c) The agency will act within 60 days on an application and will
notify the applicant in writing relative to approval, condi-
• tional approval, or denial of the application. The agency
will set forth its reasons for any denial.
(d) The agency may impose conditions of approval, including con-
ditions requiring the source to be provided with, but not
limited to:
1 ' (1) Sampling ports of a size, number, and location
as the agency may require.
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(2) Safe access to each port.
(3) Instrumentation to monitor and record emission
data.
(4) Any other sampling and testing facilities.
(5) Records and reports will be maintained for all
monitoring devices required by the agency in a
fund that shall be stipulated or approved by the
agency.
(6) The agency shall establish guidelines covering
monitoring schedules, methods for monitoring
emissions, and methods for calibration of moni-
toring instruments.
(e) The agency may cancel an approval if the construction is not
begun within 2 years from the date of issuance, or if during
the construction, work is suspended for a continuous period
of 1 year.
(f) Within 60 days after achieving maximum production rate at
which the source will be operated but not later than 180 days
after initial startup of such source the person shall, if
requested by the agency, conduct a performance tcst(s) in
accordance with methods and under operating conditions ap-
proved by the agency and furnish the agency a written report
of the results of such performance test.
(1) Such test shall be at the expense of the respon-
sible person.
(2) The agency may monitor such test and may also
conduct performance tests.
(3) The person responsible shall provide the agency 15
days prior notice of the performance test to afford
the agency the opportunity to have an observer
present.
(g) Information relating to confidential data is set forth in
1C ^971, 13-7-16-3(b).
Sec. 3. Operation Permits
(a) All stationary sources in operation or production on the
effective date of this regulation must have a valid operation
permit. Application for these sources must be made to the
agency by July 1, 1973.
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(2) Applications for a permit must be made on forms
provided by the agency.
(b) After the effective date of this regulation, no new sta-
tionary source or modification of an existing stationary
source, shall begin operation until a valid operation permit
has been issued by the agency.
(1) Applications for permits to operate must be made
on forms provided by the agency and must be sub-
mitted 60 days in advance of the date the oper-
ation is to begin.
(c) The agency may specify for each permit the conditions and
limitations for operation of the stationary source, including,
but not limited to:
(1) Sampling ports of a size, number, and location as
the agency may require.
(2) Safe access to each port.
(3) Instrumentation to monitor and record emission
data.
(4) Any other sampling and testing facilities.
(5) Records and reports will be maintained for all
monitoring devices required by the agency,
(6) The agency shall establish guidelines covering
monitoring schedules, methods for monitoring
emissions, and methods for calibration of moni-
toring instruments,
(d) Each application shall be signed by an authorized indi-
v.idual whose signature shall constitute an agreement that
the applicant shall assume responsibility for operating
such source in accordance with applicable rules and regu-
lations of the agency.
(e) No approval to operate will be granted unless the applicant
shows to the satisfaction of the agency that:
(1) The source will operate without causing a vio-
lation of any State regulation.
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(2) The source will not prevent or interfere with
attainment or maintenance of any national standard
as established by the provisions of the Clean Air
Act.
(3) Emissions shall be controlled to meet standards
set forth by regulation to attain the desired air
quality and maintain air quality consistent with
the law where it is better than the standards.
i
(f) Permits to operate shall be effective for any period of time
not to exceed four years. Applications for renewal of an
operating permit must be submitted 120 days in advance of
the date the permit expires.
(g) When a transfer of ownership or location occurs, a new
operating permit must be requested within 60 days.
Sec. 4. Permits Not Required
(a) Operation and construction permits are not required for the
following:
(1) Air conditioning or ventilation systems not designed
to remove air pollutants generated by or released
from equipment.
(2) Fuel burning equipment:
(i) Which uses gas or distillate oil (#1 or
#2) as fuel for space heating, air con-
ditioning, or heating water.
(ii) That is used in single or multiple
dwellings containing four or less apart-
ment units.
(iii) That has a heat input of not more than
1,500,000 BTU per hour.
t
(3) Laboratory fume hoods which discharge to the atmos-
phere.
(4) Other sources of minor significance specified by
the agency such as:
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Particulate matter, 5 pounds per hour or
25 pounds per day.
Sulfur dioxide, 10 pounds per hour or 50
pounds per day.
Nitrogen oxides, 5 pounds per hour or 25
pounds per day.
Hydrocarbons, 3 pounds per hour or 15 pounds
per day.
Carbon monoxide, 50 pounds per hour or 250
pounds per day.
Emissions to be calculated by the agency by use
of emission factors contained in the latest
edition of "Compilation of Air Pollution Fac-
tors," published by the United States Environ-
mental Protection Agency, or as calculated by
the agency based on stack test data or other
data acceptable to the agency; or as agreed
upon between the agency and the source owner,
Sec. 5. Permit Revocation
(a) Any permit granted by the agency may be revoked or modified
in accordance with 1C 1971, 13-7-10-5.
Sec. 6. Permit No Defense
(a) . The issuance and possession of any permit shall not consti-
tute a defense of a violation of any law, regulation or
standard.
Sec. 7. Local Jurisdiction
(a) Nothing contained in this regulation shall be deemed to
affect or modify the terms or requirements of any ordinance
or regulation of any governmental unit within the State of
Indiana which provides for equal or more restrictive require-
ments and any governmental unit having such a regulation or
ordinance may be delegated the duties otherwise designated
herein as those of the agency subject to qualifications as
the agency may require.
Sec. 8. Validity
(.a) If any section, paragraph, sentence, clause, phrase, or
word of this regulation, or any other part thereof, be
declared unconstitutional or invalid for any reason, the
, remainder of said regulation shall not be affected thereby
and shall remain in full force and effect.
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: Sec. 9. Repeal
(a) This regulation shall, upon promulgation, repeal Regulation
< ARC 1.covering reports, plans and specifications, promulga-
ted December 6, 1968, as found in Burns Administrative Rules
and Regulations (1972 Supp.) (35-4604-1).
(50.1) REGULATION ARC 20
Maximum Allowable Fugitive Dust
A Regulation concerning the generation of fugitive dust from activities
of industrial, commercial, governmental, private, and other operations
within the State of Indiana.
Sec, 1. Definitions
(a) Fugitive Dust - The generation of particulate matter to the
extent that some portion of the material escapes beyond the
property line or boundaries of the property, right-of-way
or easement on which the source is located.
(b) Respirable Dust - Particles in the range of 0.5 microns to
6.0 microns in diameter.
Sec. 2. Allowable Emissions - A source or sources generating fugitive
dust shall be said to be in violation of this regulation if any
of the following criteria are violated:
(a) Maximum Allowable Particles - A source or combination
of sources caused to exist fugitive dust concentrations
greater than 67% in excess of ambient upwind concen-
trations as determined by the following formula:
p _ 100 (R-U)
Y ~ U
P = Percentage increase
i
R = Number of particles of fugitive dust measured at
downwind receptor site
U = Number of particles of fugitive dust measured at
upwind or background site
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(b) Potential Respiratory Damage - The fugitive dust is
comprised of 50% or more respirable dust, then the
percent increase of dust concentration in Section 2(a)
shall be modified as follows:
PR = (1.5 - N) P
Where N = Fraction of fugitive dust that is respirable
dust; PR = allowable percentage increase in dust con-
centration above background; and P = no value greater
than 67%.
(c) Ambient Air Concentrations - The ground level ambient
air concentrations exceed 50 micrograms per cubic meter
above background concentrations for a 60-minute period.
Sec. 3. Applicability
(a) This regulation shall apply to all sources of fugitive dust.
(b) The allowable particles shall refer to the total of all
particles leaving the boundaries or crossing the property
line of any source of fugitive dust regardless of whether
from a single operation or a number of operations. If the
source is determined to be comprised of two or more legally .
separate persons, each shall be held proportionately re-
sponsible on the basis of contributions by each person as
determined by microscopic analysis. In such cases, samples
shall be taken downwind from the combination of sources and
at the fence line of each source.
(c) No source which is contributing to a combined downwind fugi-
tive dust concentration in excess of the limits of this
regulation shall be required to reduce emissions if the con-
centrations at his property line are in compliance unless
all contributors are individually in compliance and a com-
bined fugitive dust concentration still exceeds the limits
of this regulation. Each source shall then be required to
reduce its emissions by like percentages to achieve an
acceptable combined downwind concentration.
(d) When all contributors are individually in compliance and no
riuisance to the surrounding community is created, the Board
may waive the requirement for further reduction in emissions
by combined contributors.
i
(e) All sources must comply with this regulation as soon as
practicable but no later than July 1, 1974.
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Sec. 4. Mobile Fugitive Dust Sources - No vehicle shall be driven or
moved on any public street, road, alley, highway, or other
thoroughfare, unless such vehicle is so constructed as to prevent
its contents from dripping, sifting, leaking, or otherwise
escaping therefrom so as to create conditions which result in
fugitive dust. This section applies only to the cargo any vehicle
may be conveying and mud tracked by the vehicle.
Sec. 5. Methods of Measurement
(a) Particle Numbers and Sizes - Particle quantities and sizes
will be measured by manual microscopic analysis of a dust-
fall sample collected on a sticky slide or by use of com-
, mercially available particle counting devices which count
and classify particles by micron size range, or other methods
acceptable to the Board.
(b) Ambient Air Concentrations - Ambient air concentrations shall
be measured using the standard Hi Volume Sampling and Analy-
sis Techniques as specified by EPA in April 30, 1971, Federal
Register.
(c) Visible Emissions - Observations by a qualified representative
of the Board of visible emissions crossing the property line
of the source at or near ground level.
Sec. 6. Exceptions - The following conditions will be considered as
exceptions to this regulation and therefore not in violation:
(a) Release of steam not in combination with any other gas-
eous or particulate pollutants unless the condensation
from said steam creates a nuisance or hazard in the
surrounding community.
1 (b) Fugitive dust from publicly maintained unpaved thorough-
fares where no nuisance or health hazard is created by
its usage or where it is demonstrated to the Board that
no means are available to finance the necessary road
improvements immediately. A reasonable long-range
schedule for necessary road improvements must be sub-
mitted to support the Board's granting such an exception.
(c) Fugitive dust from construction or demolition where
t every reasonable precaution has been taken in minimizing
fugitive dust emissions.
(d) Fugitive dust generated from agricultural operations
providing every reasonable precaution is taken to mini-
mize emissions and providing operations are terminated
if a severe health hazard is generated because of pre-
vailing meteorological conditions.
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(e) Visible plumes from a stack or chimney which provide
adequate dispersion and are in compliance with other
applicable regulations.
(f) Fugitive dust from a source causec" by adverse meteoro-
logical conditions.
(18.0) REGULATION APC 22
This Regulation is only approved for the priority ratings for C02 and N02
and all but 5 counties for
Establish air quality basins and priority ratings for sulfur dioxide;
parti cul ate matter; carbon monoxide; photochemical oxidants/hydrocarbons;
and nitrogen, dioxide
Sec. 1. In addition to the definitions contained in 1C 1971, 13-7 and 1C
1971, 13-1-1, the following definitions shall apply herein:
(a) "Basin Priority A" shall mean any area of land (county)
wherein the ambient air concentration for a specific
contaminant or pollutant is equal to or in excess of
the primary air quality standard as specified in regu-
lation APC 14.
(b) "Basin Priority B" shall mean any area of land (county)
wherein the ambient air concentration for a specific
contaminant or pollutant is equal to or in excess of
the secondary air quality standard but is less than the
primary air quality standard as specified in regulation
APC 14.
(c) "Basin Priority C" shall mean any area of land (county)
wherein the ambient air concentration for a specific
contaminant or pollutant is less than the secondary
air quality standards as. specified in regulation APC 14.
Sec. 2. As authorized by I.C.- 1971, 13-7-7-2 the air quality of each
county within the State of Indiana has been determined through a
study of the ambient air quality data; topography, demography;
stack heights of major emission sources; proximity concentration
. of two or more emission sources; computer simulated air quality
display models; and other methods for evaluating contaminants
from stationary sources for particulate matter (Pt), sulfur di-
oxide (062), photochemical oxidants/hydrocarbons (63), carbon
monoxide (CO) and nitrogen dioxide (N02).
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Sec. 3. The Basin Priority rating as specified herein shall be used to
denote those basins (counties):
1 (a) where program emphasis shall be directed,
Sec. 4.
(b) where emission control regulations or provisions within
such regulations shall be applied or modified to achieve
the specified Indiana Air Quality Standards, and
(c) where applicable regulations or provisions of such regu-
lations shall be applied to maintain the air quality
where such is better than the secondary standards.
Each of the following listed counties (basins) are assigned the
designated "Basin Priority" rating for the specifically listed
contaminant (pollutant).
Basin
Number
AQB01
AQB02
AQB03
AQB04
AQBO'5
AQB06
AQB07
AQB08
AQB09
AQB10
AQB11
AQB12
AQB13
AQB14
AQB15
AQB16
AQB17
AQB18
AQB19
AQB20
Basin
(County)
Adams
Allen
Bartholomew
Benton
Blackford
Boone
Brown
Carroll
Cass
Clark
Clay
Clinton
Crawford
Daviess
Dearborn
Decatur
Dekalb
Delaware
Dubois
Elkhart
Pt
C
B
C
C
B
C
C
C
C
B
C
C
C
C
B
C
C
B
C
B
so2
C
c
c
c
c
c
c
c
c
c
c
c
c
c
B
c
c
c
c
c
°3
C
c
c
c
c
c
c
c.
c
c
c
c
c
r
c
c
c
c
c
c
CO
c
c
c
c
c
c
c
c
c
c
c
c
c
c
c
c
c
c
c
c
N0;
c
r
c
c
c
c
c
c
r
c
c
r
c
c
c
c
c
c
c
c
-50-
-------
Basin
Number
AQB21
AQB22
AQB23
AQB24
i
AQB25
AQB26
AQB27
AQB28
AQB29
AQB30
AQB31
AQB32
AQB33
AQB34
AQB35
AQB36
AQB37
AQB38
AQB39
AQB4,0
AQB41
AQB42
AQB43
AQB44
AQB45
AQB46
AQB47
AQB48
AQB49
AQB50
AQB51
AQB52
Basin
(County)
Fayette
Floyd
Fountain
Franklin
Fulton
Gibson
Grant
Greene
Hami 1 ton
Hancock
Harrison
Hendricks
Henry
Howard
Hunting ton
Jackson
Jasper
Jay
Jefferson
Jennings
Johnson
Knox
Kosciusko
LaGrange
Lake
LaPorte
Lawrence
Madison
Marion
Marshall
Martin
Mi ami
Pt
C
B
C
C
C
C
B
C
C
C
C
C
C
B
C
C
C
C
C
B
C
C
C
C
A
C
B
B
A
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
A
C
C
C
B
C
C
C
°3
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
A
C
C
C
A
C
C
C
CO
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
NO,
(.
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
-51-
-------
Basin
Number
AQB53
AQB54
AQB55
AQB56
AQB57
AQB§8
AQB59
AQB60
AQB61
AQB62
AQB63
AQB64
AQB65
AQB66
AQB67
AQB60
AQB69
AQB70
AQB71
AQB72
AQB73
AQB74
AQB75
AQB76
AQB77
AQB78
AQB79
AQB80
AQB81
AQB82
AQB83
AQB84
Basin
(County)
Monroe
Montgomery
Morgan
Newton
Noble
Ohio
Orange
Owen
Parke
Perry ,
Pike
Porter
Posey
Pulaski
Putnam
Randolph
Ripley
Rush
St. Joseph
Scott
She! by
Spencer
Starke
Steuben
Sullivan
Switzerland
Tippecanoe
Tipton
Union
Vanderburgh
Vermill ion
Vigo
£1
B
C
B
B
C
C
C
C
C
B
C
B
C
C
B
C
C
B
B
C
C
C
C
B
C
C
B
C
C
B
C
B
CA
_2
r;
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
n
_1
C
C
C
C
C
C
C
C
C
C
C
C
C
C
'C
C
C
^
u
C
C
C
C
C
C
C
C
r
C
C
C
C
C
co
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C.
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
NO
n\Jn
r
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
-52-
-------
Basin
Number
AQB85
AQB86
AQB87
AQB88
AQB89
AQB90
AQB91
AQB92
Basin
(County)
Wabash
Warren
War rick
Washington
Wayne
Wells
White
Whitley
Pt ^2 ^3 CO ^2
B C C C C
C C C C C
C B C C C
C C C C C
B C C C C
C C C C C
C C C C C
C C C C C
Sec. 5. That the Air Pollution Control Board shall redesignate ratings
for counties where an appropriate change in air quality has been
demonstrated or where emission levels or other factors indicate
the necessity for such priority changes. The Regional Office
must, approve all re-classification.
-53-
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ORDINANCE
AIR POLLUTION CONTROL
ST. JOSEPH COUNTY, INDIANA
-54-
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ARTICLE I
(2.0) General Provisions.
(2.0) Sec. 1.1. - Short Title. This ordinance shall be known and cited as
the "St. Joseph County Air Pollution Control Ordinance."
(2.0) Sec. 1.2. - Purpose. This ordinance is designed to prevent and control
air pollution by establishing the Division of Pollution
Control within the Health Department, and prescribing ad-
ditional duties of the Health Officer, empowering investi-
gation and abatement by the Health Officer of violations
of this ordinance, providing for the establishment and
enforcement of rules and regulations, providing for a
pollution appeals board, providing for registration of
pollution sources, registration of the installation, con-
struction, addition to, alteration, and use of process,
fuel burning, refuse burning and control equipment and
for fees for the same, providing for inspection and tests
of process, fuel burning, refuse burning, control equip-
ment and occurrences, and for the issuance of approvals
and for fees therefor, establishing limitations upon the
emission of pollutants, declaring emissions which do not
meet such limitations to be unlawful and a public nuisance,
prohibiting certain acts causing pollution, providing for
fines and penalties for violation of the provisions of
this ordinance, and providing just and adequate means by
which provisions of this ordinance may be executed.
(1.0) Sec. 1'.3. • - Definitions. The following words and phrases when used in
this ordinance shall for the purpose of this ordinance
have the meanings respectively ascribed to them in this
Article I, unless a different meaning is clearly indicated:
(a) "Advisory Committee" The Pollution Control Ad-
visory Committee created by Section 2.5 of this
ordinance.
(b) "Air Contaminant" Any smoke, soot, fly ash, dust,
cinders, dirt, noxious or obnoxious acids, fumes,
oxides, gases, vapors, odors, toxic or radio-
active substances, waste, particulate, solid,
liquid or gaseous matter, or any other materials
or substances in the airs but excluding uncom-
bined water.
-55-
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(c) "Air Pollution" Presence in the air of one or
more air contaminants in such quantities, charac-
teristics, or duration as is or tends to be in-
jurious to human life, health or welfare, or
animal or plant life or health, or property, or
, would interfere with the enjoyment of life or
property.
(d) "Appeals Board" The Pollution Appeals Board
1 created by Section 2.3 of this ordinance.
(e) "ASME" American Society of Mechanical Engineers.
(f) "Board of County Commissioners" The Board of
Commissioners of the County of St. Joseph, State
of Indiana.
(g) "Board of Health" The Board of Health of the
St. Joseph County Health Department,
(h) "BTU" British Thermal Unit: The quantity of
heat required to raise one pound of water one
degree from 59 degrees Fahrenheit to 60 degrees
Fahrenheit.
(i) "Control Equipment" Any equipment which regulates
process, fuel-burning or refuse-burning equipment
which may release contaminants into the air.
(j) "County" St. Joseph County, Indiana.
(k) "Domestic Heating Equipment" Equipment generating
heat for single family residence, or for two resi-
' dences either in duplex or double house form, or
for multiple-dwelling units in which such equip-
ment serves fewer than three apartments. Under
' this designation are also hot water heaters,
stoves, and spaceheaters used in connection with
the foregoing establishments; provided, however,
that like equipment used in multiple-dwelling
units other than herein described, or used in
buildings of commercial or industrial establish-
ments, is not to be construed to be included
under this designation.
-56-
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(1) "Domestic Refuse-burning Equipment" Any refuse-
burning equipment or incinerator, 1) used for
single family residence or for two residences,
i either in duplex or double house form, or for
multiple-dwelling units in which such equipment
serves fewer than three apartments, and 2) having
not over five (5) cubic feet capacity or twenty-
five (25) pounds per hour burning rate.
(m) "Emission" The act of passing or ejecting solid,
gaseous or liquid matter into the air; or the
materials so passed into the air.
(n) _ "Fuel-burning Equipment" Any equipment* device,
or contrivance used for the burning of any fuel
and all appurtenances thereto, including ducts,
breechings, control equipment, fuel-feeding equip-
ment, ash-removal equipment, combustion controlss
stacks, and chimneys, used for indirect heating
In which the material being heated is not contact-
ed by, and adds no substance to, the products
of combustion.
(o) . "Health Department" St. Joseph County Health
•' Department.
(p) "Health Officer" The Health Officer of the St.
; Joseph County Health Department.
(q) "Incinerator" Any combustion device specifically
designed for the destruction or reduction, by
burning, of solid, semi-solid, gaseous or liquid
matter.
t . t •
(r) ''"Opacity" State of a substance which renders it
partially or wholly impervious to the rays of
light. Opacity as used in this ordinance refers
to the obscuration of an observer's view.
(s) "Open burning" Any fire or burning from which
• the products of combustion are emitted directly
into the air.
(t) "Particulate Matter" 'Any material, except uncom-
bined water, that exists in a finely divided form
as a liquid or solid at standard conditions.
-57-
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(u) "Person" Any individual, partnership (limited
or general), co-partnership, firm, company, cor-
poration, association, joint stock company, trust*
estate, governmental entity or any other legal
entity, or their legal representatives, agents
or assigns. The masculine gender shall include
the feminine and the singular shall include the
plural where indicated by the context.
(v) "Process Equipment" Any equipment or device for
changing, storing or handling any material, and
all appurtenances thereto, including ducts, stacks,
combustion controls and other appurtenances, the
use or existence of which may cause any discharge
of an air contaminant into the air, but not in-
cluding that equipment specifically defined as
fuel-burning equipment or refuse-burning equip-
ment in this ordinance.
(w) "Process Operation" Any action, treatment, or
operation and the equipment used in connection
therewith, and all methods or forms of manufac-
ture or processing that may emit air contaminants.
(x) "Process Weight" The total weight of all materials
introduced into any unit operation or unit source3
including solid fuels, but excluding liquid fuels,
gaseous fuels and combustion air.
(y) "Process Weight Per Hour" A rate established as
. follows: (a) For continuous or long-run steady-
state unit operations, the total process weight
for the entire period of continuous operation or
for a typical portion thereof, divided by the
number of hours of such period or portion thereof.
(b) For cyclical or batch unit operation, the
total process weight for a period that covers a
complete operation or an integral number of cycles,
divided by the hours of actual process operation
during such a period. Where the nature of any
process or operation or the design of any equip-
ment is such as to permit more than one interpre-
tation of this definition, the interpretation that
results in the minimum value for allowable emis-
sions shall apply.
(z) "Refuse" Includes trash, waste material, garbage,
rubbish and trade wastes.
-58-
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.(&&} "Refuse-burning Equipment" Any incinerator,
equipment or device used for the reduction or
destruction of refuse by burning, and all appurte-
nances thereto.
(bb) "Ringelmann Chart" A chart for grading the ap-
pearance, density or shade cf grey or black
smoke, as published, with instructions for use,
by the United States Bureau of Mines in Infor-
mation Circular 8333.
(cc) "Seal" A device affixed to process, fuel-burning,
refuse-burning or control equipment or to pre"
mises in violation of this ordinance so as to
prevent their use.
(dd) "Smoke" Small gas-borne particles resulting from
incomplete combustion, consisting predominantly,
but not exclusively, of carbon, ash and other
combustible material.
(ee) "Stack" Duct, chimney, flue, conduit or opening
arranged for the emission into the air of air
contaminants.
(ff) "Standard Conditions" A gas temperature of 60
degrees Fahrenheit and a gas pressure of 14.7
pounds per square inch absolute dry air.
(gg) "Trash Burner" A container of fire resistant
materials, such as woven wire, metal with punched
holes or concrete materials, with or without a
cover or top, used to contain materials for
burning. Burning in such a container for purposes
of this ordinance is considered open burning.
ARTICLE II
(2.0) Administrative Organization.
i
(2.0) Sec. 2.1. - Administrative Organization and Enforcement.
(15.0)
(a) This ordinance shall be effective territorially
throughout the County.
i
(b) The administration and enforcement of this ordi-
nance shall be the responsibility of and be con-
ducted by the Health Department and Health Officer,
-59-
-------
(c) There is hereby created in the Health Departmentr
the Division of Pollution Control under the
direction of the Health Officer.
(d) There is hereby created the position in the Health
Department of Pollution Control Officer. He shall
be appointed and his compensation fixed by the
Board of Health.
> ,
(e) The Pollution Control Officer shall perform such
duties as may be required of him by the Health
Officer, and he shall supervise the execution of
all laws, rules and regulations pertaining to air
pollution as provided in this ordinance and in
the absence of the Health Officer shall perform
all of the duties and exercise all of the rights
of the Health Officer under this ordinance.
(f) The Health Officer shall appoint and employ suf-
ficient personnel to staff the Division of Pol-
lution Control and to carry out the control and
prevention of air pollution in the County.
(15.0) Sec. 2.2. - Power and Duties of the Health Officer.
The Health Officer shall have the power and duty to:
(a) Implement this ordinance; ;,
(b) Issue such orders as may be necessary to effectu-
ate the purposes of this ordinance and enforce
the same by any administrative and judicial pro-
ceedings;
(c) Supervise the execution of all laws, rules and
regulations pertaining to pollution as provided
in this ordinance;
(d) Institute legal proceedings to prosecute vio-
lations of this ordinance and compel compliance
therewith;
(e) Make inspections and tests of process, fuel burn-
ing, refuse burning, and control equipment and
other occurrences to determine if there is com-
pliance with the provisions of this ordinance;
(f) Investigate complaints of violations of this or-
dinance and make inspections and observations of
pollution conditions and record such investigations
complaints, inspections, and observations;
-60-
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(g) Examine the plans for the installation, con-
struction, reconstruction or alteration of pro-
cess, fuel burning, refuse burning and control
equipment;
(h) Approve or reject applications for permits, and
issue certificates, notices or other documents
required under this ordinance;
(i) Prepare and place before the Board of County
Commissioners for their consideration proposals
for additions or revisions to this ordinance;
(j) Encourage voluntary cooperation by persons or
affected groups in pollution control;
(k) Collect and disseminate information on pollution
control;
(1) Work with planning and zoning agencies for the
purpose of coordinating activities under pro-
visions of this ordinance and fostering the best
possible management of the air resources of the
County;
(m) Advise, consult and cooperate with other local
governmental units, agencies of other govern-
mental units and private persons or industries
pertaining to pollution and related matters;
(n)1 ' Make all administrative procedures necessary for
the administration of the Division of Pollution
Control;
(o) Delegate to the Pollution Control Office any
duties and powers contained in this Section 2.2;
(p) Prepare and maintain all department records;
(q) Do any and all acts which may be necessary for the
implementation and enforcement of the provisions
of this ordinance.
-61-
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(16.0) Sec. 2.3. - Appeals Board.
(a) A Pollution Appeals Board is hereby created and
shall consist of five (5) members appointed by
the Board of County Commissioners. One (1) mem-
ber shall be a registered professional engineer
in Indiana. One (1) member shall be a physician
holding an unlimited license to practice medicine
in Indiana. One (1) member shall be a lawyer
holding a license to practice law in Indiana.
The term of office shall be two (2) years, except
that initial appointments for two of the members
shall be for three (3) years, to be designated
at the time of appointment. Term of office shall
end on December 31. No member shall be an officer,
employee or agent for any manufacturer, distri-
butor or seller of pollution control equipment
of any kind or nature, and if any member shall
be an officer, employee or agent of any person
or entity being cited by the Health Officer
under this ordinance, then such member shall be
disqualified to participate in the deliberations
and actions of the Appeals Board relative to such
citation:
(b) The Appeals Board shall have the power and duty
to:
(1) Decide appeals from any decision, ruling,
regulation, determination or order made
by the Health Officer or Pollution Control
Officer under this ordinance, in the
manner and subject to the standards set
forth in Section 2.4;
(2) Meet annually on the 4th Thursday of
February to elect a Chairman, Vice Chairman
and a Secretary and at any time to hear
appeals;
(3) Make rules for the conduct of its business;
and
(4) Meet at the call of its Chairman, the Health
Officer or the Pollution Control Officer.
(c) The Appeals Board shall take no action without the
affirmative vote of three (3) of its members pre-
sent at a meeting duly called pursuant to Section
2.3(b) (2) or (4).
-62-
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(16.0) Sec. 2.4.' - Appeals to the Appeals Board.
(a) Any person who objects to a decision, ruling,
regulation, determination or order made by the
Health Officer or Pollution Control Officer under
this ordinance may file with the Health Officer
an appeal directed to the Appeals Board specifying
with particularity the grounds on which the appeal
is based and the relief sought. Such appeal shall
be made within thirty (30) days from the date of
such decision, ruling, regulation, determination
or final order. A filing fee of Twenty-five Dol-
lars ($25.00) shall be paid by the appellant to
the Health Department at the time of filing the
appeal. The Health Officer and Pollution Control
Officer shall furnish to the Appeals Board all
documents and papers in their possession or con-
trol relative to each matter under appeal, which
documents and papers shall be returned by the
Appeals Board to the Health Officer within five
(5) days after a decision on the appeal. Within
ten (10) days after an appeal has been filed, the
Appeals Board shall set a date, time and place for
a public hearing and shall give notice thereof by
United States mail to the appellant and the Health
Officer. The public hearing shall be set for a
date not more than thirty (30) days after the
date the appeal was filed.
(b) An appeal filed in the manner set forth in this
Section shall stay the decision, ruling, deter-
mination or order appealed from, as the same
applies to the appellant, until the Appeals Board
has taken final action on the appeal. The Appeals
Board shall take final action upon an appeal with-
in thirty (30) days after the public hearing
thereon. At the public hearing, any person may
appear in person or by agent or attorney and pre-
sent written evidence and oral testimony perti-
nent and material to the appeal, and to the
issues raised thereby, and may examine and cross-
examine witnesses. All testimony shall be given
under oath. The Appeals Board shall affirm,
modify or reverse the decision, ruling, regulation,
determination or order appealed from as the same
applies to the appellant, and such decision shall
be binding on the appellant, the Health Officer
and the Pollution Control Officer, unless reversed
by a court of competent jurisdiction upon judicial
review.
-63-
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(c) The Appeals Board shall provide a reporter to
take testimony and record all proceedings before
the Appeals Board. The appeal, notice of date,
time and place of public hearing, all exhibits
submitted as evidence* all pleadings and motions,
all testimony heard, the findings of fact by the
Appeals Board and the decision of the Appeals
Board shall constitute the record of such appeal,
and any person may obtain a copy of such record
from the Health Officer upon payment of the fee
required by Section 11.4 of this ordinance.
(2.0) Sec. 2.5. - Advisory Committee,
(a) A, Pollution Control Advisory Committee, hereafter
referred to as Advisory Committee, is hereby
created and shall consist of thirteen (13) mem-
bers appointed by the Health Officer and shall
include:
(1) One (1) registered professional engineer
experienced and competent in matters of
air pollution control;
(2) One (1) licensed physician knowledgeable
in the health effects of air pollution;
(3) One (1) urban or regional planner;
(4) One (1) representative of the power gen-
erating industry;
(5) One (1) representative of the fuels
industry;
(6) One (1) farmer;
(7) One (1) representative of the manufacturing
components of industry;
(8) One (1) representative of conservation;
(9) One (1) laborer;
(10) Four (4) appointed at large.
(b) The Pollution Control Officer shall serve as
Secretary to the Advisory Committee. The Advisory
Committee shall annually select a Chairman and
Vice Chairman from among its members. The term
of office shall be four (4) years and shall expire
on December 31.
-64-
-------
(c) The Advisory Committee may consider and make
recommendations on any matters contained in this
ordinance which may be submitted to it by the
Health Officer, the Pollution Control Officer
or the Appeals Board, and may make recommenda-
tions on its own initiative concerning the
administration of this ordinance.
(d) The Advisory Committee shall meet at the call
of its Chairman, the Health Officer, or the
Pollution Control Officer, or at the written
request of three (3) members.
ARTICLE III
(3.0) Registration.
Sec. 3.1. - New Equipment. From and after March 1, 1971, no person
shall cause or permit the installation or alteration of
any process, fuel-burning, refuse-burning or control
equipment within the County, which may emit air contami-
nants into the air, without first registering such equip-
ment with the Health Officer as hereinafter provided.
Sec. 3.2. - Existing Equipment. No person shall, on or after May"!,
1971, operate or cause to be operated, any existing pro-
cess, fuel-burning, refuse-burning or control equipment
within the County, which may emit air contaminants into
the air, without first registering such equipment with
the Health Officer as hereinafter provided.
Sec. 3.3. - Registration and Information Required. Registration shall
be made on forms furnished by the Health Officer and filed
with the Health Officer, and shall include properly pre-
pared plans and specifications for the equipment being
registered. These plans and specifications shall include
the description, form and dimensions of the equipment,
the building or part thereof into or onto which such equip-
ment is to be located, the means provided for admitting
air for combustion, the composition of the fuel to be used,
the maximum quantity of such fuel to be burned per hour,
the kind and amount of raw materials to be processed, the
operating characteristics, the purpose of such equipment,
the number of emission points, the location and elevation
of each emission point, and any other reasonable and per-
tinent information that may be requested by the Health
Officer. In addition to the foregoing, these plans and
specifications shall include, if known to the registrant,
and if unknown to the registrant then it shall be so stated,
-65-
-------
the estimated maximum air contaminant rate and the time-
table, the air contaminant concentration, gas volume and
temperature at the emission point. Registration shall be
maintained in a current status by notifying the Health
Officer of any change in any item of information furnished,
which notification shall be given within thirty (30) days
after the change is made or discovered.
Sec. 3.4. - Exceptions. Sections 3.1 through 3.3 shall not apply to
the following equipment, systems or situations:
(a) Domestic heating equipment or domestic refuse-
burning equipment;
(b) Heating equipment of less than 251,000 BTU per
hour input;
(c) Comfort heating equipment, boilers, water heaters,
air heaters and steam generators with a rated
input capacity of less than 251,000 BTU per hour;
(d) Fuel-burning equipment and incinerators used
singly or jointly by occupants of dwellings con-
taining two or less dwelling units;
(e) Comfort ventilating or cooling systems;
(f) Laboratory bench hoods which exhaust to outside
air;
(g) Exhaust system for regulating steam and heat;
(h) Fuel-burning equipment using as fuel only natural
gas, or liquified petroleum gas, or a mixed gas
distributed by a utility in accordance with the
rules of the Public Service Commission of the
State of Indiana;
(i) Equipment used for domestic cooking of food for
human consumption.
ARTICLE IV
(9.0) Inspections and Testing.
Sec. 4.1. - Authority to Conduct Tests. The Health Officer is hereby
authorized to conduct, or cause to be conducted, any test
or tests of any process, fuel-burning, refuse-burning or
control equipment, or other equipment, device or occurrence,
which, in his opinion, may result in emissions in excess
-66-
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of any of the limitations set forth in Article V or when,
in his opinion, there is evidence that emissions from any
such equipment, device or occurrence are exceeding any
limitations set forth in Article V. Upon written notifi-
cation by the Health Officer that specified tests are con*
sidered necessary, the person so notified may elect to con-
duct the tests required. In which event, the person shall
notify the Health Officer in writing of this decision and
of the time and place of such testing, and arrangements
for the tests required shall be made not later than fifteen
(15) days after the date notification of the necessity of
tests is received. All tests so conducted shall be made
in a manner acceptable to the Health Officer and a complete
and detailed test report of such tests shall be furnished
to the Health Officer not more than sixty (60) days after
the date notification of the necessity of tests is received.
The Health Officer may require that a representative of
the Health Department be present during the making of ?uch
tests. Nothing in this section concerning tests made and
paid for by any person shall be deemed to abridge the right
of the Health Officer or his representatives to make, with-
out prior notification, tests of any such equipment, device
or occurrence at reasonable times and places at the expense
of the County.
Sec. 4.2. - Test Facilities and Access. The owner or operator of the
equipment, device or occurrence tested shall provide, at
his expense, reasonable and necessary openings in the
equipment, device or occurrence, and safe and reasonably
easy access thereto, to permit valid samples and. measure-
ments to be taken. If a person refuses to supply test
openings, access, scaffolding, and other necessary facili-
ties requested by the Health Officer for making such tests,
the Health Officer shall notify such person to show cause
before him on a day certain, not less than ten (10) nor
more than twenty (20) days from date of notice, why such
facilities should not be provided, and failing this, why
the equipment, device or occurrence should not be sealed.
Sec. 4.3. - Test Costs. If tests made pursuant to Section 4.1 sub-
stantiate that a violation exists of any of the limitations
set forth in Article V, the person or persons liable for
such violation shall be responsible for the cost of all
necessary direct labor, materials and supplies used or
expended in conducting such tests. If such tests do not
• substantiate that a violation exists, then such costs shall
be the expense of the County. Provided, however, that the
costs of complying with Section 4.2 shall be the responsi-
bility of the owner or operator .of the equipment, device
or occurrence to be tested. In the event a person elects
to make his own tests pursuant to the election granted by
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Section 4..1, then the cost of making such tests shall be
1 the'responsibility of the person making such tests and not
of the County, irrespective of the outcome of such tests.
Sec. 4.4. - Rights Upon Legal Entry. No person shall hinder, obstruct,
delay, resist, prevent or in any manner interfere with or
attempt to interfere with the Health Officer, his duly
authorized representatives, or police officers in the
making of tests and inspections provided by this Article
IV, or shall refuse to permit the Health Officer, his duly
authorized representatives, or police officers to perform
their duties by refusing them, or any of them, entrance at
reasonable hours to any premises in which there is pro-
bable cause to believe that any of the limitations of
Article V are violated or are suspected of being violated.
ARTICLE V
(2.0) Emission Limitation Standards and Measurement.
(2.0) Sec. 5.1. - State and Federal Standards as Minimum Standards, Stand-
ards established, or hereafter established, by the Indiana
Air Pollution Control Board, by agencies or departments of
the government of the United States of America and by the
Federal Clean Air Act of 1963 (Pub. L. 88-206), as amended
in 1965 (Pub. L. 89-272) and in 1967 (Pub. L. 90-148),
shall be minimum standards under this ordinance and are
hereby made a part of this ordinance.
(50.1.3) Sec. 5.2- - Water Mist or Vapor. No person shall cause or allow to be
discharged into the air from any source water mist or vapor
of such density or opacity as to obscure an observer's
view in an area of human or vehicular movement or activity
to a degree equal to or greater than shade No. 1 on the
Ringelmann Chart.
(50.1.2) Sec. 5.3. ' - Visible Emissions Prior to January 1, 1974. Prior to
January 1, 1974, no person shall cause or allow to be dis-
charged into the air from any source any grey or black air
contaminant which is as dark or darker than shade No. 2 on
the Ringelmann Chart or of such density or opacity as to
obscure an observer's view to a degree equal to or greater
than shade No. 2 on the Ringelmann Chart.
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(50.1.2) Sec. 5.4. - Visible Emissions From and After January 1, 1974. From
and after January 1, 1974, no person shall cause or allow
to be discharged into the air from any source any grey or
black air contaminant which is as dark or darker than
shade No. 1 on the Ringelmann Chart or of such density or
opacity as to obscure an observer's view to a degree equal
to or greater than shade No, 1 on the Ringelmann Chart.
(51.5) Sec. 5.5., -Particulate Matter From Fuel-burning Equipment.
(a) General Provisions
(1) This section applies to installations in
which fuel is burned for the primary pur-
pose of producing heat or power by in-
direct heat transfer in which the products
of combustion do not come into direct con-
tact with other materials. Fuels include
those such as coke, coal, lignite, coke
breeze, fuel oil, and wood, but do not in-
clude refuse. When any products or by-
products of'a manufacturing process are
burned for the same purpose or in conjunc-
tion with any fuel, the same maximum emis-
sion limitations shall apply.
(2) The heat content of coal shall be determined
according to ASTM method D-271-64 Laboratory
Sampling and Analysis of Coal or Coke or
ASTM method D-2015-62T Gross calorific value
of solid fuel by the Adiabatic Bomb Calori-
meter, which publications are made a part
of this section by reference.
(3) For purposes of this section, the heat input
shall be the aggregate heat content of all
fuels whose products of combustion pass
through a stack or stacks. The heat input
value used shall be the equipment manu-
facturer's or designer's guaranteed maxi-
mum input, whichever is greater. The total
heat input of all fuel-burning units on a
plant or premises shall be used for deter-
mining the maximum allowable amount of par-
ti cul ate matter which may be emitted.
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(4) The amount of particulate matter emitted
shall be measured according to the Ameri-
can Society of Mechanical Engineers' Power
Test Codes - PTC-27 dated 1957 entitled,
"Determining Dust Concentrations in a Gas
Stream," which publication is made a part
of this section by reference.
(5) The Health Officer may modify this testing
procedure or specify the use of more current
procedures in accordance with good profes-
sional practice.
(b) emission Limitations
(1) No person shall cause or allow to be dis-
charged into the air particulate matter in
the gases from any fuel-burning equipment
in excess of the quantity set forth in the
following table:
Maximum allowable rate of
emission of particulate
Heat input, millions matter, pounds per million
of British thermal British thermal units of
units per hour. heat input.
10 or less 0.600
50 0.412
100 0.352
500 0.242
1,000 0.207
4,000 0.150
8,000 0.102
10,000 0.0904
15,000 0.0717
20,000 0.0607
40,000 0.0409
50,000 0.0358
100,000 0.0243
(2) Maximum allowable emission rates for heat
input greater than 10 million BTU per hour
but less than 4000 million BTU per hour shall
be determined by using the equation
Y = 1.02 X "°-231;
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maximum allowable emission rates for heat
input equal to or greater than 4000 million
. BTU per hour shall be determined using the
equation
Y = 17.0 X"0'568,
where Y = allowable rate of emission in
pounds per million BTU and X = maximum heat
input in millions of BTU per hour.
(51.9) Sec. 5.6. - Refuse-burning Equipment and Incinerators.
(a) No person shall cause or allow particulate matter
in the gases from any refuse-burning equipment or
incinerator to be emitted into the air, or to
pass a convenient measuring point near the out-
let, in excess of:
(1) For refuse-burning equipment or incinerators
with a capacity less than 176 pounds per
hour, 0.40 pounds per hour of particulate
matter; and
(2) For all other refuse-burning equipment or
incinerators, not in excess of the allowable
rates of emission set out in Table I of this
ordinanace.
(b) No person shall cause or allow the emission of
particles of unburned or partially burned refuse
from any refuse-burning equipment or incinerator
which are large enough to be individually seen
in the air.
(50.1.1) Sec. 5.7. - Process Equipment or Process Operations. No person shall
cause or allow particulate matter in gases from any process
equipment or process operation (except that equipment cov-
ered by Section 5.9) to be emitted into the air, or to
pass a convenient measuring point near the outlet, in
excess of the rates of emission per hour calculated as set
out in Table II of this ordinance.
(2.0) Sec. 5.8. - Control Equipment. No person shall cause or allow parti-
culate matter in gases from any control equipment to be
emitted into the air in quantities in excess of the limita-
tions set forth in this ordinance for the equipment or
process being controlled.
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(51.4) Sec. 5.9. - Foundries.
(a) No person shall cause or allow particulate matter
in gases from any existing foundry to be emitted
into the air, or to pass a convenient measuring
point near the outlet, 1n excess of the allowable
rates of emission set out in Table III of this
ordinance.
(b) "Existing foundries," for the limited purposes of
this section, shall mean and embrace physical
facilities in use on September 1, 1970.
(c) No person shall cause or allow particulate matter
in gases from all other foundries to be emitted
into the air, or to pass a convenient measuring
point near the outlet, in excess of the allowable
rates of emission set out in Table II of this
ordinance.
(50.6) Sec. 5.10. - Gaseous Emissions. No person shall cause or allow to be
emitted into the air, or to pass a convenient measuring
point near the outlet,
(a) Sulphur dioxides, in excess of that expressed by
the formula:
Em = 17.0 Qm ~°'33,
where Em = maximum allowable sulphur dioxide in the stack
gases in pounds per million BTU of heat input value of the
fuel; however, in no case shall more than six (6) pounds
of sulphur dioxide per million BTU of heat input be emitted
in the stack gases from any source. (Qm = total equipment
capacity rating, fuel heat input in millions of BTU per
hour.)
(b) Other gases. Emission standards for other gases
shall be added to this ordinance by amendment as
soon as they become available.
(2.0) Sec. 5.11. - Air Contaminants in a Localized Area. No person shall cause
or allow to be emitted into the air, from any source, an
air contaminant exposing persons in an area in which persons
1 i ve:
(a) which is deemed to be a nuisance by the Health
Officer; or
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(b) which is deemed a nuisance by at least fifty
percent (50%) or more 6f at least twenty-five
(25) persons exposed to the air contaminant; or
(c) which is deemed a nuisance by at least seventy-
five percent (75%) of those persons exposed to
the air contaminant, but not less than ten (10)
persons, if fewer than twenty-five (25) persons
are exposed to the air contaminant.
Kor purposes of this section, nuisances shall have the
meaning of anything which would essentially interfere with
the life or property of the reasonable man.
(12.0) Sec. 5.12. - Internal Combustion Engine.
(a) The Federal Clean Air Act of 1963 (Pub. L. 88-206),
as amended in 1965 (Pub. L. 89-272) and in 1967
(Pub. L. 90-148), provides for control of air
pollution from new motor vehicles beginning with
the 1968 model year. No person shall make or
cause to be made any changes or modifications
whatsoever to any control devices prescribed by
said Federal Clean Air Act which increases the
emission of air contaminants.
(b) No person shall operate, or cause to be operated,
in the County, any stationary or moving internal
combustion engine which emits air contaminants
in violation of the laws of the United States of
America or of the State of Indiana in effect, on
the effective date of this ordinance.
(c) No person shall operate, or cause to be operated,
in the County, any stationary or moving internal
combustion engine which emits air contaminants
of such opacity as to obscure an observer's view
to a degree as dark or darker than shade No. 1
on the Ringelmann Chart.
(51.13) Sec. 5.13.. - Open Burning.
(a) No person shall cause or allow open burning except
with the written approval of the Health Officer.
The Health Officer, in determining whether to
approve or disapprove open burning, shall take
into consideration the following:
(1) training of local fire department personnel;
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(2) training of-industrial fire department
personnel;
(3) controlled burning to eliminate a threat
to public health and welfare;
(4) controlled burning to prevent spread of fire.
(b) Raquests to the Health Officer for approval of spe-
cified open burning shall state the following in-
formation and such other information as the Health
Officer may require:
(1) the name, address and telephone number of
the person submitting the request and of
the owner of the premises;
(2) the type of business or activity involved;
(3) the description and exact location of the
burning site, equipment to be used, surround-
ing buildings and other improvements within
three hundred (300) feet, and operating pro-
cedures;
' (4) the schedule of burning operations;
(5) the type, quantity and composition of the
material to be burned.
(c) The Health Officer shall not issue approval until
he has received approval of such open bdrning from
a fire department having jurisdiction in the burn-
ing site. If the request for approval of open
i burning discloses that the proposed burning is
connected with or arises out of an agricultural
act or occurrence, the Health Officer shall con-
fer with the St. Joseph County Agricultural Ex-
tension Agent before giving his approval.
(d) The Health Officer may impose any reasonable re-
i strictions on open burning which are reasonably
required to prevent the creation of a nuisance
or hazard to the public.
(e) No person shall conduct or allow to be conducted
a salvage operation involving open burning, or
allow his property to be used for such open burning,
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(50.7) Sec. 5.14. - Nuisance Abatement.
(a) No person shall permit or cause the emission of
such quantities of air contaminants from what-
ever source in such place or manner as to be detri-
mental to any person or to the public or to en-
danger the health, comfort or safety of any per-
son or the public, or in such manner as to cause
or have a tendency to cause injury or damage to
property or business.
(b) No person shall permit or cause the handling,
transporting or disposition of any substance, or
material, which is likely to be scattered by air
movement, or is susceptible to being wind-borne,
without taking reasonable precautions or measures
to minimize air contaminants.
(c) No person shall permit or cause the operation,
existence or maintenance of any premises, open
area, right of way, storage pile of substances
or materials, vehicles, construction, altera-
tion, demolition, or wrecking operation, or any
other activity which involves any substance or
material likely to be scattered by air movement,
or is susceptible to being wind-^borne, without
taking reasonable precautions or measures to
minimize air contaminants.
(d) Nothing in any section of this ordinance shall in
any manner be construed as authorizing or legal-
izing the erection or maintenance of a nuisance,
(e) Each day wherein a violation of this section may
occur shall constitute a separate offense. Acts
or omissions made unlawful by this section may
be ordered abated by the Health Officer. Such
abatement may be in addition to the penalties
provided in this ordinance.
(f) Upon the refusal of any person to obey the order
of abatement of the Health Officer or the non-
action of any person to the order of abatement
of the Health Officer under this section, the
Health Officer shall have power and authority to
attempt to enforce such orders of abatement in
an action in the Circuit or Superior Courts of
the County at law or in equity.
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(2.0) Sec. 5.15. - Exceptions. The following equipment, systems or situations.
are exempted from the penalties and orders provided in
this article:
, *
(a) Emissions in violation of this article due to
breakdown of any process, fuel-burning, refuse-
burning or control equipment which is properly
registered with the Health Officer under the
provision of Article III, which breakdown is
(1) reported to the Health Officer before close
of business on the next succeeding working
day;
(2) corrected with all practicable speed;
(3) steps are taken to reduce the frequency
and degree of such breakdown; and
(4) a complete written report of the breakdown
and action taken to prevent a reoccurrence
is submitted to the Health Officer within
ten (10) days.
(b) Cleaning of control equipment which does not
require a shutdown of equipment if, but only if,
the matter emitted is in excess of the limitations
of this Article V for less than five (5) minutes
in any continuous sixty (60) minute period.
(c) Starting a new fire, provided that such excessive
emissions do not exceed ten (10) minutes on one
(1) occasion per day.
(d) Equipment used for the domestic cooking of foods
for human consumption.
(e) Recreational fires consuming only dried wood or
charcoal.
ARTICLE VI
(15.0) Violation Procedures.
(16.0)
Sec. 6.1. - Notice of Violation and Hearing. Whenever the Health
Officer has reason to believe that a violation of any
provision of this ordinance has occurred, the Health Of-
ficer may cause written notice to be served upon the
alleged violator or violators. The notice shall specify
the provision of this ordinance alleged to be violated,
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and the facts alleged to constitute a violation thereof,
and may include an order that necessary corrective action
be taken within a reasonable time. Any such order shall
become final unless, no later than fifteen (15) days after
the date the notice and order are served, the person or
persons, or entity, named therein request in writing a
hearing before the Health Officer. Upon such request, the
Health Officer shall hold a hearing. In lieu of an order,
the Health Officer may require that the alleged violator
or violators appear before the Health Officer for a hear-
ing at a time and place specified in the notice and answer
the charges complained of, or the Health Officer may in-
itiate action pursuant to Article VIII of this ordinance.
Sec, 6.2. - Procedure After Hearing. If, after a hearing held pur-
suant to Section 6.1 of this ordinance, the Health Officer
finds that a violation or violations have occurred, the
Health Officer shall affirm or modify the order previously
issued, or issue an appropriate order or orders for the
precaution, abatement or control of the alleged violation
or for the taking of such other corrective action as may
be appropriate. If after hearing on an order contained
in a notice, the Health Officer finds that no violations
are occurring, he shall rescind the order. Any order
issued as part of a notice or after hearing may prescribe
the date or dates by which the violation or violations
shall cease and may prescribe timetables for necessary
action in preventing, abating or controlling alleged vio-
lation.
Sec. 6.3. - Voluntary Compliance. Nothing in this ordinance shall
prevent the Health Officer from making efforts to obtain
voluntary compliances through warning, conference or any
other appropriate means.
Sec. 6.4. - Continuing Violations. A violation occurring in a calendar
day shall constitute an occurrence constituting one vio-
lation. Each day a violation continues shall constitute
i a separate violation.
ARTICLE VII
(5.0) Variances.
Sec. 7.1. - Variance. Where emission sources in existence prior to
! the effective date of this ordinance do not comply with
the emission limitation standards of Article V, a program
to comply with such standards shall be developed and pre-
sented to the Health Officer by the owner or operator of
the equipment, device or premises causing the emission.
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Such program shall be submitted upon the request of and
within the time limit as shall be fixed by the Health
Officer, and after said program has been approved by the
Health Officer, the owner and operator of such equipment,
device or premises shall not be in violation of this
ordinance so long as such program is followed. In evalu-
ating such program, the Health Officer shall take into
consideration the following:
(a) efficiency of any existing control equipment
relative to that which would be required to meet
the standards of Article V;
(b) temporary or interim control measures intended
to minimize existing pollution levels;
(c) the effect the emission has on pollution gen-
erally or in the immediate vicinity of the source
thereof;
(d) the degree of control in relation to other similar
sources which produce pollution; and
(e) the age and prospective life of the source in
question.
Reports indicating the progress of the program shall be
submitted on January 15 and July 15 of each year to the
Health Officer by the owner or operator of the equipment,
device or premises causing the emission in question. If
progress under the program is deemed by the Health Officer
to be in violation of such program, the Health Officer may
suspend the program and issue a violation notice and order.
Such variances shall be for a period of time not in excess
of three (3) years.
Sec. 7.2. - Special Variances. The Health Officer shall have the
authority to grant special variances, upon written appli-
cation, from registration requirements of Article III, from
the inspection and testing provisions of Article IV and
from the emission limitation standards of Article V. Such
. special variances shall be for a period of time not in
excess of one (1) year. The only reason for granting such
special variances is the following:
(a) the emissions occurring or proposed to occur do
not endanger or tend to endanger human health or
safety, and
(b) compliance with this ordinance would produce
serious hardship without equal or greater benefits
to the public.
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ARTICLE VIII
(15.0) Penalties.
Sec. 8.1. - Penalties.
(a) Any person who violates any of the provisions of
this ordinance shall upon conviction thereof,
pay a fine of not less than ten dollars ($10.00)
nor more than one thousand dollars ($1,000.00)
for each violation, to which may be added impri-
sonment for a term not to exceed ninety (90) days.
(b) Each day's violation shall constitute a separate
offense, and an unlawful emission from each chim-
ney, smokestack, open fire or other point of
i emission shall also constitute a separate offense.
A separate offense shall be committed on each day
on which such person shall continue or permit to
be continued any such violation after the date on
which the Health Officer's order is made final in
accordance with Article VI.
(c) Any abatement in accordance with Section 5.14 shall
be in addition to any penalties prescribed in
this Article VIII.
I •
ARTICLE IX
(2.0) Persons Liable.
•*
Sec. 9.1. - Persons Liable. All persons owning, operating or in charge
or control of any equipment, device or premises who shall
cause, suffer, allow, permit, or participate in any viola-
tion of this ordinance shall be individually and collec-
tively liable for any penalties imposed by Article VIII.
This liability shall include any person who shall refuse
to comply with or who shall assist in the violation of any
of the provisions of this ordinance.
ARTICLE X
(2.0) Sealing.
Sec. 10.1. - Sealing. After delivering three (3) notices of violation
of this ordinance to a person within any twelve (12) month
period, the Health Officer shall then notify the violator
by registered mail to come before the Health Officer on a
day and time certain not less than five (5) days after
date of such registered mail notice for a hearing and to
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show cause why the premises causing such violation should
not be sealed. The said notice shall be directed to the
last known address of the person responsible for the last
violation,, or, if the person or his whereabouts is unknown,
then the notice shall be posted on the premises at which
the violations have occurred. If, upon consideration of
the evidence, the Health Officer finds that adequate cor-
rective measures have not been taken, he shall seal the
equipment or premises until corrective measures are taken.
It shall be unlawful for any person to break or cause to
be broken a seal that has been duly affixed by the Health
Officer or his authorized representative unless authorized
in writing to do so by the Health Officer.
ARTICLE XI
(2.0) Fees.
Sec. 11.1. - Registration Fees. The Health Officer shall collect a fee
of ten dollars ($10.00) for the registration of each plant
site in accordance with Article III. The Health Officer
shall collect a fee of five dollars ($5.00) for each change
or amendment of registration in accordance with Article III;
provided, however, that there shall be collected in. any
calendar year no more than ten dollars ($10.00) per regis-
"trant for such changes or amendments.
Sec. 11.2. - Variance. The Health Officer shall collect a fee of twenty-
five dollars ($25.00) along with the application for any
variance under Article VII.
Sec. 11,3. - Appeals to Appeals Board, The Health Officer shall collect
a fee of .twenty-five dollars ($25.00) for the filing of
an appeal to the Appeals Board under Section 2.4.
Sec. 11.4. - Copies of Record of Appeals. The Health Officer shall
collect a fee of one dollar ($1.00) per page for copies
of the record of appeals before the Appeals Board.
Sec. 11.5. - County Health Fund. All fees collected by the Health Of-
, ficer in accordance with this Article XI shall be paid
semi-annually on May 31 and November 30 of each year to
the County's Auditor for credit to the County's Health Fund.
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(2.0) Severability.
Sec. 12.1.
(8.0) 'Emergencies,
Sec. 13.1.
Sec. 13.2:
ARTICLE XII
Severability. If any clause, sentence, subparagraph,
section, article or part of this ordinance, or the appli-
cation thereof to any person, or circumstances, shall for
any reason be adjudged by a court of competent jurisdiction
to be unconstitutional or invalid, said judgment shall not
affect, impair or invalidate the remainder of this ordi-
nance, and the application of such provision to other
persons or circumstances, but shall be confined in its
operation to the clause, sentence, subparagraph, paragraph,
article, section or part thereof directly involved in the
controversy in which such judgment shall have been rendered
and to the person or circumstances involved. It is hereby
declared to be the intent of this body that this ordinance
would have been adopted had such invalid provisions not
been included.
ARTICLE XIII
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. Upon issu-
ance of any such order the Health Officer shall fix a place
and time, not later than twenty-four (24) hours thereafter,
for hearing to be held before the Health Officer. Not
more than twenty-four (24) hours after the commencement of
such hearing, and without adjournment thereof, the Health
Officer shall affirm, modify or set aside the order.
In the absence of a generalized condition of air pollution
of the type referred to in Section 13.1, 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, without regard
to the provisions of Article VI of this ordinance. In
such event, the requirements for hearing and affirmance,
modification or setting aside of orders set forth in Section
13.1 shall apply.
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Sec. 13.3. - Nothing in this Article XIII shall be construed to limit
any power which the Health Officer may have to declare
an emergency and act on the basis of such declaration, if
such power is conferred by statute or constitutional pro-
vision, or inheres in the office.
TABLE I
Maximum Allowable Particulate Emissions From
Refuse-Burning Equipment and Incinerators
Total Refuse Charged Allowable Emissions
Pounds per Hour Pounds per Hour
175 or less 0.40
200 0.45
250 0.56
300 0.67
400 0.88
500 1.10
750 1.61
1,000 2.14
2,500 5.20
5,000 10.15
7,500 15.10
10,000 19.50
20,000 39.00
50,000 95.05
100,000 186.20
Interpolation of the data in this table for refuse-burning
equipment and incinerators over 175 pounds per hour capacity
shall be accomplished by use of the equation
E = 0.00263 R°'97,
where E is the rate of emission in pounds per hour and R
represents refuse charged in pounds per hour.
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Allowable Rate of Emission Based
on Process Weight Ratel
Process
Weight
Rate :
Lbs/Hr Tons/Hr
100
200
i
400
600
800
1 ,000
, 1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
6.00
Rate of
Emission
Lbs/Hr
0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
10.40
11.20
12.00
13.60
Process
Weight
Rate
Lbs/Hr
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000
Tons/Hr
8.00
9.00
10.00
15.00
20.00
25.00
30.00
35.00
40.00
45.00
50.00
60.00
70.00
80.00
100.00
500.00
1,000.00
3,000.00
Rate of
Emission
Lbs/Hr
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7
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'Interpolation of the data in this table for process weight rates
up to 60,000 Ibs/hr shall be accomplished by use of the equation
E = 4.10 P0-67,
and interpolation and extrapolation of the data for process weight
rates in excess of 60,000 Ibs/hr shall be accomplished by use of
the equation
E = 55.0 P0'11-40,
where E = rate of emission in Ibs/hr and P = Process weight in
tons/hr.
Allowable Emissions from Foundry Cupolas
(Existing Emission Sources)
Allowable Emission
Process Weight Rate of Particulate Matter
lbs/Hr Lbs/Hr
1,000 3.05
2,000 4.70
3,000 6.35
4,000 8.00
5.000 9.65
6,000 11.30
7,000 12.90
8,000 14.00
.9.000 15.50
10,000 16.65
12,000 18.70
16,.000 21.60
18,000 22.8C
20,000 24.00
30.000 30.00
40.000 36.00
50,000 42.00
60,000 48.00
70,000 49.00
80,000 50.50
90,000 51.60
100,000 . 52.60
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AIR QUALITY CONTROL ORDINANCE
FOR
VIGO COUNTY, INDIANA
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ARTICLE I
(2.0) GENERAL PROVISIONS
(2.0) Section 101:
SHORT TITLE.' This ordinance shall be known and cited as the "Air Quality
Control Ordinance."
(2.0) Section 102:
PURPOSE. This ordinance is designed to control air pollution by estab-
1 lishing the Division of Air Pollution Control within the Vigo County Health
Department and prescribing the duties of the Director of air pollution con-
trol, providing for investigation and abatement of violations of this ordi-
nance, providing for the establishment and enforcement of rules and regu-
lations, providing for an air pollution control board, providing for regis-
tration of air pollution sources, providing for inspections and tests of
process, fuel-burning, refuse-burning, and control equipment, establishing
limitations upon the emission of air pollutants, declaring emissions which
do not meet such limitations to be unlawful, prohibiting certain acts
causing air pollution or a public nuisance, providing for fines and penal-
'ties for violation of the provisions of this ordinance, and providing just
and adequate means by which the provisions of this ordinance may be exe-
cuted.
(1.0) Section 103:
DEFINITION OF TERMS. The following words and phrases when used in this
ordinance shall for the purpose of this ordinance have the meanings respec-
tively ascribed to them in this article, unless a different meaning is
clearly indicated.
(a) "Air Contaminant" Particulate matter, dust, fumes, gas, mist,
smoke or vapor, or any combination thereof, but excluding uncom-
bined water.
(b) "Air Pollution" The presence in the outdoor atmosphere of one or
more air contaminants in sufficient quantities and of such charac-
teristics and duration as to be injurious to human, plant, or
animal life or to property, or which unreasonably interfere with
the enjoyment of life and property.
(c) "Attorney" An attorney who is licensed to practice in Indiana.
(d) "Backyard Incineration" The burning of material originating on
the premises of single or two-family residences.
(e) "Board" The Air Pollution Control Board authorized by this
ordinance.
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(f) "Board of Health" Vigo County Board of Health.
(g) "City". City of Terre Haute, Indiana.
(h) "Cleaning Fires" Act of removing ashes from the fuel bed or
furnace.
(i) Combustible Refuse" Any combustible waste material.
(j) "Control Equipment" Any equipment which has as its primary
function the reduction or elimination of the emission of air
contaminants to the atmosphere.
(k) "City Council" City Council of the City of Terre Haute.
(1) "County Council" County Council of Vigo County.
(m) "County Commissioner" County Commissioner of Vigo County.
(n) "Department" The Vigo County Health Department.
(o) "Director" Director of the Division of Air Pollution Control o^
the Vigo County Health Department, or his authorized represent-
ative.
(p) "Division" The Division of Air Pollution Control of the Vigo
County Health Department.
(q) "Domestic Heating Plant" A plant generating heat for a single
family residence, or for two residences either in duplex or
double house form, or for multiple-dwelling units in which such
plant serves fewer than three apartments. Under this designa-
tion are also water heaters, stoves, and space heaters used in
connection with the foregoing establishments, or to heat temporary
buildings, such as used by the railroad and construction indus-
tries; provided however, that like equipment used in multiple-,
' dwelling units other than herein described, or used in permanent
buildings of commercial or industrial establishments, is not to
be construed as included under this designation.
(r) "Emission" The act of passing into the atmosphere of an air con-
taminant, or the material so passed to the atmosphere.
(s) "Engineer" A Professional Engineer who is registered in Indiana.
(t) "Fuel-Burning Equipment" Any equipment, device or contrivance ,
used for the burning of any fuel and all appurtenances thereto,
including ducts, breechings, control equipment, fuel-feeding
equipment, ash-removal equipment, combustion controls, stacks,
chi.mneys, etc., used for indirect heating in which the material
being heated is not contacted by and adds no substance to the
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products of combustion. Such equipment typically includes that
used for heating water to boiling; raising steam, or superheating
steam; heating air as in a warm air furnace; furnishing process
heat that is conducted through process vessel walls; and fur-
nishing process heat indirectly through its transfer by fluids.
(u) "Health Officer" The Health Officer of the Vigo County Health
Department.
(v) "Incinerators" All devices intended or used for the destruction
of refuse or other combustible matter by burning.
(w) "Mayor" The Mayor of the City of Terre Haute.
(x) "Objectionable Odor" An odor shall not be deemed objectionable
unless at least 50% of a random selected group of not less than
20 persons from the general public living or working in the
affected area and not associated with the problem, deem the odor
to be objectionable.
(y) "Opacity11 State of a substance which renders it partially or
wholly impervious to the rays of light. Opacity as used in this
ordinance refers to the obscuration of an observer's view.
(z) "Open Burning" Any fire from which the products of combustion
are emitted directly into the outdoor atmosphere without passing
through an effective stack.
(aa) "Particulate Matter" Any material, except water, that exists in
a finely divided form as a liquid or solid.
(bb) "Person" Any individual natural person, trustee, court appointed
representative, syndicate, association, partnership, firm, club,
company, corporation, business trust, institution, agency, govern-
ment corporation, municipal corporation, city, county, munici-
pality, district or other political subdivision, department,
bureau, agency or instrumentality of Federal, State, or local
government, contractor, supplier, vendor, installer, operator,
user or owner, or any officers, agents, employees, factors, or
any kind of representatives of any thereof, in any capacity,
acting either for himself, or any other person, under either per-
sonal appointment or pursuant to law, or other entity recognized
by' law as the subject of rights and duties. The masculine, femi-
nine, singular, or plural is included in any circumstance.
(cc) "Physdcian" A person who has an unlimited license to practice
medicine in Indiana.
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(dd) "Process Equipment" Any equipment, device, or contrivance for
changing any materials whatever or for storing or handling of
any materials, and all appurtenances thereto, including ducts,
stacks, vents, etc., the use or existence of which may cause
any discharge of air contaminants into the outdoor atmosphere,
but not including that equipment specifically defined as fuel*
burning equipment or refuse burning equipment in this ordinance.
i
(ee) "Process Weight" The total weight of all materials introduced
into any source operation. Solid fuels charged will be con-
sidered as part of the process weight but liquid and gaseous
fuels and combustion air will not.
(ff) "Process Weight Rate"
(a) For continuous or long-run, steady-state source operations,
the total process weight for the entire period of contin-
uous operation or for a typical portion thereof, divided
by the number of hours of such period or portion thereof.
(b) . For a cyclical or batch source operation, the total pro-
cess weight for a period that covers a complete operation
or an integral number of cycles, divided by the hours of
actual process operation during such a period.
(gg) "Refuse-Burning Equipment" Any incinerator, equipment, device,
or contrivance used for the destruction of refuse, and/or
other combustible wastes by burning, and all appurtenances thereto,
(hh) "Salvage Operations" Any operation conducted in whole or in
part for the salvaging or reclaiming of any product or material.
(ii) "Seal for Sealing Equipment or Premises" A device installed by
th,e Director so as to prevent use of the process, fuel-burning,
refuse-burning, or control equipment or premises causing the
violation or from which violations of this ordinance originate.
(jj) "Smoke" Small gas-borne particles resulting from incomplete
combustion, consisting predominantly, but not exclusively, of
carbon, ash, and other combustible material.
(kk) "Source Ooeration" The last operation preceding the emission of
an air contaminant, which operation:
(a) results in the separation of the air contaminant from the
process materials or in the conversion of the process
materials into air contaminants, and
(b) is not an air pollution abatement operation.
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(11) "Stack" Duct, chimney, flue, conduit, or opening arranged for
the emission into the outdoor atmosphere of air contaminants.
ARTICLE II
(2.0) ADMINISTRATIVE ORGANIZATION
(2.0) Section 201:
(15.0)
ADMINISTRATIVE ORGANIZATION AND ENFORCEMENT:
(a) This ordinance shall be effective territorially throughout Vigo
County, Indiana.
(b) The administration and enforcement of this ordinance shall be
conducted by the Division of Air Pollution Control, headed by a
Director, under the direction of the Health Officer. The adminis-
tration of the division shall be the responsibility of the Board
of Health.'
(c) There is hereby created in the Health Department the position of
Director of Air Pollution Control, He shall be appointed by the
Board of Health.
/
(d) The Director shall perform such duties as may be required of him
by the Health Officer relative to Air Pollution Control. He shall
have control of all matters and things pertaining to the work of
the Division, and shall supervise the execution of all laws, rules,
and regulations pertaining to air pollution as provided in this
ordinance.
(e) The Director shall be an engineer or physical scientist, a gradu-
ate of a recognized university or college, qualified by technical
training, and have at least two years experience in his field, or
in the theory and practice of construction and operation of fur-
naces, combustion devices, or in the theory and practice of air
pollution control and shall be qualified by education and experi-
ence to cooperate with scientific, educational and civic organi-
zations as well as government, industry, business and private
citizens interested in air pollution control.
(15.0) Section 202:
POWERS AND DUTIES OF THE DIRECTOR:
(a) Direct and administer the activities of the office and staff of
the Division of Air Pollution Control.
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(b) Receive and institute complaints. Investigate complaints to
determine their validity. Furnish person complained against with
all details, observations, and nature of the complaint, except the
identity of the complainants unless so ordered by the Board or
court of competent jurisdiction.
(c) Make inspections and tests of existing and newly installed air
pollution control equipment. Make inspections and observations
of general air pollution conditions. Record such investigations,
complaints, inspections, and observations.
(d) Administer the issuance of warning notices, citations, violation
notices and abatement orders required under the provisions of this
ordinance.
(e) Prepare and place before the Air Pollution Control Board for their
consideration proposals for additions or revisions to this ordi-
nance, or any other regulation pertaining to air pollution abate-
ment.
(f) Encourage voluntary cooperation by persons or affected groups in
the preservation and restoration of the purity of the outdoor
atmosphere, and grant a reasonable time to comply with the provi-
sions of this ordinance.
(g) Collect and disseminate information on air pollution control.
(h) Work with planning and zoning agencies for the purpose of coordi-
nating activities under provisions of this ordinance and foster
the best possible management of the air resources.
(i) Cooperate and work with Federal, interstate, state, county, dis-
trict; municipal, and other agencies concerned with air pollution,
with regard to aerometric studies, abatement programs, public
complaints, and other matters to the end that the air resources
of Vigo County shall be best conserved and improved.
(j) Report to the Air Pollution Control Board with respect to recom-
mendations for needed additions or revisions of this ordinance.
(2.0) Section 203:
AIR POLLUTION INSPECTORS:
(a) Air Pollution inspectors shall be employees of the Division,
qualified by technical training in the theory and practice of the
construction and operation of combustion and process equipment or
in the theory and practice of air pollution control.
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(b) No person employed in the Division shall remain directly or in-
directly interested in the manufacture, lease or sale of fuel,
combustion or process equipment or gas cleaning devices, or other
smoke abatement or air pollution control equipment, or the appa-
ratus or devices connected therewith or any extensions thereof.
•
(c) The duties of the inspectors shall be to carry out the directions
of the Director in all matters relating to enforcement of this
ordinance, and to aid and assist the Director in the efficient
discharge of his duties. Inspectors may be authorized by the
Director to act as his agents with regard to the issuance of
warning notices, citations, violation notices or abatement orders,
(16.0) Section 204:
AIR POLLUTION CONTROL BOARD:
(a) An Air Pollution Control Board consisting of eleven members shall
be appointed as follows:
(!) Five members shall be appointed by City Government, The
Mayor shall appoint a retail businessman, a representative
of organized labor, an attorney and a physician. The City
Council shall appoint one member of the City Council.
(2) Six members shall be appointed by County Government The
County Commissioners shall appoint an engineer, a repre-
sentative of industry, a representative from the Vigo County
School Corporation, a housewife and one of the County Com-
missioners. The County Council shall appoint one member of
the County Council.
(b) The term of appointment of members shall be three years except
that of the initially appointed members. One member appointed by
the Mayor, two members appointed by the County Commissioners shall
initially serve for one year. Two members appointed by the Mayor,
one member appointed by the County Commissioners shall serve for
two years. The remaining members shall each initially serve for
three years. The following elected officials: A County Commis-
sioner, a County Councilman, and a City Councilman, shall be
Board Members in the positions stipulated for Councilman and a
County Commissioner only while serving in those offices.
Upon expiration of any term all succeeding terms shall be for a
term of three years. Any vacancy shall be filed by the original
appointing official or agency by appointment of a member having
the same interest designation as the former member.
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(c) The Air Pollution Control Board shall elect its own Chairman and
' Vice Chairman to serve for one year. A quorum shall consist of
a majority of the members of the Board. It shall meet at the
call of the chairman, and all members shall serve without compen-
sation. The Director shall serve as the secretary of the Board
without vote or membership.
(d) The Board shall hold at least four meetings annually and other
meetings at such additional times as may be called by the chair-
man. The chairman shall call a special meeting upon the written
request of at least three members of the Board. The Board shall
keep minutes of its proceedings which shall clearly show the
official actions of the Board and the vote of any member.
(e) Powers and Duties of the Board. The Board shall:
(1) Develop an effective and continuing program for the preven-
tion, abatement and control of air contaminants within Vigo
County by:
(da) Determining need for specific controls to achieve
and maintain air quality objectives,
(bb) Making and amending rules and regulations and setting
standards based on the need, technical feasibilityt
and economic practicability.
(2) Institute investigations, consider complaints, listen to and
decide on appeals, grant or deny variances, hold hearings,
issue orders, and authorize and direct appropriate enforce-
ment action, permitted by law and deemed necessary, to
achieve compliance with the rules and regulations pursuant
to this ordinance, taking into consideration:
(aa) The character and degree of injury or interference
with comfort, safety, health or the reasonable use
or enjoyment of property.
(bb) The social and economic value of the activity causing
the emission and
i
(cc) The practicability, both scientific and economic, of
reducing or eliminating the emissions resulting from
such activity.
t
(3) Adopt, amend or repeal as necessary standards, rules and
regulations under this ordinance which shall be incorporated
hereunder and made a part hereof and violations of which
shall be violations of this ordinance.
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(4) Maintain a register of violators.
(5)i List variances and compliance deadline.
(6) Exclude small sources of air contamination by establishing
practical minimum quantities of each air contaminant below
which neither control nor registration of the source of
emission will be required.
(7) Examine and approve or disapprove the reports, plans, and
specifications covered under the requirements of Section
401.
(8) Advise the Board of Health, at least annually, regarding
the Air Pollution Control Program.
ARTICLE III
(2.0) PROMULGATION OF RULES AND REGULATIONS. RIGHT OF APPEAL. AND VARIANCES
(5.0) ~~
(2.0) Section 301:
RULES AND REGULATIONS:
(1) Before any rule or regulation or standard is adopted by the Board,
the Beard shall cause a notice to be published in a newspaper of
general circulation printed and published in Vigo County, Indiana,
at least ten (10) days prior to the date set for a hearing. Such
notice shall include a statement of the time and place of said
hearing, a reference to the subject matter of the proposed rule(s)
or regulation(s) and reference to the fact that a copy of such
proposed rule(s) or regulation(s) is on file at the office of the
Air Pollution Control Board where it may be examined, provided,
however, that no rule(s) or regulation(s) shall be invalid because
the reference to the subject matter thereof in said notice may be
inadequate or insufficient. At least five (5) copies of said
proposed rule(s) or regulation(s) shall be on file in the office
of the Director from date of publication of said notice continu-
ously to the time of such hearing, and any interested person shall
be given an adequate opportunity to examine a copy of said pro-
posed rule(s) or regulation(s). On date set for hearing any
interested person shall be afforded an adequate opportunity to
participate in the formulation of the proposed rule(s) or regula-
tion(s) through the presentation of facts or. argument or the sub-
mission of written data or facts. All relevant matters presented
i ' shall be given full consideration by the Boa^d.
(2) In' case the Board desires to repeal, rescind or amend any rule(s)
or regulation(s) the same procedures shall be followed as is
provided in the preceding paragraph (1) for the adoption of
rule(s) or regulation(s).
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(16.0) Section 302:
HEARINGS:
(1) All hearings conducted by the Air Pollution Control Board shall
be open to the public. Any person may appear and testify at a
hearing, either in person or by a duly authorized representative
or attorney.
(2) The Air Pollution Control Board shall keep minutes of its pro-
ceedings showing the vote of each member upon each question, or
if he is absent or'failing to vote, indicating such fact and
shall also keep records of its hearings and other official actions.
(3) At the conclusion of such public hearing the Board may adopt
such rules and regulations or may provide for continuation of
such hearing as the Board may deem appropriate which further
hearing may be held without requirement of publication of notice.
There shall be published a notice once each week for two (2) con-
secutive weeks after each Board meeting at which rules or regu-
lations were adopted that the Air Pollution Control Board has
adopted certain rules and regulations, giving the number of the
same and the general title thereof and stating that copies thereof
are available for examination in the office of the Director ard
in the office of the County Clerk.
(4) After complying with requirements for publication such rules and
regulations shall become effective as adopted by the Board.
(2'.0) Section 303:
APPEALS:
(1) Any person may take an appeal to the Board if:
(a) They are taking exception to and are affected by any final
decision, ruling, requirement, rule or order.
(b) They make a request to the Director and he fails to act
upon request within ten (10) days.
(2) Such appeal shall be taken within fifteen (15) days by filing
with the Director a notice of appeal directed to the Board spe-
cifying the ground thereof and the relief desired. Such an
appeal shall act as a stay of the decision, ruling, requirement,
rule or order in question until the Board has taken final action
on the appeal. A fee of twenty-five ($25.00) shall be posted.by
Appellant at the time of the filing of the appeal to cover cost
of the hearing and this shall be refunded only if the appeal is
sustained. The Director whose action or failure to act is the
subject of the appeal shall forthwith furnish to the Board his
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information relating to the case. The Board shall not less than
ten (10) days after the date of the appeal set a date for the
hearing and shall give notice thereof by mail to the interested
parties. The Board may at its discretion grant a continuance.
(3) At the hearing any party may appear in person or by agent or
attorney and present evidence both written and oral pertinent
to the questions and issues involved and may examine and cross-
examine witnesses. The Board after hearing shall examine and
affirm, modify or reverse the decision, ruling, rule, order or
requirement or order action. The decision of the Board shall be
binding on the Appellant unless reversed by a court of competent
jurisdiction. Appeal to a court of competent jurisdiction may be
instituted within thirty (30) days.
(5.0) Section 304:
VARIANCES:
(1) In the event that the Board shall find that the compliance by a
particular person with the provisions of this ordinance or of
rules and regulations adopted by the Board pursuant to this ordi-
nance would result:
(a) •'n an arbitrary and unreasonably taking of property, or
(b) in a practical closing and elimination of any lawful busi-
ness, occupation or activity, or
(c) in an undue hardship upon the person without a sufficient
corresponding benefit or advantage to the public in the
reduction of air contamination, the Board shall prescribe
other and different requirements, not more burdensome than
the requirements of this ordinance or of the general rules
arid regulations adopted pursuant to this ordinance, appli-
cable to plants and equipment operated by such person;
provided, however, that no such variance may permit or
, authorize the maintenance of a nuisance.
(2) Such variance shall be granted only after a public hearing, notice
of which shall be published in the same manner as notice shall
be given before promulgation by the Board of any rules or regu-
lations, Section 301 of this Article. Any variance so given
shall be subject to such limitations as to time, and to such other
conditions or limitations, as the Board may prescribe at the time
of giving such variance. Any variance so given may be revoked
or modified by the Board by written order, after a public hearing,
notice of which shall be published in the same manner as notice
shall be given before promulgation by the Board of any rules or
regulations, held not more than ten (10) days after written notice
of said hearing and its purpose shall have been served on the
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person who will be subjected to greater restrictions if
such order is revoked or modified as proposed, and upon all other
persons who appear before the Board at the time of granting of'
such variance or who have filed with the Board a written request
for'such notification.
ARTICLE IV
(2.0) REGULATIONS
(13.0) Section 401:
REPORTS. PLANS AND SPECIFICATIONS:
Any person planning to construct a new installation which will or might
reasonably be expected to become a source of air pollution or make modi-
fication to an existing installation which will or might reasonably be
expected to increase the amount or change the effect or the character of
air contaminants discharged, so that such installation may be expected to
become a source of air pollution, or planning to install an air cleaning
device shall submit a report, plans, and specifications for approval prior
to initiation of construction. The following listed installations are
exempted from the submission of reports, plans and specifications:
/
(a) Comfort heating equipment, boilers, water heaters, air heaters.
and stearn generators with a rated capacity of less than one
million BTU per hour.
(b) Fuel-burning equipment and incinerators used singly or jointly
by occupants of dwellings containing four or fewer apartment units
(c) Comfort ventilating systems.
(d) Unit space heaters.
(e) Vacuum-cleaning systems used exclusively for commercial or resi-
dential housekeeping.
(f) Laboratory hoods which exhaust to outer air.
(g) Exhaust systems for controlling steam and heat.
Reports, plans and specifications filed for approval shall include the
fol1owi ng:
(a) Expected composition of effluent stream both before and after any
cleaning device, including emission rate, concentration, volume
and temperature.
(b) Expected physical characteristics of particulates.
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(c) Size, type and performance characteristics of air cleaning devices.
(d) The location and elevation of the emission point and other factors
relating to dispersion and diffusion of the air contaminant in
the cuter air, and the relation of the emission to nearby struc-
'tures; window openings, and other information necessary to
appraise the possible effects of the effluent.
(e) When necessary to ascertain compliance, the location of planned
sampling points and the tests to be made of the completed install-
ation by the owner.
(f) Any other reasonable and pertinent information that may be required
by the Board.
Any information relating to secret processes, methods of manufacture, or
production submitted in connection with reports, plans and specifications
Or testing shall be protected communications and shall not be released or
made public without the express permission of the person supplying the
information. The Board at its discretion, may accept in lieu of detailed
plans and specifications a certificate that the proposed air pollution
control device will operate in accordance withttie emission limitations of
,this ordinance.
(13.0) Section 402:
EMISSION INFORMATION: '
The Director may require written information regarding points of emission
of air contaminants, whether by stack, duct, flue, equipment, or by any
other means when necessary for the purposes of this ordinance. A period
of sixty days shall be allowed for the filing of such information. How-
ever, in cases of emergency, the Director may designate any lesser time
which he belives to be justified.
(13.0) Section 403:
CONTENT OF EMISSION INFORMATION:
The written information regarding points of emission may include the fol-
lowing information (approximate or estimated values will normally be accept-
able): the location of the source of emission, size of outlets, height of
outlets, rate of emission, composition of emission, temperature of effluent
or emission, nature of the equipment creating the emissions, and any other
pertinent information specified by the Director.
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(51.13) Section 404:
OPEN BURNING:
No person shall conduct a salvage operation by open burning except on
written approval of the Director. The Director may seek advice and guid-
ance of other local authorities before issuing such approval. No person
shall burn any combustible refuse in any open fire except as follows:
(a) Camp fires and fires used solely for recreation purposes where
such fires are properly controlled by a responsible person.
(b) Backyard incineration.
(c) Burning, on a farm, of rubbish derived from an agricultural
operation, when the prevailing winds, at the time of burning,
are away from populated areas and no nuisance is created.
(d) Open burning, in remote areas, of highly explosive or other dan-
gerous materials for which there is no other known method of
disposal or for special purposes when approved by the Director.
The exceptions apply in all areas where they are not prohibited
by local ordinances or by other officials having jurisdiction,
such as local fire officials,,
(50.1.2) Section 405:
SMOKE AND OTHER VISIBLE EMISSIONS:
The Ringelmann Chart shall be used for grading the light obscuring power
of smoke. No person shall operate any combustion installation so as to
produce, cause; suffer or allow smoke to be emitted, the appearance, den-
sity or shade of which is darker than No. 2 of the Ringelmann Chart. When
cleaning a fire or blowing tubes, smoke which is not darker than a No. 3
Ringelmann Chart may be emitted for a period or periods not exceeding .five
minutes in any 60 minute period, such emissions shall not be permitted on
more than six occasions during any 24 hour period. When building a new
fire, smoke not darker than a No. 3 Ringelmann Chart may be emitted not
to exceed ten minutes on one occasion per day. The Board, at its discre-
tion, may accept an extension of the time period and number of such time
periods per day. When a breakdown of equipment or a change of fuel results
in smoke darker than a No. 2 of the Ringelmann Chart, the Director shall
be notified as soon as possible. The opacity of any color equivalent to
the Ringelmann Chart may be used as prima-rfacie evidence in determining
process emissions but may be refuted by approved stack emission tests or
other evidence acceptable to the Board.
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(51.5) Section 406:.
COMBUSTION FOR INDIRECT HEATING:
Emission of participate matter from the combustion of fuel for indirect
heating shall be limited by ASME Standard No. APS-1, dated June 15, 1966,
"Recommended Guide for the Control of Dust Emission-Combustion for Indirect
Heat Exchangers." Two copies of ASME Standard No. APS-1 shall be on file
with the County Clerk. For purposes of this Regulation, the maximum allow-
able emission shall be calculated using equation (15) in this Standard with
a maximum downwind ground level dust concentration of 50 micrograms per
cubic meter for a 30 to 60 minute time period. Figure 2 in the Standard
may be used to estimate allowable emissions. However, irrespective of
stack height, the maximum allowable emission for any stack shall be 0.6
pounds for new equipment and 0.8 pounds for existing equipment of parti -
culates per million BTU input.
(50.1.1) Section 407:
PROCESS OPERATIONS:
No person shall operate any process so as to produce, cause, suffer or
.allow particulate matter to be emitted in excess of the amount shown in
Table I. Exceptions are combustion for indirect heating, incinerators,
open burning, existing cement kilns, existing catalytic cracking units,
and existing foundries. When the process weight exceeds 200 tons/hour,
the maximum allowable emission may exceed that shown in Table I, provided
the concentration of particulate matter in the discharge gases to the
atmosphere is less than 0.10 pounds per 1,000 pounds of gases at. standard
conditions.
Existing cement manufacturing operations equipped with electrostatic pre-
cipitators, bag filters, or equivalent gas-cleaning devices shall be
allowed to discharge concentrations of particulate matter in accordance
with E = 8.6 pO.67 below 30 tons per hour of process weight and E = 15.0
pO.5 over 30 tons per hour of process weight.
Existing petroleum catalytic cracking units equipped with cyclone sepa-
rators, electrostatic precipitators, or other gas-cleaning systems shall
recover 99.97% or more of the circulating catalyst or total gas-borne
particulate.
(51.4) Section 408:
EXISTING FOUNDRIES:
No person shall operate any existing foundry so as to produce, cause,
suffer or allow particulate matter to be emitted in excess of the amount
shown on Table II. All new foundries shall not exceed the requirements of
Section 407.
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TABLE I
Allowable Rate of Emission Based on Process Weight Rate
1
Process Weight Rate
Lbs/Hr
100
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
Tons/Hr
1 0.05
0.10
0.20
. 0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
6.00
Rate of
Emission
Lbs/Hr
0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
10.40
11.20
12.00
13.60
Process Weight Rate
Lbs/Hr
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80 ,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000
•
Tons/Hr
8.00
9.00
10.00
15.00
20.00
25.00
30.00
35.00
40.00
45.00
50.00
60.00
70.00
80.00
100.00
500.00
1,000.00
3,000.00
Rate of
Emission
Lbs/Hr
16.5
17.9
19.2
25.2-
30.5
35,4
40.0
41,3
42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7
Interpolation of the data in this table for process weight rates up to
60,000 Ibs/hr shall be accomplished by use of the equation E = 4.10 p0.67,
and interpolation and extrapolation of the data for process weight rates in
excess of 60,000 Ibs/hr shall be accomplished by use of the equation E =
55.0 pO.ll -40, where E = rate of emission in Ibs/hr and P = process weight
rate in tpns/hr.
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TABLE II
Allowable Emissions from Foundry Cupolas
(Existing Emission Sources)
Allowable Emission
Process Weight Rate
Lbs/Hr
i
1,000
2,000
i
3,000
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
of Parti cul ate Matter
Lbs/Hr
3.05
4.70
6.35
8.00
9.65 .
11.30
12.90
14.00
15.50
16.65
18.70
21.60
22.80
24.00
30.00
36.00
42.00
48.00
49.00
50.50
51.60
52,60
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(51.9) Section 409:
INCINERATORS:
No person shall cause or permit the emission of particulate matter from
the stack or chimney of any incinerator in excess of the following:
(a) Incinerators with a maximum refuse-burning capacity of 1,000 or
more pounds per hour, 0.4 pounds of particulate matter per 1,000
pounds .of dry exhaust gas at standard conditions corrected to
50% excess air.
(b) All other incinerators, 0.7 pounds of particulate matter per
1,000 pounds of dry gas at standard conditions corrected to 50%
excess air.
(c) No incinerator shall emit or produce smoke in excess of the
requirements of Section 405. All new incinerators shall be
multiple chamber or equivalent incinerators.
(50.2) Section 410:
SULFUR OXIDES:
No person shall cause, let, permit, suffer or allow any emission of sulfur
oxides which results in ground level concentrations of sulfur oxides at
any given point in excess of 0,42 ppm (volume) in the period of any hour
and average exposure shall not exceed 0.1 ppm (volume) of sulfur oxide in
any 24 hour period.
(12.0) Section 41,1:
MOTOR VEHICLES-
No person shall operate, or cause to be operated, upon any street, highway,
public place or private premises within Vigo County, any engines of any
motor vehicle, while stationary or moving, which emits from any source of
emission whatsoever any air contaminant for a period or periods aggregating
more than five minutes in any one hour which is:
(a) As dark or darker than that which is designated as No. 2 on the
Ringelmann Chart, as published by the United States Bureau of
Mines, or
(b) Of such opacity as to obscure an observer's view to a degree
equal to or greater than does smoke described in subsection (a)
of this section.
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(50.1) Section 412:
(50.7)
NUISANCE AND AIRBORNE PARTICULATE:
(a) It shall constitute a nuisance for any person to permit or cause
the preventable emission of such quantities of air contaminants
from whatever source in such place or manner as to endanger the
health or safety of any person or the public, or in such manner
as to cause or have a tendency to cause injury or damage to
property or business. This provision shall specifically include
the incineration of garbage, rubbish, trash, or any other mate-
rial which produces smoke or noxious or offensive odors in such
quantity or of such duration as to interfere with the comfort-
able enjoyment of life or property or the conduct of business.
(b) It shall be unlawful for any person to cause or permit the han-
dling, transporting, or disposition of any substance or material
which is likely to be scattered by the wind, or is susceptible
to being windborne, without taking reasonable precautions o^
measures to minimize atmospheric pollution. It shall be unlawful
for any person to operate or maintain or cause to be operated or
maintained, any premises, open area, right of way, storage pile
of materials, or vehicles, or construction, alteration, demoli-
tion, or wrecking operation, or any other enterprise, which in-
volves any material or substance likely to be scattered by the
wind, or susceptible to being windborne, without taking reason-
. able precautions or measures to minimize atmospheric pollution.
No person shall maintain or conduct, or cause to be maintained
or conducted, any parking lot, or automobile and/or truck sales
lot, or use any roadway unless such lot or roadway is maintained
in such manner as to minimize atmospheric pollution.
(c) Nothing in any section of this ordinance relating to regulation
of emission of air contaminants shall in any manner be construed
as authorizing or legalizing the erection or maintenance of a
nuisance.
(50.6) Section 413:
i
EMISSION OF ODORS:
No person shall cause, suffer, allow or permit the emission of gaseous
materials in such quantities to cause an "objectionable odor."
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(8.0) Section 414:
EMERGENCY PROCEDURE:
Any other provision of this ordinance to the contrary notwithstanding,
if the Director finds that emission 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
and such an order shall fix a place and time not later than twenty-four
hours thereafter for a hearing to be held before the Board. No more
than twenty-four hours after the commencement of such a hearing, and
without adjournment thereof, the Board shall affirm, modify or set aside
the order of the Director. Nothing in this article shall be construed
to limit any power which the Health Officer 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.
(7.0) Section 415:
BREAKDOWN OF EQUIPMENT:
'Emissions exceeding any of the limits established in Article IV as a
direct result of upset conditions in or breakdown of any process, fuel
burning, refuse burning or control equipment or related operating equip-
ment beyond the control of the person owning or operating such equipment
shall not be deemed to be in violation of Article IV provided that the
owner or operator advises the Director of the circumstances as soon as
possible. A corrective program, mutually acceptable to the Director and
to the owner ,or operator, shall be outlined as soon as time permits.
(2.0) Section 416:
CIRCUMVENTION:
No person shall build, erect, install or use any article, machine, equip-
ment or other contrivance, the sole purpose of which is to conceal an
emission; however, the use of chemical masking agents shall be permis-
sible to control objectionable odors other than those which are harmful
• •' • to health. '
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ARTICLE V
(9.0) SAMPLING AND TESTING
(15.0) Section 501:
RIGHT OF ENTRY FOR INSPECTION:
Any person who in any manner hinders, obstructs, delays, resists, prevents,
or in any manner interferes or attempts to interfere with the Director,
inspector, or police officers in the performance of their duties, or by
refusing entrance at reasonable hours to any premises in which the pro-
visions hereof are being violated shall be subject to the fines and
penalties hereinafter provided.
(9.0) Section 502:
(15.0)
AUTHORITY TO CONDUCT TESTS:
The Director is hereby authorized to conduct any test or tests of any
facility the operation of which, in his opinion, may result in emissions
in excess of the limitations in this ordinance or when, in his judgment,
there is evidence that emissions from any such facility are exceeding any
'emission limitation prescribed in this ordinance. Upon notification by
the Director that emission tests are considered necessary, a person may
elect to conduct such test himself. In this event, the person shall
notify the Director of this decision and of the time and date of such
testing. All tests so conducted shall be in a manner mutually accept-
able to the Director, and owner or operator, and a complete detailed test
report of such tests shall be submitted to the Director. The Director
may stipulate that a representative of his office be present during the
conduct of such tests and may stipulate a reasonable time limit for the
completion of such tests. Nothing in this section concerning tests con-
ducted by and paid for by any person or his authorized agent shall be
deemed to abridge the rights of the Director or his representatives to
conduct separate or additional tests of any facility on behalf of the
County at a reasonable time and at the County's expense except as pro-
i vided in Section 504 below.
(9.0) Section 503:
TEST FACILITIES AND ACCESS:
It shall be the responsibility of the owner or operator of the operation
tested to provide, at his expense, reasonable and necessary openings in
the system or stack, and safe and easy access thereto, to permit techni-
cally acceptable samples and measurements to be taken. All new sources
of air contaminants erected after the effective date of this ordinance
may be required by the Director to provide adequate openings in the
system or stack, and safe and easy access thereto, to permit technically
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acceptable measurements and samples to be taken. If a person refuses
to supply test openings, access scaffolding, and other pertinent facilities
requested for the purpose of conducting technically acceptable emission
tests by the Director, the Director shall notify such person to show
cause before the Board on a day certain, not less than thirty nor more
than sixty days from the date of notice, why the equipment should not be
sealed.
(9.0) Section 504:
TEST COSTS:
If emission tests conducted as a result of procedures outlined in Section
502 substantiate the abatement order the person or persons liable for the
violation shall be responsible for paying all attendant costs for con-
ducting said tests. If said tests do not substantiate the abatement
order issued, then the County shall be responsible for paying all attend-
ant costs for conducting said tests. (This latter condition shall not
obviate the owner's or operator's responsibilities set forth in Section
503.)
ARTICLE VI
(2.0) -EXISTING CONDITIONS
(2.0) Section 601:
EMISSION SOURCES:
Where emission sources in existence prior to the adoption of this ordinance
do not meet the emission limitations noted in Article IV above, then a
program and timetables to comply shall be submitted to the Board by the
owner of the equipment causing the emission. This program shall be sub-
mitted upbn the request of and within such times as shall be fixed by the
Director and/or Board and after said program has been approved by the
Board, the owner of the equipment causing the emission shall not be in
violation of this ordinance so long as said program is observed. In
evaluating such a program of improvement, the Board shall take into con-
sideration the following factors:
(a) Action taken to control atmospheric pollution within emission
limitations in effect prior to this ordinance.
(b) Efficiency of any existing control equipment relative to that
which would be required to meet emission limitations of this
ordinance.
(c) Temporary interim control measures intended to minimize
existing pollution levels.
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(d) The effect the source of emission has on ambient air quality
generally or in the immediate vicinity of the source.
(e) The degree of control in relation to other similar facilities
which produce air pollution.
(f) the age and prospective life of the facility in question.
Reports consisting of information required by the Board indicating the
progress of these programs shall be submitted annually to the Board by
the owner of the equipment causing the emission in question. If progress
of the program is deemed insufficient by the Board, they may suspend the
program and instruct the Director to issue a violation notice.
(51.2) Section 602:
BY-PRODUCT COKE PLANTS:
(a) The provisions of Article IV shall apply to by-product coke
ovens except as follows:
(1) When charging a battery of coke ovens smoke shall be per-
mitted from such battery of an appearance, density, or
shade darker than No. 2 of the Ringelmann Chart for a
period not more than ten minutes in any sixty minute
period.
(2) When pushing coke from a battery of coke ovens, smoke •
shall be permitted from such battery of an appearance,
density, or shade darker than No. 2 of the Ringelmann
Chart for a period not more than ten minutes in any
sixty minute period.
(b) Coke oven doors, frames, and ovens shall always be so maintained
that smoke or fumes darker than No. 2 of the Ringelmann Chart
shall not escape to the atmosphere.
(c) An annual report on progress of research and progress of emis-
sions from coke by-product plants shall be submitted to the
Board and as soon as methods of control are practical, in the
opinion of the Board, such controls shall be installed by the
plants.
(d) When controls are available for by-product coke plants and meet
the desires of paragraph c of this section, the limits imposed
in paragraph a-1 .and a-2 of the section will be voided.
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ARTICLE VI!
(2.0) LIABILITY
(2.0) Section 701:
PERSONS LIABLE:
All persons owning, operating, or in charge or control of any equipment
or premises who shall cause, suffer, allow, permit, or participate in
any violation of this ordinance shall be individually and collectively
liable for any penalties imposed by this ordinance. This liability shall
include any person who shall refuse to comply with or who shall assist
in the violation of any of the provisions of this ordinance.
ARTICLE VIII
(15.0) PROCEDURES FOR VIOLATIONS
(15.0) Section 801:
VJARNIN6 NOTICE
xlf the Director has reason to believe that an emission from any source
'violates any provision of this ordinance, he may issue a warning notice
to the owner or operator of the source in question. The notice shall
describe the alleged violation and, if appropriate, shall suggest what
should be done to comply. There shall be no penalty associated with a
warning notice. The Director shall provide for follow-up inspections of
each source for which a warning notice has been issued to determine
whether compliance has been achieved or if additional procedures of this
article should be envoked.
(16.0) Section 802:
VOLUNTARY HEARING
The Director shall be permitted to arrange voluntary hearings with suspected
or potential violators for the purpose of promoting compliance with the
provisions of this ordinance. There shall be no penalty associated with the
failure to attend a voluntary hearing.
i
(15.0) Section 803:
CITATION
If evidence of a violation of Sections 411 or 412 of this ordinance is
brought to the attention of the Director, or if any member of the Department
observes a violation, the Director may issue a citation to the owner or
operator of the source in question. The citation shall describe the viola-
tion, state the penalty established according to Article IX, and list the
appellate procedures as defined by this ordinance. A citation may be issued
without the prior issuance of a warning notice.
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(15.0) Section 804:
VIOLATION NOTICE
If the Director has evidence which indicates that an emission from any source
violates any provision of this ordinance, he may issue to the owner violates
any provision of this ordinance, he may issue to the owner or operator of the
source in question a violation notice. Any person who is issued a violation
notice may, within fifteen days from the date of receipt of said notice,
request a hearing before the Board with respect to such notice for the pur-
pose of indicating reasons why he does not believe he was in violation. The
Board shall, within fifteen days after the hearing, affirm, modify or withdraw
the violation notice. The person receiving said notice shall be informed, in
writing, of the decision to affirm, modify, or withdraw. If a hearing is not
requested within the time herein set out, or if the Board's decision is to
affirm the violation notice, the violation notice shall be considered still
in force and affirmed, except that the period of compliance shall be extended
for the period expended in the application for and prosecution of the hearing
before the Board,
(2.0) Section 805:
ABATEMENT ORDER
If the Director has evidence which indicates that an emission from any source
/continues to violate any provision of this ordinance, he may issue to the
owner or operator of the source in question an abatement order. Any person
who is issued an abatement order may, within fifteen days from the date of
receipt of said notice, request a hearing before the Board with respect to
such notice for the purpose of indicating reasons why he does not believe
he was in violation. The Board shall, within fifteen days after the hearing,
affirm, modify or withdraw the abatement order. The person receiving said
notice shall be informed, in writing, of the decision to affirm, modify, or
withdraw. If a hearing is not requested within the time herein set out, or
if the Board's decision is to affirm the abatement order, the abatement
order shall be considered still in force and affirmed, except that the period
of compliance shall be extended for the period expended in the application
for and prosecution of the hearing before the Board. An abatement order shall
not be issued unless a warning notice has previously been issued.
(2.0) Section 80,6:
SEALING
After the expiration of the final date set for compliance in an abatement
order and if the Director should determine that the owner or operator of the
equipment which is subject of the abatement order has not taken any steps to
comply therewith, he may notify such owner or operator to show cause before
the Board within 10 days why the equipment which is the subject of the abate-
ment order shall not be sealed. The notice shall be delivered or sent, by
registered mail, to the last known address of the person to be notified or if
the person or his whereabouts is unknown, then the notice shall be posted on
or near the premises at which the equipment which is the subject of the
abatement order is located. Upon order of the Board and after a 72 hour
-------
waiting period, the Director shall seal the equipment concerned until such
time as .measures satisfactory to the Board have been taken to comply with
the original abatement order. It shall be unlawful for any person to break
a seal that has been duly affixed by the Director or his authorized repre-
sentative unless authorized in writing by the Director or the Board to do so.
ARTICLE IX
(15.0) PENALTIES.FOR VIOLATIONS
(15.0) Section 901:
SEPARATE OFFENSE
Each day's violation of any provision of this ordinance shall constitute a
separate offense; and an unlawful emission from each chimney, stack, open fire,
or other source shall also constitute a separate offense. A separate and
distinct offense shall be regarded as committed each day during which a person
shall continue or permit any violation to exist after notification thereof by
the Director.
(15.0) Section 902:
PENALTIES
a) Any perso,h who shall receive a citation as defined by Section 803 of this
'ordinance may, within 72 hours after receiving such citation, report to the
Vigo County Health Department, Division of Air Pollution Control, and pay the
sum of $10.00 as penalty for and in full satisfaction of the violation for
which such citation was issued. The failure of any person to make such
payment within 72 hours shall render such person subject to penalties as
provided in Section 902b of this ordinance, b) Unless another penalth is
expressly provided herein, any person who shall violate any provision of this
ordinance shall be guilty of a misdemeanor and, upon conviction, shall be
subject to a fine of not less than $10.00 nor more than $500.00 for each vio-
lation, to which may be added imprisonment for any determinate period not to
exceed 180 days. Each day the Court may find the defendant in violation cf
this ordinance shall be a separate offense. The Division of Air Pollution
Control of the Vigo County Health Department shall be represented by the county
attorney or a special attorney employed by the County and local health board.
ARTICLE X
(2.0) SEVERABILITY
Section 1001 :•
SEVERABILITY
If any clause, sentence, paragraph or part of this ordinance, or the applica-
tion thereof to any person, firm, corporation or circumstances, shall for any
reason, be adjudged by a Court of competent jurisdiction to be inconstitutional
or invalid, said judgement shall not affect, impair or invalidate the remainder
of this ordinance, and the application of such provision to other persons,
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firms, corporations, or circumstances, but shall be confined in its operation
to the clause, sentence, paragraph or part thereof directly involved in the
controversy in which such judgment shall have been rendered and to the person,
firm, corporation or circumstances involved.
ARTICLE XI
(2.0) REPEAL CLAUSE
Section'1101:
REPEAL CLAUSE
All laws and parts of laws heretofore passed by the County Commissioners of
Vigo County in conflict herewith, dealing with the problem of air pollution
are hereby repealed.
ARTICLE XII
(2.0) ADOPTION
Section 1201:
.ADOPTION-'.
This ordinance shall be in full force and effect from and after its passage,
approval and adoption by the Board of Commissioners of Vigo County, State of
Indiana.
Passed, approved and adopted by the Board of Commissioners of Vigo County,
State of Indiana, on this 26th day of MARCH, 1970.
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CITY OF ANDERSON
AIR POLLUTION CONTROL REGULATIONS
ARTICLE I
(2.0) GENERAL PROVISIONS
(2.0) Section 1.1:
SHORT TITLE. This Ordinance shall be known and cited as the "Air Quality
Control Ordinance."
(2.0) Section 1.2:
PURPOSE. The purpose of this Ordinance is to determine control and regu-
lation of activities which are causing or may.cause pollution or contami-
nation of the air, and as required for the protection and preservation of
public health, safety, and welfare. It is the intent and purpose of this
Ordinance to provide and maintain such standards of air quality as will
assure that the ambient air of the City will be adequately pure and free
from smoke, contaminants, or synergistic agents injurious to human, plant,
and animal life or property, or which interfere with the comfortable
/enjoyment of life or property, or the conduct of business, and to that
end to require the use of all available, practicable and reasonable
methods to prevent and control air pollution in the City.
(1.0) Section 1.3:
DEFINITION OF TERMS. The following words and phrases when used in this
Ordinance shall for the purpose of this Ordinance have the meaning respec-
tively ascribed to them in this article, unless a different meaning is
clearly indicated.
1. "Air Contaminant." Any coarse and fine solid particles, liquid
particles, vapors, fumes, odors, or gases which are discharged
into the outdoor atmosphere, but excluding uncombined water.
2. "Air Pollution." The discharge of air contaminants into the
outdoor atmosphere in amounts and at rates in excess of the
allowable as legally established by this ordinance, or in suffi-
cien,t amount to create a nuisance and/or health hazard in the
community.
3. "Air Sampling." Ambient air sampling to determine the effects
of the program of air pollution control.
4. "Odor." An odor shall not be deemed objectionable unless at
least fifty percent of a random selected group, of not less than
twenty persons from the general public living or working in the
affected area and not associated with the problem deem the odor
to be objectionable.
i
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5. "Ashes." Includes cinders, fly ash or any other solid material
resulting from combustion including burnable particles.
6. "ASME." The American Society of Mechanical Engineers.
7. "ASTMJ1 The American Society for Testing and Materials.
8. "Emission." The act of passing an air contaminant into the at-
mosphere, or the material passed to the atmosphere.
9. "Incinerators." All devices intended or used for the destruction
of refuse or other combustible refuse by burning.
10. "Opacity." The light-obscuring power of smoke that results in
a visible plume in the air.
11. "Particulate Matter." Any material, except water, that exists
in a finely divided form as a liquid or solid capable of being
suspended in the atmosphere for a period of time.
12. "Person." Any individual, partnership, co-partnership, firm,
company, corporation, association, joint stock company, trust,
estate, governmental entity of any other legal entitv, or their
legal representatives, agents, or assigns.
13. "Smoke." Small gas-borne particles resulting from incomplete
combustion, consisting predominantly, but not exclusively, of
carbon, ash, and other combustible material, that forms a visible
plume in the air.
ARTICLE II '
(2.0) Section 2.1:
AREA COVERED
A. The City of Anderson and that area within four miles from the
corporate boundaries of the City shall constitute the juris-
dictional area of this ordinance.
B. The Clean Air Council may appoint and prescribe the duties and
fix the compensation of a Director pursuant to Section 2.4, The
compensation of the Director and all other employees, however,
shall be in conformity to and in compliance with salaries and
compensation there-to-fore fixed by the Common Council. The Clean
Air Council may make contracts for special or temporary services
and any professional counsel.
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C. The Clean Air Council shall be the sole authority in the employ-
ing of a Director pursuant to Section 2.4 and shall have the
right to terminate a Directors term of office by the giving of
a 60-day notice at the required April, July, January, October,
or special meeting of the Clean Air Council.
D. There is hereby created the Department of Air Pollution Control
which shall be organized by the Director who shall have control
of all matters and things pertaining to the work of the Department.
E. The administration and enforcement of this ordinance shall be
the sole responsibility of the Director, except that he shall not
have the right to decide appeals from any of his decisions, rulings,
determinations or orders, or to grant variances from regulations
established by Anderson City Ordinances pursuant to Section 2.5.
F. The Director shall be qualified by technical training and have
at least three years experience in the theory and practice of
construction and operation of furnaces and combustion devices or
in the theory and practice of air quality control and shall be
qualified by education and experience to co-operate with scien-
tific, educational and civic organizations. Applicants who are
graduate engineers, registered in the State of Indiana, shall be
given preference for the position of Director, other qualifica-
tions being considered equal.
(15.0) Section 2.2:
POWERS AND DUTIES OF THE DIRECTOR
A. He shall be the immediate authority responsible for the estab- .
lishing of a functioning program of air pollution control in
accordance with the intent and provisions of this ordinance.
B. The Director shall receive and act on all complaints against
all persons for violating any provision of this ordinance except
as limited by Section 2.5.
C. Action en complaints against persons for violating any provi-
sion of this ordinance shall include the requirement that the
accused person shall conduct such tests as are necessary, in the
• opinion of the Director, to determine the kind and/or amount of
air contaminant emitted from the equipment or control apparatus.
Such tests shall be made at the expense of the accused person,
if found in violation; if tests show person is not in violation,
expense of testing shall be borne by ARC.
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D. He shall institute necessary legal proceedings against the
person whose process equipment fuel-burning or refuse-burning
equipment or control apparatus operation fails to comply with
state regulations or the ordinances of the City of Anderson as
regards allowable emissions into the outdoor atmosphere.
E. He must examine and approve or disapprove the plans for fuel
and refuse-burning equipment, process equipment and control ap-
paratus to be installed, constructed, reconstructed, or altered
or added to when such construction or replacement may change
the quality, nature, or quantity of air contaminants.
F. The applicant for a certificate to operate, or any renewal
thereof, shall be required to conduct such tests as are necessary
in the opinion of the Director to determine the kind and/or
amount of air contaminant emitted from the equipment or control
apparatus. . Such tests shall be at the expense of the applicant
and shall be conducted in a manner approved by the Director.
G. He shall be required to investigate complaints of ambient air
pollution and record such investigations, complaints, inspections,
and observations and/or test results.
H. He shall approve or reject applications for, and administer the
issuance of, Certificates to Operate, Permits to install, con-
struct, or alter, as required under the provisions of this
ordinance.
(9.0) Section 2.3:
AIR MONITORING.TECHNICIANS
A. A Clean Air Council shall be appointed by the Mayor as provided
for hereinafter. This Clean Air Council shall study the problem
of air pollution prevention and control within the City and
shall make recommendations to the Common Council concerning
needed standards and regulations consistent with the general
intent and purposes of this Ordinance. This Clean Air Council
shall establish and operate a Department of Air Pollution Con-
trol by employing a Director of the Department of Air Pollution
Control, pursuant to Section 2.1.
B. T.he Clean Air Council shall consist of nine (9) members. One
member shall be a member of the Common Council and shall be
appointed by the President, subject to the approval of the
Council. The remaining members shall be appointed by the Mayor
with' the approval of the Common Council. Not more than two (2)
members of said Council shall hold any public office, elected
or appointed. Said Council shall include one each of the fol-
lowing;, a qualified graduate engineer registered in the State
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of Indiana, a physician who holds an unlimited license to prac-
tice medicine in the State of Indiana, a qualified representa-
tive of agriculture, a qualified practicing attorney licensed
to practice law in Indiana, a qualified representative of labor
unions, a qualified representative of industry, a qualified
graduate chemist,' and a qualified representative of the general
public. The terms of office shall be four (4) years except that
the terms of those first appointed shall expire as follows:
three at end of two years from date of this Ordinance
three at end of three years from date of this Ordinance
three at end of four years from date of this Ordinance
as designated by the Mayor at the time of appointment. The terms
of all members shall continue until their respective successors
have been duly appointed and qualified. If a vacancy occurs in
the membership, the Mayor, or in the case of the representative
from the Common Council, the Common Council President, as previ-
ously stated, shall appoint a member for the remaining portion
of the unexpired term created by the vacancy. In like manner,
they may remove any member for cause.
The Clean Air Council shall elect its own chairman on a yearly
basis. A quorum shall consist of a minimum of five (5) members
of the Clean Air Council, including the chairman. It shall meet
quarterly (January, April, July, October), and for special meet-
ings, at the call of the chairman, and all members shall serve
without compensation. The Director of the Department of Air
Pollution Control shall be an ex-officio member of the Clean Air
Council without the right to vote and shall act es secretary
thereof.
(16.0) Section 2.5:
APPEALS BOARD
A. An Ai»- Pollution Appeals Board is hereby created and shall con-
sist of three (3) members from the Clean Air Council as follows:
The engineer
The physician
The attorney
who shall serve on the Appeals Board during their terms of service
on the Clean Air Council, one of whom shall be designated by the
Mayor as chairman and two (2) of whom shall constitute a quorum.
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B. The Appeals Board shall convene monthly. The Appeal Board shall
have the power to grant variances from regulations established
by the Anderson City Ordinances and to decide appeals from any
decision, ruling, determination, or order made by the Director
of the'Department of Pollution Control, but not to decide in
conflict with existing state laws. All hearings conducted by
the Appeals Board shall be open to the public.
i !
C. The Appeals Board shall keep records of its hearings and of other
actions and shall provide a copy of these records to each member
of the Clean Air Council immediately following each meeting of
the Appeals Board. A copy of these records shall also be filed
with the Director of the Department of Air Pollution Control and
shall be a public record.
D, A majority of the Appeals Board is hereby vested with the fol-
lowing jurisdiction and authority:
(1) To decide appeals from any decision, ruling, regulation,
determination, or order made by the Director under this
ordinance.
(2) To decide all matters referred to it or upon which it
may be required to act under the provisions of this
ordinance.
E. Members of the Appeals Board shall be paid a per diem of Fifteen
dollars ($15.00) for each and every day, or part of a day, in
actual attendance at any meeting or hearing of the Appeals Board
which per diem shall be valid claim against the City of Anderson^
Department of Air Pollution Control, to be paid from the budget
appropriation of said Department.
(5.0) Section 2.6:
VARIANCE '
In the event that the Appeals Board shall find that the compliance by a
particular person with the provisions of this Ordinance or of rules and
regulations adopted by the Council pursuant to this Ordinance would result:
(1) in a arbitrary and unreasonable taking of property, or
(2) in a practical closing and elimination of any lawful businsss,
occupation or activity, or
i
(3) in an undue hardship upon any person
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(2.0)
without a sufficient corresponding benefit or advantage to the public in
the reduction of air contamination, the Board shall prescribe other and
different requirements, not more burdensome than the requirements of this
Ordinance or of the general rules and regulations adopted pursuant to
this Ordinance, applicable to plants and equipment operated by such person;
provided, however, that no such variance may permit or authorize the main-
tenance of a nuisance.
Such variance shall be granted only after a public hearing, notice of which
shall be published in the same manner as notice shall be given before pro-
mulgation by the Council of any rules and regulations. In addition, the
person requesting such variance shall— not less than fifteen (15) days
prior to the date of such hearing— either deliver personally or by regis-
tered or certified mail to the owner of all real estate located within
6,000 feet of the plant or equipment for which such variance is sought
(as the names of such owners shall appear on the latest bound records of
the appropriate township assessor), a notice setting forth the name of
the petitioner, the time and place of the hearing and a general descrip-
tion of the plant or equipment for which variance is sought and the nature
of the variance sought. Any variance so given shall be subject to such
limitations, as the Board may prescribe at the time of giving such variance.
Section 2.7:
APPEALS
Any person taking exception to and affected by any final decision,
ruling, requirement, rule, regulation, or order, or failure to
act within a reasonable period of time upon request of the Direc-
tor, may take an appeal to the Appeals Board established by this
Ordinance. Such appeal shall be taken within fifteen (15) days
after receiving notice of such decision, ruling requirement, rule,
regulation, or order, or failure to act within a reasonable
period of time upon request of the Director upon filing with the
Director a notice of appeal directed to the Appeals Board, spe-
cifying the ground thereof and the relief prayed for. A fee of
Fifty Dollars ($50.00) shall be posted by the appellant with
the Director, at the time of the filing of the appeal to cover
the costs of the hearing or appeal, which fee shall not be
refundable if he is found in violation. The Director shall
forthwith furnish to the Appeals Board all the papers in his
possession relative to the matter or appeal.
Within ten (10) days after the date of filing of the notice of
appeal, the Director shall set a date for the hearing, and shall
give notice thereof by mail to the interested parties. The
Appeals Board may in its discretion grant continuances. Such an
appeal shall act as a stay of the decision, ruling, requirement,
rule, regulation, or order in question until the Appeals Board
has taken final action on the appeal. At the hearing any party
may appear in person or by agent or attorney, and present written
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and oral evidence, and may examine and cross-examine witnesses.
All,testimony shall be given under oath. The Appeals Board,
after the hearing, shall affirm, modify, or reverse the decision,
ruling, requirement, rule, regulation, or order of the Director,
or order him to act. The decision of the Appeals Board shall be
binding on the parties, subject to judicial review as herein
provided.
C. The procedural provisions of the Administrative Adjudication and
Court Review Acts (Acts 1947, Chapter 365, Sections 1-30, P. 1451)
and all amendments and modifications thereof, and the Procedural
rules adopted pursuant thereof, shall apply a.nd govern all pro-
ceedings for the judicial review of final administrative decisions
hereunder and are adopted and incorporated herein by reference.
References in said Act to an agency of the State of Indiana shall
be deemed references to the Air Pollution Appeals Board of the
City of Anderson, and references in said Act to the Attorney
General shall be deemed references to the City Attorney.
D. The Appeals Board at its expense shall provide a Court Reporter
to take the testimony and preserve a record of all proceedings
before the Appeals Board. The notice of appeal, the notice of
hearing, all exhibits, documents, pleadings, and written motions
filed or admitted as evidence in the proceedings, tha transcript
of testimony adduced and the findings of fact and decision shall
constitute the complete and exclusive record of such hearing.
Any party to a hearing may obtain a typewritten transcript of
such record at his or her own expense.
E. The Appeals Board shall not be required to certify any record
or file any answer or otherwise appear in any proceeding for
judicial review unless the party filing an appeal deposits the
sum of ninety-five cents per page, which includes costs of cer-
tification. Failure on the part of the appellant to make such
deposit shall be grounds for dismissal of the action. Upon
judicial review the Chairman of the Appeals Board shall certify
the record.
ARTICLE III
(2.0) STANDARDS AND RECOMMENDED PRACTICES
Section 3.1:
ADOPTED STANDARDS OR RECOMMENDED PRACTICES
Where reference is made in this Ordinance to the standards or recommended
practices of national technical societies, associations, or other organi-
zations, such information shall form and be considered an integral part
of this Ordinance in the same manner and extent as if fully reproduced
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therein. No less than two copies of such standards or recommended prac-
tices of technical societies, associations, or other organizations» shall
be kept on file at all times in the office of the Director and shall be
available for consultation by the public.
ARTICLE IV
(3.0) PERMITS AND CERTIFICATES REQUIRED
Section 4.1:
PERMIT TO CONSTRUCT
Any person planning to construct a new installation or modify an existing
one which will or might reasonably be expected to become a source of air
pollution, or planning to install an air cleaning device shall submit a
report, plans and specifications for approval prior to initiation of con-
struction.
Section 4.2:
CERTIFICATE TO OPERATE
I
'No person shall use or cause to be used any new or altered equipment or
control apparatus without first having obtained a "Certificate to Operate
Control Apparatus or Equipment" from the Director of the Department of
Air Pollution Control. Such Certificates shall be valid for a period of
five years unless sooner revoked by the Director of the Department of Air
Pollution Control and such certificate may be renewed only after appli-
cation to the Director not less than 90 days prior to their expiration
date.
Section 4.2.*1:
TRANSFERS
A "Certificate to Operate" shall not be transferable either from one
location to another, or piece of equipment to another.
Section 4.2.2:
CONDITIONAL APPROVAL
Upon receipt of an application for the issuance of a "Certificate to
Operate" or any renewal thereof, the Director may issue a temporary
certificate valid for a period not to exceed 90 days.
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Section 4.2.3:
The possession of a "Certificate to Operate" does not relieve any person
from the obligation to comply with all other provisions of this ordinance
or this ordinance or the state regulations regarding air pollution control.
Section 4.2.4:
Any person-in possession of a "Certificate to Operate" shall maintain
said certificate readily available on the operating premises.
Section 4.3:
EXEMPTIONS
The provisions of Sections 4.1 and 4.2 shall not apply to structural
changes, repairs of maintenance, or identical replacement in whole or in
part of any article, machine, equipment, or contrivance if such changes
or repairs or maintenance or replacement cannot change the quality, netu-'e,
or quantity of air contaminants.
Section 4.4:
'APPLICATIONS FOR PERMITS TO CONSTRUCT AND CERTIFICATES TO OPERATE
Applications for a permit to construct or a certificate to operate shall
be made to the Director of the Department of Air Pollution Control on
forms provided by the Director.
Section 4.4.1:
Before a Certificate to Operate, or any renewal thereof is issued, the
Director may require the applicant to conduct such tests as are necessary
in the opinion of the Director to determine the kind and/or amount of air
contaminants emitted from the equipment or control apparatus. Such tests
shall be made a't the expense of the applicant and shall be conducted in
a manner approved by the director.
Section 4.4,2:
An application shall be acted on within 30 calendar days after it is filed
with the Director of the Department of Air Pollution Control. The Direc-
tor shall notify the person applying for the permit, in writing, Indi-
cating 'the Director's approval, the Director's rejection, or the Director's
request for additional information. After receipt of the additional in-
formation requested, the Director shall act upon the application within
5 calendar days.
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Section 4.5:
If applicant deems the process or equipment to be secret he may file an
affidavit with the Director stating that the equipment or process involved
will be so used as to comply with all provisions of this ordinance without
applicant being forced to reveal secrets by being required to comply with
Article IV.
Section 4.6:
PERMIT VIOLATION
L l ni • "*
When construction, alteration, or installation is made which is not in
accordance with the plans, specifications, and other pertinent information
for which the permit was issued, the Director may deem this action as a
violation and he is hereby authorized to seal the installation to prevent
further work being done until the Director is assured that the condition
in question, will be corrected, and that the work will proceed in accordance
with authorized permit terms or, if a change was agreed upon, as revised
in writing by the Director. This section also applies where work is being
done without a permit and the Director deems this action as a violation.
!
Section 4.7:
/
FAILURE TO OPERATE SUCCESSFULLY UNDER TEST
Failure to operate successfully under test within the limitations and
requirements of this Ordinance will result in the Director refusing to
issue a Certificate to Operate, and he is hereby authorized to seal the
equipment until the person required to obtain the Certificate to Operate
shall have complied with the' air pollution control provisions of local
ordinances and state regulations. This section also applies where equip-
ment is being operated without a Certificate to Operate and the Director
declares this action as a violation, in writing, directed to the person
responsible for securing the Certificate to Operate.
Section .4.8:
DOMESTIC HEATING PLANTS
Provisions of Section 4 are not applicable to domestic heating plants and
shall not apply to domestic refuse-burning equipment.
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Section 4.9: ,
HEATING PLANTS OF LESS THAN 1,000.000 BTU/HR. INPUT
Provisions of Section 4 are not applicable for heating plants of less
than 1,000,000 BTU/hr. input provided that such heating plant is for the
single purpose of space-heating in residential units and the fuel used
for firing is gas or light fuel oils.
Section 4.10:
REGISTRATION OF EMISSIONS
In order to assist the Director in locating the sources of air contami-
nants in those areas where the program of atmospheric monitoring and/or
ambient air sampling shows acute changes that will affect the health of
the people in the area, the Director shall have the authority to require
the written registration of points of emission of air contaminants,
whether by stack, duct, flue, equipment, or other means. A period of
sixty (60) days shall be allowed for the filing of such registrations by
the persons responsible for such filing, after notification in writing
by the Director.
'Section 4.10.1:
CONTENTS OF REGISTRATIONS
The written registration of points of emission may include the following
information: the location of the source of emission, size of outlets,
height of outlets, rate of emission, composition of emission, temperature
of effluent or emission, and any other pertinent information specified
by the Director in the written notification.
ARTICLE V
(2.0) SCHEDULE OF FEES
Section 5.1:
FILING FEES
Fees for the inspection of plans and issuing installation permits for the
installation, erection, construction, reconstruction, alteration of, or
addition to, fuel-burning, combustion, or process equipment or devices,
and installation of apparatus or devices for the prevention or arresting
of the discharged smoke, particulate, liquid, gaseous, or other matter
shall be as follows:
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Fuel-burning equipment used for space heating, steam and hot water, or
power generation for each unit:
Of a capacity of 1,000,000 BTU/Hr. or more $15.00
Refuse-burning equipment, for each unit:
With less than fifteen square feet of grate area 10.00
With fifteen or more square feet of grate area 15.00
Process equipment or control devices:
Per one unit operation or one unit process creating
atmospheric pollution or any device controlling
atmospheric pollution 10,00
Section 5.2:
CERTIFICATE TO OPERATE,FEES
Fees shall be as follows for the issuance or reissuance of Certificate to
'Operate which may require annual inspection of fuel-burning, combustion,
or process equipment or devices:
Fuel-burning equipment used for space heating, steam and hot water, or
power generation for each unit:
Of a capacity of 1,000,000 BTU/Hr. or more 10.00
Refuse-burning equipment for each unit:
With less than fifteen square feet of grate area 5.00
With fifteen square feet or more of grate area 10.00
Process equipment or control devices:
Per one unit operation or one unit process creating
atmospheric pollution or any device controlling
atmospheric'pollution 5.00
Section 5.3:
PAYMENT OF FEES
All fees or penalties prescribed for the issuance of permits, licenses,
or certificates, or for the inspection of plans, premises or equipment,
under any provision of this Article, shall be paid to the Director, who
shall render to the person making such payment a receipt stating the
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amount and purpose for which such fee or penalty has been paid, a dupli-
cate of which shall be made part of the records of the Department. All
fees and penalties thus received shall be deposited with the City Con-
troller for the General Fund.
t •
Section 5.4:
DOMESTIC REFUSE-BURNING EQUIPMENT
Provisions of Section 5.1 and 5.2 of this Article are not applicable for
Domestic Refuse-Burning Equipment.
Section 5.5:
FEES ARE DEBT DUE THE CITY-SUIT FOR
All fees or penalties prescribed for the payment of which is required
under any provision of this article, shall constitute a debt due the City.
The corporation counsel shall, at the direction of the Director, insti-
tute civil suit in the name of the City to recover the amount of any such
unpaid fee or penalty. No civil judgment, or any act by the corporation
counsel, the Director, or the violator, shall bar or prevent e criminal
prosecution for each and every violation of this chapter.
ARTICLE VI
(2.0) EMISSION LIMITATIONS AND PROHIBITIONS
(51.13) Section 6.1:
OPEN BURNING
No person shall conduct a salvage operation by open burning except on
written approval of the Director, for periods of time specified.
No person shall burn any refuse in any open fire except as follows:
a. Camp fires and fires used solely for recreation purposes where
such fires are properly controlled by a responsible person.
b. Burning of rubbish on a farm, derived from an agricultural
operation, when the prevailing winds at the time of burning
are away from populated areas and no nuisance is created.
c. Open burning, in remote areas, of highly explosive or other
dangerous materials for which there is no other known method
of disposal or for special purposes when approved by the
Director for each specific instance.
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(50.1.2) Section 6.2:
SMOKE AND OTHER VISIBLE EMISSIONS
The Ringelmann Chart shall be used for grading the light-obscuring power
of smoke. No person shall operate any combustion installation so as to
produce, cause, suffer, or allow smoke to be emitted, the appearance,
density or shade of which is darker than No. 2 of the Ringelmann Chart.
When cleaning a fire or blowing tubes, smoke which is not darker than a
No. 3 Ringelmann Chart may be emitted for a period or periods not exceed-
ing five minutes in any 60-minute period; such emissions shall not be
permitted on mere than six occasions during any 24-hour period. When
building a new fire, smoke not darker than a No. 3 Ringelmann Chart may
be emitted not to exceed ten minutes on one occasion per day. The Direc-
tor, at his discretion, may accept an extension of the time period and
number of such time periods per day.
When a breakdown of equipment or a change of fuel results in smoke darker
than a No. 2 of the Ringelmann Chart, the Director shall be notified
immediately.
The capacity of any color equivalent to the Ringelmann Chart may be used
as prima facie evidence in determining process emissions but may be re-
'futed by approved stack emission tests or other evidence acceptable to the
Director.
(51.5) Section 6.3:
COMBUSTION FOR INDIRECT HEATING
Emission of particulate matter from the combustion of fue'l for indirect
heating shall be limited by the ASME Standard No. APS-1 dated June 15S
1966, "Recommended. Guide for the Control of Dust Emission-Combustion
for Indirect Heat Exchangers." For purposes of this regulation, the
maximum allowable emission shall be calculated using equation (15) in this
Standard with a maximum down-wind ground level dust concentration of 50
micrograms per cubic meter for a 30 to 50 minute time period. Figure 2
of the Standard may be used to estimate allowable emission for any stack
shall be 0.6 pounds for new equipment and 0.8 pounds for existing equip- '
ment of particulates per million BTU input.
(50.1.1) Section 6.4: . .
PROCESS OPERATION
Rules and-Regulation APC5, APC6, APC.7, as adopted by the Indiana Air Pol-
lution Board shall become a part of this Ordinance. Any change or modi-
fication made by the Indiana Air Pollution Board shall automatically be
included in this Ordinance.
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(2.0) Section 6.8:
The Director is hereby empowered to enforce all Regulations of the Indiana
State Air Pollution Control Board that are applicable in this local area.
(2.0) Section 619:
Nothing in any section of this Ordinance relating to regulation of emis-
sion of air contaminants shall in any manner be construed as authorizing
or legalizing the erection or maintenance of a nuisance.
(7.0) Section 6.10:
BREAKDOWN OF EQUIPMENT
Emissions exceeding any of the limits established in Article VI as a
direct result of upset conditions in or breakdown of any process, fuel-
burning, refuse-burning or control equipment or related operating equip-
ment beyond the control of the person owning or operating such equipment
shall not be deemed to be in violation of Article VI provided that the
owner or operator immediately advised the Director of the circumstances
and outlines a corrective program acceptable to the Director.
i
ARTICLE VII
(9.0) IN-STACK SAMPLING AND SOURCE TESTING
(9.0) Section 7.1:
(15.0)
AUTHORITY TO REQUIRE A PERSON TO CONDUCT TESTS
The Director is hereby authorized to require a person to conduct at their
expense any test or tests of process equipment, fuel-burning, refuse-burn-
ing, or control apparatus in pursuance with the requirements of Article IV,
ARTICLE VIII
(2.0) SEALING
Section 8:1:
The Director is hereby authorized to use a seal for sealing equipment of
apparatus so as to forbid operation of the process equipment, fuel-burn-
ing, refuse-burning equipment, or control apparatus in pursuance with the
requirements of Article IV.
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Section 8.2:
A seal may be affixed, sealing violating equipment or apparatus not less
than thirty (30) calendar'days after the person or persons responsible
for the equipment operation.have been notified by registered mail of the
Director's intentions to seal the violating equipment. The notice shall
be directed to the last address of the person to be notified or if the
person or his whereabouts is unknown, then the notice shall be posted on
or near the premises at which the violations have occurred.
Section 8.3:-
After the seal is affixed, the equipment or apparatus shall remain sealed
until such time as corrective measures are taken and the Director author-
izes in writing the breaking of the seal. It shall be unlawful for any
person to break the seal without written authorization from the Director.
ARTICLE IX
(9.0) RIGHT OF ENTRY FOR INVESTIGATION AND INSPECTION
(15.0)
The Director has the right to enter at all reasonable times in or about
any private or public property except private residences for the purpose
'Of inspecting and investigating conditions relating to the pollution of
the atmosphere, in the City of Anderson, Indiana.
ARTICLE X
(2.0) PERSONS LIABLE
All persons owning, operating, or in charge or control of any equipment
or premises who shall cause, suffer, allow, permit, or participate in
any violation of this ordinance shall be individually and collectively
liable for any penalties imposed by this ordinance. This liability shall
include any person who shall refuse to comply with or who shall assist in
the violation of any of the provisions of this Ordinance.
ARTICLE XI
(2.0) PARTY TO CLAIMS OR ACTIONS
All claims or actions filed by or against the Director of the Department
of Air Pollution Control or against the Appeals Board of the Clean Air
Council shall be brought in the name of or filed against the City of
Anderson, Indiana, a municipal corporation.
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ARTICLE XII
(15.0) PENALTIES FOR VIOLATIONS
Any person who shall violate any of the provisions of this Ordinance shall,
upon conviction thereof, pay a fine of not less than Ten Dollars ($10.00)
nor more than Three.Hundred Dollars ($300.00) for" each violation.
Each day's violation shall constitute a separate offense and an unlawful
emission from each chimney, smoke stack, open fire or other point of dis-
charge shall also constitute a separate offense. A separate and distinct
offense shall be regarded as committed each day on which such person shall
continue or permit any such violation to exist after notification thereof
by the Director.
ARTICLE XIII
(15.0) ALTERNATIVE PROCEDURE FOR VIOLATIONS
Section 13.1:
VIOLATION NOTICE
Jdhen the Director has reason to believe an emission from any source v'o-
lates the provisions of Article VI hereof, he may instead of acting under
Article XII issue to the person or operator of the source of air pollu-
tant in question a violation notice.
Section 13.2:
Any person who is issued a violation notice may, within ninety (90) days
from date of receipt of said notice, submit data to the Director indi-
cating reasons why he does not believe he was in violation of Article,VI.
The Director shall review the data submitted and within fifteen (15) days
affirm or withdraw the violation notice by informing, in writing, the
person receiving said notice of the Director's decision to affirm or with-
draw. In'the case of where the data required to refute the charge is not
submitted to the Director within the ninety (90) days stipulated, the
violation shall be considered still in force and affirmed.
i
Section 13.3:
When the Director affirms the violation notice as provided in Article XII,
he may require the person to have emission tests performed at the person's
own expense, to determine the extent of the emissions from the operation
which is the subject of the emission violation notice. If the emission
tests indicate that the total amount exceeds the maximum allowable emis-
sion standard applicable to the operation under Article VI, the violation
notice shall be considered substantiated. If the emission tests indicate
that the total amount is equal to or less than the emission standard appli-
cable to the operation under Article VI, then the violation notice shall
be considered void.
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ARTICLE XIV
(2.0) SEVERABILIT-Y
Section 17.1:
If any clause, sentence, paragraph or part of this Ordinance, or the
application thereof to any person, firm, corporation or circumstances,
shall for any reason, be adjudged by a court of competent jurisdiction
to be unconstitutional or invalid, said judgment shall not affect, impair,
or invalidate the remainder of this Ordinance, and the application of
such provision to other persons, firms, corporations, or circumstances,
but shall be confined in its operation to the clause, sentence, paragraph,
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered and to the person, firm, corporation, or
circumstances involved. It is hereby declared to be the legislative
intent of this body that this Ordinance would have been adopted had such
invalid provisions not been included.
ARTICLE XV
(2.0) RULES AND'REGULATIONS
Jhe Clean Air Council shall form the rules and regulations necessary or
appropriate to carry out the provisions of this Ordinance and shall per-
form the duties imposed by law upon them. Such rules and regulations as
may be adopted and promulgated by the Clean Air Council shall be submitted
to the Common Council of the City of Anderson, Indiana, for its approval.
. ' Before any rule or regulation or standard is adopted by the Clean Air
Council, said Council shall cause a notice to be published in a newspaper
of general circulation printed and published in the City of Anderson,
Indiana, at least ten (10) days prior to the date set for hearing. Such
notice shall include a statement of the time and place of said hearing,
a reference to the subject matter of the proposed rule(s), and reference
to the fact that a copy of such proposed rules and regulations is on file
in the .office of the Council where it may be examined; provided, however,
that no rules or regulations shall be invalid because the reference to
the subject matter thereof in said notice may be inadequate or insufficient.
Any interested persons shall be given adequate opportunity to examine a
copy of said proposed rules or regulations.
ARTICLE XVI
(2.0)' REPEAL CLAUSE
Section 18.1:
REPEAL CLAUSE
All laws heretofore passed by the Common Council of the City of Anderson
dealing with' the problem of air pollution and specifically including an
Ordinance entitled "Air Pollution Control," Chapter 98, are hereby repealed.
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MUNICIPAL CODE OF EAST CHICAGO, INDIANA
RELATING TO
AIR QUALITY CONTROL
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MUNICIPAL CODE OF EAST CHICAGO, INDIANA
RELATING TO
AIR QUALITY CONTROL
ARTICLE I
(2.0) GENERAL PROVISIONS
(2.0) Section 1.1:
SHORT TITLE. This ordinance shall be known and cited as the "Air Quality
Control Ordinance."
(2iO) Section 1.2:
PURPOSE. This ordinance is designed to control air pollution by estab-
lishing the Department of Air Quality Control in the City of East Chicago,
and prescribing the duties of the Director of Air Quality Control, em-
powering investigation and abatement, by the Director, of violations of
this ordinance; providing for the establishment and enforcement of rules
and regulations, providing for an Air Quality Control Advisory and Appeal
'Board, providing for registration of air pollution sources, permits for
the installation, construction, addition to, alteration, and use of pro-
cess, fuel-burning, refuse-burning, and control equipment and for the
issuance of certificates of operation and for fees therefore, establishing
limitations upon the emission of air pollutants, declaring emissions
which do not meet such limitations to be unlawful and a public nuisance,
prohibiting certain acts causing air pollution, providing for fines and
penalties for violation of the provisions of this ordinance, and pro-
viding just and adequate means by which the provisions of this ordinance
may be executed.
(1.0) Section 1.3:
DEFINITION OF TERMS.. The following words and phrases when used in this
ordinance shall for the purpose of this ordinance have the meanings
respectively ascribed to them in this article, unless a different meaning
is clearly indicated.
1. "Air Contaminant." Any smoke, soot, fly ash, dust, cinders,
dirt, noxious or obnoxious acids, fumes, oxides, gases, vapors,
odors, toxic or radioactive substances, waste, particulate,
solid, liquid or gaseous matter, or any other materials in the
outdoor atmosphere, but excluding uncombined water.
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2. "Air Pollution." The presence in the outdoor atmosphere of one
or more contaminants or combinations thereof in such quantities
and of such duration that they are or may tend to be injurious
to human, plant, or animal life, or property, or that interfere
with the comfortable enjoyment of life or property or the conduct
of business.
3. "ASME." The American Society of Mechanical Engineers.
4. "ASTM." The American Society for Testing Materials.
5. "Ashes." Includes cinders, fly ash or any other solid material
resulting from combustion, and may include unburned combustibles.
6. "Board.>: The board created by this ordinance to act as the Air
Quality Control Advisory and Appeal Board to the Director and
to act as provided for pursuant to Section 2.4 of this ordinance.
7. "Certificate of Operation." A certificate issued by the Director
authorizing the use of any process, fuel-burning, refuse-burning,
or control equipment for the period indicated after it has been
found chat it can be operated in compliance with the ordinance.
8. "City." City of East Chicago, Indiana.
9. "Cleaning Fires." Act of removing ashes from the fuel bed or
furnace.
10. "Combustible Refuse." Any combustible waste material.
11. "Control Equipment." Any equipment which has the function of
regulating that portion of a process, fuel-burning, or refuse-
burning equipment which may release air contaminants and thus
reduce tha creation of, or the emission of air contaminants to
the atmosphere, or both.
12. "Council." City Council of the City of East Chicago.
13. "Department." The City of East Chicago, Air Quality Control
Department.
14. "Director." The Director of the Air Quality Control Department
or his authorized representatives.
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15. "Domestic Heating Plant." A plant generating heat for a single
family residence, or for two residences either in duplex or
double house form, or for multiple-dwelling units having a total
input of less than 1,000,000 BTU's per hour and provided that
such heating plant is for the single purpose of space heating and
the fuel used is gas or light fuel oils. Under this designation
are also hot water heaters, stoves, space-heaters and other
domestic appliances used in connection With the foregoing estab-
lishments, or to heat temporary buildings, provided however,
that like equipment used in multiple-dwelling units other than
herein described, or used in permanent buildings of commercial
or industrial establishments, is not to be construed as included
under this designation.
16. "Domestic Incinerator or Refuse-Burning Equipment." Any refuse-
burning equipment or incinerator which is portable, packaged,
completely assembled, direct-fed incinerator, having not over
5 cubic feet storage capacity or 25 pounds per hour burning rate,
designed to handle combustible refuse consisting of rubbish and
garbage by weight.
17. "Emission." The act of passing into the atmosphere of an air
contaminant, or the material so passed to the atmosphere.
18. "Fuel-Burning Equipment." Any equipment, device or contrivance
used for the burning of any fuel and all appurtenances thereto,
including ducts, breechings, control equipment, fuel-feeding
equipment, ash-removal equipment, combustion controls, stacks,
chimneys, etc., used for indirect heating in which the material
being heated is not contacted by and adds no substance to the
products of combustion. Such equipment typically includes that
, used for heating water to boiling; raising steam, or superheating
steam; heating air as in a warm air furnace; furnishing process
heat that is conducted through process vessel walls: and fur-
nishing process heat indirectly through its transfer by fluids,
19. "Hand-Fired Fuel-Burning Equipment." Fuel-burning equipment in
which-fuel is manually introduced directly into the combustion
chamber.
20. "Incinerators." All devices intended or used for the destruction
of refuse or other combustible refuse by burning.
21. "Installation Permit." A permit issued by the Director author-
izing the construction, installation or alteration, of any pro-
cess, fuel-burning, refuse-burning, or control equipment in
accordance with plans and specifications approved by the Director.
22. "Mayor." The Mayor of the City of East Chicago, Indiana.
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23. "Opacity." State of a substance which renders it partially or
wholly impervious to the rays of light. Opacity as used in this
ordinance refers to the obscuration of an observer's view.
24. "Open Burning." Any fire from which the products of combustion
are emitted directly into the outdoor atmosphere without passing
through a. stack.
25. "Particulate Matter." Material other than uncombined water which
is suspended in air or other gases as a liquid or solid.
26. "Person." Any individual, partnership, co-partnershipt firm,
company, corporation, association, joint stock company, trust,
estate, governmental entity or any other legal entity or their
legal.representatives, agents or assigns. The masculine gender
shall include the feminine, the singular shall include the plural,
where indicated by the context.
27. "Process Equipment." Any equipment, device, or contrivance for
changing any materials whatever, or for storing or handling of
any materials, and all appurtenances thereto, including ducts,
stacks, etc. the use or existence of which may cause any discharge
of air pollutants into the outdoor atmosphere but not including
that equipment specifically defined as fuel-burning equipment or
refuse-burning equipment in this ordinance.
28. "Process Weight." The total weight of all materials introduced
into a unit operation or unit process including solid fuels, but
excluding liquid and gaseous fuels when these are used solely as
fuels, atid excluding air introduced for purposes of combustion.
29. "Process Weight Rate." A rate established as follows:
(a) For continuous or long-run steady-state unit operations
or unit process, the total process weight for the entire
period of continuous operation or for a typical portion
thereof, divided by the number of hours of such period
or portion thereof.
)
(b) For cyclical or batch unit operations or unit processes,
the total process weight for a period that covers a
complete operation or an integral number of cycles,
divided by the hours of actual process operation during
such a period.
i
Where the nature of any process or operation or the
design of any equipment is such as to permit more than
one interpretation of the above definitions, the inter-
pretation that results.in the minimum value for allow-
able emission shall apply.
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30. "Refuse-Burning Equipment." Any incinerator, equipment, device,
or contrivance used for the destruction of refuse, and/or other
combustible wastes by burning, and all appurtenances thereto.
31. "Salvage Operations." Any operation conducted in whole or in
part for the salvaging or reclaiming of any product or material.
32. "Seal for Sealing Equipment or Premises." A device installed by
the Director so as to prevent use of the process, fuel-burning,
refuse-burning, or control equipment or premises causing the
violation or from which violations of this ordinance originate.
33. "Smoke." Small gas-borne particles resulting from incomplete
combustion, consisting predominantly, but not exclusively, of
carbon, ash, and other combustible material.
34. "Stack." Duct, chimney, flue, conduit, vent, exhaust, breeching
or any structure or opening arranged for the emission intc. the
outdoor atmosphere of air pollutants.
35. "Unit Operation." Methods where raw materials undergo physical
change; methods by which raw materials may be altered into dif-
ferent states, such as vapor, liquid, or solid without changing
into a new substance with different properties and composition„
36. "Unit Process." Reactions where raw materials undergo chemical
change; where one or more raw materials are combined and com-
pletely changed into a new substance with different properties
and composition.
ARTICLE II
(2.0) ADMINISTRATIVE ORGANIZATION
(2.0) Section 2.1:
(15.0)
ADMINISTRATIVE ORGANIZATION AND ENFORCEMENT
(a) This ordinance shall be effective territorially throughout the
City of East Chicago, Indiana.
(b) The administration and enforcement of this ordinance shall be
conducted by the Department of Air Quality Control headed by a
Director.
(c) There is hereby created in the Department of Air Quality Control
the position of Director of Air Quality Control. He shall be
appointed by the Mayor.
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(d) The Director shall perform such duties as may be required of
him relative to Air Quality Control. He shall have control of
all matters and things pertaining to the work of the Department,
and shall supervise the execution of all laws, rules, and regu-
lations pertaining to air pollution as provided in this ordinance.
(e) The Director shall be qualified by technical training, and have
at least three years experience in the theory and practice of
construction and operation of furnaces, combustion devices, or
in the theory and practice of air quality control and shall be
qualified by education and experience to cooperate with scienti-
fic, educational and civic organizations interested in air quality
control.
(15.0) Section 2.2:
POWERS AND DUTIES OF THE DIRECTOR
(a) Supervise the execution of all laws, ordinances, rules, and re-
gulations pertaining to air pollution as provided in this ordi-
nance -
(b) Institute complaints against all persons violating any provi-
sion of this ordinance and refer to the city attorney all matters
which require legal proceedings and to prosecute violations of
this ordinance and compel the prevention and abatement of air
pollution or nuisances arising therefrom.
(c) Examine plans for all new buildings and for the alteration of
all existing buildings, structures, and equipment which may cause
the issuance of air contaminants in order to assure that they
can comply with the rules and regulations of this ordinance.
(d) Examine and approve or disapprove the plans for fuel and refuse-
burning equipment, process equipment, and control equipment to
be installed, constructed, reconstructed, or altered or added to.
(e) Make inspections and tests of existing and newly installed, re-
paired, constructed, reconstructed, or altered fuel or refuse-
burning equipment, process equipment, and control equipment.
(f) Investigate complaints of violations of this ordinance and make
inspections and observations of air pollution conditions. Re-
cord such investigations, complaints, inspections, and observa-
tions.
(g) Approve or reject application for permits, and administer the
issuance of certificates of operation, notices or other matters
required under the provisions of this ordinance.
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(h) Prepare and place before the Advisory and Appeal Board, for
their consideration, proposals for additions or revisions to this
ordinance, or any other regulation pertaining to air pollution
abatement.
(i) Encourage voluntary co-operation by persons or affected groups
in the preservation and restoration of the purity of the out-
door atmosphere, and grant a reasonable time to comply with the
provisions of this ordinance.
(j) Collect and disseminate information on air quality control.
(k) Work with planning and zoning agencies for the purpose of co-ordi-
nating activities under provisions of this ordinance and foster
the best possible management of the air resources.
(1) Co-operete and work with Federal, interstate, state, county,
district, municipal, and other agencies concerned with air pol-
lution, with regard to aerometric studies, abatement programs,
public complaints, and other matters to the end that the air
resources of East Chicago and Lake County shall be best conserved
and improved.
(m) To re'commend needful rules and regulations pertaining to the
administration of this ordinance.
(n) To issue all permits, certificates, notices, or other matters
required under the provisions of this ordinance; to prepare and
maintain adequate records thereof; and to notify all persons
concerned of any decision he may render and to provide such
persons with an opportunity to be heard as herein set forth.
(o) To report to. the Mayor and the Air Quality Control Advisory and
Appeal Board with respect to recommendations for needed additions
or revisions of this ordinance.
(p) Do any and all acts which may be necessary for the successful
prosecution of the purpose of this ordinance and such other acts
as may be specifically enumerated herein as his duties.
(q) To enlist the cooperation of the public in the abatement of air
pollution.
'(r) To refer such matters to the Municipal Board of Health which may
require their attention or assistance.
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(9.0) Section 2.3:
AIR QUALITY CONTROL INSPECTORS
(a) -Air Pollution inspectors shall be employees of the Department,
qualified by technical training in the theory and practice of
the construction and operation of combustion and process equip-
ment or in the theory and practice of smoke abatement and air
quality control.
i (b) The duties of the inspectors shall be to carry out the directions
of the Director in all matters relating to enforcement of this
ordinance, and to aid and assist the Director in the efficient
discharge of his duties.
(c) No person employed in the Department shall be directly or in-
directly interested in the manufacture, lease or sale of fuel,
combustion or process equipment or gas cleaning devices, or
other smoke abatement or air pollution control equipment, or
the apparatus or devices connected therewith or any extensions
thereof.
(d) No person acting on behalf of the city under the provisions of
this ordinance shall take or receive any money or any valuable
thing for the purpose of deceiving, defrauding, or favoring any
person. No employee shall recommend the issuance of any oper-
ating permit or certificate of operation without having at the
time stated, thoroughly examined and approved the plans for fuel-
burning or process equipment so approved or certified.
(16.0) Section 2.4:
AIR QUALITY CONTROL ADVISORY AND APPEAL BOARD
(A) An Air Quality Control Advisory and Appeal Board shall be
appointed by the Mayor. The Director may make recommendations
to the Mayor for such appointments. This Board shall study the
problem of air quality control within the City, and shall from
time to time recommend to the Director appropriate means of air
pollution abatement, including needed additions to or revisions
of this ordinance.
(B) The Air Quality Advisory and Appeal Board shall consist of not
less than seven (7) members. Not more than two (2) members of
said Board shall hold any public office. The two Ex-officio
members shall be the Building Commissioner and one member of the
Common Council, to be named by the President of said council; a
Chemist or Engineers, at least one Physician licensed to practice
medicine in the State of Indiana, and at least one Attorney
licensed to practice law in the State of Indiana.
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Two (2) members shall be appointed for a term of one year,'two
(2) members for a term of two years, and the remainder for a term
of three years. Upon expiration of any term all succeeding terms
shall be for a term of three years. This provision shall be •
implemented by the Mayor on future replacements or vacancies so
as to provide for the aforementioned qualified members in an
orderly transition from the previous method of appointing Board
members.
(C) The Air Quality Control Advisory and Appeal Board shall elect its
own chairman. A quorum shall consist of a majority of the members
of the Board. It shall meet at the call of the chairman, who
shall be elected by the Board at the first meeting of each year.
No chairman shall serve for more than two (2) consecutive terms.
All members shall serve without compensation and all secretarial
duties of the Board shall be performed by the secretary of the
Department. The Mayor shall appoint additional members to fill
all vacancies. The Director shall be an Ex-officic member of
the Board without the right to vote.
(D) The Advisory and:Appeal Board shall hold a regular meeting at
least quarterly and other meetings at such additional times as
may be called by the chairman. The chairman shall call a special
meeting upon the written request of at least three members of
the Board or at the written request of the Director. The Board
shall keep minutes of its proceedings which shall clearly show
the official actions of the Board and the vote of any member.
All meetings and hearings of the Board shall be open to the public,
(£) The Air Quality Control Advisory and Appeal Board shall confer
with and advise the Director on needed revisions or additions in
this or any other ordinance pertaining to air pollution or rules
or regulations promulgated thereunder and on any matters con-
cerning air pollution abatement or control.
(F) A majority of the Appeal Board is hereby vested with the following
jurisdiction and authority:
t
(1) To decide appeals from any decision, ruling, regulation,
determination or order made by the Director under this
ordinance, or failure to act upon request within a
reasonable period of the directive in the manner and
subject to the standards hereinafter set out;
(2) To pass upon application for extension of time for
compliance or for exemptions of variances in the manner
and subject to Article X.
(3) To decide all matters referred to it or upon which it
is required to pass under this ordinance.
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(16.0) Section 2.5:
APPEALS TO AIR QUALITY CONTROL ADVISORY AND APPEAL BOARD
Persons who desire to take exception to any decision, ruling, regulation,
or order of the Director of Air Quality Control may appeal to the Air
Quality Control Advisory and Appeal Board. Such appeal shall be taken
within fifteen (15) days after receiving notice of decision, ruling or
order complained of by filing with the Director a written notice of appeal
directed to the Board specifying the grounds thereof.and the relief sought.
A fee of Fifty ($50.00) Dollars shall be posted by the appellant with the
Director, at the time of the filing of the appeal to cover the costs of
the hearing on appeal, which fee shall not be refundable. The Director
shall forthwith furnish to the Advisory and Appeal Board all the papers
in his possession relative to the matter or appeal. Within ten (10) days
after the date of filing of the notice of appeal the Board shall set a
date for the hearing, and shall give notice thereof by mail to the inter-
ested parties. The Board may in its discretion grant continuances. Such
. an appeal shall act as a stay of the decision, ruling, requirement* rule,
regulation, or order in question until the Board has taken final action on
the appeal. At the hearing any party may appear in person or by agent or
attorney, and present written and oral evidence, pertinent to the questions
and issues involved, and may examine and cross-examine witnesses. All
'testimony shall be given under oath. The Board, after the hearing, shall
affirm, modify or reverse the decision, ruling, requirement, rule, regu-
lation or order of the Director, or order him to act. The decision of the
Board shall be binding on the Director and appellant unless reversed by
a court of competent jurisdiction upon judicial review.
The procedural provisions of the Administrative Adjudication and Court
Review Act (Acts 1917, Chapter 365, Sections 1-30, P. 1451) and all amend-
ments and modifications thereof, and the Procedural rules adopted pursuant
thereof, shall apply and govern all proceedings for the judicial review
of final administrative decisions hereunder and are adopted and incorpo-
rated herein by reference. References in said Act to an agency of the
State of Indiana shall be deemed references to the Air Pollution Advisory
and Appeal Board of the City of East Chicago, and references in said Act
to the Attorney General shall be deemed references to the City Attorney.
The Advisory and Appeal Board at its expense shall provide a court reporter
to take the testimony and preserve a record of all proceedings before the
Board. The notice of appeal, the notice of hearing, all exhibits, docu-
ments, pleadings, and written motions filed or admitted as evidence in the
proceedings, the transcript of testimony adduced and the findings of fact
and decisions shall constitute the complete and exclusive record of such
hearing. Any party to a hearing may obtain a typewritten transcript of
such record at his or her own expense.
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The Advisory and Appeal Board shall not be required to certify any record
or file any answer or otherwise appear in any proceeding for judicial
review unless the party filing the appeal deposits the sum of ninety-five
cents per page-, which includes costs of certification. Failure on the
part of the appellant to make such deposits shall be grounds for dismissal
of the action. Upon judicial review the Secretary of the Advisory and
Appeal Board shall certify the record.
ARTICLE III
(2.0) STANDARDS AND RECOMMENDED PRACTICES
(2.0) Section 3.1:
ADOPTED STANDARDS OR RECOMMENDED PRACTICES
Where reference is made in this ordinance to the standards or recommended
practices of national technical societies, associations, or other organi-
zations, such information shall form and be considered an integral part
of the ordinance in the same manner and extent as if fully reproduced
therein. Not less than two copies of such standards, or recommended
practices of technical societies, associations or other organizations
shall be kept on file at all times in the office of the Director and shall
'be available for consultation by the public.
ARTICLE IV
(3.0) INSTALLATION PERMIT AND CERTIFICATE OF OPERATION
Section 4.1:
APPLICATION REQUIRED. No person shall construct, install, reconstruct,
or alter any process, fuel-burning, refuse-burning, or control equipment
pertaining thereto, that may be a source of air contaminant, for use with-
in the City of East Chicago until an application., including not less than
two sets of properly prepared plans and specifications of the process,
fuel-burning, refuse-burning, or control equipment and structures or build-
ings used in connection therewith has been filed by the person or his agent
in the office of, and has been approved by the Director, and until an
installation permit has been issued by the Director for such construction,
installation, or alteration, except as stated in Section 4.6.
Section 4.2:
INFORMATION REQUIRED. The above mentioned plans or-specifications if
requested'by the Director, shall show the form and dimensions of the pro-
cess, fuel-burning, refuse-burning, or control equipment, together with
the description and dimensions of the building or part thereof in which
such process, fuel-burning, refuse-burning, or control equipment is to be
located, including the means provided for admitting the air for combustion
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processes; the character of the fuel to be used; the maximum quantity of
such fuel to be burned per hour; the kind and amount of raw materials pro-
cessed; the expected air contaminant emission rate; the operating require-
ments; the use to be made of such process, fuel-burning, refuse-burning,
or control, equipment; contaminant concentration, gas volume, and gas tem-
perature at the emission point; physical characteristics of particulates
emitted; the location and elevatio'n of the emission point relative to
nearby structures, window openings, etc., a flow diagram showing the equip-
ment under, consideration and its relationship to other processes, if any,
and a general description of these processes; and any other reasonable
and pertinent information that may be required by the Director.
Section 4.3:
AFFIDAVIT FOR SECRET PROCESS. If applicant deems the process or equipment.
to be secret, he may file, with the approval of the Director, an affidavit
to the effect that such equipment or process will be so used as to comply
with all other provisions of this ordinance. Plans and specifications
filed with such an affidavit will remain the property of the applicant and
shall be only for the confidential use of the Director, the control board
and their representatives, unless such owner or operator shall expressly
agree to their publication or availability to the general public. Nothing
herein shall be construed to prevent the use of such records or information
'by any department, agency or officer of the city in compiling or publish-
ing analyses or summaries relating to the general condition of the ambient
atmosphere: Provided that such analyses or summaries do not identify,
directly or indirectly, any owner or operator or reveal any information
otherwise confidential under this Section.
Section 4.4:
EMERGENCY REPAIRS. An emergency repair may be made prior to the applica-
tion for an installation permit if serious air pollution consequences may
result if the repair were deferred. When such repair is made, the person
concerned shall notify the Director on the first business day after the
emergency occurred and file an application for an installation permit if
directed to do so by the Director.
Section 4.5:
ACTION ON PERMIT APPLICATIONS. An application shall be acted on within
30 calendar days, after it is filed in the office of the Director. The
Director shall notify the applicant for the permit of approval or reasons
for rejection of the application, in writing. Upon the approval of the
application and,upon the payment of the prescribed fees, the Director shall
issue a permit for the construction, installation, or alteration of such.
process, fuel-burning, refuse-burning, or control equipment.
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Section 4.6:
ALTERNATE ACTION ON PERMIT APPLICATION. In the event the plans, speci-
fications, and information submitted to the Director pursuant to Sections
4.1 and 4.2 herein, reveal a proposal to construct, install, reconstruct
or alter any process, fuel-burning, refuse-burning or control equipment
of such complex design and/or involving technological ingenuity or advances
of considerable magnitude, the Director may, at his option, and in lieu of
issuing an installation permit, require the applicant to file with the
Director a statement certifying that the proposed equipment or installation
will comply with all of the applicable provisions and limitations set
forth in this ordinance. Upon the filing of such certificate of compli-
ance, tfie applicant may proceed with the proposed installation subject,
however, to all of the provisions of Section 4.9 hereinafter set forth.
Section 4.7:
APPLICABILITY OF THE PERMIT. No construction, installation, reconstruction,
or alteration shall be made which is not in accordance with the plans,
specifications, and other pertinent information upon which the installation
permit was issued without the written approval of the Director.
,Section 4.8:
PERMIT VIOLATION. Violation of'the installation permit shall be sufficient
cause for the Director to stop all work, in connection with said permit
and he is hereby authorized to seal the installation. No further work
-shall be done until the Director is assured that the condition in question
will be corrected and that the work will proceed in accordance with the
installation permit.
Section 4.9:
TIME LIMIT ON PERMITS. If construction, installation, reconstruction, or
alteration is not completed within one (1) year of the date of the install-
.ation permit or within the period of time specified in the permit, the
permit shall become void and all fees shall be forfeited, unless an exten-
sion of time is warranted and granted by the Director.
Section 4.10:
CERTIFICATE OF OPERATION. No person shall operate or cause to be operated
any process, fuel-burning, refuse-burning, or control equipment or any
equipment pertaining thereto for which an installation permit was required
or was issued under this ordinance until an inspection has been made by
the Director. The person responsible for the installation, construction,
or alteration of any process, fuel-burning, or control equipment for which
an installation permit is required, shall notify the Director when the
work is completed and ready for final inspection. No equipment shall be
operated for any other purpose or in any other manner than that fcr which
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the installation,permit was approved and for which a certificate of oper-
ation has been issued unless otherwise authorized in writing by the
Director. After the installation permit has been issued and it is demon-
strated to the satisfaction of the Director, that the process, fuel-burn-
ing, refuse-burning, or control equipment can be operated in compliance
with this ordinance,an initial certificate of operation shall be issued
by the Director. Emission tests may be required by the Director before
the issuing of an initial certificate of operation as set forth in Article
IV. Said certificate of operation shall be kept posted on or near the
installation for which it was issued. The certificate of operation shall
properly identify the equipment to which it pertains and shall specify
the class of fuel, type of refuse, type of raw materials used, if any,
which have been successfully used in the operating test. The initial cer-
tificate of operation shall remain in force until terminated by any one
or more of the following actions:
(a) Implementation and institution of Sections 4,8 and 4.9
(b) Execution of Article XI
Failure to operate successfully under test within the limitations and
requirements of this ordinance shajl constitute sufficient grounds for
ordering changes in the process, fuel-burning, refuse-burning, or control
'equipment or appurtenances before an initial certificate of operation can
be granted. When the Director refuses to issue a certificate of operation,
the Director is authorized to seal the process, fuel-burning, refuse-burn-
ing, or control equipment until the person required to procure the certi-
ficate of operation shall have complied with the provisions of this ordi-
nance.
Section 4.11:
RENEWAL OF CERTIFICATES OF OPERATION
(a) The Director shall require application of renewal of certificates
of operation on those installations for which an installation per-
mit was obtained, and shall require the issuance or renewal of
certificates of operation on equipment existing prior to the
adoption of this ordinance and collect appropriate fees thereof
for such certificates.
(b) A listing of all applications for certificates of operation and
permit fees must be submitted to the Department. Such certifi-
cates of operation shall not be required more often than once
per year, and may be terminated for the same reasons as listed
in Section 4.8. The Director is hereby authorized to seal any
equipment for which a certificate of operation is required and
has not been issued. Installation permits and certificates of
operation shall not be transferable.
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Section 4.12:
REGISTRATION OF EMISSIONS. The Director may require the written registra-
tion of points of emission of air contaminants, whether by stack, duct,
flue, equipment, or by any other means when, in his opinion, such infor-
mation is necessary for the conduct of the work of the department. A
period of sixty (60) days shall be allowed for the filing of such regis-
tration.
However, in case of emergency, the Director may designate any lesser time
which he believes to be justified. The Director is also empowered to
notify the owner or agent when, in his opinion, such registration is no
longer required.
Section 4.13:
CONTENT OF REGISTRATION. The written registration of points of emission
may include the following information: The location of the source of
emission, size of outlets, height of outlets, fate of emission, composi-
tion of emission, temperature effluent or emission, nature of the equip-
ment creating the emissions, and any other pertinent information speci-
fied by the Director.
/Section 4.14:
DOMESTIC HEATING PLANTS AND DOMESTIC INCINERATORS. Provisions of this
section are not applicable to Domestic Heating Plants or Domestic Incin-
erators.
Section 4.15:
PROSECUTION OF ORDINANCE VIOLATIONS. The issuance by the Director of any
installation permit or certificate of operation shall not be held to
exempt the person to whom the permit or certificate was issued or who is
in possession of the same, from prosecution of the emission of air contam-
inants prohibited by this ordinance.
ARTICLE V
(2.0) SCHEDULE OF FEES
Section 5,1:
FILING FEES.
t hees for the inspection of plans and issuing installation
permits for the installation, erection, construction, reconstruction, al-
teration of, or addition to, fuel-burning, combustion or process equipment
or devices, and installation of apparatus or devices for the prevention
or arresting of the discharge smoke, particulate, liquid, gaseous, or
other matter shall be as follows:
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Fuel-burning equipment used for space heating, steam and hot water
or power generation for each unit:
Of a capacity of 1,000,000 BTU/HR or more $15.00
Refuse-burning equipment, for each unit:
With less than fifteen square feet of grate area $10.00
With fifteen or more square feet of grate area $15.00
Process equipment or control devices:
Per one unit operation or one unit process creating
atmospheric pollution or any device controlling
atmospheric pollution $10.00
Section 5.2:
ANNUAL CERTIFICATE OF OPERATION FEES. Fees shall be as follows for the
issuance or reissuance of Certificate of Operation which may require an-
nual inspection of fuel-burning, combustion or process equipment or devices:
Fuel-burning equipment used for space heating, steam and hot water or
power generation for each unit:
Of a capacity of 1,000,000 BTU/HR or more 510.00
Refuse-burning equipment for each unit:
With less than fifteen square feet of grate area $ 5.00
With fifteen square feet or more of grate area $10.00
Process equipment or control devices:
Per one unit operation or one unit process creating
atmospheric pollution or any device controlling
atmospheric pollution $ 5.00
Section 5.3:
PAYMENT OF FEES
All fees or penalties prescribed for the issuance of permits, licenses or
certificates, or for the inspection of plans, premises or equipment, under
any provision of this Article, shall be paid to the Director, who shall
render to the person making such payment a receipt stating the amount and
purpose for which such fee or penalty has been paid, a duplicate of which
shall be made part of the records of the Department. All fees and penal-
ties thus received shall be deposited with the City Controller for the
Corporate Fund.
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Section 5.4:
DOMESTIC REFUSE BURNING EQUIPMENT
Provisions of Section 5.1 and 5.2 of this Article are not applicable for
Domestic Refuse Burning Equipment.
Section 5.5:
FEES AND DEBT DUE THE CITY - SUIT FOR
All fees or penalties prescribed for the payment of which is required
under any provision of this Article, shall constitute a debt due the City.
The City Attorney shall, at the direction of the Director, institute civil
suit in the name of the City to recover the amount of any such unpaid fee
or penalty! No civil judgment, or any act by the City Attorney, the
Director, or the violator, shall bar or prevent a criminal prosecution
for each and every violation of this chapter.
ARTICLE VI
(9.0) EMISSION LIMITATIONS AND PROHIBITIONS - STANDARDS OF MEASUREMENT
(50.1.2) 'Section 6.1:
VISIBLE EMISSIONS. It shall be unlawful for any person to discharge into
the atmosphere, or cause to be so discharged, from any combustion or pro-
cess equipment or device, vehicle, incinerator or open fire whatsoever
any air contaminant for a period or aggregating more than five minutes in
any one hour which is:
(a) As, dark or darker in shade as that designated as No. 2 on Ringel-
mann Chart, as published by the United States Bureau of Mines, or
(b) Of such opacity as to obscure an observer's view to a degree
equal to or greater than described in subsection (a) of this
section.
(51.5) Section 6.2:
\
EMISSION OF PARTICULATE MATTER FROM FUEL-BURNING EQUIPMENT
(a) No person shall cause, suffer or allow to be emitted into the
outdoor atmosphere from any fuel-burning equipment or premises,
or to pass a convenient measuring point near the stack outlet,
particulate matter in the gases to exceed 0.60 Ibs. per 1,000,000
BTU heat input for fuel burning units using less than 10,000,000
BTU per hour total input. For single unit greater than 10,000,000
BTU per hour total input, Figure 1 as herein set forth on page 31
hereof will be used to determine the allowable particulate emis-
sion limitation.
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(b) If two or more units connect to a single stack or chimney, each
unit shall for the purpose of computing the maximum allowable
emission rate be considered a separate entity with the allowable
emission rate for the stack or chimney the sum of the individual
computations.
(50.1) Section 6.3:
(51.9)
EMISSION OF PARTICULATE MATTER FROM INCINERATORS
(a) No person shall cause, suffer or allow to be emitted into the
outdoor atmosphere from any incinerator, refuse-burning equip-
ment or premises, particulate matter in gases to exceed 0.65
pounds for each 1,000 pounds of dry flue gases adjusted to 12%
carbon dioxide (excluding the effects of any auxiliary fuel; or
odorous material arising from the installation which are detect-
able beyond the premises on which the installation is located.
(b) No incinerator shall be used for the burning of refuse unless
such incinerator is a multiple chamber incinerator. Existing
incinerators which are not multiple chamber incinerators, may
be altered, modified, or rebuilt as may be necessary to meet
the requirements of emission limitations after plans and spe-
cifications have been approved by the Director.
(50.1.1) Section 6.4:
EMISSIONS OF PARTICULATE MATTER FROM INDUSTRIAL PROCESS EQUIPMENT
(a) The maximum allowable emission of particulate matter from any
source whatever except fuel-burning and refuse-burning equip-
ment shall be determined from Table 1 as herein set forth on
page1 32 herein. To use the table, find the process weight per
hour in the table, and note the allowable rate of emission in
pounds per hour next to the process weight per hour.
(b) If two or more process units connect to a single stack or
chimney, each unit shall for the purpose of computing the max-
imum allowable emission rate be considered a separate entity
with the allowable emission rate for the stack or chimney the
sum of the individual computations.
(51.16) Section 6.5: •
STORAGE OF PETROLEUM OR. OTHER VOLATILE PRODUCTS
A person shal'l not place, store or hold in any stationary tank, reservoir
or other container of more than 65,000 gallons capacity any petroleum or
volatile product or mixture of products having a vapor pressure of 2.0
pounds per square inch absolute or greater under actual storage conditions,
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unless such tank, reservoir or other container is a pressure .tank main-
taining working pressures sufficient at all times to prevent hydrocarbon
vapor or gas loss to the atmosphere, or is designed and equipped with one
of the following vapor loss control devices, properly installed, in good
working order and in operation:
(a) A floating roof, 'consisting of a pontoon-type or double-deck
type roof, resting on the surface of the liquid contents and
equipped with a closure seal, or seals, to close the space be-
• tween the roof edge and tank wall. The control equipment pro-
vided for in this paragraph shall not be used if the gasoline
petroleum distillate or other volatile products has a vapor
pressure of 12.0 pounds per square inch absolute or greater under
actual storage conditions. All tank gauging and sampling devices
shall be gas-tight except when gauging or sampling is taking place.
(b) A vapor recovery system, consisting of a vapor-gathering system
capable of collecting the hydrocarbon vapors or other gases dis-
charged and a vapor-disposal system capable of processing such
hydrocarbon vapors or other gases so as to prevent their emis-
sion to the atmosphere and with all tank gauging and sampling
devices gas-tight except when gauging or sampling is taking place.
/
(c) Other equipment of equal efficiency, provided plans for such
equipment are submitted to and approved by the Director.
(51.16) Section 6.6:
VOLATILE PETROLEUM DISTILLATE OR OTHER VOLATILE PRODUCT LOADING INTO TANKS,
TRUCKS. TRAILERS AND RAILROAD TANK CARS '
A person shalV not load volatile petroleum distillates or other volatile
products into any tank, truck or trailer or railroad car from any loading
facility unless such loading operation utilizes a submerged fill pipe or
such loading facility is equipped with a vapor collection and disposal
system or its equivalent, properly installed, in good working order, in
operation and approved by the Director.
For purposes of this section any petroleum distillate having a Reid vapor
pressure of 4 pounds or greater shall be included by the term "volatile
petroleum distillate or other volatile product."
For the purpose of this section, the term "submerged fill pipe" is defined
as any fill pipe the discharge opening of which is entirely submerged when
the liquid level is 6 inches above the bottom of the tank. "Submerged
fill pipe" when applied to a tank which is loaded from the side is defined
as any fill pipe the discharge opening of which is entirely submerged when
the liquid is 18 inches above the bottom of the tank.
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(50.2) Section 6.7:
SULFUR OXIDES
(1) No person shall cause, let, permit, suffer or allow any emission
of sulfur oxides which results in ground level concentrations of
sulfur oxides at any given point in excess of 0.5 ppm (volume)
in the period of any hour and average exposure shall not exceed
0.1 ppm (volume) of sulfur oxide in any 24-hour period. These
limitations shall not apply to ground level concentrations oc-
curring on the property from which such emission occurs, pro-
vided such property, from the emission point to the point of any
such concentration is controlled by the person responsible for
such emission.
(51.6) Section 6.8:
SULFUR LIMITATION OF FUELS
(A) No person shall cause or permit the use, or if intended for use
in the City of East Chicago, except as provided in Paragraph E
belowj the purchase, sale, offer for sale, storage or transport-
ation of fuel, which, as determined by the Methods of the Ameri-
can Society for Testing and Materials, contains more than the
following quantity of sulfur per million BTLI in the following
use classifications:
(1) From July 1, 1971 until July 25 1972, 1.8 pounds of
sulfur per million BTU heating value.
(2) After July 1, 1972, .9 pounds of sulfur per million
BTU heating value.
(B) All new space heating equipment, the plans for which are 50% or
less completed by July 1, 1971, shall be limited to the use of
fuels containing no more than 0.9 Ib. of sulfur per million BTU.
All existing space heating equipment shall be limited to the use
of fuels containing not more than 1.8 pounds of sulfur per million
BTU on and after July 1, 1971, to and including July 1, 1972, and
shall thereafter be limited to the use of fuels, containing no
more than 0.9 pounds sulfur per million BTU on and after July 1,
1972.
(C) All new and existing industrial power plants, electric power
generating plants and process plants, except as provided in Para-
graph E below, shall be limited to the use of fuel containing no
more than 1.35 pounds of sulfur per million BTU from and after
July 1, 1971, and shall be limited to the use of fuel containing
no more than 0.9 pounds of sulfur per million BTU on and after
July 1, 1972.
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(D) No fuels exceeding the sulfur limitations set forth in this
section shall be used in the City of East Chicago without prior
notification of its use to the Department.
(E) The following exceptions apply to the above Paragraphs A through
D of Section 6.8.
(1) Fuels which exceed the sulfur limits as specified in
Paragraph A may be sold, stored or transferred for use
in East Chicago if intended for use in combination
simultaneously with othe fuels in a facility whereby
emissions of sulfur dioxide will not exceed that which
could result from burning fuels having limits specified
in Paragraph A.
(2) Fuels which exceed the sulfur limits specified in Para-
graph C may be burned in industrial power plants, elec-
tric power generating plants and process plants if
burned in combination with other fuels or materials in
a facility whereby the emissions of sulfur dioxide shall
not exceed that which would result from burning fuels
specified in Paragraph C.
(3) Any facility which has installed equipment, approved by
the Department for the control of sulfur oxide emissions,
may use fuels of higher sulfur content than that stipu-
lated in Paragraphs A or C, this section.
(F) If the limitations set forth in this ordinance allow greater emis-
sions of S02 than are allowed by applicable regulations of the
State of Indiana, the state regulations shall govern.
(51.6) Section 6.9:
SULFUR OXIDE EMISSIONS FROM SINGLE STACKS
(A) After July 1, 1971, no person shall cause or permit the emission
into the atmosphere from any new or existing stack, gases con-
taining more than 1200 ppm by volume of sulfur dioxide at 20%
excess air and after July 1, 1972S 850 ppm except as provided in
Paragraph B below.
(B) The limitations set forth in Paragraph A shall not apply to sulfur
reco/ery plants or desul fun zing units employing the best avail-
able technology, as approved by the Director, for minimizing S02
emissions nor to other existing processes for which there is no
generally accepted control method, as determined by the Director.
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(51.18) Section 6.10:
SULFURIC ACID MANUFACTURING PROCESSES. No person shall cause or permit
the emission into the atmosphere from any new or existing Sulfliric Acid
manufacturing process more than 6.5 pounds of S02 per ton of acid produced.
Acid mist'emission levels shall not exceed more than 0.5 pounds per ton of
acid produced, and sulfur trioxide emissions shall be limited to 0.2 pounds
per ton acid produced.
(50.2) Section 6.11:
HYDROGEN SULFIDE LIMITATION. No person shall cause or permit the emission
into the atmosphere from any new or existing source of hydrogen sulfide
in such manner and amounts that the concentrations thereof at the stack
exceed a concentration of 160 parts per million by volume for a maximum
period of 2 minutes at any time.
(51.13) Section 6.12:,
OPEN BURNING
(A) No person shall dispose of refuse by open burning, or cause, suf-
fer, allow, or permit open burning of refuse, unless a permit
therefore has been obtained from the Director.
(a) Any person required by this section to secure a Refuse-
Burning Permit may apply for a continuing permit which,
when issued, shall authorize the burning of combustible
refuse during the period covered thereby, such period
not to exceed one (1) year.
(B) The'Open burning of refuse may be permitted when it cen be shown
by a person that such open burning is absolutely necessary and in
the public interest.. Any person intending to engage in open burn-
ing of refuse shall file a request to do so with the Director.
The1application shall state the following but are not limited to:
(a) The name, address, and telephone number of the person
submitting the application.
(b) The type of business or activity involved.
(c) A description of the proposed equipment and operating
practices, the type, quantity, and composition and
amount of air contaminants to be released to the at-
mosphere.
(d) The schedule of burning operations.
(e) The exact location or locations where such open burning
may be carried on.
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. (f) Reason why no method other than open burning can be
used for disposal of trade waste.
(g) Evidence that the proposed open burning has been approved
by the East Chicago Fire Department.
(C) The Director may, in his discretion, impose other reasonable
conditions necessary to prevent the creation of a nuisance.
(51.13) Section 6.13:
PROHIBITION OF SALVAGE OPERATIONS BY OPEN BURNING
No person shall conduct or cause or permit the conduct of a salvage oper-
ation by open burning.
(50.7) Section 6.14:
NUISANCE: ABATEMENT
(a) It is unlawful for any person to permit or cause the emission of
such quantities of air contaminants from whatever source in such
place or manner as to be detrimental to any person or to the
public or to endanger the health, comfort, or safety of any per-
son or the public, or in such manner as to cause or have a ten-
dency to cause injury or damage to property or business. Each
day wherein a violation of this section occurs shall constitute a
a separate offense. Any act or emission of air contaminants from
any single or multiple source in violation or excess of the lim-
itations established in this ordinance shall be unlawful, .and may
be ordered abated by the Director. Such abatement may be in add-
ition to the fines and penalties herein provided.
(b) It shall be unlawful for any person to cause or permit the han-
dling, transporting, or disposition of any substance or material
which is likely to be scattered by the wind, or is susceptible
to being wind-borne, without taking reasonable precautions or
measures to minimize atmospheric pollution. It shall be unlawful
for any person to operate or maintain, or cause to be operated
or maintained, any premises, open area, right of way, storage
pile of materials, or vehicle, or construction, alteration, demo1-
lition, or wrecking operation, or any other enterprise which in-
volves any material or substance likely to be scattered by the
wind, or susceptible to being wind-borne, without taking reason-
able precautions or measures to minimize atmospheric pollution.
No person shall maintain or conduct, or cause to be maintained or
conducted, any parking lot, or automobile and/or truck sales lot,
•. or use any roadway unless such lot or roadway is maintained in
such manner as to minimize atmospheric pollution.
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(c) Nothing in any section of this ordinance relating to regulation
of emission of air contaminants shall in any manner be construed
,as authorizing or legalizing the erection or maintenance of a
nuisance.
(7.0) Section 6.15:
BREAKDOWN OF EQUIPMENT: Emissions exceeding any of the limits established
in Article VI as a direct result of upset conditions in or breakdown of
any process, fuel-burning, refuse-burning or control equipment or related
operating equipment shall not be deemed to be in violation of Article VI
provided that the owner or operator immediately advises the Director of the
circumstances and outlines a corrective program acceptable to the Director.
(2.0) Section 6.16:
CIRCUMVENTION: No person shall build, erect, install or use any article,
machine equipment or other contrivance, the sole purpose of which is to
dilute or conceal an emission without resulting in a reduction in the
total release of air contaminants to the atmosphere. Increase in stack
height or constriction so as to increase stack exit velocity of gases shall
not constitute a violation of this section.
(13.0) 'Section 6.17:
DUTY TO REPORT DISCONTINUANCE OR DISMANTLEMENT
It shall be the duty of any person responsible for any discontinued or dis-
mantled fuel-burning, combustion or process equipment or device coming
under the jurisdiction of the permits or fees provisions of this chapter to
report to the Department within thirty (30) days the permanent discontin-
uance or dismantlement of such equipment or device.
ARTICLE VII
(8.0) EPISODE ALERT PROVISIONS
(8.0) Section 7.1:
ALERT PROVISIONS. Whenever atmospheric and pollution conditions create
circumstances which may cause acute harmful health effects, the Director
shall implement The State of Indiana Air Pollution Episode Alert Plan,
which sets the standard for ambient air quality concentration for suspended
particulate matter and sulfur dioxide for air pollution episode alert plan
levels, as promulgated by the State of Indiana Air Pollution Control Board,
as amended from time-to-time. The Director is hereby empowered to adopt
such plans as may be necessitated in co-operation with appropriate State
and Federal authorities for the purpose of eliminating the circumstances
tending to cause acute harmful health effects as aforesaid, including but
not limited to, the implementation of an air pollution watch, and alert
procedure., and an emergency procedure.
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ARTICLE VIII
(12.0) INTERNAL COMBUSTION ENGINES
(12.0) Section 8.1:
INTERNAL COMBUSTION ENGINE LIMITS: No person shall operate, or cause to
be operated, upon any street, highway, public place or private premises
within the City of East Chicago, any internal combustion engines, while
stationary or moving, which emit from any source of emission whatsoever
any air contaminant for a period or periods aggregating more than three
minutes in any one hour which is:
(a) As dark or darker than in shade is that designated as No. 2 on the
Ringelmann^Chart, as published by the United States Bureau of
Mines or
(b) Of such opacity as to obscure an observer's view to a degree
equal to or greater than does smoke described in subsection (a)
of this section.
ARTICLE IX
(2.0) 'CO-ORDINATION OF DEPARTMENTS
(3.0) Section 9.1:
ISSUANCE OF PERMITS: No permit for the erection, construction or alter-
ation of any building, plant, or structure, related in any manner to fuel-
burning equipment, or processing equipment, which may be a source of air
contaminants, shall be issued by the building commissioner or by any
department, bureau, division, officer, or employee of the city until the
Director of the Air Quality Control Department has issued an installation
permit covering the equipment under his jurisdiction to be used in the
building plant, or structure as provided within this ordinance.
(2.0) Section 9.2:
CO-ORDINATION: It shall be the duty of the various departments, bureaus,
divisions, officers, and employees of the city, having charge of the in-
spection of the premises in which such equipment is located, to co-oper-
ate with the Director to determine that the execution of the work so
authorized by said permit shall be done in conformity with the approved
plans and specifications fixed by the Director.
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ARTICLE X
(9\0) SAMPLING AND TESTING
(9.0) Section 10.1: .
(15.0)
AUTHORITY TO CONDUCT TESTS
(a) The Director is hereby authorized to conduct, or cause to be
conducted, a test or tests of any new or existing process, fuel-
burning, refuse-burning, or control equipment the operation of
which, in his opinion, may result in emissions in excess of the
limitations in this ordinance or when, in his judgment, there is
evidence that emissions from any such equipment are exceeding any
emission limitation prescribed in this ordinance. Upon notifi-
cation by the Director that emission tests are considered neces-
sary, a person may elect to conduct such tests himself. In this
event, the person shall notify the Director of this decision and
of the time and date of such testing. All tests so conducted
shall be in manner acceptable to the Director, and a complete
detailed test report of such tests shall be submitted to the
Director. The Director may stipulate that a representative of
his office be present during the conduct of such tests and may
stipulate a reasonable time limit for the completion of such tests.
(b) Nothing in this section concerning tests conducted by and paid
for by any person or his authorized agent shall be deemed to
abridge the rights of the Director or his representatives to con-
duct separate or additional tests of any process, fuel-burning, or
control equipment on behalf of the City at a reasonable time and
at the City's expense except as provided in Section 10.3 below.
(9.0) Section 10.2:
TEST FACILITIES AND ACCESS. It shall be the responsibility of the owner
or operator of the operation tested to provide, at his expense, reasonable
and necessary openings in the system or stack, and safe and easy access
thereto, to permit technically valid samples and measurements to be taken.
All new sources of air contaminants erected after the effective date of
this ordinance may be required by the Director to provide adequate open-
ings in the system or stack, and safe and easy access thereto, to permit
technically valid measurements and samples to be taken. If a person refuses
to supply test openings, access scaffolding, and other pertinent facilities
requested for the purpose of conducting valid emission tests by the Director,
the Director shall notify such person to show cause before the Director on
a day certain, not less than ten (10) nor more than twenty (20) days from
the date of notice, why the equipment should not be sealed.
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(9.0) Section 10.3:
TEST COSTS: If emission tests conducted as a result.of procedures outlined
in Section 10.1 substantiates that a violation exists, the person or persons
liable for the violation shall be responsible for paying all attendant costs
for conducting said tests. If said tests do not substantiate that a vio-
lation exists, then the City shall be responsible for paying all attendant
costs for conducting said tests. This latter condition shall not obviate
the owner's or operator's responsibilities set forth in Section 10.2. Pro-
vided, however, if the person liable elects to conduct his own stack emis-
sion tests as stipulated in Section 6.8 and Section 10.1, the person so
electing shall pay for these tests irrespective of their outcome.
(9.0) Section 10.4:
STACK EMISSION TEST METHOD. Stack emission tests shall be undertaken by
generally recognized standards or methods of measurements. The latest of
the following. "The A.S.M.E. Test Code for Determining Dust Concentrations
in Gas Streams," and the "Los Angeles County Source Testing Manual" shall
be used, but these may be modified or adjusted by the Director to suit
specific sampling conditions or needs based upon good practice, judgment,
and experience.
(9.0) 'Section 10.5:
ANALYSES OF FUELS. The Director at any time may request samples of fuels
being used, in any operation, for analyses.
(9.0) Section 10.6:
TAMPERING WITH TESTING DEVICES. No person except duly authorized officers
or employees of the City, shall touch, remove, destroy, molest, or mutilate
any testing device or contents owned or used by the City for testing smoke,
dust, or other air contaminants. Any such person shall be subject to the
fines and penalties hereinafter provided.
ARTICLE XI
(5.0) VARIANCES
Section 11.1:
VARIANCE CLAUSE
(A) Where emission sources in existence prior to the adoption of this
ordinance and not subject to existing Air Pollution Control agree-
ments do not meet the emission limitations noted in Article VI
above, then a program to meet the emission limitations stipulated
shall be developed and offered to the Director by the owner of
the'equipment causing the emission. This program shall be sub-
mitted upon the request of and within such times as shall be
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fixed by the Director, and after said program has been approved
by the Director, the owner of the equipment causing the emission
shall not be in violation of this ordinance so long as said pro-
gram is observed. In evaluating such a program of improvement,
the Director shall take into consideration the following factors.
(a) Action taken to control atmospheric pollution within
emission limitations in effect prior to this ordinance.
(b) Efficiency of any existing control equipment relative
to that which would be required to meet emission limi-
tations of this ordinance.
(c) Temporary interim control measures intended to minimize
existing pollution levels.
(d) The effect the source of emission has on ambient air
quality generally or in the immediate vicinity of the
source. •
(e) The degree of control in relation to other similar faci-
lities which produce air pollution.
(f) The age and prospective life of the facility in question.
(B) Reports consisting of information required by the Director indi-
cating the progress of these programs shall be submitted annually
to the Director by the owner of the equipment causing the emis-
sion in question. If progress of the program is deemed by the
Director to be unsatisfactory, the Director may suspend the pro-
gram and issue a violation notice. In the event the owner of the
equipment causing the emission and the Director cannot evolve a
mutually acceptable program of improvement, the matter shall be
referred to the Advisory and Appeals Board for resolution and
determination of an acceptable program. In making their deter-
mination, the Board shall also take into consideration the factors
noted in (a) through (f) above.
Section 11.2:
VARIANCE ON EXPERIMENTAL PROCEDURES
Experimental procedures on new or existing process, fuel-burning, refuse-
burning, or other equipment, and or devices for use in such manner as to
emit atmospheric pollutants, may be conducted upon receipt of the written
approval of the Director. The Director may grant such written approval to
conduct experimental procedures for any period of time not to exceed one
year and he may in addition to said time limitation impose such other con-
ditions and limitations on the conduct of said experimental procedures that
he deems reasonable to minimize the effects of the experimental procedure
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on the ambient air. During the period of time said experimental proce-
dures are conducted with the approval of the Director, the provisions
and limitations of Article VI herein shall not apply.
Section 11.3:
CERTAIN FIRES PERMITTED: Section 6.12 shall not apply to smoke from fires
set by any person if such fire is set with the written permission of the
Director. The decision of the Director to allow certain fires will be
based on the necessity of a public officer in the performance of his duties,
for the prevention of a fire hazard or the instruction of public or pri-
vate employees in the methods of fighting fire.
ARTICLE XII
(2.0) SEALING
Section 12.1:
SEALING: After previous notification of three or more violations of this
ordinance within a 12-month period, in respect to the emission of air con-
taminants, a violator shall be notified by registered mail to show cause
before the Director within 10 days why the offending equipment shall not
'be sealed. The notice shall be directed to the last address of the person
to be notified or if the person.or his whereabouts is unknown, then the
notice shall be posted on or near the premises at which the violations have
occurred. If upon the hearing, at which the violator or his agent or attor-
ney may appear and be heard, the Director finds that adequate corrective
measures have not been taken, he shall seal the equipment until such time
as corrective measures are taken. The decision may be appealed to the
Advisory and Appeal Board, and such appeal shall stay the sealing until
the Board renders a decision. It shall be unlawful for any person to
break a seal that has been duly affixed by the Director or his authorized
representative unless authorized in writing by the Director to do so.
ARTICLE XIII
(15.0) RIGHT OF ENTRY
Section 13.1:
RIGHT OF ENTRY FOR INSPECTION: Any person who in any manner, hinders,
obstructs, delays, resists, prevents, or in any manner interferes or attempts
to interfere with the Director or his authorized representatives "in the per-
formance of any duty enjoined, or shall refuse to permit the Director or
such persons to perform their duty by refusing them, or either of them,
. entrance at reasonable hours to any premises in which the provisions of this
ordinance are being violated or are suspected of being violated, or refuse
to permit the inspection or examination of such premises for the purposes
of the enforcement of this ordinance, shall be subject to the fines and
penal ties'hereinafter provided.
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ARTICLE XIV
(2.0) LIABILITY
Section 14.1:
PERSONS LIABLE: All persons owning, operating, or in charge or control of
any equipment or premises who shall cause, suffer, allow, permit, or par-
ticipate in any violation of this ordinance shall be individually and col-
lectively liable for any penalties imposed by this ordinance. This lia-
bility shall include any person who shall refuse to comply with or who
shall assist in the violation of any of the provisions of this ordinance.
ARTICLE XV
(15.0) PENALTIES FOR VIOLATIONS
Section 15.1:
PENALTIES
Any person who shall violate any of the provisions of this ordinance shall
upon conviction thereof, pay a fine of not less than fifty, dollars ($50.00)
'nor more than three hundred dollars ($300.00) for the first offense, and
not less than three hundred dollars ($300.00) nor-more than one thousand
dollars ($1,000.00) for the second and each subsequent offense, in any 180-
day period to which may be added imprisonment for a term not to exceed one
hundred and eighty (180) days. Each day's violation shall constitute a
separate offense and an unlawful emission from each chimney, smoke stack,
open fire or other point of discharge, shall also constitute a separate
offense. A separate and distinct offense shall be regarded as committed
each day on which such person shall continue or permit any such violation
to exist after notification thereof by the Director.
Any abatement provided for in Article VI shall be in addition to any penal-
ties prescribed in this section.
ARTICLE XVI
(2.0) PART^ TO CLAIMS OR ACTIONS
Section 16.1:
CLAIMS OR ACTIONS
All claims or actions filed by or against the Director or the Air Quality
Control Advisory and Appeal Board shall be brought in the name of or filed
against the City of East Chicago, Indiana, a municipal corporation.
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ARTICLE XVII
(15.0) ALTERNATIVE PROCEDURE FOR VIOLATIONS
Section 17.1:
VIOLATION NOTICES: If the Director has reason to believe an emission from
any source violates the provisions of Article VI hereof, he may instead of
acting under Article XV issue to the owner or operator of the source in
question a violation notice.
i
(A) Any person who is issued a violation notice may, within fifteen
(15) days from the date of receipt of said notice, submit data to
the .Director indicating reasons why he does not believe he was in
violation of Article VI. The Director shall review the data sub-
mitted and within Fifteen (15) days affirm or withdraw the viola-
tion notice by informing, in writing, the person receiving said
notice of the decision to affirm or withdraw. In the case where
such data is not submitted to the Director within the 15 days
stipulated, the violation shall be considered still in force and
affirmad.
(B) In the case of a violation of Article VI, the person cited, within
ten (10) days of receipt of the Director's decision to affirm the
violation notice as provided for in Section 14, (or within ten days
of a decision of the Advisory and Appeals Board, should appeal to
be taken from the Director's decision to affirm the violation
notice), may ask that emission tests be performed to determine the
extent of emissions from the operation which is the subject of the
particulate emission violation notice. If the emission tests indi-
cate that the total amount of particulate matter exceeds the maxi-
mum allowable emission standard applicable to the operation under
Article VI, the violation notice shall be considered substantiated.
If the emission tests indicate that the total amount of particulate
matter is equal to or less than the emission standard applicable
to the operation under Article VI, then the violation notice shall
be considered void.
ARTICLE XVIII
(2.0) SEVERABILITY
Section 18.1:
SEVERABILITY: If any clause, sentence, paragraph or part of this ordinance,
or the application thereof to any person, firm, corporation or circumstances,
shall for any reason, be adjudged by a Court of competent jurisdiction to be
unconstitutional or invalid, said judgment shall not affect, impair or in-
validate the remainder of this ordinance, and the application of such pror
vision to other persons, firms, corporations or circumstances, but shall be
confined in its operation to the clause, sentence, paragraph or part thereof
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directly involved in the controversy in which such judgment shall have
been rendered and to the person, firm, corporation or circumstances in-
volved. It is hereby declared to be the legislative intent of this body
that this ordinance would have been adopted had such invalid provisions
not been included.
ARTICLE XIX
(2.0) REPEAL CLAUSE
Section 19.1:
REPEAL CLAUSE .
All laws heretofore passed by the Common Council of the City of East Chicago
dealing with the problem of air pollution, and specifically including an
ordinance entitled "Bureau of Air Pollution," Chapter 24 1-2401 - 1-2408
and "Air Pollution" Chapter 7 5-701 and 5-720 and 5-799 are hereby repealed.
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g
»4
I
l.o
0.9
0.8
0.7
0.6
0.5
0.4
0.3
0.2
m
10
0.1
I 1.1 ll
l.
10
INPUT-MILLION BTU/HR.
PARTICUIATE EHISSIOH 1IHITS
FIGURE 1
-------
TABLE I
Allowable Rate of Emission Based on Process Weight Rate
1
Process Weight Rate
Lbs/Hr
100
200
400
600
800
1,000
1,500
2,000
, 2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
, Tons/Hr
0.05
'0.10
0.20
t
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4.00
4,50
,5.00
6.00
Rate of
Emission
Lbs/Hr
0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
10.40
11.20
12.00
13.60
Process Weight Rate
Lbs/Hr
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
1 20 ,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000
Tons/Hr
8.00
9.00
10.00
15.00
20.00
25. OC
30.00
35.00
40.00
45.00
50.00
60.00
70.00
80.00
100.00
500.00
1,000.00
3,000.00
Rate of
Emission
Lbs/Hr
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7
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^Interpolation of the data in this table for process weight rates
up to 60,000 Ib/hr shall be accomplished by use of the equation
E = 4.10 P0.67, anc| interpolation and extrapolation of the data
for process weight rates in excess of 60,000 Ib/hr shall be accom-
plished by use of the equation:
E = 55.0 P°:ll-40, where E = rate of emission in Ib/hr and
P = process weight in tons/hr.
For those processes whose weight exceeds 200 tons/hour, the maximum allow-
able emission may exceed that shown in Table 1, provided that the concen-
tration of particulate matter in the discharge gases to the atmosphere is
less than 0.10 pounds per 1,000 pounds of gases.
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AIR QUALITY CONTROL ORDINANCE
FOR
EVANSVILLE, INDIANA
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CHAPTER 941
AIR QUALITY CONTROL
(2.0) TITLE ONE - General Provisions
(2.0) 941.101 INTRODUCTORY PROVISIONS.
(a) WHEREAS, there has been an increase in urbanization, industrial-
ization and commercial growth in and around the City of Evansvilie,
Indiana which increase has resulted in the increased emission of
air;pollutants within the corporate limits of the City of Evans-
ville, Indiana and four (4) miles beyond the corporate city limits;
and
(b) WHEREAS, the detrimental effects of the increased and frequently
excessive emission of air pollutants on the public health, welfare,
and comfort of the citizens of the City of Evansville requires the
adoption of a comprehensive and integrated plan to minimize the
pollution of the air and control air quality, and
(c) WHEREAS, it is desirable to adopt appropriate regulations to pre-
vent and reduce air pollution caused by odor, dust, fumes, gas,
mist, smoke, vapor, sound, noise, light, heat, glare, vibration,
and other pollutants or any combination thereof the emission of
which is detrimental to the health, welfare or comfort of the resi-
dents of the City, the Council, therefore, enacts this ordinance
on Air Quality Control.
(2.0) 941.102 SHORT TITLE.
.This chapter shall be known and cited as the "Air Quality Control Chapter.'
(2.0) 941.103 PURPOSE.
The purpose of this chapter is to control air pollution within the City
of EvansviTie, Indiana and four (4) miles beyond the corporate limits
thereof by establishing the Air Pollution Control Department under the
Board of Public Works of the City of Evansville, Indiana and prescribing
the duties of the Chief of the Air Pollution Control Department; empower-
ing investigation, punishment and abatement of violations of this chapter;
providing for the establishment and enforcement of rules and regulations;
providing for an Air Pollution Control Board; providing for registration
of air pollution sources; requiring permits for the installation, con-
struction, addition to, alteration, and use of process, fuel-burning,
refuse-burning, and control equipment and for fees for the same; pro-
viding for inspections and tests of process, fuel-burning, refuse-burn-
ing, and control equipment and for the issuance of certificates of oper-
ation and for fees therefor; establishing limitations upon the emission
of air pollutants; declaring emissions which do not meet such limitations
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to be unlawful and a public nuisance; prohibiting certain acts causing
air pollution; providing for fines and penalties for violation of the
provisions of this ordinance; and providing just and adequate means by
which the provisions of this ordinance may be executed.
(1.0) 941.104 DEFINITION OF TERMS.
The following words and phrases when used in this chapter shall, for
the purpose of this chapter, have the meanings respectively ascribed
to them in this article, unless a different meaning is clearly indicated.
(a) "Air Contaminant," any smoke, soot, fly ash, dust, cinders, dirt,
injurious or objectionable amounts of acids, fumes, oxides, gases,
vapors, odors, toxic or radioactive substances, waste, particulate,
solid, liquid or gaseous matter, sound, noise, light, heat, glare,
vibration, concussion, or any other materials in the outdoor atmos-
phere,
(b) "Air Pollution," the presence in the outdoor atmosphere of one or
more contaminants or combinations thereof in such quantities and
of such duration that they are, or may tend to be, injurious to
human, plant, or animal life, or property, or that interfere or
may tend to interfere with the comfortable enjoyment of life or
property or the conduct of business.
(c) "ASME, APS-1-1966," The American Society of Mechanical Engineers,
Air Pollution Standard No. 1, established in 1966.
(d) "ASTM," The American Society for Testing Materials.
(e) "Ashes," cinders, fly ash or any other solid material resulting
from combustion, including unburned or partially burned combustibles.
(f) "Apartment," suit of rooms or a single room of occupancy.
(g) "Air Pollution Control Board," the Board created by this chapter
to act as the Air Pollution Control Advisory and Appeal Board to
the Chief and the Board of Public Works.
(h) "Certificate of Operation," a certificate issued by the Chief
authorizing the use of any process, fuel-burning, refuse-burning,
or control equipment for the period indicated.
(i) "City," City of Evansville, Indiana and four (4) miles beyond the
corporate city limits thereof.
(j) "Chief," Chief of the Air Pollution Control Department of the City
of Evansville, Indiana.
(k) "Cleaning Fires," act of removing ashes from the fuel bed or furnace.
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(1) "Combustible Refuse," any combustible waste material.
(m) "Control Equipment," any equipment which has the function of con-
trolling process, fuel-burning, or refuse-burning equipment and
thus reducing the creation of, or the emission of, air contami-
nants to the atmosphere, or both.
(n) "Council," Common Council of the City of Evansville, Indiana.
(o) "Department," the Air Pollution Control Department of the Board of
Public Works of the City of Evansville, Indiana.
(p) "Domestic Heating Plant," a plant generating heat for a single
family residence, or for two residences either in duplex or double
house form, or for multiple-dwelling units in which such plant
serves fewer than three apartments. This term also includes hot
water heaters, stoves, and space-heaters used in connection with
the foregoing establishments; provided, however, that like equip-
ment used in multiple-dwelling units other than those as herein
described, or like equipment used in permanent buildings of commer-
cial or industrial establishments, is not to be construed as in-
cluded under this designation.
(q) "Emission," (1) When used as a verb, the act of passing one or
more air contaminants into the atmosphere; (2) when used as a
noun, one or more air contaminants passed into the atmosphere.
(r) "Employee," all employees, other than the Chief, of the Department.
(s) "Fines,:i any particle which will pass through a screen having open-
ings the diameters of which are one hundred and thirty-two one
thousandths of one inch (0.132") or which will pass through a U.S.
Standard Sieve No. 6.
(t) "Fuel-burning Equipment," any equipment, device, or contrivance
used for the burning of any fuel, and all appurtenances thereto,
including ducts, breechings, control equipment, fuel-feeding
equipment, ash-removal equipment, combustion controls, stacks,
chimneys, etc., used for indirect heating in which the material
being heated is not contacted by, and adds no substance to, the
products of combustion. Such equipment typically includes, but
is not limited to, equipment used for heating water to boiling;
raising steam, or super-heating steam; heating air as in a warm
air furnace; furnishing process heat indirectly through its trans-
fer by fluids.
(u) "Hand-fired Fuel-burning Equipment," fuel-burning equipment in which
fuel is manually introduced directly into the combustion chamber.
(v) "Incinerators," all devices intended or used, for the destruction, of
waste materials or other combustible refuse by burning,
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(w) "Installation Permit," a permit issued by the Chief authorizing
the construction, installation, alteration, or repair of any pro-
cess, fuel-burning, refuse-burning, or control equipment in accord-
ance with plans and specifications approved by the Chief.
(x) "Mayor," the Mayor of the City of Evansville, Indiana.
(y) "Mechanical Firing Device," any device used in connection with any
process, fuel-burning, or refuse-burning equipment which device
introduces fuel from outside the equipment into the zone of com-
bustion thereof.
(z) "Opacity," state of a substance which renders it partially or
wholly impervious to the rays of light. Opacity as used in this
chapter refers to the obscuration of an observer's view.
(aa) "Open Burning," any fire from which the products of combustion are
emitted directly into the outdoor atmosphere without passing through
a stack.
(bb) "Particulate Matter," material other than uncombined water which
is suspended in air or other gases as a liquid or solid.
(cc) "Plant System," an integrated system designed to accomplish a
single process or single phase of manufacturing made up of two or
more pieces of equipment or devices.
(dd) "Pulverized Fuel-burning Equipment," specifically constructed
equipment for grinding coal to fine particles and burning in a
special pulverized fuel-burning furnace.
(ee) "Person," any individual, partnership, co-partnership,.firm, com-
pany, corporation, association, joint-stock company, trust, estate,
or municipality or the legal representative or agent thereof.
(ff) "Process Equipment," any equipment, device, or contrivance for
changing any materials whatever or for storage or handling of any
materials, and all appurtenances thereto, including ducts, stacks,
etc., the use or existence of which may cause any discharge of air
pollutants into the outdoor atmosphere, but not including that
equipment specifically defined as fuel-burning equipment or refuse-
burning equipment in this chapter.
(gg) "Process Weight," the total amount of all material introduced into
an industrial operation, including solid fuels, but excluding liquid
fuels and gaseous fuels when these are used solely as fuels, and
excluding air introduced for purposes of combustion.
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(hh) "Process Weight Per Hour," (1) For continuous or long-term oper-
ation: The total process weight for the entire period of operation
or for a typical portion thereof, divided by the number of hours
of such period or portion thereof. (2) For batch operation: The
total process weight for a period which covers a complete operation
or ar. integral number of cycles, divided by the hours of actual
process operation during such period.
(ii) "Refuse-burning Equipment," any incinerator, equipment, device, or
contrivance used for the destruction of refuse, and/or other com-
bustible wastes by burning, and all appurtenances thereto.
(jj) "Salvage Operations," any operation conducted in whole or in part
for the salvaging or reclaiming of any product or material.
(kk) "Seal For Sealing Equipment or Premises," a device installed by the
Chief so as to prevent the use of the process, fuel-burning, refuse-
burning, or control equipment or premises causing the violation or
from which violations of this ordinance originate.
(11) "Smoke," small gas-borne particles resulting from incomplete com-
bustion, consisting predominantly, but not exclusively, of carbon,
ash, and other combustible materials.
/
(mm) "Stack," duct, chimney, flue, conduit, or opening arranged for the
emission into the outdoor atmosphere of air pollutants.
(2.0) TITLE TWO - Administrative Organization
(2.0) 941.201 GENERAL.
(a) This chapter shall be effective territorially throughout the City
of Evansville, Indiana and four (4) miles beyond the corporate
city limits.
(b) This chapter shall be administered and enforced by the Air Pollution
Control Department, headed by a Chief, under the Board of Public
Works of the City of Evansville, Indiana.
. i
(2.0) 941.202 CHIEF OF AIR POLLUTION CONTROL DEPARTMENT.
(a) There is hereby created the position under the Board of Public
Works cf Chief of the Air Pollution Control Department. He shall
be appointed by the Mayor and shall serve at the will of the Mayor.
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(b) The Chief shall perform such duties as may be required of him by
the Board of Public Works relative to air pollution control. He
shall have control of all matters and things pertaining to the
work of the Department and shall supervise the execution of all
laws, rules, and regulations pertaining to air pollution as pro-
vided in this Chapter. He shall sit as an ex-offido itiember with-
out a vote of the Board of Public Works when that Board is con-
sidering matters relating to air pollution.
(c) The Chief shall be a graduate of an engineering institution or
college, qualified by technical training, and have at least five
(5) years experience in the theory and practice of construction
and operation of furnaces, combustion devices, or in the theory
and practice of air pollution control, and shall be qualified by
education and experience to co-operate with scientific, educa-
tional and civic organizations interested in air pollution control.
(d) The Chief shall have the following powers and duties:
(1) Supervise the execution of all laws, ordinances, rules and
regulations pertaining to air pollution as provided in this
chapter and in all rules and regulations issued pursuant.to
this chapter.
(2) Institute complaints against persons violating any provision
of this chapter and institute, in conjunction with the office
of the City Attorney of the City, necessary legal proceedings
to prosecute violations of this chapter and compel the pre-
vention and abatement of air pollution or nuisances arising
therefrom.
(3) Examine and approve or disapprove the plans for fuel and
refuse-burning equipment, process equipment, and control
equipment to be installed, constructed, reconstructed, or
substantially repaired, altered or added to.
(4) Make inspections and tests of existing and newly installed,
constructed, reconstructed, substantially repaired or altered
fuel or refuse-burning equipment, process equipment, and
control equipment.
(5) Investigate complaints of violations of this chapter and
,make inspections and observations of air pollution condi-
tions, record and maintain records of such investigations,
complaints, inspections, and observations.
(6) Approve or reject applications for permits, and administer
the issuance of permits, certificates of operation, notices
or other matters required under the provisions of this chapter.
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(7) Prepare and present to the Air Pollution Control Board
proposals and recommendations for additions or revisions
of this chapter, or any other regulation pertaining to air
pollution abatement and, if directed by the Air Pollution
Control Board, submit such proposals and recommendations
to the Board of Public Works for further action.
(8)( Encourage voluntary co-operation by persons or groups of
persons in the preservation and restoration of the purity
of the outdoor atmosphere.
(9) Collect and disseminate within the City information on air
pollution control.
(10) Work with planning agencies to co-ordinate activities under
the provisions of this chapter and to foster the best possi-
ble management of air resources.
(11) Co-operate and work with federal, interstate, state, county,
municipal, and other agencies concerned with air pollution,
particularly in the field of technical studies, abatement
programs, and public complaints.
(12) Institute abatement proceedings at the request of appropriate
authorities from other jurisdictions if such other juris-
dictions co-operate in the same manner with the City under
reciprocal agreements or practices.
(13) Formulate rules and regulations pertaining to the adminis-
tration of the Air Pollution Control Department. Said rules
and regulations shall be submitted for approval to the Air
Pollution Control Board and, when appropriate, to the Board
of Public Works.
(14) Prepare the annual budget for the Department, and, after
approval by the Board, submit such budget to the Board of
Public Works for review and amendment prior to submission to
the Council.
(15) Do such other acts as may be required by the Air Pollution
Control Board or the Board of Public Works to effectuate the
purposes of this chapter.
(9.0) 941.203 ' AIR POLLUTION INSPECTORS.
(a) Air Pollution Inspectors shall be employees of the Air Pollution
Control Department and qualified at the time of employment by tech-
nical training in the theory and practice of the construction and
Operation of combustion and process equipment or in the theory
and practice of smoke abatement and air pollution control, or be
so trained under direction of the Chief.
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(b) Air Pollution inspectors shall be appointed by the Mayor after
conferences with the Board of Public Works and the Chief and such
inspectors shall be subject to such rules, regulations and con-
ditions of employment as shall be determined by the Board of Public
Works.
(c) The duties of the inspectors shall be to carry out the directions
of the Chief in all matters relating to the enforcement of this
chapter, and to aid and assist the Chief in the efficient dis-
charge of his duties.
(d) No person employed in the Air Pollution Control Department shall
be directly or indirectly interested in the manufacture, lease, or
sale of fuel, combustion or process equipment or gas cleaning de-
vices, or other smoke abatement or air pollution control equipment,
or the apparatus or devices connected therewith or any extensions
thereof.
(16.0) 941.204 AIR POLLUTION CONTROL BOARD.
(a) An Air Pollution Control Board shall be appointed by the Mayor from
persons residing within the area covered by this chapter. Vacan-
cies on the Board to fill unexpired terms shall likewise be appointed
by the Mayor. This Board shall study the problem of air pollution
within the corporate limits of the City of Evansville, Indiana,
and four (4) miles beyond the corporate city limits and shall, from
time-to-time, recommend to the Board of Public Works appropriate
means of air pollution abatement, including any additions or revi-
sions to this chapter.
(b) The Board shall consist of seven (7) members, all of whom must be
residents of the area covered by provisions of this chapter. One
(1) member shall be a professional engineer, one (1) member shall
be a doctor of medicine, one (1) member shall be an attorney-at-law,
one (1) member shall be a chemist, and three (3) members shall be
citizens representing separate areas of interest, namely, manu-
facturing, commercial and general. No member of said Board shall
hold any elective public office.
Initial appointments shall be made in the following manner:
(1) Two (2) members shall be appointed for a term of one
(1) year.
(2) Two (2) members shall be appointed for a term of two
(2) years.
(3) Two (2) members shall be appointed for a term of three
(3) years.
(4) One (1) member shall be appointed for a term of four
(4) years.
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The terms shall expire on the first day of January of the first,
second, or third year, respectively, following their appointment.
Thereafter, as the terms expire each new appointment shall be for
a term of four (4) years. Appointment to fill resignations or
vacancies shall be for the unexpired term remaining of the member
being replaced. A member is eligible for reappointment. Members
whose terms of appointment shall have expired shall remain in
office until such time as successors shall have been appointed
and qualified. No more than one appointee or member of the Board
shall be employed by the sarm? employer.
(c) The Board shall elect a chairman and vice chairman. The Board
shall appoint an employee of the Air Pollution Control Department
to serve as secretary of the Board. A quorum shall consist of a
majority of the voting members of the Board. Official action may
not be taken by the Board except upon a majority vote of the mem-
bers present. Members of the Board shall serve without compen-
sation. The Chief shall be an ex-officio member and advisor to
the Board without voting power.
(d) The Air Pollution Control Board shall hold a regular meeting once
a month and special meetings at such additional times as may be
called by the chairman or vice chairman. A special meeting shall
be called upon request of at least three (3) members of the Air
Pollution Control Board. The Air Pollution Control Board shall
keep minutes of its proceedings which shall record the official
actions of the Air Pollution Control Board and the vote of each
member thereon.
(e) The Air Pollution Control Board shall act as a Board of Review
of all official decisions of the Chief regarding air pollution in
accordance with the procedures set forth in this chapter.
(16.0) 941.205 MANNER OF TAKING APPEALS.
(a) The Air Pollution Control Board is hereby vested with the following
jurisdiction and authority:
.1
(1) To decide appeals from any decision, ruling, regulation,
determination or order made by the Chief under this chapter,
or failure to act upon any application within a reasonable
period of time in the manner and subject to the standards
hereinafter set out.
(2) To act upon requests for variances in the manner established
by Title Eight (8).
' (3) ' To decide all matters referred to it or upon which it is
required to pass under this chapter.
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(b) All hearings conducted by the Board shall be open to the public.
Any person affected by any matter before the Board may appear
and be heard at a hearing. The Board shall keep minutes of its
proceedings showing the vote of each member upon each questions
or if he is absent or failing to vote, indicating such fact and
shall also keep records of its hearings and other official actions.
Every order, requirement, decision or determination of the Board
shall be filed in the office of the Air Pollution Control Depart-
ment of the City and shall be a public record.
(c) Any person taking exception to and affected by any decision,
ruling, requirement, rule, regulation or order of the Chief, or
failure to act upon request within a reasonable period of time,
may take an appeal to the Board in accordance with the procedures
of this chapter. Such appeal shall be taken within thirty (30)
days after the issuance of such decision, ruling, requirement,
rule, regulation or order, or failure to act upon a proper appli-
cation. Appeals to the Board shall be initiated by filing with the
Chief a notice of appeal directed to the Board, specifying the
ground thereof and the relief prayed for. A fee of twenty-five
($25.00) shall be posted by the appellant at the time of the filing
of the appeal and shall not be refunded. The Chief shall forthwith
furnish to the Board all papers and other materials relating to
the case. The Board, not less than ten (10) days after the date
of filing of the appeal, shall set a date for a hearing thereon,
and shall give notice thereof by mail to all interested parties.
The Board may in its discretion grant continuances. Such an appeal
shall act as a stay of the decision, ruling, requirement, rule,
regulation, or order in question until the Board has taken final
action on the appeal. At the hearing an affected party may appear
in person or by attorney, and present evidence, both written and
oral, pertinent to the questions and issues involved, and may
examine and cross-examine witnesses. The Board, after the hearing,
shall affirm, modify or reverse the decision, ruling, requirement,
rule,,regulation or order of the Chief, or order him to act. The
decision of the Board shall be final as to all parties and persons.
(d) In the event any party aggrieved by a final decision of the Board
wishes to take exception thereto such party may initiate proceedings
for judicial review of the decision of the Board in accordance with
the procedures set forth in the Indiana Statute on "Appeals From
Council or City Boards" (Acts 1933, Chapter 255, Sections 1-9,
page 1109, Burns' Section 48-4501 through 48-4509) including all
amendments thereto.
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(e) Upon the filing of a complaint on appeal against any final deci-
sion of the Board in a court of competent jurisdiction, the Board
shall cause to be prepared and shall furnish a transcript of the
record of the proceedings before the Board to any person inter-
ested as a party to such hearing upon the payment of seventy-five
(75) cents per page for each carbon copy thereof. However, the
charges of any part of such transcript ordered or paid for pre-
vious to the writing of the original record shall be fifty (50)
cents per page.
(f) The Board shall not be required to ceritfy any record or file any
answer or otherwise appear in any proceeding for judicial review
unless the party filing the appeal deposits the sum of seventy-
five (75) cents per page as payment for the costs of preparation
of a transcript. The fee of seventy-five (75) cents per page shall
include the cost of certification by the Board of the transcript.
Failure on the part of the complainant on appeal to make such pay-
ment shall be grounds for dismissal of the action.
(3.0) TITLE THREE - Installation Permit and Certificate of Operation For
(51.5) Non-domestic Heating Plants
9,41.301 APPLICATION REQUIRED.
No person shall construct, install, reconstruct, or alter any process,
fuel-burning or refuse-burning equipment or control equipment pertaining
thereto, which may be a source of air contaminants, for use within the
City and four (4) miles beyond the corporate city limits until an appli-
cation, including not less than two (2) sets of properly prepared plans
or specifications, or both, of the process, fuel-burning, refuse-burning,
or control equipment have been filed with and approved by the Chief of
the Air Pollution Control Department; this in no way precludes relocation
of equipment if such relocation or rearrangement does not increase the
emission of air contaminants. In the event that such construction, in-
stallation, reconstruction or alteration of equipment referred to herein
is undertaken in connection with any construction, alteration, or re-
modeling for which a building permit is required by the ordinance of the
City, then the person undertaking such construction, alteration or
remodeling shall obtain the approval of the Chief on all matters relat-
ing to equipment referred to herein prior to making application for a
Building Penr.it from the Commissioner of Buildings. In such instances
where Building Permits are required, no separate or additional charge
or fee shall be imposed or collected for the approval of the Chief in
connection with the application for approval required prior to appli-
cation for a Building Permit. Where no Building Permit is required, the
fee for the installation permit shall be as established by the Schedule
of Fees in this Chapter. Applications for Building Permits for con-,
str'uction work includes provision for any process, fuel-burning or refuse-
burning equipment or control equipment pertaining thereto not bearing the
approval of the Chief shall be rejected by the Commissioner of Buildings
until such approval is obtained.
i
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941.302 CERTIFICATE OF OPERATION.
(a) No person shall operate or cause to be operated any process, fuel-
burning, refuse-burning, or control equipment or any equipment
pertaining thereto for which an installation permit was required
or was issued or for which an installation permit would have been
required if this chapter had been in effect prior to the install-
ation, construction, or alteration of the equipment until an in-
spection has been made by the Chief and a certificate of operation
issued. The person responsible for the installation, construction,
or alteration of any process, fuel-burning, refuse-burning or con-
trol equipment for which an installation permit is required or
would have been required shall notify the Chief when the work is
completed and ready for final inspection. No equipment shall be
operated for any other purpose or in any other manner than that
for which a certificate of operation has been issued unless other-
wise authorized in writing by the Chief. After it is demonstrated
to the satisfaction of the Chief that the process, fuel-burning,
refuse-burning, or control equipment can be operated in compliance
with this chapter, a certificate of operation shall be issued by
the Chief, valid for a period of two (2) years. Emission tests
may be required by the Chief before issuance of a certificate of
operation. Said certificate of operation shall be kept posted on
or near the installation for which it was issued. The certificate
of operation shall properly identify the equipment to which it
pertains and shall specify the class of fuel, type of refuse, and
type of raw materials used, if any, which may be used in connection
with the operation of the equipment. Certificates of operation
shall be issued in the name of the owner or operator of the equip-
ment and shall apply only to the equipment described on the certi-
ficate. The certificate of operation shall remain in force until
terminated by any of the following occurrences:
(1) Expiration of the period for which it was issued.
(2) Conviction of a violation of this chapter.
(3) Suspension of a variance previously granted under
Title Eight (8) of this chapter.
Failure to operate successfully under test within the limitations
and requirements of this chapter shall constitute sufficient grounds
for ordering changes in the process, fuel-burning, refuse-burning,
or control equipment or appurtenances before a certificate of op-
eration will be granted. Operation of equipment for which a cer-
tificate of operation has been refused by the Chief shall consti-
tute a violation of this chapter and shall subject the person so
violating this chapter to the penalties imposed herein.
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(b) Notwithstanding the provisions of 941.302 (a), if application
for a certificate of operation has been made and the required
inspection fee paid, it shall be lawful to use such equipment
or device until receipt of such certificate or initial notifi-
cation by the Chief of his refusal to grant such Certificate.
With respect to any equipment in operation on the effective
date of this ordinance, application for certificates of oper-
ation shall be made within thirty (30) days following the effect-
ive date of this ordinance.
941.303 INFORMATION REQUIRED.
Applications for installation permits and certificates of operation
shall show the form and dimensions of the process, fuel-burning, refuse-
burning, or' control equipment, together with the description and dimen-
sions of the building or part thereof in which such process, fuel-burn-
ing, refuse-burning, or control equipment is to be located, including
the means provided for admitting the air for combustion process; the
character of the fuel to be used; the maximum quantity of such fuel to
be burned per hour; the kind and amount of raw materials processed; the
expected air contaminant emission rate; the operating requirements; the
use to be made of such process, fuel-burning, refuse-burning, or control
equipment; contaminant concentration, gas volume, and gas temperature
at the emission point; physical characteristics of particulates emitted;
the location and elevation of the emission point relative to nearby
structures, window openings, etc., a flow diagram showing the equipment
under consideration and its relationship to other processes, if any,
and a general description of these processes; and such other reasonable
and pertinent information that may be deemed necessary by the Chief for
the purpose of issuing a permit for the installation or operation of any
such equipment.
If applicant deems the process or equipment to be secret, he may file,
w,ith the approval of the Chief, an affidavit to the effect that such
equipment or process will be so used as to comply with all other pro-
visions of this ordinance. Plans and specifications filed with such
an affidavit will remain the property of the applicant and shall be only
for the confidential use of the Chief, the Board, and their represent-
atives, unless such owner or operator shall expressly agree to their
publication or availability to the general public. Nothing herein shall
be construed to prevent the use of such records or information by any
department, agency or officer of the city in compiling or publishing
analyses or summaries relating to the general condition of the ambient
atmosphere; provided that such analyses or summaries do not identify,
directly or indirectly, any owner or operator or reveal any information
otherwise confidential under this section.
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941.304 ACTIONS ON APPLICATIONS.
. Applications for installation permits and for certificates of operation
shall be acted on within a reasonable period of time, after they are
filed in the office of the Chief. The Chief shall notify the person
applying for the permit or certificate of the approval or rejection of
the application in writing. Upon the approval of the application and
upon the payment of the prescribed fees, the Chief shall issue the
installation permit or the certificate of operation.
941.305 APPLICABILITY OF THE PERMIT.
No construction, installation, reconstruction, or alteration shall be
made which is not in accordance with the plans, specifications, and other
pertinent information upon which the installation permit was issued with-
out the written approval of the Chief.
941.306 VALIDITY OF PERMITS.
If construction, installation, reconstruction, or alteration is not
begun within six (6) months from the date of the issuance of the install-
ation permit, the permit shall be void.
941.307 RENEWAL OF CERTIFICATES OF OPERATION.
Certificates of operation shall be valid for two (2) years from the date
of issuance. Such certificates shall be renewable for additional two
(2) year periods upon application to the Chief and upon a showing to the
Chief that the equipment continues to meet the requirements imposed by
this chapter.
941.308 PROSECUTION OF ORDINANCE VIOLATIONS.
The issuance by the Chief of any installation permit or certificate of
operation shall not be held to exempt the person to whom the permit or
certificate was issued from prosecution for the emission of air contam-
inants prohibited by this chapter.
941.309 EMERGENCY REPAIRS.
An emergency repair may be made prior to the application for an install-
ation permit if serious consequences would probably result if the repair
were deferred. When such repair is made, the person concerned shall
notify the Chief on the first business day after the emergency occurred
and file an application for an installation permit if directed to do so
by the Chief.
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941.310 .DOMESTIC HEATING PLANTS.
The provisions of this article relating to certificates of operation
are not applicable to domestic heating plants or approved domestic
heating plants or approved domestic or household incinerators of single
and duplex buildings.
(2.0) TITLE FOUR - Schedule of Fees
941.401 FEE FOR INSTALLATION PERMITS.
The fee for the issuance of installation permits for the installation,
erection, construction, reconstruction, alteration of, or addition to,
fuel-burning, combustion or process equipment or devices, and install-
ation of apparatus or devices for the prevention or arresting of the
discharge, smoke, particulate, liquid, gaseous, or other matter shall
be ten dollars ($10.00). '
941.402 FEES FOR CERTIFICATES OF OPERATION.
Fees shall be as follows .for the issuance of certificates of operation:
(a) Fuel-burning equipment used for space heating, steam, incineration
or hot water generation for each unit:
(1) Of a capacity of at least 650,000 BTU/hr. but less
than 2,800,000 BTU/hr $10.00
(2) Of a capacity of 2,800,000 BTU/hr. or more $20.00
(b) Refuse-burning equipment for each unit:
(1) With less than fifteen (15) square feet of grate.
area $10.00
(2) With fifteen (15) square feet or more of grate area..$20.00
(c) Process equipment or control devices:
(1) Per one (1) unit operation or one (1) unit pro-
cess creating atmospheric pollution or any
device controlling atmospheric pollution $10.00
(2) Per plant system of ten (10) or more units $100.00
The fee for biennial inspection shall include the issuing of a certifi-
cate of operation.
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941.403 PAYMENT OF FEES.
All fees prescribed for the issuance of permits, licenses or certifi-
cates, or for the inspection of plans, premises or equipment, under any
provision of this chapter, shall be paid to the City Controller, who
shall render to the person making such payment a receipt stating the
amount and purpose for which such fee has been paid. A duplicate of
the Controller's receipt shall be made a part of -the records of the Air
Pollution Control Department. All fees thus received shall be deposited
with the City Controller.
941.404 FEES ARE DEBT DUE THE CITY - SUIT FOR.
All fees prescribed, or the payment of which is required, under any
provision of this chapter, shall constitute a debt due the City. The
City Attorney may, at the request of the Chief, institute suit in the
name of the City to recover the amount of any such unpaid fee.
(2.0) TITLE FIVE - Standards and Prohibitions
(2.0) 941.501 ADOPTED STANDARDS OR RECOMMENDED PRACTICES.
Where reference is made in this chapter to the standards or recommended
practices of national technical societies, associations, or other organ-
izations, such information shall form and be considered an integral
part of this chapter in the same manner and to the same extent as if
fully reproduced herein. Not less than three (3) copies of such stand-
ards or recommended practices of technical societies, associations, or
other organizations shall be kept on file at all times in the office
of the City Clerk of the City of Evansville. In addition, not less than
two (2) copies of such standards or recommended practices shall be kept
on file at all times in the office of the Chief and shall be available
for consultation by the public.
(16.0) 941.502 DELEGATION OF AUTHORITY TO BOARD.
In recognition of the fact that air pollution abatement, control, and
prevention is a special technical field, the Common Council expressly
delegates to the Air Pollution Control Board the duty of amending the
standards which are herein established, and of adopting new and addi-
tional standards relating to the emission of air contaminants. The
Board, in accordance with the procedures set out in this section, is
expressly and specifically empowered and the power of this Council is
directly delegated to said Board to set air quality objectives, deter-
mine need for specific controls to maintain air purity, and to make and
amend rules and regulations and set standards to control air contamina-
tion within the City. Such standards, rules and regulations, when
adopted as provided in this section, shall become a part of this chapter
and by this delegated power expressly incorporated herein, and all future
regulations made in compliance herewith, upon their adoption shall become
a part hereof. Where no quantitative limit has been established for a
particular emission, that emission shall be exempt.
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.(a) At such time as the Board shall consider that an amendment of the
standards which are herein adopted or a new standard should be
considered, the proposed amendment or new standard shall be pre-
pared in draft form. Said draft standard shall then be circulated
to each of the members of the Board and shall be published at
least once in a newspaper of general circulation in Vanderburgh
Bounty, such publication date to be not less than ten (10) days
before the meeting of the Board at which the said draft regulation
shall be considered for final adoption. The newspaper publication
of the draft standard shall advise the public of the intention of
the Board to consider the draft regulation and shall state when
the Board will consider the draft regulation, and that members of
the public are invited to appear before the Board at that time
and express their opinions on the draft standard.
(b) At the meeting of the Board at which the draft standard is to be
considered and at such continuances of the meeting as shall be
necessary, the Board shall consider the draft standard and shall
give all interested members of the public who appear before the
Board at its meeting the opportunity to be heard on the draft
standard. Thereafter the Board shall vote on the draft standard
and the draft standard shall be considered to have been adopted if
it is supported by the affirmative votes of.no less than four (4)
voting members of the Board.
(c) Upon the adoption of a new standard or the amendment of an exist^
ing standard, the Chief shall immediately cause the standard to
be filed in the office of the City Clerk, and shall cause the
standard to be published in the same manner as is now or may here-
after be provided for the publication of ordinances. The standard
shall have the same force and effect as an ordinance after its
publication.
(d) Notwithstanding the foregoing provisions of this section 941.502,
no standard adopted by the Board shall have any force or effect
if, prior to its final publication as provided herein, a resolu-
tion or an ordinance is enacted by the Common Council at variance
in any way with the proposed standard being considered or adopted
by the Board.
{•50.1.2) 941.503 VISIBLE EMISSIONS.
The Ringelmann Chart shall be used for grading the light-obscuring power
of smoke. No person shall operate any combustion installation so as to
produce, cause, suffer or allow smoke to be emitted, the appearance,
density or shade of which is darker than No. 2 of the Ringelmann Chart.
When cleaning a fire or blowing tubes, smoke which is not darker than a
No. 3 Ringelmann Chart may be emitted for a period or periods not exceed-
ing five (5) minutes in any sixty (60) minute period, such emission
shall not be permitted on more than six (6) occasions during any twenty-
four (24) hour period. When building a new fire, smoke not darker than
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a No. 3 Ri.ngelmann Chart may be a new fire, smoke not darker than a
No. 3 Ringelmann Chart may be emitted, not to exceed ten (10) minutes
on one occasion per day. The Chief, at his discretion, may accept an
extension of the time period and number of such time periods per day.
When a breakdown of equipment or a change of fuel results 1n smoke
darker than a No. 2 of the Ringelmann Chart, the Chief shall be notified
immediately.
The opacity of any color equivalent to the Ringelmann Chart may be used
as evidence in determining process emissions. Where water vapor is the
sole reason for failure of an emission to meet these limitations, it
shall be excepted.
(51.21) 941.504 FUEL AND EQUIPMENT RESTRICTIONS.
(a) Equipment Restriction (Combustion). It shall be unlawful:
(1) To leave any boiler using solid fuel except automatic
boilers unattended if the steam load is five thousand
(5,000) Ibs. per hour or more.
(b), Dual Fuel Boilers. All boilers using more than one type solid
fuel must be equipped with individual firing devices for each
type fuel.
(c) Central Heating Furnaces and Boilers. All heating furnaces and
boilers of the central heating design installed within the City
after the passage of this ordinance, if using solid fuel, shall
be equipped with a mechanical firing device. This section shall
apply to all dwelling units constructed after this date and all
replacements of central heating units must be mechanically fired.
(51.5) 941.505 EMISSION OF PARTICULATE MATTER FROM FUEL-BURNING AND REFUSE-BURNING
(51.9) EQUIPMENT.
(a) No person shall cause, suffer, or allow to be emitted into the out-
door atmosphere from any fuel-burning equipment or premises, or
to pass a convenient measuring point particulate matter in excess
of that set forth in ASME Standard No. APS-1, dated June 15, 1966,
"Recommended Guide for the Control of Dust Emission—Combustion
' for 'Indirect Heat Exchangers." For the purposes of this part,
the maximum downwind ground level dust concentration of fifty (50)
micrograms per cubic meter for a thirty (30) to sixty (60) minute
time period.
Figure 2 in the ASME Standard may be used to estimate allowable
emissions. However, irrespective of stack height, the maximum
allowable emission for any stack shall be 0.6 pounds for new
equipment and 0.8 pounds for existing equipment of particulates
per million BTU input.
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(b) The burning of refuse in fuel-burning equipment is prohibited
except in equipment from which (1) no visible emission in excess
of that permitted by Section 941.503 is present, (2) no air pol-
lutants in excess of that permitted by Sub-section (a) of this
Section 941.505 are emitted and (3) no odorous materials arising
from the installation are observable beyond the premises on which
the installation is located.
(51.9) 941.506 INCINERATORS AND EMISSION OF PARTICULATE MATTER FROM INCINERATORS.
No person shall cause or permit the emission of parti oil ate matter from
the stack or chimney of any incinerator in excess of the following:
(a) Incinerators with a maximum refuse-burning capacity of 1,000 or
more pounds per hour, 0.4 pounds of particulate matter per 1,000
pounds of dry exhaust gas at standard conditions corrected td
50% excess air.
(b) All other incinerators, 0.7 pounds of particulate matter per
1,000 pounds of dry gas at standard conditions corrected to
50% excess air.
(c) No incinerators shall emit or produce smoke in excess of the.
requirements of Part 941.503 of this chapter.
(d) No incinerator shall emit or produce odorous material arising
from the installation which is detectable beyond the premises
on which the installation is located.
All new incinerators shall meet the above criteria or be as approved
by the Chief.
(50.1.1) 941.507 EMISSION OF PARTICULATE MATTER FROM INDUSTRIAL PROCESS EQUIPMENT.
The maximum allowable emission of particulate matter from any source
except fuel-burning and refuse-burning equipment shall be determined
from the following table. To use the table, find the process weight
per hour in the table, and note the allowable rate of emissions in
pounds per hour next to the process weight per hour.
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ALLOWABLE RATE OF EMISSION BASED ON PROCESS WEIGHT RATE3
Process Weight Rate
Lb/Hr.
100
200
400
600
800-
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
'6,000
7,000
8,000
9,000
10,000
12,000
• Tons/Hr.
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
6.00
Rate of
Emission
Lb/Hr.
0.551
0.877
1.40
1.83
2.22
2.59
3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
10.4
11.2
12.0
13.6
Process Weight Rate
Lb/Hr.
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000
_ Tons/Hr.
8.00
9.00
10.
15.
20.
25.
30.
35.
40.
45.
50.
60.
70.
80.
100.
500:
1,000.
3,000.
Rate of
Emission
Lb/Hr.
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7
-Interpolation of the data in this table for process weight rates up to
60,000 lb/hr.' shall be accomplished by use of the equation E = 4.10Pu-5/,
and interpolation and extrapolation of the data for process weight rates
in excess of 60,000 lb/hr. shall be accomplished by -use of the equation
E = 55.0P0-''r40, where E = rate of emission in Ib/hr. and P = process
weight in 'tons/hr.
(9.0) 941.508 STACK EMISSION TEST METHOD.
Stack emission tests for determination of particulate emission shall be
conducted in accordance with generally recognized standards or methods
of measurements. Such generally recognized standards or methods shall
consist of the latest of the following: "ASME Test Code for Dust Sepa-
rating Apparatus," the "ASME Test Code for Determining Dust Concentrations
in Gas Streams," and the "Los Angeles County Source Testing Manual;" or
any other mutually agreed upon testing procedure.
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(51.16) 941.509 STORAGE OF PETROLEUM OR OTHER VOLATILE PRODUCTS.
A person shall not place, store or hold in any stationary tank, reser-
voir or other container of more than sixty-five thousand (65,000) gallons
capacity any petroleum product or mixture of products having a vapor
pressure of one and five-tenths (1.5) pounds per square inch absolute
or greater under actual storage conditions, unless such tank, reservoir
or other container is a pressure tank maintaining working pressures
sufficient at all times to prevent hydrocarbon vapor or gas loss to the
atmosphere, or is designed and equipped with one of the following vapor
, loss control devices, properly installed, in good working order and in
! operation:
(a) A floating roof, consisting of a pontoon-type or double-deck type
roof, resting on the surface of the liquid contents and equipped
with a closure seal, or seals, to close the space between the roof
edge and tank wall. The control equipment provided for in this
paragraph shall not be used if the gasoline or petroleum distil-
late has a vapor pressure of eleven (11.0) pounds per square inch
absolute or greater under actual, storage conditions. All tank
gauging and sampling devices shall be gas-tight except when
gauging or sampling is taking place.
, (b) A vapor recovery system, consisting of a vapor-gathering system
capable of collecting the hydrocarbon 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 tank gauging and sampling devices gas-tight except
when gauging or sampling is taking place,
(c) Other equipment of equal efficiency. \
. (51.16) 941.510 VOLATILE PETROLEUM DISTILLATE: LOADING INTO TANKS, TRUCKS,
TRAILERS AND RAILROAD TANK CARS.
No person shall load volatile petroleum distillates into any tank,
truck or trailer or railroad car from any loading facility unless such
/ loading operation utilizes a submerged fill pipe or such loading facility
is equipped with a vapor collection and disposal system or its equivalent,
properly installed, in good working order, in operation and approved by
the Chief.
For purposes of this section, any petroleum distillate having a Reid
vapor pressure of four (4) pounds or greater shall be included within
the term "volatile petroleum distillate."
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For purposes of this section, the term "submerged fill pipe" is defined
as any fill pipe the discharge opening of which is entirely submerged
when the liquid level is six (6) inches above the bottom of the tank.
"Submerged fill pipe" when applied to a tank which is loaded from the
side is defined as any fill pipe the discharge opening of which is
entirely submerged when the liquid is eighteen (18) inches above the
bottom of the tank.
(51.21) 941.511 GLARE AND HEAT.
No industrial operation, activity or structure shall cause intense heat
in such a manner as to be a public nuisance or hazard across lot lines.
No industrial operation, activity or structure shall cause illumination
at or beyond any residence district boundary in excess of one-tenth
(0.1) foot candle.
(50.7) 941.512 VIBRATION.
No industrial operation or activity shall cause at any time or at any
point along the nearest adjacent lot line, earth-borne vibrations in
excess of the limits set forth in Column I below. In addition, no
industrial operation or activity shall cause at any time or at any point
along a residence district boundary line, earth-borne vibrations in
excess of the limits set forth in Column II.
Vibration shall be expressed as resultant displacement in inches.
Frequency Displacement Displacement
(Cycle? per Second) (Inches) (Inches)
Below 10 .0008 .0004
10 to 20 .0005 .0002
20 to 30 .0002 .0001
30 to 40 .0002 .0001
40 or over .0001 .0001
The above tabulation is for steady state vibration which is defined as
continuous vibration, in contrast to discrete pulses. Impact vibration,
that is, discrete pulses which do not exceed one-hundred (100) impulses
per minute, shall not produce in excess of twice (2 times) the displace-
ment stipulated above.
(50.7) 941.513 NOISE.
At no point on the boundary of "R" Residential or "C" Commercial Districts
as the same are defined in the Zoning Code of the City shall the sound
pressure level of any operation or plant (other than background noises
produced by sources not under the control of this chapter, such as the
operation of motor vehicles or other transportation facilities) exceed
the decibel limits in the octave bands designated below:
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I
II
Octave Band Frequency
(Cycles Per Second)
Maximum Permitted
Sound Level
(In Decibels)
ALONG RESIDENCE
DISTRICT BOUNDARIES
Maximum Permitted
Sound Level
(In Decibels) .
ALONG BUSINESS
DISTRICT BOUNDARIES
20 to 75
75'to 175
175 to 300
300 to 600
600-to 1200
1200 to 2400
2400 to 4800
Above 4800
72
67
59
52
46
40
34
32
79
74
66
59
53
47
41
39
The prescribed limits of Column I are applicable between the hours of
8:00 A.M. and 6:00 P.M. At other times the allowable levels shall be
reduced six (6) decibels in every octave band.
Sound levels shall be measured with a sound-level meter and associated
octave band filter, manufactured in compliance with standards prescribed
by the American Standards Association. When sounds are of such short
duration as not to be measured accurately with the sound-level meter, the
impact .noise analyzer as manufactured under standards of the American
Standards Association shall be used to determine the peak value of the
impact. Impa'cts shall meet the noise performance standards. Sound levels
in excess of those stipulated herein may be permitted at such times and
under such' circumstances as agreed upon by the Chief.
(51.13) 941.514 OPEN BURNING.
(a) No person shall cause, suffer, or allow open burning of refuse,
rubbish, grass, wood, garbage or any other material. No person
shall conduct a salvage operation by open burning. Open burning
may b'e permitted if all the following conditions are met:
(1) A written statement is filed with the Chief giving the reasons
, why no 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 burning will take place;
the dates and times when the open burning will be done.
(2) A permit is obtained from the Fire Department indicating that
no safety hazard will be created by the open burning.
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(3)' Written approval is received from the Chief, who may, at
his discretion, impose such conditions as he shall deem
necessary to prevent the creation of a nuisance.
(b) Notwithstanding the provisions of.Sub-section (a) of this Section,
the open burning of leaves may be permitted by order of the Board
of Public Works at such times and under such conditions as may be
determined by the Board of Public Works.
(c) Exemptions from this part are as follows:
(1) Camp fires and fires used solely for recreational purposes
where such fires are properly controlled by a responsible
person.
(2) Burning of rubbish on a farm, derived from an agricultural
operation, when the prevailing winds at the time of burning
are away from populated areas and no nuisance is created.
(3) Open burning, in remote areas, of highly explosive or other
dangerous matters for which there is no other known method
of disposal or for special purposes when approved by the
Chief.
(4) Open burning of refuse, except garbage, not otherwise exempted
under this chapter, where city or county government does not
provide collection service or where commercial collection ser-
vices are not available. Exceptions apply in all areas where
'they are not prohibited by ordinance or other officials having
jurisdiction such as local fire officials.
(d) Open burning shall not apply to residential units up to and includ-
ing four (4) unit apartments.
(50.7) 941.515 NUISANCE ABATEMENT.
(a) No person shall permit or cause the emission of such quantities of
air contaminants from whatever source in such place or manner as
to be detrimental to the public or to endanger the health, comfort,
or safety of any person or the public, or in such manner as to
cause or have a tendency to cause injury or damage to property or
business. Each day wherein a violation of this section occurs shall
constitute a separate offense. Any act or emission of air contam-
inants from any single or multiple source in violation or excess
of the limitations established in this ordinance shall be unlawful
and is declared hereby to constitute a public nuisance. Such a
nuisance may be ordered abated by the Chief and such abatement may
be in addition to all other fines and penalties herein provided.
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(b) No person shall cause or permit the handling,.transporting, or
disposition of any substance or material which is likely to be
scattered by the wind, or is susceptible to being wind-borne,
without taking reasonable precautions or measures to minimize
atmdspheric pollution. No person shall operate or maintain, or
cause to be operated or maintained, any premises, open area,
right-of-way, storage pile of materials, or vehicle, or con-
struction, alteration, demolition, or wrecking operation, or any
other enterprise, which involves any material or substance likely
to be scattered by the wind, or susceptible to being wind-borne,
without taking reasonable precautions or measures to minimize at-
mospheric pollution. No person shall maintain or conduct, or
cause to be maintained or conducted, any lot or roadway unless
such lot or roadway is maintained in such manner as to minimize
atmospheric pollution. The Chief shall co-operate with private
and public agencies in the problem of controlling wind-borne
pollutants.
(c) Nothing in this chapter shall in any manner be construed as author-
izing or legalizing the erection or maintenance of a nuisance.
(7.0) 941.516 BREAKDOWN OF EQUIPMENT.
Emissions exceeding any of the limits established in this Title Five as
a direct result of upset conditions in or breakdown of any process, fuel-
burning, refuse-burning or control equipment or related operating equip-
ment, which upset conditions or breakdown is beyond the control of the
person owning or operating the equipment, shall not be deemed to be a
violation of this Title iFive provided that the owner or operator immedi-
ately advises the Chief of the circumstances and outlines a corrective
program acceptable to the Chief.
(2.0) 941.517 CIRCUMVENTION.
No person shall build, erect, install or use any article, device, machine,
equipment or other contrivance, the purpose of which is to dilute or
conceal the emission of air contaminants without resulting in a true
reduction in the total release of air contaminants to the atmosphere.
(9.0) TITLE SIX - Sampling and Testing
(9.0) 941.601 AUTHORITY TO CONDUCT TESTS.
(15.0)
(a) The Chief or his authorized representative is hereby authorized to
conduct any test or tests of any new or existing process, fuel-
burning, refuse-burning, or control equipment the operation of which,
in his opinion, may result in emissions in excess of the limitations
in this chapter or when, in his judgment, there is evidence that
emissions from any such equipment are exceeding any emission limi-
tation prescribed in this chapter. Upon notification by the Chief
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that emission tests are considered necessary, the owner or oper-
ator of such equipment may elect to conduct such tests himself.
In this event, such owner or operator shall within ten (10) days
after receiving notice of the necessity for such test, notify the
Chief of this decision and of the time and date of such testing,
All tests made under this ordinance shall be in conformity with
generally accepted standards or as recognized by the ASME Code,
and a complete, detailed test report of such tests shall be sub-
mitted to the Chief. The Chief may require that a representative
of his office be present during the conduct of such tests and may
stipulate a reasonable time limit within which such tests must be
completed.
(b) Nothing in this section concerning tests conducted by any person
or his authorized agent shall be deemed to abridge the rights of
the Chief or his representatives to conduct separate or additional
tests, of any process, fuel-burning, refuse-burning, or control
equipment on behalf of the City at any reasonable time.
(9.0) 941.602 TEST FACILITIES AND ACCESS.
It shall be the responsibility of the owner or operator of the operation
tested to provide, upon notice by the Chief, at such owner's or oper-
ator's expense, reasonable and necessary openings in all systems or
stacks and safe and easy access thereto, to permit technically valid
samples and measurements to be taken. All new potential sources of air
contaminants erected after the effective date of this chapter may be
required by the Chief to provide adequate openings in the system or
stack, and safe and easy access thereto, to permit technically valid
measurements and samples to be taken. If a person refuses to supply
test openings, access scaffolding, and other necessary facilities re-
quested for the purpose of conducting valid emission tests by the Chief,
the Chief shall notify such person to show cause before the Chief on a
day certain, not less than ten (10) nor more than twenty (20) days from
the date of notice, why the equipment should not be sealed. Failure,
after notice, to provide such openings and access thereto shall con-
stitute sufficient grounds for the sealing of the equipment as provided
by Title Seven herein.
(15.0) 941.603 RIGHT OF ENTRY FOR INSPECTION.
No person'shall in any manner, hinder, obstruct, delay, resist, prevent,
or in any manner interfere or attempt to interfere with the Chief, or
his authorized representatives, in the performance of any duty herein
specified.* No person shall refuse to permit the Chief or his represent-
atives to perform their duty by refusing them entrance at reasonable
hours to any premises in which the provisions of this chapter are being
violated or are suspected of being violated, or refuse to permit the
inspection or examination of such premises for the purposes of the en-
forcement of this chapter. Any person violating the provisions of this
section sh.all be,subject to the fines and penalties hereinafter provided.
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(2.0) TITLE SEVEN - Procedure for Violations -.Sealing
(2.0). 941.701 VIOLATION NOTICE.
If the Chief, after properly indicated tests and evaluation, finds that
an emission from any source violates the provisions of Title Five hereof,
he may, instead of or in addition to initiating action under Title Nine,
issue to the owner or operator of the source in question a violation
•notice. Such violation notices shall not be issued to plants operating
under emergency conditions as outlined in Part 941.309, nor shall action
be taken under Title Nine.
(2.0) ' 941.702 SEALING.
After the issuance by the Chief of three (3) or more violation notices
in accordance with the terms of Section 941.701 herein, which three (3)
violation notices shall have been issued within a twelve (12) month
period and against the same person arising out of excessive emission
from the same equipment, such person shall be notified by certified
mail to show cause before the Chief within ten (10) days from the
receipt of such notice why the equipment emitting such excessive emission
should not be sealed. Such notice shall be mailed to the last known
address of the person or persons who are the owners or operators of
record and responsible for the equipment concerned. In the event that
the whereabouts of the person to be so notified is unknown, then such
notice shall be posted on or near the premises at which the violations
have occurred. Upon failure of such person or his. representative to
show good cause why the offending equipment should not be sealed and if
the Chief .determines that adequate corrective measures have not been
taken, the Chief shall seal the equipment until such time as such ade-
quate corrective measures are taken. It shall be unlawful for any per-
son to break a seal that has been duly affixed by the Chief or his •
authorized representative unless authorized in writing by the Chief to
do so. '
(16.0) 941.703 APPEALS FROM DECISION OF CHIEF.
(a) Appeals of violation notices. Any person who;is issued or affected
by a- violation notice issued in accordance with Section 941.701
herein, may, within thirty (30) days from the date of issuance of
said notice, submit data to the Chief indicating reasons why he does
not believe that his equipment was in violation of the standards
set forth in Title Five of this chapter. The Chief shall review
such data so submitted to him including the results of emission
tests, if any, and within fifteen (15) days following the receipt
of such data the Chief shall either affirm or withdraw the viola-
tion notice by informing, in writing, the person receiving such
notice of his decision. Upon affirmation of such violation notice
the person receiving such violation notice shall have ten (10) days
following the issuance of the Chief's affirmation to appeal such
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affirmation of the violation notice to the Air Pollution Control
Board in accordance with the procedures set forth in Section
941.205 of this chapter.
(b) Appeal of Chief's decision to seal. The decision of the Chief to
seal any equipment in accordance with Section 941.702 hereof may
be appealed to the Air Pollution Control Board in accordance with
the.procedures established by Section 941.205 Of this chapter.
Such an appeal to the Air Pollution Control Board shall stay the
sealing of the equipment until a final determination of the appeal
by the Air Pollution Control Board.
(5.0) TITLE EIGHT - Variances
941.801 VARIANCE.
Where emission sources in existence prior to the adoption of this chapter
do not meet the emission limitations established by Title Five herein,
then a program to meet the required emission standards shall be developed
and submitted to the Chief by the owner of the equipment causing the
prohibited emission. Such program shall be submitted upon the request
of, and within such times as shall be fixed by the Chief, and after such
program has been approved by the Chief, the owner of the equipment
causing the emission shall not be in violation of this chapter so long
as such program is observed. In evaluating such a program of improvement,
the Chief shall take into consideration the following factors:
(a) Action taken to control atmospheric pollution within emission
limitations in effect on the effective date of this ordinance.
(b) Efficiency of any existing control equipment relative to that
which would be required to meet emission limitations of this
chapter.
(c) Temporary interim control measures intended to minimize existing
pollution levels.
(d) The effect of the source of emission.on ambient air quality gener-
ally and in the immediate vicinity of the source.
(e) The degree of control in relation to other similar facilities
which produce air pollution.
(f) The age and prospective life of the facility in question.
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Reports consisting of information required by the Chief indicating the
progress of .these programs shall be submitted semi-annually the Chief
by the owner of the equipment causing the emission irt question. If the
program is not followed, the Chief may suspend the program by giving
written notice of his decision to the owner of the equipment or his rep-
resentative, and after such suspension take such other steps and proce-
dures as shall be warranted in conformity with the provisions of this
chapter. In the event the owner of the equipment causing the^emission
and the Chief cannot evolve a mutually acceptable program of improvement,
the matter shall be referred to the Air Pollution Control'Board for
resolution and determination of an acceptable program. In making their
determination, the Air Pollution Control Board shall also take into con-
sideration the factors noted in (a) through (f) of this Section.
i
(15.0) TITLE NINE - Penalties for Violations
941.901 PERSONS LIABLE.
All persons owning, operating, or in charge or control of any equipment
or premises who shall cause, suffer, allow, permit, or participate in
any violation of this chapter shall be individually and collectively '
liable for any violations of this chapter and shall be subject to the
penalties imposed herein. .
/ . . •
941.902 PENALTIES.
Any person who shall violate any of the provisions of this ordinance shall,
upon conviction therefor, pay a fine of not less than ten dollars ($10.00)
nor more than three hundred dollars ($300.00) for each violation, to which
may be added imprisonment for a term not to exceed one hundred eighty
(180) days. <
Each day's violation shall constitute a separate offense, and every pro-
hibited emission from each chimney, smoke stack, open fire, or other
point of discharge shall constitute a separate offense. A separate and
distinct offense shall be regarded as committed each day on which such
person sha^l continue or permit any such violation to exist after noti-
fication t'hereof by the Chief.
941.903 ABATEMENT. .
The penalty provisions which are herein provided are in addition to and
supplemental of abatement procedures and other actions by the Chief con-
templated 'and authorized by this chapter.
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(2.0) TITLE TEN - Severability
941.1001 SEVERABILITY.
If any clause, sentence, paragraph or part of this-chapter, or the
application thereof to any person, firm, corporation or circumstances,
'shall for any reason, be adjudged by a Court of competent jurisdiction
to be unconstitutional or invalid, said judgment shall not affect,
impair or invalidate the remainder of this Chapter, and the application
of such provision to other persons, firms, corporations or circumstances,
but shall be confined in its operation to the clause, sentence, para-
graph or part thereof directly involved in the controversy in which such
judgment shall have been rendered and to the person, firm, corporation
or circumstances involved. It is hereby declared to be the legislative
intent of the Common Council of the City of Evansvilie that this chapter
would be adopted independent of the elimination he.refrom of any such
portion as may be declared invalid.
Section 2. That there is hereby added to the Municipal Code of
Evansville, Indiana, 1962, a sub-section numbered 1305.03 (g) of
the Section numbered and titled 1305.03 Permits; Application,
which sub-section so numbered shall read as follows:
"1305.03 (g)
In the event that the construction, reconstruction, alteration or
remodeling work for which a permit is required involves or includes
the construction, installation, reconstruction or alteration of any
process, fuel-burning or refuse-burning equipment or control equip-
ment pertaining thereto (as such terms are defined in Section 941.
103) no person shall present an application for a building permit
nor shall such an application be accepted by the Commissioner until
such application is first approved by the Chief of the Air Pollution
Control Department in accordance with the requirements of Chapter
941 of the Municipal Code of the City." '
Section 3. That the Municipal Code of Evansville, Indiana, 1962,
is amended hereby by the repeal and deletion therefrom of the
sections numbered and titled 1171.07 Glare and Heat, 1171.08
Vibration, and 1171.09 Noise.
Section 4. That this ordinance shall be in full force and effect
from and after its passage by the Common Council, its approval by
the Mayor and its publication as provided by law, which publication
is now ordered.
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MUNICIPAL CODE OF GARY, INDIANA
RELATING TO
AIR QUALITY CONTROL
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•r AN ORDINANCE TO REGULATE SMOKE AND CONTROL
AIR QUALITY/WITHIN THE CITY 'OF GARY, 'INDIANA,
AND TO ESTABLISH THE DIVISION OF AIR POLLUTION
^.;, CONTROL WITHIN THE DEPARTMENT OF "HEALTH.
ARTICLE I
(2.0) GENERAL PROVISIONS
> •
(2.0) Sec. 1.1 SHORT TITLE. This ordinance shall be known and cited as the
"Air Duality Control Ordinance."
(2.0) Sec. 1.2 PURPOSE. This ordinance is designed to control air pollution by
establishing the Division of Air Pollution Control within the
Department of Health in the City of Gary, Indiana, and prescribing
the duties of the Chief of air pollution control, empowering in-
vestigation and abatement by the Chief of violations of this
ordinance, providing for the establishment and enforcement of
rules and regulations, providing for an air^pollution control
advisory board, providing for an air pollution appeals board,
.providing for registration of air pollution sources, permits for
the installation, construction, addition to, alteration, and use
of process, fuel-burning, refuse-burning, and control equipment
and fo.r fees for the same, providing for inspections and tests of
process, fuel-burning, refuse-burning, and control equipment and
for the issuance of certificates of operation and for fees there-
fore, establishing limitations upon the emission of air pollutants,
declaring emissions which do not meet such limitations to be un-
lawful and a public nuisance, prohibiting certain acts causing
air pollution, providing for fines and penalties for violation of
the provisions of this ordinance, and providing just and adequate
means by which the provisions of this ordinance may be executed.
(1.0) Sec. 1.3 DEFINITION OF TERMS. The following words and phrases when used
iin this ordinance shall for the purposes of this ordinance have
the meanings respectively ascribed to them in this article, unless
a different meaning is clearly indicated.
i
1, ."Air Contaminant." Any smoke, soot,-fly ash, dust, cinders,
dirt, noxious or obnoxious acids, fumes, oxides, gases, vapors,
odors, toxic or radioactive substances, waste, particulate,
• ' ' solid, liquid or gaseous matter, or any other materials in
the outdoor atmosphere, but excluding uncombined water.
.2. "Air Pollution." The presence in the outdoor atmosphere of
one or more contaminants or combinations thereof in such
quantities and of such duration that they are or may tend to
be injurious to human, plant, or animal life, or property,
1 'or that interfere with the comfortable enjoyment of life or
.property or the conduct of business.
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3. "ASME." The American Society of Mechanical Engineers.
4. "ASTM." The American Society for Testing and Materials.
5. "Ashes." Includes cinders, fly ash or any other solid
material resulting from combustion, and may include unburned
combustibles.
6. "Advisory Board." The board created by this ordinance to
' act as the Air Pollution Control Advisory Board to the Chief
and the Board of Health.
7.. "Appeals Board." The board created by this ordinance to act
as provided for pursuant to section 2.5 of this ordinance.
8. "Certificate of Operation." A certificate issued by the
Chief authorizing the use of any process, fuel-burning, refuse-
burning, or control equipment for the period indicated after
it has been found that it can be operated in compliance with
the ordinance.
9. "City." City of Gary, Indiana.
10. "Chief." Chief of the Division of Air Pollution Control of
the City of Gary Health Department, or his authorized repre-
sentative.
11. "Cleaning Fires." Act of removing ashes from the fuel bed
or furnace.
12. "Combustible Refuse." Any combustible waste material.
13.' "Control Equipment." Any equipment which has the function
of regulating that portion of a process, fuel-burning, or
refuse-burning equipment which may release contaminants and
thus reduce the creation of, or the emission of air contami-
nant to the atmosphere, or both.
14. "Council." Common Council of the City of Gary.
i
15. "Department." The City of Gary Health Department.
16. "Director." The Director or Commissioner of the Health
Department or his authorized representative.
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17. "Domestic Heating Plant." A plant generating heat for a
single residence, or for two residences either in duplex
or double house form, or for multiple-dwelling units in
which such plant serves fewer than five apartments. Under
this designation are also hot water heaters, stoves, space-
heaters and other domestic appliances used in connection
with the foregoing establishments, or to heat temporary
buildings provided however, that like equipment used in
multiple-dwelling units other than herein described, or
used in permanent buildings of commercial or industrial
establishments, is not to be construed as included under
this designation.
18. "Domestic Refuse-Burning Equipment." Any refuse-burning
equipment or incinerator which is portable, packaged, com-
pletely assembled, and direct-fed, having not over five (5)
•cubic feet storage capacity or twenty-five (25) pounds per
hour burning rate, designed to handle combustible refuse
consisting of approximately equal amounts of rubbish and
garbage by weight.
19. "emission." The act of passing into the atmosphere of air
contaminant, or the material so passed to the atmosphere.
20. "Fuel-Burning Equipment." Any equipment, device, or contri-
vance used for the burning of any fuel and all appurtenances
thereto, including ducts, breechings, control equipment, fuel-
feeding equipment, ash-removal equipment, combustion controls,
stacks, chimneys, etc., used for indirect heating in which
the material being heated is not contacted by and adds no
substance to the products of combustion. Such equipment
typically includes that used for heating water to boiling;
raising steam, or superheating steam; heating air as in a
warm air furnace; furnishing process heat that is conducted
through process vessel walls; and furnishing process heat
indirectly through its transfer by fluids.
21. "Hand-Fired Fuel-Burning Equipment." Fuel-burning equipment
in which fuel is manually introduced directly into the com-
bustion chamber.
22. "Incinerators." All devices intended or used for the destruct-
ion of refuse or other combustible refuse by burning.
23. "Installation Permit." A permit issued by the Chief author-
izing the construction, installation or alteration of any
process, fuel-burning, refuse-burning, or control equipment
in accordance with plans and specifications approved by the
Chief.
24. "Mayor." The Mayor of the City of Gary, Indiana.
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25. "Opacity." State of a substance which renders it partially
or wholly impervious to the rays of light. Opacity as used
in this ordinance refers to the obscuration of an observer's
view.
26. "Open Burning." Any fire from which the products of com-
bustion are emitted directly into the outdoor atmosphere
without passing through a stack.
27. "Particulate Matter." Material other than uncombined water
which is suspended in air or other gases as a liquid or solid.
28. "Person." Any individual, partnership, co-partnership, firm,
company, corporation, association, joint stock company, trust,
estate, governmental entity or any other legal entity, or
their legal representatives, agents or assigns. The masculine1
gender shall include the feminine, the singular shall include
the plural where indicated by the context.
29. "Process Equipment." Any equipment, device, or contrivance
for changing any materials whatever or for storing or handl-
ing of any materials, and all appurtenances thereto, includ-
ing ductsj stacks, etc. The use or existence of which may
cause any discharge of air pollutants into the outdoor atmos-
phere, but not including that equipment specifically defined
as fuel-burning equipment or refuse-burning equipment in this
ordinance.
30. "Process Weight." The total weight of all material intro-
duced into a unit operation or unit process, including solid
fuels, but excluding liquid fuels and gaseous fuels when
these are used solely as fuels, and excluding air introduced
for purposes of combustion.
31. "Process Weight Per Hour." A rate established as follows:
•(a) For continuous or long-run steady-state unit operation
or unit process, the total process weight for the entire
period of continuous operation or for a typical portion
thereof, divided by the number of hours of such period
or portion thereof.
(b) For cyclical or batch unit operation or unit process,
the total process weight for a period that covers a
complete operation or an integral number of cycles,
divided by the hours of actual process operation
during such a period.
Where the nature of any process or operation or the design
of any equipment is such as to permit more than one inter-
pretation of this definition (31), the interpretation that
results in the minimum value'for allowable emission shall
apply.
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32. "Refuse-Burning Equipment." Any incinerator, equipment,
device, or contrivance used for the destruction of refuse,
and/or other combustible wastes by burning, and all appur-
tenances thereto.
33. "Salvage Operations." Any operation conducted in whole or
in part for the salvaging or reclaiming of any product or
• material.
34. "Seal for Sealing Equipment Or Premises." A device installed
by the Chief so as to prevent use of the process, fuel-burn-
ing, refuse-burning, or control equipment or premises causing
the violation or from which violations of this ordinance
originate.
35. "Smoke." Small gas-borne particles resulting from incomplete
combustion, consisting predominantly, but not exclusively,
of carbon, ash, and other combustible material.
36. "Stack." Duct, chimney, flue, conduit, or opening arranged
for the emission into the outdoor atmosphere of air pollu-
tants.
37. "Unit Operation." Methods where raw materials undergo physi-
cal change; methods by which raw materials may be altered into
different states, such as vapor, liquid, or solid without
changing into a new substance with different properties and
composition.
38. "Unit Process." Reactions where raw materials undergo chem-
ical change; where one or more raw materials are combined
and completely changed into a new substance with different
properties and composition.
ARTICLE II
(2.0) ADMINISTRATIVE ORGANIZATION
(2.0) Sec. 2.1 ADMINISTRATIVE ORGANIZATION AND ENFORCEMENT.
i5.o) ;
A. This ordinance shall be effective territorially throughout
the City of Gary.
B. The administration and enforcement of this ordinance shall
be conducted by the Division of Air Pollution Control,
headed by a Chief, under the direction of the Director.
C. There is hereby created the position in the Department of
Health of Chief of Air Pollution Control. He shall be
appointed by the Board of Health.
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The Chief shall perform such duties as may be required of
him by the Director relative to Air Pollution Control. He
shall have control of all matters and things pertaining to
the work of the Division, and shall supervise the execution
of all laws, rules, and regulations pertaining to air pollu-
tion as provided in this ordinance.
The Chief shall be an engineer, a graduate of a recognized
university or college, qualified by technical training, and
have at least three years experience in the theory and prac-
tice of construction and operation of furnaces, combustion
devices, or in the theory and practice of air pollution con-
trol and shall be qualified by education and experience to
co-operate with scientific, educational and civic organi-
zations interested in air pollution control.
(15.0) Sec. 2.2 POWERS AND DUTIES OF THE CHIEF.
A. Supervise the execution of all laws, ordinances, rules, and
regulations pertaining to air pollution as provided in this
ordinance.
B. Institute complaints against all persons violating any pro-
vision of this ordinance and institute necessary legal pro-
ceedings to prosecute violations of this ordinance and com-
pel the prevention and abatement of air pollution or nuisances
arising therefrom.
C. Examine and approve or disapprove the plans for fuel and
refuse-burning equipment, process equipment; and control
equipment to be installed, constructed, reconstructed, or
altered or added to.
D. Make inspections and tests of existing and newly installed,
repaired, constructed, reconstructed, or altered fuel or
refuse-burning equipment, process equipment, and control
equipment.
E. t Investigate complaints of violations of this ordinance and
make inspections and observations of air pollution conditions.
Record such investigations, complaints, inspections and ob-
servations.
F. Approve or reject application for permits, and administer
the issuance of certificates of operation, notices or other
matters required under the provisions of this ordinance.
G. Prepare and place before the Air Pollution Advisory Board for
their consideration proposals for additions or revisions to
this ordinance, or any other regulation pertaining to air
pollution abatement.
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,H. Encourage voluntary co-operation by persons or affected
groups in the preservation and restoration of the purity
of the outdoor atmosphere, and grant a reasonable time to
comply with the provisions of this ordinance.
I. Collect and disseminate information on air pollution control.
J. Work with planning and zoning agencies for the purpose of
co-ordinating activities under provisions of this ordinance
and foster the best possible management of the air resources.
K. ' Co-operate and work with federal, interstate, state, county,
district, municipal, and other agencies concerned with air
pollution, with regard to aerometric studies, abatement
programs, public complaints, and other matters to the end
that the air resources of Gary and Lake County shall be best
conserved and improved.
L. Make all needful rules and regulations pertaining to the
administration of the Division of Air Pollution. Said
rules and regulations must be submitted to the Air Pollution
Advisory Board for approval.
M. Issue all permits, certificates, notices, or other matters
required under the provisions of this ordinance; to prepare
and maintain adequate records thereof; and to notify all
persons concerned of any decision he may render and to pro-
vide such persons with an opportunity to be heard as herein
set forth.
N. To report to the Mayor and Board of Health with respect to
recommendations for needed additions or revisions of this
ordinance.
0. Do any and all acts which may be necessary for the successful
prosecution of the purpose of this ordinance and such other
acts as may be specifically enumerated herein as his duties.
(9.0) Sec. 2.3 AIR POLLUTION INSPECTORS.
Air Pollution inspectors shall be employees of the Division,
qualified by technical training in the theory and practice
of the construction and operation of combustion and process
equipment or in the theory and practice of smoke abatement
and air pollution control.
No person employed in the Division shall be directly or in-
diractly interested in the manufacture, lease or sale of
fuel, combustion or process equipment or gas cleaning devices,
or other smoke abatement or air pollution control equipment,
or the apparatus, or devices connected therewith or any
extensions thereof.
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The duties of the inspectors shall be to carry out the
directions of the Chief in all matters relating to enforce-
ment of this ordinance, and to aid and assist the Chief in
the efficient discharge of his duties.
(16.0) Sec. 2.4 .AIR POLLUTION CONTROL ADVISORY BOARD.
A. An Air Pollution Control Advisory Board shall be appointed
by the Mayor except one member being a member of the Common
Council appointed by the Council president with the approval
of the council. The Board of Health may make recommendations
to the Mayor for such appointments. This Board shall study
the problem of air pollution control within the City, and
s^hall from time-to-time recommend to the Board of Health
and/or the Chief appropriate means of air pollution abatement,
including needed additions to or revisions of this ordinance.
B. The Air Pollution Advisory Board shall consist of not less
than seven (7) nor more than nine (9) members. Not more
than two (2) members of said Board shall hold any public
office. Said Board shall consist of at least one of the
following: A Chemist or Engineer, at least one Physician
licensed to practice medicine in Indiana, and at least one
Attorney licensed to practice law in Indiana. Two (2) mem-
bers shall be appointed for a term of one year, two (2)
members for a term of two years, and the remainder for a
term of four years. Upon expiration of any term all suc-
ceeding terms shall be for a term of four years. This pro-
vision shall be implemented by the Mayor on Future replace-
ments or vacancies so as to provide for the afore-mentioned
qualified members in an orderly transition from the previous
method of appointing committee members.
C. ' The Air Pollution Control Advisory Board shall elect its own
chairman. A quorum shall consist of a majority of the mem-
bers of the Board. It shall meet at the call of the chair-
man, and all members shall serve without compensation. The
Mayor shall appoint additional members to fill all vacancies.
The Chief shall be an ex-officio member of the Board without
the right to vote, and shall act as secretary thereof.
D. The Advisory Board shall hold a regular annual meeting on the
first Thursday of October and other meetings at such addi-
1 tional times as may be called by the chairman. The chairman
shall call a special meeting upon the written request of at
least three members of the Advisory Board or at the request
• of the Chief. The Advisory Board shall keep minutes of its
proceedings which shall clearly show the official actions
of the Advisory Board and the vote of any member.
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E. The Air Pollution Control Advisory Board shall confer with
and advise the Board of Health and the Chief on needed re-
visions or additions in this or any other ordinance per-
taining to air pollution or rules and regulations promul-
gated thereunder and on any matters concerning air pollution.
(16.0) Sec, 2.5 APPEAL BOARD. An Air Pollution Appeal Board is hereby created
and shall consist of three (3) members appointed by the Mayor of
the City of Gary, one of whom shall be designated by the Mayor as
Chairman and two (2) of whom shall constitute a quorum. One (1)
1 member shall be a graduate engineer or chemist, one (1) shall be
a physician who holds an unlimited license to practice medicine
in the State of Indiana, and one (1) shall be a licensed attorney
authorized to practice law in the State of Indiana. The appointed
members' terms of office shall be four (4) years except that the
terms of those first appointed shall expire as follows:
One (1) at the end of two (2) years after date of appointment;
One (1) at the end of three (3) years after date of appointment;
One .(I) at the end of four (4) years after date of appointment, as
designated by the Mayor at the time of appointment. The terms of
all members shall continue until their respective successors have
been duly appointed. If a vacancy occurs in the appointed member-
ship, the Mayor shall appoint a member for the remaining portion
of the unexpired term created by the vacancy. Members appointed
to fill vacancies shall have the same general qualifications
required for their predecessors.
The Appeal Board shall convene at the call of the Chairman and
. such other times as the Appeal Board may determine. The Appeal
Board shall have the power to adopt and enforce such rules and
regulations concerning practice and proceedings which are not in
conflict with existing state laws governing administrative pro-
cedures and practice. All hearings conducted by the Appeal Board
,shall be open to the public.
The Appeal Board shall keep records of its hearings and other
official actions. Each rule and regulation adopted by the Appeal
Board, every amendment or repeal thereof, and every order, decision,
requirement or determination of the Appeal Board shall be filed
promptly in the office of the Division of Air Pollution Control
of the City of Gary Department of Health and shall be a public
record.
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A majority of the Appeal Board is hereby vested with the fol-
lowing jurisdiction and authority:
(1) To decide appeals from any decision, ruling regulation,
determination or order made by the Director or Chief under
this ordinance, or failure to act within a reasonable time
upon request of the Director or Chief, in the manner and
subject to the standards set forth in Section 2.6 hereof;
(2) To decide all matters referred to it or upon which it may
be required to act under the provisions of this ordinance.
Members of the Appeal Board shall be paid a per diem of Fifteen
Dollars ($15.00) for each and every day, or part of a day, in
actual attendance at any meeting or hearing of the Appeal Board
which per diem shall be a valid claim against the City of Gary
Department of Health and be paid from the budget appropriation
of said Department.
(2.0) Sec. 2.6 APPEALS. Any person taking exception to and affected by any
final decision, ruling, requirement, rule, regulation or order,
or failure to act within a reasonable period of time upon request
of the Director or Chief, may take an appeal to the Appeal Board
established by this ordinance. Such appeal shall be taken within
fifteen (15) days after receiving notice of such decision, ruling,
requirement, rule, regulation or order, or failure to act within
a reasonable period of time upon request of the Director or Chief
upon filing with the Director or the Chief a notice of appeal
directed to the Appeal Board, specifying the ground thereof and
the relief prayed for. A fee of Fifty Dollars ($50.00) shall be
posted by the appellant with the Director or Chief, at the time
of the filing of the appeal to cover the costs of the hearing on
appeal, which fee shall not be refundable. The Director or the
Chief shall forthwith furnish to the Appeal Board all the papers
imhis possession relative to the matter or appeal. Within (10)
days after the date of filing of the notice of appeal the Appeal
Board shall set a date for the hearing, and shall give notice
thereof by mail to the interested parties. The Appeal Board may
in its discretion grant continuances. Such an appeal shall act
as a stay of the decision, ruling, requirement, rule, regulation,
or order in question until the Appeal Board has taken final action
on the appeal. At the hearing any party may appear in person or
by agent or attorney, and present written and oral evidence, per-
tinent to the questions and issues involved, and may examine and
,cross-examine witnesses. All testimony shall be given under oath.
The Appeal Board, after the hearing, shall affirm, modify or re-
verse the decision, ruling, requirement, rule, regulation or order
of the Director or the Chief, or order him to act. The decision
of the Appeal Board shall be binding on the Director, Chief, and
appellant unless reversed by a court of competent jurisdiction
upon judicial review.
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The procedural provisions of the Administrative Adjudication
and Court Review Act (Acts 1947, Chapter 365, Sections 1-30,
P. 1451) and all amendments and modifications thereof, and the
.Procedural rules adopted pursuant thereof, shall apply and
govern all proceedings for the judicial review of final adminis-
trative decisions hereunder and are adopted and incorporated
herein by reference. References in said Act to an agency of
the State of Indiana shall be deemed references to the Air Pol-
lution Appeal Board of the City of Gary, and references in said
Act to the Attorney General shall be deemed references to the
City Attorney.
The Appeal Board at its expense shall provide a court reporter
to take the testimony and preserve a record of all proceedings
before the Appeal Board. The notice of appeal, the notice of
hearing, all exhibits, documents, pleadings, and written motions
filed or admitted as evidence in the proceedings, the transcript
of testimony adduced and the findings of fact and decisions
shall constitute the complete and exclusive record of such hearing,
Any party to a hearing may obtain a typewritten transcript of
such record at his or her own expense.
> The Appeal Board shall not be required to certify any record or
file any answer or otherwise appear in any proceeding for judicial
review unless the party filing the appeal deposits the sum of
ninety-five cents per page, which includes costs of certification.
Failure on the part of the appellant to make such deposits shall
be .grounds for dismissal of the action. Upon judicial review
the Secretary of the Appeal Board shall certify the record.
ARTICLE III
i
(2.0) STANDARDS AND RECOMMENDED PRACTICES
Sec. 3.1 ADOPTED STANDARDS OR RECOMMENDED PRACTICES. Where reference is
made in this ordinance to the standards or recommended practices
of national technical societies, associations, or other organi-
zations, such information shall form and be considered an inte-
gral part of the ordinance in the same manner and extent as if
fully reproduced therein. Not less than two copies of such
standards or recommended practices of technical societies,
associations, or other organizations shall be kept on file at
all times in the office of the Chief and shall be available
for consultation by the public.
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ARTICLE IV
(3.0) INSTALLATION PERMIT AND CERTIFICATE OF OPERATION
' Sec. 4.1 APPLICATION REQUIRED. No person shall construct, install,
reconstruct, or alter any process, fuel-burning, refuse-burning,
or control equipment pertaining thereto, that may be a source
of air contaminant, for use within the City of Gary until an
application, including not less than two sets of properly pre-
pared plans and specifications, of the process, fuel-burning,
refuse-burning, or control equipment and structures or build-
ings used in connection therewith, has been filed by the person
or his agent in the office of, and has been approved by, the
Chief, and until an installation permit has been issued by the
Chief for such construction, installation, or alteration except
as stated in Section 4.5.
Sec. 4.2 INFORMATION REQUIRED. The above mentioned plans or specifica-
tions if requested by the Chief shall show the form and dimen-
sions of the process, fuel-burning, refuse-burning, or control
equipment, together with the description and dimensions of the
building or part thereof in which such process, fuel-burning,
refuse-burning, or control equipment is to be located, including
the means provided for admitting the air for combustion processes;
the character of the fuel to be used; the maximum quantity of
such fuel to be burned per hour; the kind and amount of raw ma-
terials processed; the expected air contaminant emission rate;
the operating requirements; the use to be made of such process,
fuel-burning, refuse-burning, or control equipment; contaminant
concentration, gas volume, and gas temperature at the emission
point; physical characteristics of particulates emitted; the
location and elevation of the emission point relative to near-
by structures, window openings, etc. a flow diagram showing the
.equipment under consideration and its relationship to other pro-
cesses, if any, and a general description of these processes;
and any other reasonable and pertinent information that may be
required by the Chief.
\ ...
Sec. 4.3 EMERGENCY REPAIRS. An emergency repair may be made prior to the
application for an installation permit if serious air pollution
consequences may result if the repair were deferred. When such
repair is made, the person concerned shall notify the Chief on
the first business day after the emergency occurred and file
an application for an installation permit if directed to do so
by the Chief.
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Sec. 4.4 ACTION ON PERMIT APPLICATIONS. An application shall be acted
on within 30 calendar days after it is filed in the office of
the Chief. The Chief shall notify the person applying for the
permit of approval or reasons for rejection of the application
in writing. Upon the approval of the application and upon the
payment of the prescribed fees, the Chief shall issue a permit
for the construction, installation, or alteration of such pro-
cess, fuel-burning, refuse-burning, or control equipment.
Sec. 4.5 ALTERNATE ACTION ON PERMIT APPLICATION. In the event the plans,
specifications, and information submitted to the Chief pursuant
to Sections 4.1 and 4.2 herein, reveal a proposal to construct,
install, reconstruct or alter any process, fuel-burning, refuse-
burning or control equipment of such complex design and/or in-
volving technological ingenuity or advances of considerable
'magnitude, the Chief may, at his option, and in lieu of issuing
an installation permit, require the applicant to file with the
Chief a statement certifying that the proposed equipment or
installation will comply with all of the applicable provisions
and limitations set forth in this ordinance. Upon the filing
of such certificate of compliance, the applicant may proceed
with the proposed installation subject, however, to all of the
provisions of Section 4.8 hereinafter set forth.
Sec. 4.6 APPLICABILITY OF THE PERMIT. No construction, installation,
reconstruction, or alteration shall be made which is not in
accordance with the plans, specifications, and other pertinent
information upon which the installation permit was issued with-
out the written approval of the Chief.
Sec. 4.7 PERMIT VIOLATION. Violation of the installation permit shall
be sufficient cause for the Chief to stop all work, in connect-
ion with said permit and he is hereby authorized to seal the
installation. No further work shall be done until the Chief
is assured that the condition in question will be corrected
- and that the work will proceed in accordance with the install-
ation permit.
Sec. 4.8 .TIMF LIMIT ON PERMITS. If construction, installation, recon-
struction, or alteration is not completed within one (1) year
of the date of the installation permit or within the period
of time specified in the permit, the permit shall become void
'and all fees shall be forfeited, unless an extension of time
is warranted and granted by the Chief.
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Sec. 4.9 AFFIDAVIT FOR SECRET PROCESS. If applicant deems the process
•or equipment to be secret, he may file, with the approval of
the Chief, an affidavit to the effect that such equipment or
process will be so used as to comply with all other provisions
of /this ordinance. Plans and specifications filed with such
an affidavit will remain the property of the applicant...and
Shall be only for the confidential use of the Chief, the Air
Pollution Advisory Board, the Appeals Board, and their repre-
sentatives, unless such owner or operator shall expressly agree
to their publication or availability to the general public.
Nothing herein shall be construed to prevent the use of such
records or information by any department, agency or officer of
the city in compiling or publishing analyses or summaries re-
lating to the general condition of the ambient atmosphere;
provided that such analyses or summaries do not identify,
'directly or indirectly, any owner or operator or reveal any
information otherwise confidential under this section.
Sec. 4.10 CERTIFICATE OF OPERATION. No person shall operate or cause to
be operated any fuel-burning, refuse-burning, process, or con-
trol equipment or any equipment pertaining thereto for which
an installation permit was required or was issued under this
ordinance until an inspection has been made by the Chief. The
person responsible for the installation, construction, or al-
teration of any process, fuel-burning, or control equipment
for which an installation permit is required, shall notify the
Chief when the work is completed and ready for final inspection.
No equipment shall be operated for any other purpose or in any
other manner than that for which the installation permit was
approved and for which a certificate of operation has been
issued unless otherwise authorized in writing by the Chief.
After the installation permit has been issued and it is demon-
strated to the satisfaction of the Chief, that the process,
fuel-burning, refuse-burning, or control equipment can be oper-
ated in compliance with this ordinance, an initial certificate
of operation shall be issued by the Chief. Emission tests may
be required by the Chief before the issuing of an initial cer-
tificate of operation as set forth in Article IV. Said certi-
ficate of operation shall be kept posted on or near the install-
ation for which it was issued. The certificate of operation
shall properly identify the equipment to which it pertains and
shall specify the class of fuel, type of refuse, type of raw
materials used, if any, which have been successfully used in
the operating test. The initial certificate of operation shall
remain in force until terminated by any one or more of the fol-
lowing actions:
a. Implementation and institution of Sections 4.7, 4.8.
b. Execution of Article XI.
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Failure to operate successfully under test within the limita-
tions and requirements of this ordinance shall constitute
sufficient grounds for ordering changes in the process, fuel-
burning, refuse-burning, or control equipment or appurtenances
before an initial certificate of operation can be granted.
When the Chief refuses to issue a certificate of operation,
the Chief is authorized to seal the process, fuel-burning,
refuse-burning, or control equipment until the person required
to procure the certificate of operation shall have complied
with the provisions of this ordinance.
Sec. 4.11 RENEWAL OF CERTIFICATES OF OPERATION. The Chief shall require
application of renewal for certificates of operation on all
installations for which an installation permit was obtained,
and shall require the issuance of certificates of operation
on equipment existing prior to the adoption of this ordinance
and collect appropriate fees thereof for such certificates.
Such certificates of operation shall not be required more often
than once per year, and may be terminated for the same reasons
as listed in Section 4.10. The Chief is hereby authorized to
seal any equipment for which a certificate of operation is
required and has not been issued. Installation permits and
certificates of operation shall not be transferable.
/
Sec. 4.12 DOMESTIC HEATING PLANTS AND DOMESTIC REFUSE-BURNING EQUIPMENT.
Provisions of Section 4.1 through 4.11 are not applicable to
domestic heating plants and shall not apply to domestic refuse-
burning equipment.
Sec. 4.13 HEATING PLANTS OF LESS THAN 1,000,000 BTU/HR. INPUT. Provisions
of'Section 4.1 through 4.11 of the Article are not applicable
for heating plants of less than 1,000,000 BTU/HR input provided
that such heating plant is for the single purpose of space-
heating in residential units and the fuel used for firing is
gas or light fuel oils.
Sec. 4.14 REGISTRATION OF EMISSIONS. The Chief may require the written
registration of points of emission of air contaminants, whether
by stack, duct, flue, equipment, or by any other means when,
in his opinion, such information is necessary for the conduct
of the work of the department. A period of sixty (60) days
shall be allowed for the filing of such registration.
However, in cases of emergency, the Chief, may designate any
lesser time which he believes to be justified. The Chief is
also empowered to notify the owner or agent when, in his opinion,
such registration is no longer required.
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Sec. 4.15 , CONTENT OF REGISTRATIONS. The written registration of points
of emission may include the following information: The location
of the source of emission, size of outlets, height of outlets,
rate of emission, composition of emission, temperature of ef-
fluent or emission, nature of the equipment creating the emis-
sions, and any other pertinent information specified by the
Chief.
Sec. 4Il6 ' PROSECUTION OF ORDINANCE VIOLATIONS. The issuance by the Chief
of any installation permit or certificate of operation shall
not be held to exempt the person to whom the permit or certifi-
cate was issued or who is in possession of the same, from pro-
secution for the emission of air contaminants prohibited by
this ordinance.
ARTICLE V
(2.0) SCHEDULE OF .FEES
Sec. 5.1 FILING FEES. Fees for the inspection of plans and issuing
installation permits for the installation, erection, construct-
ion, reconstruction, alteration of, or addition to, fuel-burn-
ing, combustion or process equipment or devices, and install-
ation of apparatus or devices for the prevention or arresting
of the discharge smoke, particulate, liquid, gaseous, or other
matter shall be as follows:
Fuel-burning equipment used for space-heating, steam and hot
water or power generation for each unit:
Of a capacity of 1,000,000 BTU/Hr or more ....$15.00
Refuse-burning equipment for each unit:
With less than fifteen square feet of grate
area $10.00
With fifteen or more square feet of grate
area $15.00
Process equipment or control devices:
i
Per one unit operation or one unit process
creating atmospheric pollution or any device
controlling atmospheric pollution $10.00
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Sec. 5.2 'ANNUAL CERTIFICATE OF OPERATION FEES. Fees shall be as follows
for the issuance or re-issuance of Certificate of Operation
which may require annual inspection of fuel-burning, combustion
or process equipment or devices:
Fuel-burning equipment used for space-heating, steam and hot
water or power generation for each unit:
i
Of a capacity of 1,000,000 BTU/Hr or more $10.00
Refuse-burning equipment for each unit:
With less than fifteen square feet of grate
. area $ 5.00
With fifteen square feet or more of grate
area $10.00
Process equipment or control devices:
Per one unit operation or one unit process
creating atmospheric pollution or any device
controlling atmospheric pollution $ 5.00
/
Sec. 5.3 PAYMENT OF FEES. All fees or penalties prescribed for the
issuance of permits, licenses or certificates, or for the in-
spection of plans, premises or equipment, under any provision
of this Article, shall be paid to the Chief, who shall render
to the. person making such payment a receipt stating the amount
and purpose for which such fee or penalty has been paid, a
duplicate of which shall be made part of the records of the
Department. All fees and penalties thus received shall be
deposited with the City Controller for the Corporate Fund.
Sec. 5.4 ' DOMESTIC REFUSE-BURNING EQUIPMENT. Provisions of Section 5.1
and 5,,2 of this Article are not applicable for Domestic Refuse-
Burning Equipment.
Sec. 5.5 FEES ARE DEBT DUE THE CITY - SUIT FOR. All fees or penalties
prescribed for the payment of which is required under any pro-
vis iot: of this Article, shall constitute a debt due the City.
The Corporation Counsel shall, at the direction of the Chief,
institute civil suit in the name of the City to recover the
amount of any such unpaid fee or penalty. No civil judgment,
or'any act by the Corporation Counsel, the Chief, or the vio-
lator, shall bar or prevent a criminal prosecution for each
and every violation of this chapter.
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ARTICLE VI
(2.0) EMISSION"LIMITATIONS AND PROHIBITIONS - STANDARDS OF MEASUREMENT
(50.1.2) Sec. 6.1 VISIBLE EMISSIONS. It shall be unlawful for any person to
discharge into the atmosphere, or cause to be so discharged,
from any combustion or process equipment or device, vehicle,
'incinerator or open fire whatsoever any air contaminant for
a period or periods aggregating more than five minutes in any
one hour which is:
A. As dark or darker in shade as that designated as No. 2
en the Ringelmann Chart, as published by the United States
Bureau of Mines, or
B. Of such opacity as to obscure an observer's view to a
degree equal to or greater than described in subsection
(A) of this section.
(51.5) Sec. 6.2 EMISSION OF PARTICULATE MATTER FROM FUEL-BURNING EQUIPMENT.
No person shall cause, suffer, or allow to be emitted into the
outdoor atmosphere from any fuel-burning equipment or premises,
or to pass a convenient measuring point near the stack outlet,
particulate matter in the gases to exceed 0.60 Ibs. per 1,000,000
BTU heat input for fuel-burning units using less than 10,000,000
BTU per hour total input. For single units using greater than
10,000,000 BTU per hour total input, Figure 1 as herein set
forth on page 21 hereof will be used to determine the allowable
particulate emission limitation. If two or more units connect
to a single stack or chimney, each unit shall for the purpose
of computing the maximum allowable emission rate, be considered
a separate entity with the allowable emission rate for the stack
or chimney the sum of the individual computations.
(51.9) Sec. 6.3 .EMISSION OF PARTICULATE MATTER FROM INCINERATORS.
A. No person shall cause, suffer or allow to be emitted into
the outdoor atmosphere from any incinerator, refuse-burning
equipment or premises, or matter in gases to exceed 0.65
pounds for each 1000 pounds of dry flue gases adjusted to
12% carbon dioxide (excluding the effects of any auxiliary
fuel); or odorous material arising from the installation
which are detectable beyond the premises on which the
installation is located.
'B. No incinerator shall be used for the burning of refuse un-
less such incinerator is a multiple chamber incinerator.
Existing incinerators which are not multiple chamber in-
, . cinerators may be altered, modified, or rebuilt as may be
necessary to meet this requirement, or found by the Chief
to be of equivalent efficiency.
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(50.1.1) Sec. 6.4 EMISSION OF PARTICIPATE MATTER FROM INDUSTRIAL PROCESS EQUIPMENT.
' The maximum allowable emission of particulate matter from any
source whatever except fuel-burning and refuse-burning equipment
sha'il be determined from Table 1 as herein set forth on page 20 •
here'of. To use the table, find the process weight per hour in
the table, and note the allowable rate of emissions in pounds
per'hour next to the process weight per hour. If two or more
process units connect to a single stack or chimney, each unit
' shall for the purpose of computing the maximum allowable emis-
sion rate, be considered a separate entity with the allowable
emission rate for the stack or chimney the sum of the individual
• computations.
(51.16) Sec. 6.5 STORAGE OF. PETROLEUM OR OTHER VOLATILE PRODUCTS. A person shall
, not place, store or hold in any stationary tank, reservoir or
other container of more than 65,000 gallons capacity any petro-
leum product or mixture of products having a vapor pressure of
2.0 pounds per square inch absolute or greater under actual
storage conditions, unless such tank, reservoir or other con-
tainer is a pressure tank maintaining working pressures suffi-
cient at all times to prevent hydrocarbon vapor or gas loss to
the atmosphere, or is designed and equipped with one of the
following vapor loss control devices, properly installed, in
good working order and in operation.
A. A floating roof, consisting of a pontoon-type or double-
deck type roof, resting on the surface on the liquid con-
tents and equipped with a closure seal, or seals, to close
the space between the roof edge and tank wall. The con-
trol equipment provided for in this paragraph shall not be
used if the gasoline or petroleum distillate has a vapor
, pressure of 12.0 pounds per square inch absolute or greater
under actual storage conditions. All tank gauging and
sampling devices shall be gas-tight except when gauging or
sampling is taking place.
B. A vapor recovery system, consisting of a vapor-gathering
system capable of collecting the hydrocarbon 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 tank
gauging and sampling devices gas-tight except when gauging
1 or sampling is taking place.
C. Other equipment of equal efficiency, provided plans for
such equipment are submitted to and approved by the Chief.
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(51.16) Sec. 6.6 VOLATILE PETROLEUM DISTILLATE LOADING INTO TANKS, TRUCKS.
TRAILERS AND RAILROAD TANK CART!A person shall.not load
volatile petroleum distillates into any tank, truck or trailer
or railroad car from any loading facility unless such loading
operation utilizes a submerged fill pipe or such loading fa-
cility is equipped with a vapor collection and disposal system
or its equivalent, properly installed, in good working order,
in operation and approved by the Chief.
For purposes of this section any petroleum distillate having
a Reid vapor pressure of 4 pounds or greater shall be included
by the term "volatile petroleum distillate."
For the purposes of this section, the term "submerged fill
pipe" is defined as any fill pipe the discharge opening of
which is entirely submerged when the liquid level is 6 inches
abova the bottom of the tank. "Submerged fill pipe" when
applied to a tank which is loaded from the side is defined as
any fill pipe the discharge opening of which is entirely sub-
merged when.the liquid is 18 inches above the bottom of the
tank.
t
(50.2) Sec. 6.7 SULFUR OXIDES. No person shall cause, let, permit, suffer or
allow any emission of sulfur oxides which results in ground
level concentrations of sulfur oxides at any given point in
excess of 0.5 ppm (volume) in the period of any hour and aver-
age exposure shall not exceed 0.10 ppm (volume) of sulfur oxide
in any 24-hour period. These limitations shall not apply to
i ground level concentrations occurring on the property from which
such emission occurs, provided such property, from the emission
point to the point of any such concentration is controlled by
the person responsible for such emission.
i
(9.0) Sec. 6.8 STACK EMISSION TEST METHOD. Stack emission tests shall be under-
taken by generally recognized standards or methods of measure-
ments. The latest of the following codes the "A.S.M.E. Test
Code for Dust Separating Apparatus," the "A.S.M.E. Test Code
for Determining Dust Concentrations in Gas Streams," the "Los
Angeles County Source Testing Manual," or any other mutually
agreeable testing procedure shall be used.
(51.13) Sec. 6.9 OPEN BURNING.
A. No person shall dispose of refuse by open burning, or
cause, suffer, allow, or permit open burning of refuse,
unless a permit therefore has been obtained from the Chief.
1. Any person required by the section to secure a Refuse-
Burning Permit may apply for a continuing permit which,
when issued, shall authorize the burning of combustible
refuse during the period covered thereby, such period
not to exceed one (1) year.
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B. The open burning of refuse may be permitted when it can
be shown by a person that such open burning is absolutely
necessary and in the public interest. Any person intending
to engage in open burning of refuse shall file a request
' to do so with the Chief. The application shall state the
following but are not limited to:
1, The name, address and telephone number of the person
submitting the application.
2. The type of business or activity involved.
3. A description of the proposed equipment and oper-
ating practices, the type, quantity, and compo-
sition and amount of air contaminants to be released
to the atmosphere.
4. The schedule of burning operations.
5. The exact location or locations where such open
burning may be carried on.
6. Reason why no method other than open burning can
be used for disposal of trade waste.
7. Evidence that the proposed open burning has been
approved by the Gary Fire Department.
C. The Chief may, in his discretion, impose other reasonable
conditions necessary to prevent the creation of a nuisance.
(51.13) Sec. 6.10 PROHIBITION OF SALVAGE OPERATIONS BY OPEN BURNING. No person
shall conduct or cause or permit the conduct of a salvage oper-
ation by open burning.
(50.7) Sec. 6.1l NUISANCE ABATEMENT.
i
A. It is unlawful for any person to permit or cause the emis-
sion of such quantities of air contaminants from whatever
source in such place or manner as to be detrimental to
any person or to the public or to endanger the health,
comfort, or safety of any person or the public, or in
such manner as to cause or have a tendency to cause in-
jury or damage to property or business. Each day where-
in a violation of this section occurs shall constitute a
separate offense. Any act or emission of air contaminants
from any single or multiple source in violation or excess
of the limitations established in this ordinance is here-
by declared a public nuisance and shall be unlawful, and
may be ordered abated by the Chief. Such abatement may
be in addition to the fines and penalties herein provided.
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B. It shall be unlawful for any person to cause or permit
the handling, transporting, or disposition of any sub-
stance or material which is likely to be scattered by
the wind, or is susceptible to being wind-borne, without
taking reasonable precautions or measures to minimize
atmospheric pollution. It shall be unlawful for any
person to operate or maintain, or cause to be operated
or maintained, any premises, open area, right of way,
storage pile of materials, or vehicle, or construction,
alteration, demolition, or wrecking operation, or any
other enterprise, which involves any material or sub-
stance likely to be scattered by the wind, or susceptible
to being wind-borne, without taking reasonable precautions
or measures to minimize atmospheric pollution. No per-
son shall maintain or conduct, or cause to be maintained
or conducted, any parking lot, or automobile and/or truck
Sales lot, or use any roadway unless such lot or roadway
is maintained in such manner as to minimize atmospheric
pollution.
C. Nothing in any section of this ordinance relating to
regulation of emission of air contaminants shall in any
manner be construed as authorizing or legalizing the
erection or maintenance of a nuisance.
(7.0) Sec. 6.13 BREAKDOWN OF^EQUIPMENT. Emissions exceeding any of the limits
established in Article VI as a direct result of upset condi-
tions in or breakdown of any process, fuel-burning, refuse-
burning or control equipment or related operating equipment
.beyond the control of the person owning or operating such equip-
ment shall not be deemed to be in violation of Article VI pro-
vided that the owner or operator immediately advises the Chief
rof the, circumstances and outlines a corrective program accept-
rabl'e to the Chief.
(2.0) Sec. 6.13 CIRCUMVENTION. No person shall build, erect, install or use
any article, machine, equipment or other contrivance, the sole
purpose of which is to dilute or conceal an emission without
resulting in a reduction in the total release of air contami-
,nants to the atmosphere. Increase in stack height or con-
struction so as to increase stack exit velocity of gases shall
not constitute a violation of this section.
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ARTICLE VII
(12.0) INTERNAL COMBUSTION ENGINES
Sec. 7.1 INTERNAL COMBUSTION ENGINE LIMITS. No person shall operate,
or cause to be operated, upon any street, highway, public
place or private premises within the City of Gary, any in-
ternal combustion engines, while stationary or moving, which
emits from any source of emission whatsoever any air contami-
nants for a period or periods aggregating more than three
minutes in any one hour which is:
a. As dark or darker in shade as that designated as No. 2
on the Ringelmann Chart, as published by the United
States Bureau of Mines or
b. Of such opacity as to obscure an observer's view to a
degree equal to or greater than does smoke described
in subsection (a) of this section.
ARTICLE VIII
(2.0)
(3.0)
CO-ORDINATION OF DEPARTMENTS
Sec. 8.1 ISSUANCE OF PERMITS. No permit for the erection, construction,
or alteration of any building, plant, or structure, related in
any manner to fuel-burning equipment, or process ing'equipment
which may be a source of air contaminants, shall be issued by
the building commissioner or by any department, bureau, divi-
sion, officer, or employee of the city until the Chief of the
Air Pollution Division has issued an installation permit
covering the equipment under his jurisdiction to be used in
the building, plant, or structure as provided within this
ordinance.
(2.0) Sec. 8.2 CO-OPDINATION. It shall be the duty of the various departments,
bureaus, divisions, officers, and employees of the city, having
charge of the inspection of the premises in which such equip-
ment is located, to co-operate with the Chief to determine that
the execution of the work so authorized by said permit shall be
done in conformity with the approved plans and specifications
fixed by the Chief.
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ARTICLE IX
(9.0) SAMPLING AND TESTING
Sec. 9.1 AUTHORITY TO CONDUCT TESTS.
A. The Chief is hereby authorized to conduct, or cause to be
conducted, any test or tests of any new or existing pro-
cess, fuel-burning, refuse-burning, or control equipment .
the operation of which, in his opinion, may result in
emissions in excess of the limitations in this ordinance
or when, in his judgment, there is evidence that emissions
from any such equipment are exceeding any emission limit-
1 ation prescribed in this ordinance. Upon notification
by the Chief that emission tests are considered necessary,
a person may elect to conduct such tests himself. In this
event, the person shall notify the Chief of this decision
and of the time and date of such testing. All tests so
conducted shall be in a manner acceptable to the Chief,
and a complete detailed test report of such tests shall
be submitted to the Chief. The Chief may stipulate that
a representative of his office be present during the con-
duct of such tests and may stipulate a reasonable time
limit for the completion of such tests.
B. Nothing in this section concerning tests conducted by
and paid for by any person or his authorized agent shall
be deemed to abridge the rights of the Chief or his repre-
sentatives to conduct separate or additional tests of
any process, fuel-burning, refuse-burning, or control
equipment on behalf of the City at a reasonable time and
at the City's expense except as provided in Section 9.3
. below.
Sec. 9.2 TEST FACILITIES AND ACCESS. It shall be the responsibility of
the owner or operator of the operation tested to provide, at
his expense, reasonable and necessary openings in the system
or stack, and safe and easy access thereto, to permit techni-
cally valid samples and measurements to be taken. All new
.sources of air contaminants erected after the effective date
of this ordinance may be required by the Chief to provide
adequate openings in the system or stack, and safe and easy
access thereto, to permit technically valid measurements and
samples to be taken. If a person refuses to supply test open-
ings, access scaffolding, and other pertinent facilities
requested for the purpose of conducting valid emission tests by
the Chief, the Chief shall notify such person to show cause
before the Chief on a day certain, not less than ten (10) nor
more than twenty (20) days from the date of notice, why the
equipment should not be sealed.
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Sec. 9.3 TEST COSTS. If emission tests conducted as a result of the
procedures outlined in Section 9.1 substantiate that a viola-
tion exists, the person or persons liable for the violation
shall be responsible for paying all attendant costs for con-
ducting said tests. If said tests do not substantiate that
the violation exists, then the City shall be responsible for
paying all attendant costs for conducting said tests. This
latter condition shall not obviate the owners' or operators'
responsibilities set forth in Section 9.2. Provided, however,
if the person liable elects to conduct his own stack emission
tests as stipulated in Section 6.8 and Section 9.1, the per-
son so electing shall pay for these tests irrespective of
their outcome.
ARTICLE X
(5.0) VARIANCES
Sec. 10.1 VARIANCE CLAUSE. Where emission sources in existence prior
to the adoption of this ordinance do not meet the emission
limitations noted in Article VI above, then a program to
meet the emission limitations stipulated shall be developed
and offered to the Chief by the owner of the equipment causing
the emission. Provided, however, that written agreements
entered into between any person and appropriate city officials
prior to the adoption of this ordinance for the elimination
or abatement of air pollution shall be recognized as valid and
enforceable obligations under the terms of this ordinance and
compliance with such agreements shall constitute compliance
with this ordinance for all purposes. This program shall be
submitted upon the request of and within such times as shall
be fixed by the Chief, and after said program has been approved
by the Chief, the owner of the equipment causing the emission
shall not be in violation of this ordinance so long as said
program is observed. In evaluating such a program of improve-
ment, the Chief shall take into consideration the following
factors:
A. Action taken to control atmospheric pollution within emis-
sion limitations in effect prior to this ordinance.
B. Efficiency of any existing control equipment relative to
that which would be required to meet emission limitations
of this ordinance.
C.. Temporary interim control measures intended to minimize
existing pollution levels.
D. The effect the source of emission has on ambient air
quality generally or in the immediate vicinity of the source.
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E. The degree of control in relation to other similar faci-
lities which produce air pollution.
F. The age and prospective life of the facility in question.
Reports consisting of information required by the Chief
indicating the progress of these programs shall be sub-
mitted annually to the Chief by the owner of the equipment
causing the emission in question. If the Chief determines
that the progress of the program submitted by the owner
has not been followed, the Chief may suspend the program
and issue a violation notice. In the event the owner of
the equipment causing the emission and the Chief cannot
evolve a mutually acceptable program of improvement, the
matter shall be referred to the Air Pollution Advisory
Board for resolution and determination of an acceptable
program. In making their determination, the Air Pollution
Advisory Board shall also take into consideration the factors
noted in (A) through (F) above.
Sec. 10.2 SPECIFIC VARIANCES.
A. Where the presence of uncombined water is the only reason
for failure of an emission to meet requirements of (A)
and (B) of Section 6.1 of this ordinance, such section
shall not apply.
B. Until such time as a technically feasible method .is avail-
able to control pollutants from certain process, fuel-
burning, refuse-burning or other equipment and/or devices,
such equipment shall not be in violation of the ordinance,
including but not limited to the following:
1 1. Transfer of molten metals.
2. Emission from transfer ladles.
3. Coke ovens when charging ovens.
4. Coke ovens when pushing coke from ovens.
5. Water quenching of coke on discharge from ovens.
C. Upon request of the Chief, an annual report on progress
of research to control emissions from processes listed in
Section 10.2 (B) shall be submitted to the Chief and by
him to the Advisory Board. As soon as methods of control
are practicable, in the opinion of the Advisory Board, such
controls shall be installed. Until such controls are deemed
practicable and the time recommended by the Board for the
accomplishment of said installations has expired, the pro-
visions of this ordinance in Article VI shall not apply.
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D. Experimental procedures on new or existing process, fuel-
burning, refuse-burning or other equipment and/or devices
susceptible for use in such a manner as to emit atmos-
pheric pollutants, may be conducted upon receipt of the
written approval of the Chief. The Chief may grant such
written approval to conduct experimental procedures for
any period of time not to exceed one (1) year and he may
in addition to said time limitation impose such other
conditions and limitations on the conduct of said experi-
mental procedures that he deems reasonable to minimize
the effects of the experimental procedure on the ambient
air. During the period of time said experimental pro-
cedures are conducted with the approval of the Chief,
the provisions and limitations of Article VI herein shall
not apply.
ARTICLE XI
(2.0) SEALING
Sec. 11.1 SEALING. After previous notification of three or more viola-
tions of this ordinance within a 12 month period, with respect to
the emission of air contaminants, a violator shall be notified
by registered mail to show cause before the Chief within 10
days why the offending equipment shall not be sealed. The
notice shall be directed to the last address of the person to
be notified or if the person or his whereabouts is unknown,
then the notice shall be posted on or near the premises at
which the violations have occurred. If upon the hearing, at
which the violator or his agent or attorney may appear and be
heard, the Chief finds that adequate corrective measures have
not been taken he shall seal the equipment until such time as
•corrective measures are taken. The decision may be appealed
to the Appeals Board, and such appeal shall stay the sealing
until the Appeals Board renders a decision. It shall be un-
lawful for any person to break a seal that has been duly
affixed by the Chief or his authorized representative unless
authorized in writing by the Chief to do so.
ARTICLE XII
(15.0) RIGHT OF ENTRY
Sec. 12.1 RIGHT OF ENTRY FOR INSPECTION. Any person who in any manner,
hinders, obstructs, delays, resists, prevents, or in any manner
interferes or attempts to interfere with the Chief, inspectors,
or police officers in the performance of any duty enjoined, or
shall refuse to permit the Chief or such officers to perform
their duty by refusing them, or either of them, entrance at
reasonable hours to any premises in which the provisions of
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th>s ordinance are being violated or are suspected of being
violated, or refuse to permit the inspection or examination
of such premises for the purposes of the enforcement of this
ordinance, shall be subject to the fines and penalties herein-
after provided.
i
ARTICLE XIII
(2.0) PERSONS LIABLE
Sec. 13.1 PERSONS LIABLE. All persons owning, operating, or in charge
or control of any equipment or premises who shall cause, suffer,
allow, permit or participate in any violation of this ordinance
shall be individually and collectively liable for any penalties
imposed by this ordinance. This liability shall include any
person who shall refuse to comply with or who shall assist in
the violation of any of the provisions of this ordinance.
ARTICLE XIV
(2.0) PARTY TO CLAIMS OR ACTIONS '
Sec. 14.1 CLAIMS OR ACTIONS. All claims or actions filed by or against
the Chief, Air Pollution Advisory Board, or the Board of Health
shall be brought in the name of or filed against the City of
Gary, Indiana, a municipal corporation.
ARTICLE XV
(15.0) PENALTIES FOR VIOLATIONS
Sec. 15.1 PENALTIES. Any person who shall violate any of the provisions
of this ordinance shall upon conviction thereof, pay a fine of
not less than Ten Dollars ($10.00) nor more than Three Hundred
Dollars ($300.00) for each violation, to which may be added
imprisonment for a term not to exceed one hundred eighty (180)
days.
Each day's violation shall constitute a separate offense and an
unlawful emission from each chimney, smoke stack, open fire or
other point of discharge shall also constitute a separate offense.
A separate and distinct offense shall be regarded as committed
each day on which such person shall continue or permit any such
violation to exist after notification thereof by the Chief.
Any abatement provided for in Article VI shall be in addition
to any penalties prescribed in this section.
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ARTICLE XVI
(15.0) ALTERNATIVE PROCEDURE FOR VIOLATIONS
Sec. 16.1 VIOLATION NOTICE. If the Chief has reason to believe an
emission from any source violates the provisions of Article
VI hereof, he may instead of acting under Article XV issue
to the owner or operator of the source in question a violation
notice.
A. Any person who is issued a violation notice may, within
thirty (30) days from the date of receipt of said notice,
submit data to the Chief indicating reasons why he does
not believe he was in violation of Article VI. The Chief
shall review the data submitted and within fifteen (15)
days affirm or withdraw the violation notice by informing,
in writing, the person receiving said notice of the deci-
sion to affirm or withdraw. In the case where such data
is not submitted to the Chief within the thirty (30) days
stipulated, the violation shall be considered still in
force and affirmed.
B. In the case of a violation of Article VI, the person cited,
within ten (10) days of receipt of the Chief's decision
of affirm the violation notice as provided for in Section
15, (or within ten (10) days of a decision of the Appeals
Board, should appeal to be taken from the Chief's decision
to affirm the violation notice) may ask that emission tests
be performed to determine the extent of emissions from the
operation which is the subject of the particulate emission
violation notice. If the emission tests indicate that the
total amount of particulate matter exceeds the maximum
allowable emission standard applicable to the operation
under Article VI, the violation notice shall be considered
substantiated. If the emission tests indicate that the
total amount of particulate matter is equal to or less
than the emission standard applicable to the operation
under Article VI, then the violation notice shall be con-
sidered void.
ARTICLE XVII
t
(2.0) SEVERABILITY
Sec. 17.1 SEVERABILITY. If any clause, sentence, paragraph or part of
' 'this ordinance, or the application thereof to any person, firm,
corporation or circumstances, shall for any reason, be adjudged
by a Court of competent jurisdiction to be unconstitutional
or invalid, said judgment shall not affect, impair or invali-
date the remainder of this ordinance, and the application of
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such provision to other persons, firms, corporations, or cir-
cumstances, but shall be confined in its operation to the
clause, sentence, paragraph or part thereof directly involved
in the controversy in which such judgment shall have been ren-
dered and to the person, firm, corporation or circumstances
involved. It is hereby declared to be the legislative intent
of this body that this ordinance would have been adopted had
such invalid provisions not been included.
ARTICLE XVIII
(2.0) REPEAL CLAUSE
Sec. 18.1 REPEAL CLAUSE. All laws heretofore passed by the Common
Council of the City of Gary dealing with the problem of air
pollution, and specifically including an ordinance entitled
"Air Pollution Control," 8-1301 - 8-1314, are hereby repealed.
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TABLE I
i
Allowable Rate of Emission Based on Process Weight Rate'
Process Weight Rate
Lbs/Hr
100
200
400
600
800
1,000
1,500
2,000
, 2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
Tons/Hr
0.05
0.10
0.20
0.30
0.40
0,50
0.75
1.00
1.25
1.50
1,75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
6.00
Rate of
Emission
Lbs/Hr
0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
10.40
11.20
12.00
13.60
Process Weight Rate
Lbs/Hr
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1 ,000 ,000
2,000,000
6,000,000
Tons/Hr
8.00
9.00
10.00
15.00
20.00
25.00
30.00
35.00
40.00
45.00
50.00
60.00
70.00
80.00
100.00
500.00
1,000.00
3,000.00
Rate of
Emission
Lbs/Hr
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7
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aInterpolation of the data in this table for process weight rates up to
60,000 Ib/hr. shall be accomplished by use of the equation E = 4.10
p0.67f and interpolation and extrapolation of the data for process weight
rates in excess of 60,000 Ib/hr. shall be accomplished by use of the
equation;
E = 55.0 P0>11-40, where E = rate of emission in Ib/hr. and
P = Process weight in tons/hr.
For those processes whose weight exceeds 200 tons/hour,, the maximum
allowable emission may exceed that shown in Table I, provided that the
concentration of particulate matter in the discharge gases to the atmos-
phere is less than 0.10 pounds per 1,000 pounds of gases.
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i
ro
co
ro
i
1,0
0.9
0.8
0.7
0.6
0.5
0.4
0.3
0.2
0.1
11 ill
i..I
. ...il
I I i i i ml
10
TOO 1000
INPUT-MILLION BTU/HR.
PARTICULATE EMISSION UNITS
10.000
FIGURE 1
-------
AIR QUALITY
CONTROL ORDINANCE
CITY OF HAMMOND, INDIANA
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AN ORDINANCE TO REGULATE SMOKE AND CONTROL AIR
QUALITY WITHIN THE CITY OF HAMMOND, INDIANA,
AND TO ESTABLISH THE DEPARTMENT OF AIR
POLLUTION CONTROL
ARTICLE I
(2.0) GENERAL PROVISIONS
(2.0) Sec. 1.1 SHORT TITLE. This ordinance shall be known and cited as the
"Air Quality Control Ordinance."
(2.0) Sec. 1.2 PURPOSE. This ordinance is designed to control air pollution
by establishing the Department of Air Pollution Control in the
City of Hammond, Indiana, and prescribing the duties of the
Chief of air pollution control, empowering investigation and
abatement by the Chief of violations of this ordinance, pro-
viding for the establishment and enforcement of rules and
regulations, providing for an AIR POLLUTION CONTROL BOARD,
providing for registration of air pollution sources, permits
for the installation, construction, addition to, alteration,
and use of process, fuel-burning, refuse-burning, and control
equipment and for fees for the same, providing for inspections
and tssts of process, fuel-burning, refuse-burning, and control
equipment and for the issuance of certificates of operation
and for fees therefor, establishing limitations upon the emis-
sion of air pollutants, declaring emissions which do .not meet
such limitations to be unlawful and a public nuisance, pro-
hibiting certain acts causing air pollution, providing for
fines and penalties for violation of the provisions of this
ordinance, and providing just and adequate means by which the
provisions of this ordinance may be executed.
(1.0) Sec. 1.3 DEFINITION OF TERMS. The following words and phrases when
used in this ordinance shall for the purpose of this ordinance
have the meanings respectively ascribed to them in this article,
, unless a different meaning is clearly indicated.
(a) "Air Contaminant," Any smoke, soot, fly ash, dust, cinders,
dirt, injurious or objectionable acids, fumes, oxides,
. gases, vapors, odorss toxic or radioactive substances,
waste, particulate, solid, liquid or gaseous matter, or
any other material in the outdoor atmosphere, but excluding
uncombined water.
i
(b) "Air Pollution." The presence in the outdoor atmosphere of
one or more contaminants or combinations thereof in such
quantities and of such duration that they are or may tend to
be injurious to human, plant, or animal life, or property,
or that interfere with the comfortable enjoyment cf life
or property or the conduct of business.
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(c) "ASME." The American Society of Mechanical Engineers.
(d) "ASTM." The American Society for Testing Materials.
(e) "Ashes." Includes cinders, fly ash or any other solid
material resulting from combustion, and may include un-
burned combustibles.
(f) "Air Pollution Control Board." The board created by this
ordinance to be known as the Air Pollution Control Board
end to act as provided for pursuant to Section 2.4 of this
ordinance.
(g) "Certificate of Operation." A certificate issued by the
Chief authorizing the use of any process, fuel-burning,
refuse-burning, or control equipment for the period indi-
cated after it has been found that it can be operated in
compliance with the ordinance.
(h) "City." City of Hammond, Indiana.
(i) "Chief." Chief of the Department of Air Pollution Control
of the City of Hammond or his authorized representative.
(j) "Cleaning Fires." Act of removing ashes from the fuel bed
or furnace..
(k) "Combustible Refuse." Any combustible waste material.
(1) "Control Equipment." Any equipment which has the function
of regulating that portion of a process, fuel-burning, or
refuse-burning equipment which inay release contaminants
.and. thus reduce the creation of, or the emission of air
contaminants to the atmosphere, or both.
(m) "Coiincil." City Council of the City of Hammond.
(n) "Department." Air Pollution Control Department.
(o) "Domestic Heating Plant." A plant generating heat for a
s'ingle-family residence, or for two residences either in
duplex or double house form, or for multiple-dwelling units
having a total input of less than 1,000,000 BTU per hour.
'Under this designation are also hot water heaters, stoves,
and space heaters used in connection with the foregoing
establishments, or to heat temporary buildings; provided,
•however, that like equipment used in multiple-dwelling
units other than herein described, or used in permanent
buildings of commercial or industrial establishments, is
not to be construed as included under this designation.
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(p) "Domestic Incinerator." Portable, packaged, completely
assembled, direct-fed incinerator, having not over 5 cubic
feet storage capacity or 25 pounds per hour burning rate,
designed to handle combustible refuse consisting of approx-
imately equal amounts of rubbish and garbage by weight.
(q) , "Emission." The act of passing into the atmosphere of air
contaminant, or the material so passed to the atmosphere.
(r) "Fuel-burning Equipment." Any equipment, device, or contri-
vance used for the burning of any fuel and all appurtenances
thereto, including ducts, breechings, control equipment,
fuel-feeding equipment, ash-removal equipment, combustion
controls, stacks, chimneys, etc., used for indirect heating
in which the material being heated is not contacted by and
adds no substance to the products of combustion. Such
equipment typically includes that used for heating water to
boiling; raising steam, or super-heating steam; heating air
as in a warm air furnace; furnishing process heat that is
conducted through process vessel walls; and furnishing
process heat indirectly through its transfer by fluids.
(s) "Hand-fired Fuel-burning Equipment." Fuel-burning equip-
ment in which fuel is manually introduced directly into
the combustion chamber.
(t) "Incinerators." All devices intended or used for the de-
struction of refuse or other combustible refuse by burning.
(u) "Installation Permit." A permit issued by the Chief author-
izing the construction, installation, or alteration of any
process, fuel-burning, refuse-burning, or control equipment
in accordance with the plans and specifications approved
by the Chief.
(v) "Mayor." The Mayor of the City of Hammond, Indiana.
(w) "Opacity." State of a substance which renders it partially
or wholly impervious to the rays of light. Opacity as used
in this ordinance refers to the obscuration of an observer's
view.
(x) "Open Burning." Any fire from which the products of com-
bustion are emitted directly into the outdoor atmosphere
without passing through a stack.
(y) "Particulate Matter." Material other than uncombined water
which is suspended in air or other gases as a liquid or
solid.
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(z) "Person." Any individual, partnership, co-operative,
firm, company, corporation, association, joint stock cdm-
' pany, trust, estate, government entity or any other legal
entity, or their legal representatives, agents, or assigns.
The masculine gender shall include the feminine, the sin-
gular shall include the plural where indicated by the
context.
(aa) "Process Equipment." Any equipment, device, or contrivance
for changing any materials whatever or for storing or
handling of any materials, and all appurtenances thereto,
including ducts, stacks, etc., the use of existence of
which may cause any discharge of air pollutants into the
outdoor atmosphere, but not including that equipment spe-
cifically defined as fuel-burning equipment or refuse-
. burning equipment in this ordinance.
(bb) "Process Weight." The total weight of all material intro-
duced into a unit operation or unit process, including
solid fuels, but excluding liquid and fuels and gaseous
fuels when these are used solely as fuels, and excluding
air introduced for purposes of combusticn.
(cc) "Process Weight Rate." A rate established as follows:
(a) For continuous or long run steady-state unit oper-
ations or unit processes, the total process weight
for the entire period of continuous operation or
for a typical portion thereof, divided by the number
of hours of such period or portion thereof.
(b) For cyclical or batch unit operations or unit pro-
cesses, the total process weight for a period that
covers a complete operation or an integral number
of cycles, divided by the hours of actual process
operations during such a period.
Where the nature of any process or operation or the design
of any equipment is such as to permit more than one inter-
1 pretation of this definition, the interpretation that
results in the minimum value for allowable emission shall
apply.
(dd) "Refuse-burning Equipment." Any incinerator, equipment,
device, or contrivance used for the destruction of refuse,
and/or ether combustible wastes by burning.; and all appurte-
nances thereto.
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(ee) "Salvage Operations." Any operation conducted in whole or
in part for the salvaging or reclaiming of any product or
1 material.
(ff) "Seal for Sealing Equipment or Premises." A device installed
by the Chief so as to prevent use of the process, fuel-
burning, refuse-burning, or control equipment or premises
causing the violation or from which violations of this ordi-
nance originate.
(gg) ''-Smoke." Small gas-borne particles resulting from incom-
plete combustion, consisting predominantly, but not exclu-
sively, of carbon, ash, and other combustible material.
(hh) "Stack." Duct, chimney, flue, conduit, or opening arranged
for the emission into the outdoor atmosphere of air pollu-
tants .
(ii) "Unit Operation." Methods where raw materials undergo
pnysical change; methods by which raw materials may be
altered into different states, such as vapor, liquid or
solid without changing into a new substance with different
properties and composition.
(jj) "Unit Process." Reactions where raw materials undergo chem-
ical change; where on or more raw materials are combined
and completely changed into a new substance with different
properties and composition.
ARTICLE II
(2.0) ADMINISTRATIVE ORGANIZATION
(2.0) Sec. 2.1 ADMINISTRATIVE ORGANIZATION AND ENFORCEMENT.
(15.0)
(a) This ordinance shall be effective territorially throughout
the City of Hammond, Indiana.
(b) The administration and enforcement of this ordinance shall
be conducted by the Department of Air Pollution Control,
headed by a Chief.
(c) There is hereby created the position of Chief of Air Pollu-
tion Control. He shall be appointed by the Mayor.
(d) The Chief shall perform such duties as may be required of
him relative to Air Pollution Control, He shall have con-
trol of all matters and things pertaining to the work of
the Department, and shall supervise the execution of all
laws, rules, and regulations pertaining to air pollution
as provided in this ordinance.
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(e) the Chief shall be qualified by technical training, and
have at least 3 years experience in the theory and prac-
tice of construction and operation of furnaces, combustion
devices, or in the theory and practice of air pollution
control and shall be qualified by education and experience
to c6-operate with scientific, educational, and civic or-
ganizations interested in air pollution control.
(15.0) Sec. 2.2 POWERS AND DUTIES OF THE CHIEF.
(a) Make all needful rules and regulations pertaining to the
administration.
(b) Institute complaints against all persons violating any
provision of this ordinance and institute necessary legal
proceedings to prosecute violations of this ordinance and
compel the prevention and abatement of air pollution or
nuisances arising therefrom.
(c) Examine and approve or disapprove the plans for fuel and
'refuse-burning equipment, process equipment; and control
equipment to be installed, constructed, reconstructed, or
altered or added to.
(d) Make inspections and tests of existing and newly installed,
constructed, reconstructed, or altered fuel or refuse-
burning equipment, process equipment, and control equipment.
(e) Investigate complaints of violations of this ordinance and
make inspections and observations of air pollution conditions
Record such investigations, complaints; inspections, and
observations.
.(f). Approve or reject application for permits, and administer
the issuance of certificates of operation, notices or other
matters required under the provisions of this ordinance.
(g) Prepare and place before the Air Pollution Control Board
for their consideration proposals for additions or revisions
to this ordinance, or any other regulation pertaining to
air abatement.
(h) Encourage voluntary co-operation by persons or affected
, groups in the preservation and restoration of the purity
of the outdoor atmosphere, and grant a reasonable time to
comply with the provisions of this ordinance.
(i)' Collect and disseminate information on "air pollution control.
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(j) Work with planning and zoning agencies for the purpose of
co-ordinating activities under provisions of this ordinance
and foster the best possible management of the air resources,
(k) Co-operate and work with Federal, interstate, state, county,
district, municipal, and other agencies concerned with air
pollution, with regard to aerometric studies, abatement
programs, public complaints, and other matters to the end
that the air resources of Hammond and Lake County shall be
best conserved and improved.
(1) Make all needful rules and regulations pertaining to the
administration of the Department of Air Pollution Control;
said rules and regulations shall be submitted to the Mayor
and Department for approval.
(m) Issue all permits, certificates, notices, or other matters
required under the provisions of this ordinance; prepare
and maintain adequate records thereof; and notify all
persons concerned of any decision he may render and pro-
vide such persons with an opportunity to be heard as here-
in set forth.
(n) Report to the Mayor and the Air Pollution Control Board
with respect to recommendations for needed additions or
revisions of this ordinance.
(o) Do any and all acts which may be necessary for the success-
ful prosecution of the purpose of this ordinance and such
other acts as may be specifically enumerated therein as
his duties.
(2.0) Sec. 2.3 AIR POLLUTION INSPECTORS.
(a) Air Pollution Inspectors shall be employees of the Depart-
ment, preferably qualified by technical training in the
theory and practice of the construction and operation of
combustion and process equipment or in the theory and prac-
tice of smoke abatement and air pollution control,
(b) No person employed in the Department shall be directly or
indirectly interested in the manufacture, lease, or sale
of fuel, combustion or process equipment or gas cleaning
devices, or other smoke abatement or air pollution control
equipment, or the apparatus or devices connected therewith
. or any extensions thereof.
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(c) The duties of the inspectors shall be to carry out the
Directions of the Chief in all matters relating to enforce-
ment of this ordinance, and to aid and assist the Chief
in the efficient discharge of his duties.
(16.0) Sec. 2.4 AIR POLLUTION CONTROL BOARD.
(a) An Air Pollution Control Board shall be appointed by the
Mayor. The Chief may make recommendations to the Mayor
for such appointments. This Board shall study the problem
of air pollution control within the city, and shall from
time-to-time recommend to the Chief appropriate means of
air pollution abatement, including needed additions to
or revisions of this ordinance.
(b) The Air Pollution Control Board shall consist of not less
than seven (7) nor more than nine (9) members. Not more
than two (2) members of said Board shall hold any public
office. Said board shall consist of at least one of the
following: a chemist or engineer, at least one physician
licensed to practice medicine in Indiana, and at least
one attorney licensed to practice law in Indiana. Two
(2) members shall be appointed for a term of one year,
two (2) members for a term of two years, and the remainder
for a term of three years. Upon expiration of any term,
all succeeding terms shall be for a term of three years.
This provision shall be implemented by the Mayor on future
replacements or vacancies so as to provide for the afore-
mentioned qualified members in an orderly transition from
the aforementioned method of appointing Board members.
(c) The Air Pollution Control Board shall elect its own chair-
man and secretary. A quorum shall consist of a majority
of the members of the Board. It shall meet at the call of
the chairman, and all members shall serve without compen-
sation. The Mayor shall appoint additional members to fill
all vacancies. The Chief shall be an ex-officio member of
the Board without the right to vote and shall act as secre-
tary thereof.
(d) The Air Pollution Control Board shall hold a regular meeting
at least quarterly and other meetings at such additional
times as may be called by the chairman. The chairman shall
call a special meeting upon written request of at least three
members of the Air Pollution Control Board or at the request
of the Chief. The Air Pollution Control Board shall keep
minutes of its proceedings which shall clearly show the
official actions of the Air Pollution Control Board and the
vote of any member.
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(e) The Air Pollution Control Board shall confer with and
advise the Chief on needed revisions or additions in this
or any other ordinance pertaining to air pollution or rules
and regulations promulgated thereunder and on any matters
concerning air pollution.
(16.0) Sec. 2.5 .AIR POLLUTION CONTROL BOARD: MANNER OF TAKING APPEALS. The
Air Pollution Control Board is hereby vested with the following
jurisdiction and authority:
1. To decide appeals from any decision, ruling, regulation,
determination or order made by the Chief under this ordi-
nance, or failure to act upon request within a reasonable
period of the directive in the manner and subject to the
standards hereinafter set out.
2. To pass upon application for extension of time for com-
pliance or for exemptions of variances in the manner and
subject to Article X.
3. To decide all matters referred to it or upon which it is
required to pass under this ordinance.
All hearings conducted by the Air Pollution Control Board shall
be open to the public. Any person may appear and testify at a
hearing, either in person or by a duly authorized representative
or attorney. All testimony shall be given under oath.
The Air Pollution Control Board shall keep minutes of its pro-
ceedings showing the vote of each member upon each question,
or.if he is absent or failing to vote, indicating such fact
and shall also keep records of its hearings and other official
actions. Every order, requirement, decision, or determination
of the Air Pollution Control Board shall be filed immediately
in the office of the Department of Air Pollution Control of the
City of Hammond and shall be a public record.
Members shall serve without compensation, but shall be reimbursed
for necessary expenses incurred in the performance of their of-
ficial duties upon the approval of the Chief and a majority of
the members of the Department within budget limitations.
Any person taking exception to and affected by any final deci-
sion, ruling, requirement, rule, regulation or order, or failure
to act upon the request of the Chief within a reasonable period
of time, may take an appeal to the Air Pollution Control Board
as established by this section. Such appeal shall be taken with-
in fifteen (15) days after receiving notice of such decision,
ruling, requirement, rule, regulation or order, or failure to
act upon filing with the Chief a notice of appeal directed to
the Air Pollution Control Board, specifying the ground thereof
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and the relief prayed for. A fee of twenty-five dollars ($25.00)
shall be posted by the appellant at the time of the filing of
the appeal to cover the costs of the hearing and shall not be
refunded. The Chief shall forthwith furnish to the Air Pollution
Control Board all the papers relating to the case. The Air
Pollution Control Board not less than ten (10) days after the
date of filing the appeal, shall set a date for the hearing, and'
shall give notice thereof by mail to the interested parties. The
Air Pollution Control Board may in its discretion grant contin-
uances. Such an appeal shall act as a stay of the decision,
ruling, requirement, rule, regulation, or order in question until
the Air Pollution Control Board has taken final action on the
appeal. At the hearing any party may appear in person or by
agent or attorney, and present evidence, both written and oral,
pertinent to the questions and issues involved, and may examine
and cross-examine witnesses. The Air Pollution Control Board,
after the hearing, shall affirm, modify, or reverse the decision,
ruling, requirement, rule, regulation, or order of the Chief, or
order him to act. The decision of the Air Pollution Control
Board shall be binding on the Chief, and appellant unless reversed
by a court of competent jurisdiction.
The procedural provisions of the "Administrative Adjudication and
Court Review Act," (Acts 1947, Chapter 365, Sections 1-30. P. 1451)
shall govern, and all amendments and modifications thereof, and
the rules adopted pursuant thereto, shall apply and govern all
proceedings for the judicial review of final administrative deci-
sions hereunder, and the provisions of said Act, insofar as
applicable, are adopted and incorporated herein by reference.
Reference in said Act to the State of Indiana shall be deemed
reference to the City of Hammond, and references in said Act to
the Attorney General shall be deemed references to the City
Attorney.
The A'lr Pollution Control Board shall provide a court reporter
to take the testimony and preserve a record of all proceedings
of the Air Pollution Control Board under this section. The
notice of appeal, the notice cf hearing, all other documents
and pleadings, written motions filed in the proceedings, the
transcript of testimony and the findings of fact, and decisions
shall be the record of proceedings. The Air Pollution Control
Board shall furnish a transcript of such record to any person
interested as a party to such hearing upon the payment thereof
of seventy-five cents per page for each carbon copy thereof.
However, the charges of any part of such transcript ordered or
paid for previous to the writing of the original record shall
be fifty cents per page.
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The Air Pollution Control Board shall not be required to certify
any record or file any answer or otherwise appear in any pro-
ceeding for judicial review unless the party filing the appeal
deposits the sum of seventy-five cents per page, which includes
cost of certification. Failure on the part of the appellant to
make such deposits shall be grounds for dismissal of the action.
Upon judicial review the Air Pollution Control Board shall
certify the record.
ARTICLE III
(2.0) STANDARDS AND RECOMMENDED PRACTICES
Sec. 3.1 ADOPTED STANDARDS OR RECOMMENDED PRACTICES. Where reference is
made in this ordinance to the standards or recommended practices
of national technical societies, associations, or other organi-
zations, such information shall form and be considered an inte-
gral part of the ordinance in the same manner and extent as if
fully reproduced therein. Not less than two copies of such
standards or recommended practices of technical societies,
associations, or other organizations shall be kept on file at'
all times in the office of the Chief; two copies thereof shall
be filed in the office of the City Clerk, and shall be available
for inspection by the Public.
ARTICLE IV
(3.0) INSTALLATION PERMIT. CERTIFICATE OF COMPLIANCE AND CERTIFICATE OF OPERATION
Sec. 4.1 APPLICATION OR CERTIFICATE OF COMPLIANCE REQUIRED. No person
shall construct, install, reconstruct, or alter any process,
fuel-burning, refuse-burning, or control equipment pertaining
thersto, which may be a source of air contaminant, for use with-
in the City of Hammond until an application, including not less
than two sets of properly prepared plans and specifications of
the process, fuel-burning, refuse-burning, or control equipment
and structures or buildings used in connection therewith, have
been filed by the person or his agent in the office of, and has
been approved by, the Chief, and until an installation permit
has been issued by the Chief for such construction, installa-
tion, or alteration. In lieu of such application, such person
may file with the Chief at the option of the Chief, a certifi-
cate that such process, fuel-burning, refuse-burning cr control
equipment has been designed to comply with each and all of the
applicable provisions and limitations of this Ordinance. Upon
the filing of such certificate., the Chief shall forthwith issue
an installation permit. The two sets of plans required by this
section shall be all of the information required to entitle the
person to the issuance of an installation permit based upon such
certificate of compliance.
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Sec. 4.2 INFORMATION REQUIRED. The Chief may require that applications
, for installation permits and certificates of operation shall
show the form and dimensions of the process, fuel-burning,
refuse-burning, or control equipment, together with the descrip-
tion and dimensions of the building or part thereof in which
such process, fuel-burning, refuse-burning, or control equip-
ment is to be located, including the means provided for admit-
ting the air for combustion process; the character of the fuel
1 to be used; the maximum quantity of such fuel to be burned per
hour; the kind and amount of raw materials processed; the ex-
pected air contaminant emission rate; the operating require-
ments; the use to be made of such process, fuel-burning, refuse-
burning, or control equipment; contaminant concentration, gas
volume, and gas temperature at the emission point; physical
characteristics of particulates emitted; the location and ele-
vation of the emission point relative to nearby structures,
window openings, etc., a flow diagram showing the equipment
under consideration and its relationship to other processes,
if any, and a general description of these processes; and any
other reasonable and pertinent information that may be required
by the Chief.
Sec. 4.3 EMERGENCY REPAIRS. An emergency repair may be made prior to
the application for an installation permit if serious conse-
quences may result if the repair were.deferred. When such
repair is made, the person concerned shall notify the Chief
on the first business day after the emergency occurred and file
an application for an installation permit if directed to do so
by .the Chief.
Sec. 4.4 ACTIONS ON PERMIT APPLICATIONS. An application shall be acted
on within thirty (30) calendar days after it is filed in the
office of the Chief. The Chief shall notify the person applying
for the permit of approval or reasons for rejection of the
application in writing. Upon approval of the application and
•upon the payment of the prescribed fees, the Chief shall issue
a permit for the construction, installation:, or alteration of
such process, fuel-burning, refuse-burning or control equipment.
Sec. 4.5 APPLICABILITY OF THE PERMIT. No construction, installation,
reconstruction, or alteration shall be made which is not in
accordance with the plans, specifications, and other pertinent
information upon which the installation permit was issued with-
out the written approval of the Chief.
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Sec. 4.6 PERMIT VIOLATION. Violation of the installation permit shall
be sufficient cause for the Chief to stop all work in connection
with said permit and he is hereby authorized to seal the install-
ation. No further work shall be done until the Chief is assured
that the condition in question will be corrected and that the
'Work will proceed in accordance with the installation permit.
Sec. 4.7 TIME LIMIT ON PERMITS. If construction, installation, recon-
struction, or alteration is not completed within one (1) year
of the date of the installation permit, the permit shall become
void and all fees shall be forfeited, unless an extension of
time is warranted and granted by the Chief.
i
Sec. 4.8 CERTIFICATE OF OPERATION. No person shall operate or cause to
be operated any fuel-burning, refuse-burning, process, or con-
trol equipment or any equipment pertaining thereto for which
an installation permit was required or was issued under this
ordinance until an inspection has been made by the Chief. The
person responsible for the installation, construction, or alter-
ation of any process, fuel-burning, refuse-burning, or control
equipment for which an installation permit is required, shall
notify the Chief when the work is completed and ready for final
inspection. No equipment shall be operated for any other pur-
pose or in any other manner than that for which the installation
permit was approved and for which a certificate of operation
has been issued unless otherwise authorized in writing by the
Chief. After the installation permit has been issued and it is
demonstrated to the satisfaction of the Chief, that the process,
fuel-burning, refuse-burning, or control equipment can be oper-
ated in compliance with this ordinance, an initial certificate
of operation shall be issued by the Chief. Emission tests may
be required by the Chief before the issuing of an initial cer-
tificate of operation as set forth in Article IV. Said Certi-
ficate of operation shall be kept posted on or near the install-
ation for which it was issued. The certificate of operation
shall properly identify the equipment to which it pertains and
shall specify the class of fuel, type of refuse, type of raw
materials used, if any, which have been successfully used in
the operating test. The initial certificate of operation shall
remain in force until terminated by any one or more of the
following actions:
(a) Implementation and institution of Sections 4.6, 4.7.
(b) Execution of Article XI.
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failure to operate successfully under test within the limi-
tations and requirements of this ordinance shall constitute
sufficient grounds for ordering changes in the process, fuel-
burning, refuse-burning, or control equipment or appurtenances
before an initial certificate of operation can be granted.
'When the Chief refuses to issue a certificate of operation,
the Chief is authorized to seal the process, fuel-burning,
refuse-burning, or control equipment until the person required
to procure the certificate of operation shall have complied
with the provisions of this ordinance.
Sec. 4.9 RENEWAL OF CERTIFICATE OF OPERATION. The Chief shall require
application of renewal for certificates of operation on those
installations for which an installation permit was obtained,
and shall require the issuance or renewal of certificates of
operation on equipment existing prior to the adoption of this
ordinance and collect appropriate fees thereof for such certi-
ficates. Such certificates of operation shall not be required
more often than once per year, and may be terminated for the
same reasons as listed in Section 4.8. The Chief is hereby
authorized to seal any equipment for which a certificate of
operation is required and has not been issued. Installation
permits and certificates of operation shall not be transferable.
Sec. 4.10 DOMESTIC HEATING PLANTS AND DOMESTIC INCINERATORS. Provisions
of Sections 4.1 through 4.9 of this Article are not applicable
to domestic heating plants, and shall not apply to domestic
incinerators.
Sec. 4.11 PERMIT TO SELL OR RENT DOMESTIC INCINERATORS. Any person who
sells or rents to another person domestic incinerators which
may be used to dispose of combustible refuse by burning and
which incinerators are to be used exclusively in connection
with any dwelling, which dwelling is designed for and used ex-
clusively as a dwelling for not more than two (2) families,
shall firsthand annually thereafter, obtain a permit from the
Chief to sell or rent such incinerators.
Sec. 4.12 REGISTRATION OF EMISSIONS. The Chief may require the written
•registration of points of emission of air contaminants, whether
by stack, duct, flue, equipment, or by any other means when,
in his opinion, such information is necessary for the conduct
of the work of the department. A period of sixty (60) days
'shall be allowed for the filing of such registration. How-
ever, in cases of emergency, the Chief may designate any lesser
time which he believes to be justified. The Chief is also em-
.powered to notify the owner or agent when, in his opinion,
such registration is no longer required.
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Sec. 4.13 CONTENT OF REGISTRATIONS. The written registration of points
of emission may include the following information: the loca-
tion of the source of emission, size of outlets, height of
outlets,-rate of emission, composition of emission, tempera-
ture of effluent or emission, nature of the equipment creating
> the Emissions, and any other pertinent information specified
by the Chief.
Sec. 4.14 PROSECUTION OF ORDINANCE VIOLATIONS. The issuance by the Chief
oTsny installation permit or certificate of operation shall
not be held to exempt the person to whom the permit or certi-
ficate was issued or who is in possession of the same, from
• prosecution for the emission of air contaminants prohibited
by this ordinance.
ARTICLE V
(2.0) SCHEDULE OF FEES
Sec. 5.1 FILING FEES. Fees for the inspection of plans, and issuing
installation permits, for the installation, erection, con-
struction, reconstruction, alteration of, or addition tc,
fuel-burning, combustion or process equipment or devices, and
installation of apparatus or devices for the prevention or
arresting of the discharge of smoke, particulate., liquid» gas-
eous, or other matter shall be as follows:
Fuel-burning equipment used for space heating.; steam and hot
water or power generation for each unit:
Of a capacity of 650,000 BTU/Hr. and less
than 2,880,000 BTU/Hr $10.00
Of a capacity of 2,880,000 BTU/Hr. or more $15.00
Refuse-burning equipment, for each unit:
With less than fifteen square feet of grate area.$10.00
With fifteen or more square feet of grate area...$15.00
Process equipment or control devices:
Per one unit operation or one unit process
creating atmospheric pollution or any device
controlling atmospheric pollution.... , $10.00
Permit to sell or rent domestic incinerators $10.00
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Sec. 5.2 ANNUAL CERTIFICATE OF OPERATION FEES. Fees shall be as follows
for the issuance or re-issuance of Certificate of Operation
'which may require annual inspection of fuel-burning, combustion
or process equipment or devices:
t,
Fuel-burning equipment used for space heating, steam and hot
water or power generation, for each unit:
' Of a capacity of 650,000 BTU/Hr. and less
' than 2,880,000 BTU/Hr... $ 5.00
Of a capacity of 2,880,000 BTU/Hr. or more $10.00
Refuse-burning equipment, for each unit:
With less than fifteen square feet of grate area.$ 5.00
With fifteen square feet or more of grate area...$10.00
Process equipment or control devices:
Per one unit operation or one unit process
creating atmospheric pollution or any device
controlling atmospheric pollution $ 5.00
Sec. 5.3 PAYMENT OF FEES. All fees or penalties prescribed for the
issuance of permits, licenses, or certificates, or for the
inspection of plans, premises, or equipment, under any pre-
vision of this chapter, shall be paid to the City Controller,
who shall render to the person making such payment a receipt
stating the amount and purpose for which such fee or penalty
has been paid, a duplicate of which shall be made part of the
records of the Department. All fees and penalties thus re-
ceived shall be deposited with the City Controller.
Sec. 5.4 FEES ARE DEBT DUE THE CITY - SUIT FOR. All fees or penalties
prescribed for, the payment of which is required under any
provision of this Chapter, shall constitute a debt due the
City. The City Attorney shall, at the direction of the Chief,
institute civil suit in the name of the City to recover the
amount of any such unpaid fee or penalty. No civil judgment,
or any act by the City Attorney> the Chief, or the violator,
shall bar or prevent a criminal prosecution for each and every
violation of this chapter
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ARTICLE VI
(2.0) EMISSION LIMITATIONS AND PROHIBITIONS - STANDARDS OF MEASUREMENT
(9.0),
(50.1.2) Sec. 6.1 VISIBLE EMISSIONS. It shall be unlawful for any person to
discharge into the atmosphere, or cause to be so discharged,
from any combustion or process equipment or device, vehicle,
incinerator, or open fire whatsoever any air contaminant for
a period or periods aggregating more than five minutes in any
one hour which is:
a. As dark or darker in shade as that designated as No. 2
on the Ringelmann Chart, as published by the United
States Bureau of Mines, or
b. Of such opacity as to obscure an observer's view to a
degree equal to or greater than does smoke described
in subsection (a) of this section.
(51.5) Sec. 6.2 EMISSION OF PARTICULATE MATTER FROM FUEL-BURNING AND REFUSE-
(51.9) BURNING EQUIPMENT.
a. No person shall cause, suffer, or allow to be emitted into
the outdoor atmosphere from any fuel-burning equipment or
premises, or to pass a convenient measuring point near the
stack outlet, particulate matter in the gases to exceed
0.60 pounds per 1,000,000 BTU heat input for installations
using less than 10,000,000 BTU per hour total input. For
. a single unit using greater than 10,000,000 BTU per hour
total input, the allowable particulate emission limitation
will be determined from the following table:
Maximum allowable emission
of particulate matter in
Heat input in millions pounds per million British
of British Thermal Units Thermal Units per hour,
per hour heat input
10 or l^ss
50
too
500
1 ,000
2,500
5,000
0.60
0.46
, 0.41
0.32
0.29
0.25
, 0.225
7,500 0.210
10,000 or more .„.«,..-., 0.20
For heat inputs between any two consecutive heat inputs in
the table, the maximum allowable particulate matter emission
shall be determined by graphical interpolation, using log-
arithmic graph paper.
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b. The burning of refuse in fuel-burning equipment is pro-
: hibited except in equipment from which no visible emis-
sion in excess of that permitted by Section 6.1, no air
pollutants in excess of that permitted by Section 6.2
are emitted, and no odorous materials arising from the
installation are observable beyond the premises on which
the installation is located.
(50.1) Sec. 6.3 EMISSION OF PARTICULATE MATTER FROM INCINERATORS.
(51.9) ~~J : :
a. No person shall cause, suffer, or allow to be emitted into
the outdoor atmosphere from any incinerator, refuse-burning
equipment or premises, or to pass a convenient measuring
point near the stack outlet, particulate matter in gases
to exceed 0.65 pounds for each 1,000 pounds of dry flue
gases adjusted to 12% carbon dioxide (excluding the effects
of any auxiliary fuel); or odorous material arising from
the installation which is detectable beyond the premises
on which the installation is located.
b. No incinerator shall be used for the burning of refuse
unless such incinerator is a multiple chamber incinerator.
Existing incinerators which are not multiple chamber in-
cinerators, may be altered, modified, or rebuilt as may
be necessary to meet this requirement, or found by the
Chief to be of equivalent efficiency.
(50.1.1) Sec. 6.4 EMISSION OF PARTICULATE MATTER FROM INDUSTRIAL PROCESS EQUIP-
MENT. The maximum allowable emission of particulate matter
from any source whatever except fuel-burning and refuse-burning
equipment shall be determined from Table I, as set forth on
page 263 hereof. To use the table, find the process weight per
hour in the table, and note the allowable rate of emissions in
pounds per hour next to the process weight per hour.
For those processes whose process weight exceeds 200 tons/Hr.,
the maximum allowable emission may exceed that shown in Table
I provided that the concentration of particul ate matter in the
discharge gases is less than 0.05 grains per standard cubic
foot of gas.
(51.16) Sec. 6.5 STORAGE OF PETROLEUM OR OTHER VOLATILE PRODUCTS. A person
shall not place, store or hold in any stationary tank, reser-
voir or other container of more than 65,000 gallons capacity
any petroleum product or mixture of products having a vapor
pressure of 2.0 pounds per square inch absolute or greater
under actual storage conditions, unless such tank, reservoir,
or other container is a pressure tank maintaining working pres-
sures sufficient at all times to prevent hydrocarbon vapor or
gas loss to the atmosphere, or is designed and equipped with one
of the following vapor loss control devices, properly installed,
in good working order and in operation:
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a. A floating roof, consisting of a pontoon-type or double-
deck type roof, resting on the surface of the liquid
contents and equipped with a closure seal, or seals, to
close the space between the roof edge and tank wall. The
control equipment provided for in this paragraph shall not
be used if the gasoline or petroleum absolute or greater
under actual storage conditions. All tank gauging and
sampling devices shall be gas tight except when gauging
or sampling is taking place.
b. A vapor recovery system, consisting of a vapor-gathering
system capable of collecting the hydrocarbon 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
tank gauging and sampling devices gas tight except when
gauging or sampling is taking place.
c. Other equipment of equal efficiency, provided plans for
such equipment are submitted to and approved by the Chief.
(51.16) Sec. 6.6 VOLATILE PETROLEUM DISTILLATE LOADING INTO TANKS. TRUCKS.
TRAILERS AND RAILROAD TANK CARS. A person shall not load
volatile petroleum distillates into any tank, truck, or trailer.
or railroad car from any loading facility unless such loading
operation utilizes a submerged fill pipe or such loading faci-
lity is equipped with a vapor collection and disposal system
or its equivalent, properly installed, in good working order,
in operation and approved by the Chief.
For purposes of this section any petroleum distillate having a
Rei,d vapor pressure of 4 pounds or greater shall be included
by the term "volatile petroleum distillate."
For the purpose of this section, the term "submerged fill pipe"
is defined as any fill pipe the discharge opening of which is
entirely submerged when the liquid level is 6 inches above the
bottom of the tank. "Submerged fill pipe" when applied to a
tank which is loaded from the side is defined as any fill pipe
the discharge opening of which is entirely submerged when the
liquid is 18 inches above the bottom of the tank.
(50.2) Sec. 6.7 SULFUR OXIDES. (As amended by Ordinance No. 3672)
ORDINANCE NUMBER 3672
An Ordinance amending Ordinance No. 3522 being entitled "An
Ordinance to Regulate Smoke and Control Air Quality within
the City of Hammond, Indiana, and to establish the Section of
Air Control within the Department of Health."
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BE IT ORDAINED by the Common Council of the City of Hammond,
Indiana:
Sec. 1 ' That section 6.7 entitled "Sulfur Oxides" is hereby amended
to read as follows:
(50.2) Sec. 6,7 SULFUa OXIDES.
a. No person, persons, company, corporation, business or
industry shall cause, let, permit, suffer, or allow any
emission of sulfur oxides which of itself results in ground
level concentrations of sulfur oxides at any given point in
excess of 0.5 ppm (volume) in the period of any hour and
average exposure shall not exceed 0.1 ppm (volume) of sul-
phur oxides in any 24 hour period. These limitations shall
not apply to ground level concentrations occurring on the
. property from which such emission occurs, provided such
property, from the emission point to the point of any such
concentration is controlled by the person, persons, com-
pany, corporation, business or industry responsible for
the emission.
b. No person, persons, company, corporation, business or in-
dustry shall cause or permit the use, or, if intended for
use in the City of Hammond, the purchase, sale, offer for
sale, storage or transportation, of a fuel, which, as
determined by the methods of the American Society for -
Testing and Materials, contains more than the following
percentages of sulfur by weight:
For a period of two (2) years, beginning one (1)
year after the effective date of this amendment:
fuel: 2.5 percent
For a period of eighteen months, beginning three
years after the effective date of this amendment:
fuel: 2.0 percent
Thereafter:
fuel: 1,5 oercent
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c. When periods of stagnation, for 24 hours or greater, occur,
as defined by the Chief of the Department of Air Pollution
Control, the director shall have the power to Implement
a Pollution Emerging Episode Control Plan, whereby plants
have an annual fuel consumption of 60,000 tons of coal or
14,500,000 gallons, of oil are required either to switch
to a low sulfur fuel (less than 1.5% sulfur by weight) or
curtail emission of sulfur dioxide pollution during this
period until the director determines that the stagnation
, period no longer exists.
Sec. 2. This Ordinance shall be in full force and effect immediately
after its passage, signing by the President of the Common
Codncil, approval by the Mayor and publication according to law.
/s/ George W. Carlson, President
ATTEST: /s/ Stanley Kulik, City Clerk
• APPROVED by'the Mayor on the 17th day of April, 1970.
/s/ Joseph E. Klen, Mayor
PASSED by the Common Council of the City of Hammond, Indi-
ana on the 13th day of April, 1970 presented to the Mayor
for his approval or rejection and APPROVED by the Mayor on
the 17th day of April, 1970.
/s/ Stanley Kulik, City Clerk
By: D. Komatz, Council Secretary
(9.0) Sec. 6.8 STACK EMISSION TEST METHOD. Stack emission tests shall be under-
taken by generally recognized standards or methods of measurements,
The latest of the following codes: the "A.S.M.E. Test Code for
Dust Separating Apparatus," the "A.S.M.E. Test Code for Deter-
mining Dust Concentrations in Gas Streams," and the "Los Angeles
County Source Testing Manual," or any other mutually agreeable
testing procedure shall be used.
(51.13) Sec. 6.9 OPEN BURNING.
A. No person shall dispose of refuse by open burning, or cause,
suffer, allow, or permit open burning of refuse, unless a
permit therefore has besn obtained from the Chief.
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a. Any person required by this section to secure a
Refuse-Burning Permit may apply for a continuing
permit which, when issued, shall authorize the
burning of combustible refuse during the period
covered thereby, such period not to exceed one (1)
year.
B. The open burning of refuse may be permitted when it can
be shown by a person that such open burning is absolutely
necessary and in the public interest. Any person in-
tending to engage in open burning of refuse shall file
a request to do so with the Chief. The application shall
state the following but are not limited to:
a. The name, address, and telephone number of the
person submitting the application.
b. The type of business or activity involved.
c. A description of the proposed equipment and oper-
ating practices; the type, quantity, and composi-
tion and amount of air contaminants to be released
to the atmosphere.
d. The schedule of burning operations.
e. The exact location or locations where such open
burning may be carried on.
f. The reason why no method other than open burning
can be used for disposal of the trade waste.
g. Evidence that the proposed open burning has been
approved by the Hammond Fire Department.
C. The Chief may, in his discretion, impose other reasonable
conditions necessary to prevent the creation of a nuisance.
(51.13) Sec. 6.10 PROHIBITION OF SALVAGE OPERATIONS BY OPEN BURNING. Nc person
shall conduct or cause or permit the conduct of a salvage
operation by open burning.
(50.7) Sec. 6.11 NUISANCE ABATEMENT.
A. It is unlawful for any person to permit or cause the emis-
sion of such quantities of air contaminants from whatever
source in such place or manner as to be detrimental to any
person or to the public or to endanger the health, comfort..
or safety of any person or the public, or in such manner
as to cause or have a tendency to cause injury or damage
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to property or business. Each day wherein a violation
of this section occurs shall constitute a separate offense.
Any act or emission of air contaminants from any single
or multiple source in violation or excess of the limita-
tions established in this ordinance shall be unlawful,
and may be ordered abated by the Chief. Such abatement
may be in addition to the fines and penalties herein
provided.
B. It shall be unlawful for any person to cause or permit the
handling, transportation, or disposition of any substance
or material which is likely to be scattered by the wind,
or is susceptible to being wind-borne, without taking rea-
sonable precautions or measures to minimize atmospheric
pollution. It shall be unlawful for any person to oper-
ate or maintain, or cause to be operated or maintained,
any premises, open area, right of way, storage pile of
materials, or vehicle, or construction, alteration, demo-
lition, or wrecking operation, or any other enterprise,
which involves any material or substance likely to be
scattered by the wind, or susceptible to being wind-borne,
without taking reasonable precautions or measures to mini-
mize atmospheric pollution. No person shall maintain or
conduct, or cause to be maintained or conducted, any lot
or roadway unless such lot or roadway is maintained in
such manner as to minimize atmospheric pollution. The
Chief shall co-operate with private and public agencies
in the problem of controlling wind-borne pollutants.
C. Nothing in any section of this ordinance relating to regu-
lation of emission of air contaminants shall in any manner
• be construed as authorizing or legalizing the erection or
maintenance of a nuisance.
D. Upon refusal or failure of any person to obey the order of
abatement, proceedings may be had under the Indiana Adminis-
tration Adjudication Act (Acts of the Indiana General
Assembly, 1947, Ch. 365), which Act, insofar as it is
. applicable, is made a part of this ordinance by reference.
References in said Act to the Attorney General shall be
deemed to refer to the city attorney; and to the State of
Indiana, to the City of Hammond, Indiana.
Provided, however, that in the City of Hammond, the Depart-
ment of Air Pollution Control shall be represented by the
city attorney or a special city attorney employed by the
city and the department.
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(7.0) Sec. 6.12 BREAKDOWN OF EQUIPMENT. Emissions exceeding any of the limits
established in Article VI as a direct result of upset conditions
in or breakdown of any process, fuel-burning, refuse-burning or
control equipment or related operating equipment beyond the
control of the person owning or operating such equipment shall
not be deemed to be in violation of Article VI provided that
the owner or operator immediately advises the Chief of the
circumstances and outlines a corrective program acceptable to
the Chief.
•
(2.0) Sec. 6.13 CIRCUMVENTION. No person shall build, erect, install or use
any article, machine, equipment or other contrivance, the sole
purpose of which is to dilute or conceal an emission without
resulting in a reduction in the total release of air contami-
nants to the atmosphere. Increase in stack height or construct-
ion so as to increase stack exit velocity of gases shall not
constitute a violation of this section.
ARTICLE VII
(12.0) INTERNAL COMBUSTION ENGINES . .
(12.0) Sec. 7.1 INTERNAL COMBUSTION ENGINES. No person shall operate, or cause
to be operated, upon any street, highway, public place, stream
or waterway, or private premises within the City of Hammond,
any -internal combustion engines of any motor vehicle, boat,
or other vehicle, while stationary or moving, which emits from
any source whatsoever any air contaminant for a period or periods
aggregating more than three minutes in anv one hour which is:
a. As dark or darker in shade as that designated as No. 2
on the Ringelmann Chart, as published by the United
Stated Bureau of Mines, or
b. Of such opacity as to obscure an observer's view to a
degree equal to or greater than does smoke described in
subsection (a) of this section.
(6.0) Sec. 7.2 COMPLIANCE WITH FEDERAL EMISSION STANDARDS. The Federal Clean
Air Act of 1963 (P.L. 88-206), as amended in 1965 (P.L. 89-272),
provides for control of air pollution from new motor vehicles
beginning with the 1968 model year. It shall be unlawful to
make any changes or modifications whatsoever to any such control
devices which increases the emission of air contaminants into
the atmosphere.
(15.0) Sec. 7.3 ENFORCEMENT. Enforcement of provisions of this article may be
carried out by authorized police department personnel.
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ARTICLE VIII
(2.0) CO-ORDINATION OF DEPARTMENTS
Sec. 8.1 ISSUANCE OF PERMITS. No permit for the erection, construction,
or alteration of any building, plant, or structure, related
in'1 any manner ot fuel-burning equipment, or chemical processing
equipment, shall be issued by the building commissioner or by
any department, bureau, division, officer, or employee of the
City until the Chief of the Air Pollution Control Section has
issued an installation permit covering the equipment under his
jurisdiction, to be used in the building, plant, or structure
as provided within this ordinance.
Sec. 8.2 CO-ORDINATION. It shall be the duty of the various departments,
bureaus, divisions, officers, and employees of the City, having
charge of the inspection of the premises in which such equip-
ment is located, to co-operate with the Chief to determine
that the execution of the work os authorized by said permit
shall be done in conformity with the approved plans and speci-
fications fixed by the Chief.
ARTICLE IX
/
(9.0) SAMPLING AND TESTING
Sec. 9.1 AUTHORITY TO CONDUCT TESTS.
a. The Chief is hereby authorized to conduct or cause to be
conducted, any test or tests of any new or existing pro-
cess, fuel-burning, refuse-burning, or control equipment
the operation of which, in his opinion, may result in
emissions in excess of the limitations in this ordinance
or when, in his judgment, there is evidence that emissions
from any such equipment are exceeding any emission limi-
tation prescribed in this ordinance. Upon notification
by the Chief that emission tests are considered necessary,
a person may elect to conduct such tests himself. In this
event, the person shall notify the Chief: of this decision
and of the time and date of such testing. All tests so
conducted shall be in a manner acceptable to the Chief,
and a complete detailed test report of such tests shall
be submitted to the Chief. The Chief may stipulate that
i a representative cf his office be present during the con-
duct of such tests and may stipulates reasonable time
limit for the completion of such tests.
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b. Nothing in this section concerning tests conducted by and
paid for by any person or his authorized agent shall be
deemed to abridge the rights of the Chief or his repre-
sentatives to conduct separate or additional tests of any
process, fuel-burning, refuse-burning, or control equip-
ment on behalf of the City at a reasonable time and at
the City's expense except as provided in Section 9.3 below.
Sec. 9.2 .TEST FACILITIES AND ACCESS. It shall be the responsibility of
the owner or operator of the operation tested to provide, at
his expense, reasonable and necessary openings in the system
or stack, and safe and easy access thereto, to permit techni-
cally valid samples and measurements to be taken. All new
sources of air contaminants erected after the effective date
of this ordinance may be required by the Chief to provide ade-
quate openings in the system or stack, and safe and easy access
thereto, to permit technically valid measurements and samples
to be taken. If a person refuses to supply test openings,
access scaffolding, and other pertinent facilities requested
for the purpose of conducting valid emission tests by the
Chief, the Chief shall notify such person to show cause before
the Chief on a day certain, not less than ten (10) nor more
than twenty (20) days from the date of notice, why the equip-
ment should not be sealed.
Sec. 9.3 TEST COSTS. If emission tests conducted as a result of proce-
dures outlined in Section 9.1 substantiate that a violation
exists, the person or persons liable for the violation shall
be responsible for paying all attendant costs for conducting
said tests. If said tests do not substantiate that the viola-
tion exists, then the City shall be responsible for paying
all attendant costs for conducting said tests. This latter
condition shall not obviate the owner's or operator's respon-
sibilities set forth in Section 9.2. Provided, however, if
the person liable elects to conduct his own stack emission
tests as stipulated in Section 9.1 and Section 8.1, the person
so electing shall pay for these tests irrespective of their
outcome.
ARTICLE X
(5.0) .VARIANCES
t
Sec. 10.1 VARIANCE CLAUSE. Where emission sources in existence prior
to the adoption of this ordinance do not meet the emission
limitations noted in Article VI above, then a program to meet
the emission limitations stipulated shall be developed and
offered to the Chief by the owner or seller of the equipment
causing the emission. This program shall be submitted upon
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the request of and within such times as shall be fixed by the
Chief, and after said program has been approved by the Chief,
the ownar or seller of the equipment causing the emission shall
not be in violation of this ordinance so long as said program
is observed. In evaluating such a program of improvement, the
Chief shall take into consideration the following factors:
a. Action taken to control atmospheric pollution within
emission limitations in effect prior to this ordinance.
b. Efficiency of any existing control equipment relative
to that which would be required to meet emission limita-
tions of this ordinance.
c. Temporary interim control measures intended to minimize
existing pollution levels.
d. The effect the source of emission has on ambient air
quality generally or in .the immediate vicinity of the
source.
e. The degree of control in relation to other similar faci-
lities which produce air pollution.
f. The age and prospective life of the facility in question.
Reports consisting of information required by the Chief indi-
cating the progress of these programs shall be submitted an-
nually to the Chief by the owner or seller of the equipment
causing the emission in question. If the program is not fol-
lowed, the Chief may suspend th» program and issue a violation
notice. In the event the owner or seller of the equipment
causing the emission and the Chief cannot evolve a mutually
acceptable program of improvement, the matter shall be Deferred
to the Air Pollution Control Board for resolution and deter- '
mi nation of an acceptable program, which shall be binding upon
both the owner or seller and the Chief, In making their de-
termination, the Air Pollution Control Board shall also take
into consideration the factors noted in (a) through (f) above.
Sec. 10.2 SPECIFIC VARIANCES.
A. Where the presence of uncombined water is the only reason
. for failure of an emis:icn to meet the requirements of
(a) and (b) of Section 6.1 of this ordinance, such section
shall not apply.
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(2.0) 5EALING
/
Sec. 11.1
A specific variance may be granted by the Chief, with the
approval of the Air Pollution Control Board, provided that
the requested variance has no known method of control or
abatement or, in the opinion of the Chief and the Air Pol-
lution Control Board, it is impractical.
Upon request of the Chief, an annual report on progress of
research to control emissions from processes for which a
variance was obtained under Section 10.2B shall be submitted
to the Chief and by him to the Air Pollution Control Board.
As soon as methods of control are practicable, in the opin-
ion of the Chief and the Air Pollution Control Board, such
controls shall be installed.
Existing process units which are equipped with cyclone
separators, electrostatic precipitators or other dust
collection devices or systems having ar. overall efficiency
of not less than 99 percent are considered in compliance
with Section 6.4 of this ordinance.
ARTICLE XI
SEALING. After previous notification of three or more viola-
tions of this ordinance within a 12-month period, in respect
to the emission of air contaminants, a violator shall be noti-
fied by registered mail to show cause before tha Chief within
1C days why the offending equipment shall not be sealed. The
notice shall be directed to the last address of the person to
be notified or if the person or his whereabouts is unknown,
then The notice shall be posted on or near the premises at
which the violations have occurred. If upon the hearing, at
which the violator or his agent or attorney may appear- and be
heard, the Chief finds that adequate corrective measures have
•not been taken, he shall seal the equipment until such time
as corrective measures are taken. The decision may be appealed
to the Air Pollution Control Board, and such appeal shall stay
,the sealing until the Air Pollution Control Board renders a
decision. It shall be unlawful for any person to break a seal
that has been duly affixed by the Chief or his authorized rep-
resentative unless authorized in writing by the Chief to do so.
ARTICLE XII
(15.0) RIGHT OF ENTRY
Sec. 12.1 RIGHT OF ENTRY FOR INSPECTION. Any person who in any manner
hinders, obstructs, delays, resists, prevents, or in any manner
interferes or attempts to interfere with the Chief, or his '
authorized representatives, or police officers, in the perform-
ance of any duty enjoirred, or shall refuse to permit the Chief
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or such representatives or officers to perform their duty by
refusing them or either of them, entrance at reasonable hours
to any premises in which the provisions of this ordinance are
being violated or are suspected of being violated, or refuse
to permit the inspection or examination of such premises for
•the purpose of the enforcement of this ordinance, shall be
subject to the fines and penalties hereinafter provided.
ARTICLE XIII
(14.0) CONFIDENTIALITY OF RECORDS
Sec. 13.1 CONFIDENTIALITY. Any records or other information furnished
to or obtained by the Chief or Air Pollution Control Board or
their representatives concerning one or more air contaminant
sources, which records or information relate to processes or
production unique to the owner or operator or which would tend
to affect adversely the competitive position of such owner or
operator, shall be only for the confidential use of the Chief,
the Air Pollution Control Board and their representatives, un-
less such owne^ or operator shall expressly agree to their
! publication .or availability, to the general public. Nothing
herein shall be construed to prevent the use of such records
or information by any department, agency, or officer of the
city in compiling or publishing analyses or summaries relating
to the general condition of the outdoor atmosphere; provided
that such analyses or summaries do-not identify, directly or
indirectly, any owner or operator or reveal any information
otherwise confidential under this Section.
\
ARTICLE XIV
(2.0) PERSONS LIABLE,
Sec. 14.1 PERSONS LIABLE. All persons owning, operating, or in charge
or control of any equipment or premises who shall cause, suffer,
allow, permit, or participate in any violation of this ordinance
shall be individually and collectively liable for any penalties
loosed by this ordinance. This liability shall include any
person who shall refuse to comply with or who shall assist in
the violation of any of the provisions of this ordinance.
ARTICLE XV
(15.0) PENALTIES FOR VIOLATIONS
Sec. 15.1 PENALTIES. Any person who shall violate any of the provisions
of this ordinance shall upon conviction thereof, pay a fine of
not less than ten dollars ($!0.00) nor more than three hundred
dollars ($300.00) for each violation, to which may be added
imprisonment for a term not to exceed one hundred eighty (180)
days.
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Each day's violation shall constitute a separate offense and
an unlawful emission from each chimney, smoke stack, open fire,
or other point of discharge shall also constitute a separate
offense. A separate and distinct offense shall be regarded as
committed each day on which such person shall continue or permit
any such violation to exist after notification thereof by the
Chief.
Any abatement provided for in Article VI shall be in addition
to any penalties prescribed in this Section.
ARTICLE XVI
(15.0) ALTERNATIVE PROCEDURE FOR VIOLATIONS
Sec. 16.1 VIOLATION NOTICE. If the Chief has reason to believe an emis-
sion from any source violates the provisions of Article VI
hereof, he may instead of acting under Article XV issue to the
owner or operator of the source in question a violation notice.
A. Any person who is issued a violation notice may, within
thirty (30) days from the date of receipt of said notice.
submit data to the Chief indicating reasons why he does
not believe he was in violation of Article VI. The Chief
shall review the data submitted and within fifteen (15)
days affirm or withdraw the violation notice by informing,
in writing, the person receiving said notice of the deci-
sion to affirm or withdraw. In the case where such data
is not submitted to the Chief within the 30 days stipu-
lated, the violation shall be considered still in force
and affirmed.
B. In the case of a violation of Article VI, the person cited,
within ten (10) days of receipt of the Chief's decision
to affirm the violation notice as provided for in Section
i 15.1 (or within ten (10) days of a decision of the Air
Pollution Control Board, should appeal be taken from the
Chief's decision to affirm the violation notice), may ask
that emission tests be performed to determine the extent
of emissions from the operation which is the subject of
the particulate emission violation notice. If the emission
tests indicate that the total amount of particulate matter
exceeds the maximum allowable emission standard applicable
to the operation under Article VI, the violation notice
shall be considered substantiated. If the emission tests
indicate that the total amount of particulate matter is
equal to or less than the emission standard applicable to
the operation under Article VI, tnen the violation notice
shall be considered void.
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ARTICLE XVII
(2.0) PARTY TO CLAIMS OR ACTIONS
Sec. 17.1 PARTY TO CLAIMS OR ACTIONS. All claims or actions filed by or
against the Chief or the Air Pollution Control Board shall be
brought in the name of or filed against the City of Hammond4
Indiana, a municipal corporation.
ARTICLE XVIII
(2.0) SEVERABILITY
Sec. 18.1 SEVERABILITY. In any clause, sentence, paragraph, or part of
; .this ordinance, or the application thereof to any person, firm,
corporation, or circumstances, shall for any reason be adjudged
by a court of competent jurisdiction to be unconstitutional or
invalid, said judgment shall not affect, impair, or invalidate
the remainder of this ordinance, and the application of such
provision to other persons, firms, corporations, or circum-
stances, but shall be confined in its operation to the clause,
sentence, paragraph, or part thereof directly involved in the
controversy in which such judgment shall have been rendered
and to the person, firm, corporation, or circumstances involved.
It is hereby declared to be the legislative intent of this body
that this ordinance would have beer adopted had such invalid
provisions not been included.
ARTICLE XIX
(2.0) REPEAL CLAUSE
Sec. 19.1 REPEAL CLAUSE. All laws heretofore passed by the Common Council
of the City of Hammond dealing with the problem of air po-llution,
and specifically including Ordinance 2183 entitled "Smoke,"
'(19.201 to 19-202), are hereby repealed.
ARTICLE XX
(2.0) This ordinance shall be in full force and effect from and after
its passage, signing by the President cf the Common Council,
approval by the Mayor and publication according to lav.
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TABLE I
Allowable Rate of Emission Based on Process Weight Rate
(a)
1 PROCESS WEIGHT RATE
Lb./Hr. Tons/Hr.
1
100
200
400
600
800
,000
,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
16,000
18', 000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
400,000
0.05
0.10
0.20
0.30
0.40
0.50
0.75
.00
.25
.50
1
1
1,
1.
2.
2,
50
3.00
3,
4,
4,
5,
6,
50
00
50
00
00
8.00
9.00
10.00
15.00
20.00
25.00
30.00
35.00
40.00
45.00
50.00
60.00
70.00
80.00
100.OG
200.00
RATE OF EMISSION
Lb./Hr.
0.551
0.877
,400
.830
.220
.580
,380
,100
.760
.380
.960
.520
,580
1
1
2,
2,
3.
4,
4.
5.
5,
6,
7
8.560
9.490
10.400
11.200
12.000
13.6
16
17
19
25
30
35.4
40.0
41.3
42.5
43.6
.6
.3
•44.
46,
47.8
49.0
51.2
58.8
(a)
Interpolation of the data in this table for process weight rates
up to 50,000 Ib./hr. shall be accomplished by use of the equation
E equals 4.10 P°-67, and interpolation and extrapolation of the
data for process weight rates in excess of 60,000 Ib./hr.„shall
be accomplished by use of the equation E equalL 55.0 P 0-''-40,
where E equals rate of errission in Ib./hr. and P equals process
weight in tons/hr.
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INDIANAPOLIS AIR POLLUTION
CONTROL BOARD
RULES, REGULATIONS & STANDARDS
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(1.0)
(2.0)
(2.0)
(1.0)
ARTICLE 1 - SCOPE AND DEFINITIONS
Section 1,2. SCOPE. In order to achieve and maintain such a reasonable
degree of purity of the air in and above the City of Indi-
anapolis and its immediately surrounding territory as shall
be consistent with maximum employment and full industrial
development, and as shall be technically feasible, econo-
mically reasonable and necessary for the protection of the
normal health, the general welfare, the property and the
people of Indianapolis and its immediately surrounding
territory, there is established within the Executive De-
partment as herein provided a Bureau of Air Pollution Con-
trol administered by a Director and an Air Pollution Con-
trol Board with provisions for:
(a) Registration of Air Pollution sources.
(b) Making and enforcement of r;jles and regulationst
(c) Issuance of permits for the installation, construct-
ion, addition or alteration of process, fuel-burn-
ing, refuse-burning or contro^ equipment pertaining
thereto which may be:a source of air contaminant,
and establishing fees therefor.
(d) Inspections and tests of process, fuel-burning,
refuse-burning, and control equipment pertaining
thereto.
(e) Issuance of certificates of operation.
(f) Prohibition of certain acts causing air pollution.
, (g) Fines and penalties for violations.
Section 1.3. DEFINITION OF TERMS.
' (1) AIR CONTAMINANT - Particulate matter, dust, fumes,
gas, mist, odors, smoke, soot or vapor, or any
combination thereof, also radio-active substances.
(2) AIR CONTAMINANT SOURCE - Any and all sources of
emission of air contaminants, whether privately or
publicly owned or operated.
(3) AIR POLLUTION - P 'esence in the outdoor atmosphere
or ambient air of one or more air contaminants in
sufficient quantities and of such characteristics
and duration as to be injurious to human, plant or
animal life or to property, or which unreasonably
interfere with the comfortable enjoyment of life
and property.
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(4) AMBIENT AIR - Any surrounding air.
,(5) ASME - The American Society of Mechanical Engineers.
(6) ASTM - The American Society for Testing and Materials.
(7) AICHE - American Institute of Chemical Engineers.
(8) ATMOSPHERE - The air that envelops or surrounds the
earth.
(9) BOARD - The Indianapolis Air Pollution Control Board.
(10) BTU - (British Thermal Unit) The quantity of heat
required to raise one pound of water from 59° to 60° F.
('11) BUREAU - Bureau of Air Pollution Control.
(12) CHIMNEY OR STACK - Any conduit, duct, vent, flue, or
opening of any kind whatsoever, arranged to conduct
any product, such as particulate, gaseous, or effluent
emissions, into the open air or atmosphere.
(13) COMBUSTION FOR INDIRECT HEATING - The combustion of
fuel to produce usable heat that is to be transferred
through'-a heat-conducting material barrier or by a
heat storage medium to a materia" to be heated so
that the material being heated is not contacted by,
and adds no substance to the products of combustion.
(14) DIRECTOR - Director of the Indianapolis Bureau of
Air Pollution Control.
(15) DOMESTIC HEATING PLANT - A device generating heat for
a single family residence, or for any structure de-
signed and used exclusively as a dwelling for three
families or less. Without limiting the generalities
of the foregoing, this tern also includes hot water
heaters, stoves, and space heaters used in connection
with the foregoing establishments.
(16) DOMESTIC REFUSE-BURNING EQUIPMENT - Any refuse-burn-
ing equipment or incinerators used for a single
family residence, or with any structure designed and
used exclusively as a dwelling for three families
or less.
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(17) DUST - Solid participate matter released into, or
carried in, the atmosphere by natural forces or by
any fuel-burning, combustion, or process equipment
or device, or by construction work, or by manual,
mechanical or industrial processes, including but
not restricted to crushing, grinding, milling* drilling,
demolishing, shoveling, sweeping, bagging, covering,
conveying, transferring, transporting, and the like.
(18) DUST SEPARATING EQUIPMENT - Any device for separating
dust from the gaseous medium in which it is carried.
(19) EQUIPMENT -
(A) EXISTING - Things, such as machines, devices,
articles, contrivances, cr installations which
are in being and have not been abandoned as
further defined herein on the effective date of
this ordinance or actual construction was law-
fully begun or dasign was more than 50% completed
prior to such effective date, except that any
such existing equipment, machine, device, article,
contrivance, or installation which subsequent to
the effective date of this ordinance, is altered,
repaired or rebuilt at a cost of 30% or more of
its replacement cost, shall be deemed to be new
as defined in this ordinance, and except that
the cost of air pollution ccntrol equipment and
the cost of its installation on existing equip-
ment is not to be construed as a cost of alter-
ing, repairing or rebuilding such existing equip-
ment. For the purpose of this ordinance aban-
don shall mean the cessation of the use of equip-
ment, machine, devices, articles, contrivances or
installation for a period in excess of one .year
prior to the enactment of this ordinance.
(B) NEW - Any equipment, the design of which is less
than 50% completed on the effective date of these
regulations. If any existing equipment is to be
altered at 2 cost of 30% or more of its replace-
ment cost, it shall be considered new equipment.
Any equipment which is altered or modified such
that the amount of air contaminant emissions is
materially increased shall be considered new
equipment. The cost of air pollution control
equipment and the cost of its installation on
existing equipment is not to be considered as a
cost of altering, repairing or rebuilding such
existing equipment.
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(20) FLAMMABLE MATERIAL - Material that will ignite and
burn. Such materials shall be considered as flam-
mable even though flame-proofed, fire retardant
treated, or plastered.
(21) FLY ASH - Particulate matter capable of being gas-
borne or air-borne. Consisting essentially of fused
ash and/or burned or unburned material resulting from
combustion of fuel or refuse.
(22) FUEL-BURNING OR COMBUSTION EQUIPMENT - Any furnace,
incinerator, boiler, fuel or refuse-burning equipment,
device, contrivance, and apparatus that is used for
the burning of fuel or other combustible material, or
used in connection with any process which generates
heat and emits products of combustion; and shall in-
clude methods or forms of manufacturing, chemical,
metallurgical or mechanical processing which emits
smoke, particulate, gas or other matter. The above
shall include all appurtenances thereto including
ducts, breeching, control equipment, fly ash or dust
collector, electric precipitator, smoke arresting or
prevention equipment, fuel or ash handling equipment,
stacks and chimneys.
(23) FUMES - Gases or vapors that are of such character as
to cause air pollution.
(24) FURNACE - An enclosed space provided for the ignition
and/or combustion of fuel.
(25) GASOLINE - A petroleum distillate having e Reid vapor
pressure of 4 pounds or over.
(26) IIA - Incinerator Institute of America.
(27) INCINERATOR - Combustion apparatus designed fo^ high
temperature operation in which solid, semi-solid,
liquid, or gaseous combustible wastes are ignited and
burned efficiently., and from which the solid residues
contained little or no combustible material.
(28) INCINERATOR - MULTICHAMBER - Any refuse-burning equip-
ment consisting of two or more combustion chambers
in se'.-ies.
(29) INDIANAPOLIS AREA - The City itself and ten miles
its corporate boundaries in all directions in Marion
County.
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(.30) INDIRECT HEAT EXCHANGER - Any apparatus or device
that transfers usable heat through a heat conducting
material barrier or by a heat storage medium to a
material to be heated so that the material being
heated is not contacted by, and adds no substance to,
the heat carrying medium.
(31) INTERNAL COMBUSTION ENGINE - Any engine in which the
combustion of gaseous, liquid, or pulverized solid
fuel take place within one or more chambers.
(32) MIST - A suspension of any finely divided liquid in
any gas or atmosphere.
(33) OBJECTIONABLE ODOR - An odor shall be deemed object-
ionable when at least 50 percent of a random selected
group of not less than 20 people.. 75 percent of whom
reside or work in the area affected and 25 percent
from the general public living or working outside the
affected area and not associated with the problem,
deem the odor to be objectionable.
(34) ODOR - A substance which affects the sense of smell.
(35) OPEN BURNING OR OPEN FIRE - Any burning of combustible
materials wherein the products of combustion are emitted
directly into the open air without passing through a
stack or chimney.
(36) PARTICULATE MATTER - Any material except uncombined
water, that exists in a finely divided form as a liquid
or solid at standard conditions, or is suspended in or
discharged to the atmosphere.
(37) PERSON - Any individual, partnership, co-partnership,
firm, company, corporation, association, joint stock
company, trust, estate, or any legal entity, or their
legal representatives, agents, or assigns.
(38) PROCESS - Any action, operation, or treatment embracing
chemical, industrial or manufacturing facts, such as,
but not limited to, heat treating furnaces, by-product
coke plants, cupolas, heating and reheating furnaces,
electric steel furnaces, ferrous and nonferrous foundries,
asphalt concrete mix plants, cement plants, and equip-
ment used in connection therewith, and all other methods
or forms of manufacturing or processing that emit smoke,
particulate matter or gaseous matter in excess of the
minimum quantities established by this ordinance or the
rules and regulations issued pursuant to this ordinance.
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(39) PROCESS WEIGHT - The total weight of all materials
introduced into any source of operation. Solid fuels
charged will be considered as part of the process
weight, but liquid and gaseous fuels and combustion
air will not.
(40) PROCESS WEIGHT RATE -
(a) For continuous or long run steady-rate source
operation, the total process weight for the entire
period of continuous operation or for a typical
portion thereof, divided by the number of hours
of such period or portion thereof.
(b) For a cyclical, or batch source operations, the
total process weight for a period that covers a
complete operation or an integral number of cycles,
divided by the hours of actual process operation
during such a period.
(c) 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 definition,
the interpretation that results in the minimum
value for allowable emission shall apply.
(41) REFUSE - Includes garbage, rubbish, trade waste, and
trash.
(4?) REFUSE-BURNING EQUIPMENT - Any equipment, device, or
contrivance used for the destruction of refuse and ;
other waste by burning and all appurtenances thereto.
(43) RINGELMANN CHART - The chart published and described
in the U.S. Bureau of Mines Information Circular 8333
which shall include later current circulars and charts,
and which are illustrated graduated shades of gray to
black for use in estimating the light obscuring powers
of smoke.
(44) RINGELMANN NUMBER - The number appearing on the Rin-
gelmann chart describing the density of smoke emission.
Where the density of smoke as observed falls between
two consecutive Ringelmann numbers, the low Ringelmann
number shall be considered the density of the smoke
observed.
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(45) SMOKE - Small gas-borne particles resulting from
incomplete combustion, consisting predominately,
but not exclusively, of carbon, ash, and other
combustible material, that form a visible plume
in the air.
(46) SMOKE MONITOR - Device using light source and a
light detector which can automatically measure and
record the light obscuring power of smoke at a spe-
cific location in the flue or stack of a source.
Measuring and recording to be at intervals of not
less than 15 seconds.
(47) SOURCE OPERATION - The last operation preceding the
emission of an air contaminant, which operation:
(a) results in the separation of the air contaminant
from the process materials or in the conversion of
the process materials into air contaminants, as in
the case of combustion of fuel, and (b) is not an
air pollutant abatement operation.
(48) STANDARD CONDITIONS - A gas temperature of 70° Fahren-
heit and a gas pressure of 14.7 pounds per square
inch absolute (psia).
(49) STANDARD CUBIC FOOT(SCF) - The standard cubic foot
is a measure of a volume of gas under standard con-
ditions.
(50). SUPERINTENDENT - Superintendent of Air Pollution
Control.
(51) TRADE WASTES - All solids, liquids or vapors resulting
from construction, 'iand clearing of plant life other
than annual crops grown on the premises in the course
of agricultural operations, building operations, or
the prosecution of any business, trade, or industry,
including, but not by way of limitation, plastic or
i rubber products, chemicals, cinders, fly ash, trees,
brush, and other forms of solid or liquid waste
material.
(2.0) ' ARTICLE 2'- ADMINISTRATION BY BUREAU
Section 2.1. AREA COVERED. The City of Indianapolis and that area within
Marion County ten miles from the corporate boundaries of the
City shall constitute the jurisdictional area of this ordi-
nance.
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Section 2.2. BUREAU OF AIR POLLUTION CONTROL. The administration and
enforcement of the ordinance shall be by a Bureau of Air
Pollution Control established within the Executive Depart-
ment. The Executive Department shall administer this
ordinance through the Bureau of Air Pollution Control.
The Bureau shall be headed by a Director and there shall
also be provided a Board of Air Pollution Control, all to
be appointed by and serve at the pleasure of the Mayor.
the Director, before being appointed by the Mayor, must
be recommended by the Board.
Section 2.3.
DIRECTOR. BUREAU OF AIR POLLUTION CONTROL. The Director
shall be appointed by the Mayor upon recommendation of
the Board and serve at the pleasure of the Mayor as the
full-time administrative head of the Bureau of Air Pollution.
Section 2.4. QUALIFICATIONS OF THE DIRECTOR. The Director shall be either
a graduate engineer, a graduate industrial hygienist or a
doctor of medicine, having experience in ai> pollution con-
trol or air pollution abatement, and having proven executive
administrative, and personnel relations experience.
GENERAL DUTIES OF THE DIRECTOR
The Director shall :
(a) Direct and administer the activities of the Bureau
(b) Make rules and regulations pertaining to the administration of the
Bureau of Air Pollution Control subject to the approval of the Air
Pollution Control Board;
(c) Recommend to the Air Pollution Control Board proposals for additions
or revisions to the Regulations or Ordinance;
(d) Receive and institute complaints;
(e) Prepare the Annual Budget subject to the approval cf the Air Pollution
Control Board;
(f) Institute enforcement actions necessary to insure compliance with the
prevention and abatement sections as may be provided for in the ordi-
nance;
(g) Be ^esponsible for the preparation and execution of public relations
plans and educational plans for securing the co-operation of the
public in the reduction of air pollution;
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(h) Co-operate with Federal, State, County and other agencies concerned
with air pollution with regard to studies, abatement programs,
public complaints and like matters.
(i) Serve as Secretary to the Air Pollution Control Board without vote
or membership.
Section 2.5. INDIANAPOLIS AIR POLLUTION CONTROL BOARD. A Board shall be
appointed by the Mayor and serve at the pleasure of the Mayor.
MEMBERSHIP - The membership of the Board shall be made up of:
(a) A registered professional engineer in the State of Indiana, having
experience in the field of air pollution.
(b) A licensed physician in the State of Indiana having experience in
toxicology.
(c) An attorney, admitted to the Ear in the State of Indiana.
(d) A member experienced in solid waste disposal.
(e) A member experienced in fuel technology and combustion'.
/
(f) A member experienced in process manufacturing.
(g) A member representing industry.
(h) A member representing labor.
(i) A member representing the public at large.
TERM OF APPOINTMENT. The terms of the appointed members shall be four
years except that, of the initially appointed members, two shall serve
for one year; two shall serve for two years; two shall serve for three
years; and three shall serve for four years. Whenever a vacancy occurs,
the Mayor shall appoint a member for the remaining portion of the unex-
pired term created by the vacancy.
POWERS AND DUTIES OF THE BOARD
The Board shall:
(a) After thorough study and investigation, prepare and develop a
comprehensive, effective, and continuing program for the pre-
vention, abatement and control of air contaminants within the
area, by:
(1) Setting air quality objectives.
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(2) Determining need for specific controls to achieve and main-
tain the air quality objectives.
(3) Making and amending rules and regulations and setting standards
based on the need, technical feasibility, and economic prac-
ticability.
(b) Secure necessary scientific, technical, administrative, and oper-
ational assistance by contract or otherwise;
(c) Institute investigations, consider complaints, listen to and decide
on appeals, grant or deny variances, hold hearings, issue orders,
and authorize and direct appropriate enforcement action, permitted
by law and deemed necessary, to achieve compliance with the rules
and regulations pursuant to the ordinance, taking into consideration:
(1) The character and degree of injury or interference with com-
fort, safety, health, or the reasonable use or enjoyment of
the property;
(2) The social and economic value of the activity causing the
emissions, and
(3) The practicability, both scientific and economic, of reducing
or eliminating the emissions resulting from such activity.
(d) Adopt, amend and repeal as necessary standards, rules and regulations
under this ordinance which shall be incorporated hereunder apd inade
a part hereof and violations of which shall be violations of this
ordinance.
(e) Maintain a register of violators.
(f) List variances and compliance deadline.
(g) Exclude small sources of air contamination by establishing practical
minimum quantities of each air contaminant below which neither
control nor registration of the source of emission will be required.
CHAIRMAN. The Chairman and Vice Chairman of the Board shall be elected
by the Board members, and be members of the Board, and shall serve for
one year.
COMPENSATION. The members of the Board shall serve without compensation.
VOTING. A quorum shall consist of five members. A majority of the entire
board shall .decide all votes on rules and regulations or changes thereto.
All other votes sha.ll be decided by a majority vote of those present.
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FREQUENCY OF MEETINGS. The Board shall meet at least once each month,
and more often if deemed necessary by the Chairman, or two (2) members
of the Board. ,A11 members must be notified of all meetings.
Section 2.6. SUPERINTENDENT OF AIR POLLUTION CONTROL. The Superinten-
dent of Air Pollution Control shall be appointed by the
Director of the Air Pollution Bureau with the approval of
the Air Pollution Control Board.
A. QUALIFICATIONS OF THE SUPERINTENDENT. The Superintendent shall be
qualified by technical training; and shall have at least six year's
total experience in the theory and practice of construction and/or
operation of combustion devices, in the theory and practice of air
pollution control equipment, or in the practice of air pollution
abatement.
GENERAL DUTIES OF THE SUPERINTENDENT
The Superintendent shall:
(1) Report to and be responsible to the Director.
(2) Advise the Director of violations.
/
(3) Issue permits, certificates, and notices as may be provided *or in
the ordinance.
(4) Administer and supervise the ?ctivities of the technical brand, as
follows:
(a) Establish and supervise the maintenance of an effective air
sampling network and associated laboratory facilities so as
to keep the Air Pollution Control Board and other interested
•agencies advised of:
(1) Gensral ambient air conditions.
(2)' Adverse localized conditions.
(3) Need for adjustment in emission control standards.
I
(b) Make inspections and tests of existing and newly installed
air pollution abatement devices.
(c) Investigate complaints.
Section 2.7. CHIEF CHEMIST - The Chief Chemist shall be employed by the
Superintendent of Air Pollution Control with the approve!
of the Director of the'A-'r Pollution Bureau.
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A. QUALIFICATIONS OF THE CHIEF CHEMIST - He shall be a graduate chemist
with experience in air quality determination.
GENERAL DUTIES OF THE CHIEF CHEMIST
(a) He shall report directly to the Superintendentk
(b) He shall be responsible for all chemical determinations on air
quality.
(c) ' He shall be responsible for all air quality sampling and testing
equipment, and the maintenance of same.
Section 2.8. CHIEF INSPECTOR - The Chief Inspector shall be appointed by
the Superintendent with the approval of the Director of the
Air Pollution Bureau and shall report to the Superintendent.
A. QUALIFICATIONS OF THE CHIEF INSPECTOR. He shall be qualified by
technical training; and shall have at least four year's total experi-
ence in the theory and practice of construction and operation of
combustion devices, in the theory and practice of air pollution
control equipment, or in the practice of air pollution abatement.
Section 2.9. ADMINISTRATIVE ASSISTANT - The Administrative Assistant shall
be appointed by the Director of the Air Pollution Bureau.
A. QUALIFICATIONS OF THE ADMINISTRATIVE ASSISTANT. He shall be know-
ledgeable in administrative and secretarial procedures.
Section 2.10. PLANS AND SPECIFICATION TECHNICIAN - Plans and Sepcification
Technician!s) shall be appointed by the Superintendent of
Air Pollution Control with the approval of the Director of
the Air Pollution Department.
A. QUALIFICATIONS OF THE^PLANS AND SPECIFICATIONS TECHNICIAN. He shall
be qualified by technical training or shall be experienced with com-
bustion devices, air pollution control equipment, and plans and
specifications study.
Section 2.11. TECHNICAL ASSISTANT TO CHIEF CHEMIST - Technical Assistant(s)
• to the Chief Chemist shall be appointed by the Superintendent
. c-f Air Pollution Control with the approval of the Director of
the Air Pollution Bureau,
A. QUALIFICATIONS OF THE TECHNICAL ASSISTANT TO THE CHIEF CHEMIST. He
shall be qualified by technical training or shall be experienced with
air quality testing and air quality sampling equipment.
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Section 2.121 INSTRUMENT REPAIR TECHNICIAN - Instrument Repair Technician(s)
shall be appointed by the Superintendent of Air Pollution
with the approval of the Director of the Air Pollution Bureau.
A. QUALIFICATIONS OF THE INSTRUMENT REPAIR TECHNICIAN. He shall be
qualified by technical training or experience with air quality
sampling or similar equipment maintenance and repair.
Section 2.13. AIR POLLUTION INSPECTORS - The Air Pollution Inspectors shall
i be appointed by the Superintendent of Air Pollution Control
with the approval of the Director of the Air Pollution Bureau.
A. QUALIFICATIONS OF THE AIR POLLUTION INSPECTORS. The Inspectors shall
be qualified by technical training or shall be experienced with com-
bustion devices, air pollution control equipment, air pollution abate-
ment enforcement.
(2.0)
(5.0) ARTICLE 3 - PROMULGATION OF RULES AND REGULATIONS. RIGHT OF APfjAI,
(15.0) VARIANCES. AND ENFORCEMENT
(2.0) Section 3.1. RULES AND REGULATIONS - Before any rule or regulation -jr
standard is adopted by the Board, ss prescribed per Article
2.5 Powers and Duties of the Board, they shall cause a notice
to be published in a newspaper of general circulation printed
and published in Marion County, Indiana, at least ten (10)
days prior to the date set for a hearing. Such notice shall
include a statement of the time and place of said hearing, a
reference to the subject matter of the proposed rule(s) or
regulation(s) and reference to the fact that a copy cf such
proposed rule(s) or regulation(s) is on f-;le at the office
of the Bureau of Air Pollution Control where it may be
examined, provided, however, that no rule(s) or regulations)
• shall be invalid because the reference to the subject matcer
thereof in said notice may be inadequate or insufficient.
At least five (5) copies of said proposed rule(s) or regu-
lation^) shall be on file in the office of the Bureau of
Air Pollution Control from the date of publication of said
notice continuously to the time of such hearing, and any
interested persons shall be given an adequate opportunity to
examine a copy of said proposed rule(s) or regulation(s).
On the date set for hearing any interested party shall be
afforded an adequate opportunity to participate in the for-
mulation of the proposed rule(s) or regulations) through
the presentation of facts or argument or the submission of
written data or facts. All relevant matters presented shall
be given full consideration by the Board.
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In case the Board desires to repeal, rescind or amend any
rule(s) or regulation(s) the same procedures shall be fol-
lowed as is provided in the preceding paragraph for the
adoption of rule(s) or regulation(s).
(16.0) Section 3.2. HEARINGS. All hearings conducted by tha Air Pollution
Control Board shall be open to the public. Any person may
appear and testify at a hearing, either in person or by a
. duly authorized representative or attorney.
The Air Pollution Control Board shall keep minutes of its
proceedings showing the vote of each member upon each ques-
tion, or if he is absent or failing to vote, indicating such
fact and shall also keep records of its hearings and other
official actions.
At the conclusion of such public hearing the Board may adopt
such rules and regulations or may provide for continuation
of such hearing as the Board may deem appropriate, which
further hearing may be held without requirement of publica-
tion of notice. There shall be published a notice once each
week for two (2) consecutive weeks after each Board meeting
at which rules or regulations were adopted that the Bureau
of Air Pollution Control has adopted certain rules and regu-
lations, giving the number of the same and the general title
thereof and stating that copies thereof are available for
examination in the office of the Bureau of Air Pollution
Control and in the office cf the City Clerk.
After complying with requirements .for publication, such rules
and regulations shall become effective as adopted by the Board,
(2.0) Section 3.3. APPEALS. Any person may take an appeal to the Board i1:
(1) They are taking exception to and affected by any final
decision, ruling, requirement, rule or order of the
Director or Superintendent.
(2) They make a request to the Director or Superintendent
and he fails to act upon the request within ten (10)
days.
Such appeal shall be taken within fifteen (15) days by filing
with the Director or the Superintendent a notice of appeal
directed to the Board specifying the ground thereof and the
relief desired. Such an apoeal shall act as a stay of ths
decision, ruling, requirement, rule or order in question
until the Board has taken final action on the appeal. A
fee of $25.00 shall be posted by the Appellant, at the time
•of filing of the appeal to cover the costs of the hearing
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and this shall be refunded only if the appeal is sustained.
' The Director or Superintendent whose action or failure to
act is the subject of the appeal shall forthwith furnish to
the Board his information relating to the case. The Board
shall not less than ten (10) days after the date of filing
of the appeal set a date for the hearing and shall give
notice thereof by mail to the interested parties. The Board
may at its discretion grant a continuance.
At the hearing any party may appear in person or by agent or
attorney and present evidence both written and oral pertinent
to the questions and issues involved and may examine and
cross-examine witnesses. The Board after the hearing shall
examine and affirm, modify or reverse the decision, ruling,
requirement, rule, or order of the Director or Superintendent
or order him to act. The decision cf the Board shall be
binding on the Director or Superintendent and Appellant
unless reversed by a court of competent jurisdiction,
(5.0) Section 3.4. VARIANCE. In the event that the Board shall find that the
compliance by a particular person with the provisions of this
ordinance or of rules and regulations adocted by the Board
pursuant to this ordinance would result:
/
(1) in an arbitrary and unreasonable taking of property, or
(2) in a practical closing and elimination of any lawful
business, occupation or activity, or
i
(3) in an undue hardship upon any person
without a sufficient corresponding benefit or advantage to
the public in the reduction of air contamination, the Board
shall prescribe other and different requirements, not more
burdensome than the requirements of this ordinance or of
'the general rules and regulations adopted pursuant to this
ordinance, applicable to plants and equipment operated by
such person; provided, however, that no such variance .nay
permit or authorize the maintenance of a nuisance.
Such varinace shall be granted only after a public hearing,
notice of which shall be published in the same manner as
notice shall be given before promulgation by the Board of
any rules or regulations, Section 3.1 cf this Article. In
addition, the person requesting such variance shall - not
less than fifteen (15) days prior to the date of such hear-
ing - either deliver personally or by registered or certified
mail to the owner of all real estate located within 600 fset
, of the plant or equipment for which such variance is sought
(as the names of such owners shall appear on the latest
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bound records of the appropriate township assessors), a
' notice setting forth the name of the petitioner, the time
and place of the hearing and a general description of the
plant or equipment for which variance is sought and the
• nature of the variance sought. Any variance so given shall
be subject to such limitations as to time* and to such other
conditions or limitations, as the Board may prescribe at the
time of giving such variance. Any Variance so given may be
revoked or modified by the Board by written order, after a
public hearing, notice of which shall be published in the
, same manner as notice shall be given before promulgation by
the Board of any rules or regulations, held not more than
ten (10) days after written notice of said hearing and its
purpose shall have been served on the person or persons
who will be subjected to greater restrictions if such order
is revoked or modified as proposed, and upon all other
persons who appear before the Board at the time of granting
of such variance or who have filed with the Board a written
request for such notification.
(15.0) Section 3.5. ENFORCEMENT PROCEDURES. The Director and the Superintendent
of the Bureau shall be in charge of the enforcement of this
ordinance and the enforcement of the rules and regulations
adopted thereunder. Where a violation OCCLTS the Director
or Superintendent shall cite in writing any violator of this
ordinance or any rules or regulations adopted thereun<1e* .
including the time allowed for compliance*
The Bureau may take such appropriate action as it
deems necessary to remedy any air pollution caused
by the person, firm or corporation cited for a vio-
lation including the extension of time in which to
.correct defects and a direct order to comply with
the ordinance or the rules and regulations adopted
thereunder.
Upon failure to achieve final compliance within the
time stipulated the Director may forward a notice
of violation to the City Prosecutor (with a copy to
the violator) who shall file a complaint ordinance
violation against such person, firm, corporation or
organization not in compliance. The City Prosecutor
shall thereupon prosecute such case in the Municipal
Court of Marion County.
The Director may instead direct the Department of Law
of the City of Indianapolis to enjoin any nuisance or
any health hazard or other air pollution condition by
appropriate action to enjoin or restrain the same ir.
the civil courts as the City may be authorized to
accomplish the abatement of nuisances under existing
law,
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(15.0) Section 3.6. OBSTRUCTION OF ENFORCEMENT. Any person who shall fail to
submit plans, or reports, or refuse to comply with, or who
shall assist in the violation of any of the provisions of
this article, or who, in any manner, hinders, obstructs,
delays, resists, prevents or in any way interferes or
attempts to interfere with the Superintendent of Air Pollution,
cr Air Pollution Control Inspectors, or police officers, in
the performance of any duty herein prescribed, or shall
refuse to permit such inspectors, or officers, to perform
their duty by refusing them, or any of them, entrance at rea-
sonable hours to any premises in which the provisions hereof
are being violated, or refuse to permit the inspection, or
examination, of such building, establishment, premises, or
enclosures, for the purpose of enforcement of this title,
shall be subject to the fines and penalties provided in the
penalty section of this ordinance.
ARTICLE 4 -
(3.0) Section 4.1. REGISTRATION OF AIR POLLUTION SOURCES. To bring about such
compliance in an orderly and systematic manner, the Bureau
of Air Pollution Control shall maintain a registration of
air pollution sources emitting contaminants in excess of the
minimums established by the rules and regulations, and it
shall acquire and take over from the prior Air Pollution
Control Bureau all existing records in this regard, and shall
continue the same, and maintain such register on a current
and continuing basis.
(15.0) Section 4.2. SPECIAL POWERS OF BUREAU. The Bureau of Air Pollution Con-
trol is hereby authorized to acquire and to use all necessary
equipment, devices, methods and systems to treasure the quality
of the ambient air in the control area, and to ke°p records,
end charts, data and statistics and to conduct tests, make
inspections, and do all that is necessary to control the
purity of the Indianapolis area atmosphere.
(2.0) ARTICLE 5 - EXISTING EQUIPMENT
(3.0) Section 5.1 CERTIFICATE OF OPERATION. The owner of, or person responsible
for maintenance of, any existing process, fuel-burning, refuse-
burning, or control equipment which is a source of air con-
taminants of the type coverad by this ordinance and rules and
regulations and which emits such contaminants in amounts in
excess of the minimums provided in such rules and regulations,
shall file with the Bureau a report setting forth, (1) the
nature and quantity of the air contaminant produced, and
(2) a description of any devices designed to control the
emission of such contaminants into the atmosphere. Upon
receipt of such report and payment of the required fee, the
Superintendent shall, if he is satisfied that such process,
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fuel-burning, refuse-burning, and control equipment does
not allow the emission into the atmosphere of air contam-
inants in excess of the maximums provided in this ordinance
or the rules and regulations issued thereunder issue to
such person a certificate of operation for such process,
fuel-burning, refuse-burning, and control equipment. Such
certificate of operation may be renewed on the third anni-
versary and every three (3) years thereafter, so long as
such equipment remains in satisfactory operation. Invoice
for renewal of certificate of operation shall be submitted
to the owner of record by the Bureau. If the Director shall
find that such process, fuel-burning, refuse-burning, or
control equipment results in the emission into the atmosphere
of air contaminants in excess of the maximum amounts pro-
vided in this ordinance and the rules and regulations issued
thereunder, then the Director shall order the applicant to
submit a program for bringing such process, fuel-burning,
refuse-burning, or control equipment in compliance with this
ordinance in accordance with Section 5.2.
(6.0) Section 5.2. PROGRAM FOR COMPLIANCE. Where emission sources in existence
prior to adoption of the ordinance do not meet the emission
limitations set in the Ru"!es and Regulations *hen a program
to meet the requirements stipulated in the Ru"!as and Regu-
i lations shell be developed and offered to the Director by
the owner of the equipment causing the emission. In evalu-
ating such program, the owner and Director shall take into
consideration the following factors:
(1) Action taken to control atmospheric pollution within
emission limitations in effect prior to his regulation.
,(2) Efficiency of any existing control equipment relative
to that which would be required to meet emission limi-
tations of this regulation.
(3) Temporary interim control measures intended to mini-
mize existing pollution levels,
-; (4) The effect the source of emission has on air pollution
generally or in the immediate vicinity of the source.
(5) The degree of control in relation to other similar
facilities which produce air pollution.
(6) The age and prospective life of the facility in question.
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This program shall be submitted upon the order of the
' Director within such time limit as shall be reasonably
determined, but not more than ninety (90) days after such
order. Such program shall include an estimate of time
required to be completed, which shall not exceed three
(3) years after the date of approval of the program by the
Director. After said program has been approved by the
Director, the owner of the equipment causing the emission
shall not be in violation of this ordinance so long as said
program is observed and reports indicating the progress of
said program submitted semi-annually to the Director by the
owner of the equipment causing the emission in question. If
progress of the program is not maintained in accordance with
provisions of the program, the Director may suspend the pro-
gram and issue a violation notice. In event the owner of
the equipment causing the emission and the Director cannot
evolve a mutually acceptable program, or if the program can-
not be completed within three (3) years after approval by
the Director, the matter shall be referred to the Board for
resolution and determination, after a hearing at which the
Director and the owner of the equipment causing the emission
shall have an opportunity to present facts and arguments, of
an acceptable program, which shall be binding upon both the
owners and the Director. In making their determination, the
.Board shall also take into consideration the factors noted
in paragraph (1) through (6) of this sect-ton. When the
program has resulted in the equipment complying with the
ordinance and rules and regulations, t!?e Director shall
issue a certificate of operation which shall be renewed as
provided in Section 5.1. I
(2.0) ARTICLE 6 - TIEVI EQUIPMENT AND ALTERATION OF EXISTING EQUIPMENT
(3.0)
Section 6.1
INSTALLATION PERMIT. No person shall construct or install
any process, fuel-burning, refuse-burning, or control equip-
ment pertaining thereto, which will be a source of air con-
taminant of this type covered by, and. in excess of the mini-
mum set forth in, this ordinance and the rules and regula-
tions thereunder, or reconstruct or alter any such process,
fuel-burning, refuse-burning, or control equipment in such
way as to change the nature, or increase the amount, of any
such air contaminant produced thereby, or to effect any change
in the equipment designed to control such air contaminant,
until an application in duplicate shall be filed with the
Bureau setting forth (1) the nature and quantity of the air
'contaminant product, (2) and two sets of properly prepared
plans and specifications of the air contaminant control
equipment used in connection therewith, and other such data
as the Superintendent may reasonably require to evaluate the
amount of such contaminants which may enter the atmosphere.
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An application shall be acted on within thirty (30) calen-
dar days after it is filed in the office of the Bureau.
The Superintendent shall notify the person applying for
the permit of approval or reasons for rejection of the
application in writing.
Upon approval of the application and upon the payment of
the prescribed fees, the Superintendent shall issue a
penrrit for the construction, installation, reconstruction,
or alteration of such process, fuel-burning, refuse-burning,
or control equipment.
In lieu of such application, such persons may, at their
option, file with the Bureau an application containing
(1) a certificate stating the nature and quantity of such
air contaminant that such process, fuel-burning^ or refuse-
burning, may emit and (2) stating that the control equip-
ment proposed, if any, complies with each and all of the
applicable provisions and limitations of this ordinance.
The Superintendent shall act upon such application within
ten (10) days after receipt of such application:
Upon approval of the application and upon the payment of
the prescribed fees, the Superintendent shall issue a
permit for the construction, installation, reconstruction,
or alteration equipment.
No construction, installation, reconstruction, or alter-
ation shall be made which is not in accordance with the
plans, specifications, and other pertinent information
upon which the installation permit was issued without the
written approval of the Superintendent,
Violation of the installation permit shall be sufficient
cause for the Director to stop all work, in connection
with said permit and he is hereby authorized to seal the
installation. No further work shall be done until the
Director is assured that the condition in question will
be corrected and that the work will proceed in accordance
with the installation permit.
If construction, installation, reconstructs01, cr alter-
ation is not started within one (V) year of the date of
the installation permit, the permit will become void and
all fees shall be forfeited, unless an extension of time
is warranted and granted by tha Director.
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(3.0) Section 6.2. CERTIFICATE OF OPERATION. The person responsible for the
•installation, construction, or alteration of any process,
, fuel-burning, refuse-burning, or control equipment for
which an installation permit is required, shall notify
the Bureau when the work is completed and ready for final
inspection. Pending such inspection, the process or equip*
ment may be operated for the purpose and in the manner for
which the installation permit was approved. Emission tests
at the expense of the applicant may be required by the
Superintendent before the issuing of an initial certificate
of operation. After it is demonstrated to the satisfaction
of the Superintendent that the process, fuel-burning,
refuse-burning, or control equipment is being operated in
compliance with this ordinance, a certificate of operation
shall be issued by the Superintendent. Such certificate
of operation shall be renewed every three (3) years so
long as such equipment remains in satisfactory operation
as provided in SECTION 5.1. Said certificate of operation
shall be kept posted on or near the installation for which
it was issued. The certificate of operation shall pro-
perly identify the equipment to which it pertains and shall
specify the class of fuel, type of refuse, type of raw
materials used, if any, which have beer, successfully used
in the operating test. '
Failure to operate successfully under test witnin the
limitations and requirements of this ordinance shall con-
stitute sufficient grounds for ordering changes 'in the
process, fuel-burning, refuse-burning, or control equipment
or appurtenances before initial certificate of operation
can be granted. When the Superintendent refuses to issue
a certificate of operation, the Director is authorized to
seal the process, fuel-burning, refuse-burning, or control
equipment until the person required to procure the certi-
ficate of operation shall have complied with the provisions
of this ordinance.
A The Director is hereby authorized to seal any equipment for
which a certificate of operation was originally issued and
has not been renewed. Installation permits and certificates
• of operation shall not be transferabls.
(14.0) Section 6.3. CONFIDENTIALITY OF DATA OR INFORMATION. Data or information
relating to processes or production unique to one person
or disclosure of such information which if made public
wo'jld tend to adversely affect the competitive position
of that person will not be required to obtain an install-
ation permit or certificate of operation under any section
of this ordinance. Nothing in this section shall be con-
strued as a permit to violate any of the air quality
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objectives, standards, or rules and regulations of the
Bureau.
(2.0)
ARTICLE 7 - FEES
Fees for the inspection of plans and issuing installation
permits, for the installation, erection, and construction,
reconstruction, alteration of, or addition to, fuel-burning,
combustion or process equipment or devices, and install-
ation of apparatus or devices for the prevention or arrest-
ing of the discharge smoke, particulate, liquid, gaseous,
cr other air contaminant matter shall be as follows:
Section 7.1. PERMITS.
Fuel-Burning Equipment, used for space heatingl steam and
hot water or power generation for each unit:
Of a capacity of 650,000 BTU/Hr arid
less than 2,880,000 BTU/Hr $15.00
Of a capacity of 2,880,000 BTU/Hr
or more , $25.00
Refuse-burning equipment, for each unit:
With less than fifteen square feet of
grate area..., , $10.00
With fifteen or more square feet of
grate area Jl5.00
Process Equipment:
Per each installation permic
Installation cost less than $100,000 $15.00
Installation cost more than $100,000 $25.00
Permit to sell or rent domestic
incinerators ., „ .. $10.00
Section 7.2. CERTIFICATE OF OPERATION FEES. Fees shall be as follows
for the issuance or renewal of certificates of operation
which may require inspection of fuel-burning,- combustion
or process equipment ow devices:
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Fuel-burning equipment used for space heating, steam and
hot water or power generation, for each unit:
Of a capacity of 650,000 BTU/Hr and
less than 2,880,000 BTU/Hr $15.00
Of a capacity of 2,880,000 BTU/Hr
or more $25.00
Refuse-burning equipment, for each unit;
With less than fifteen square feet of
grate area $ 5.00
With fifteen square feet or more of
grate area $10.00
Sand or Grit Blasting Contractors:
Up to three guns ,....$15.00
More than three guns $25.00
Individual employees not licensed.
Process equipment:
Per chimney or stack emitting air
contamination in excess of the
minimums but below the maximums
established by the rules and
regulations , $ 5.00
Section 7.3. PAYMENT OF FEES. All fees nr penalties prescribed for the
issuance of permits, licenses, or certificates, or for the
inspection of plans, premises, or equipment, under any
provision of this ordinance shall be paid to the City Con-
troller, who shall render to the person making such payment
a receipt stating the amount and purpose for which such
fee or penalty has been paid, a duplicate of which shall be
made part of the records of the Department. All fees and
penalties thus received shall be deposited with the City
Controller.
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(8.0)
(2.0)
(2.0)
Section 7..4. FEES ARE DEBT DUE'THE CITY - SUIT FOR. All fees or penal-
ties prescribed for, the payment of which is required under
any provision of this ordinance shall constitute a debt
due the City. The Corporation Counsel shall, at the
1 direction of the Director, institute civil suit in the name
of the City to recover the amount of any such unpaid fee
or penalty. No civil judgment, or any act by the Corpor-
ation Counsel, the Director, or the violator, shall bar or
prevent a criminal prosecution for each and every violation
of this ordinance.
ARTICLE 8 - EMERGENCY PROCEDURE
Section 8.1. EMERGENCY PROCEDURE. Any other provision of this ordinance
to the contrary notwithstanding, if the Director 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 and such an order shall fix a place
and time not later than twenty-four (24) hours thereafter
for a hearing to be held before the Board. Not more than
twenty-four (24) hours after the commencement of such a
hearing, and without adjournment thereof, the Board shall
affirm, modify or set aside the order of the Director.
Section 8.2. OTHER EMERGENCY ACTIONS. Nothing in this article shall be
construed to limit any power which the Mayor 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.
ARTICLE 9 - RULES-REGULATIONS & STANDARDS
Section 9.1
PART OF ORDINANCE - VIOLATIONS'- MAKING OF RULES, REGULA-
TIONS AND STANDARDS SET BY THE BOARD. The Prevention of
atmospheric pollution in the Indianapolis area, an indus-
trial metropolitan complex, must be accomplished by ad-
herence to atmospheric purity standards, which in a large
measure must be done through engineering and scientific
means, through measurement and control devices superimposed
on chemical, manufacturing and combustion processes. Since
air pollution abatement,, control, and prevention is a
special technical field, this council expressly delegates
to the Bureau of Air Pollution Control, its personnel and
such professional consultants as it may retain, the duty
of determining such standards and the adoption of pre-
ventative measures, devices and processes which prevent
the escape of pollutants into the atmosphere. The Board
of Air Pollution Control of said Bureau is expressly and
specifically empowered and the power of this Council is
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(2.0)
Section 9.2.
directly delegated to said Board to set air quality object-
ives, determine need for specific controls to maintain
air purity, and to make and amend rules and regulations
and set standards to control air contamination within the
area. Such standards, rules and regulations when adopted
as provided in this ordinance shall become a part of this
ordinance and by this delegated power expressly incorpor-
ated herein, and all future regulations made in compliance
herewith, upon their adoption shall become a part hereof.
ORIGINAL STANDARDS. RULES AND REGULATIONS ADOPTED WITH THE
ORDINANCE. Realizing the need for immediate enactment of
rules and regulations to abate air pollution, Rules and
Regulations Number I, II, III, and IV are hereby adopted
in connection with this ordinance.
REGULATION I
REGULATION II
REGULATION III
REGULATION IV
Smoke
Particulate Emission
Open Burning Restrictions
Odors, Gases, and Aeromatics
Said rules and regulations and the standards set up therein
are herein incorporated into and made a part of this Article
and ordinance section as Rules, Regulations, and Standards
which may, by the Board of Air Pollution Control be repealed,
altered, amended, changed, modified or continued in full
force and effect without further action of this common
council and as part of the standard setting, Rules and
Regulations making delegated to said Board by the Common
Council,
Said Board is further delegated the power to adopt further
standards, rules and regulations as scientific developments
unfold, and as the atmospheric purity of the Indianapolis
area may require. Such standards, rules and regulations
when adopted as provided herein, with such original rules-
regulations as guides shall become, by reference, a part
of this ordinance and violators of such rules and regula-
tions and prescribed standards shall be subject to all the
penalties of this ordinance.
"(50.1.2) REGULATION I. SMOKE
It shall be unlawful for any person owning or in charge of any fuel-burn-
ing, refuse-burning, combustion process equipment or device, or open fire,
to cause, suffer or allow the emission or discharge of snoke from any
single such source into the atmosphere except in conformity with the limits
set forth as follows:
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I -' 1, Smoke Density
The Ringelmann Chart shall be used for grading the light obscuring
power of smoke. It shall not be used for determining metallurgical
fume emissions or measuring the opacity of non-combustion process
emission or the measurement of particulate emission from any fuel
combustion equipment. Two copies of the Bureau of Mines, Infor-
mation Circular 8333 "Ringelmann Smoke Chart" shall be filed with
the City Clerk.
The production or emission of dense smoke is prohibited. No person
shall cause, suffer or allow to be emitted into the open air from
any fuel-burning equipment, internal combustion engine, premise,
open fire, or stack, smoke the appearance, density, or shade of
which is No. 2 or darker of the Ringelmann Chart except as provided
below.
The Director of Air Pollution Control may require any person whom
he believes to be in violation of this Section to provide a smoke
monitor which shall be installed in such a manner that it contin-
uously monitors the density of smoke emission from the stack in
question. Measurements of the smoke monitor shall be automatically
transmitted to a recording device capable of maintaining a record
of the data which can be made available to the Director of Air
Pollution Control upon request.
When cleaning a fire or blowing tubes, smoke which is not darker
than a No. 3 Ringelmann Chart may be emitted for a period or
periods not exceeding five minutes in any 60-minute period, such
emissions shall not be permitted on more than six occasions during
any 24-hour period. When building a new fire, smoke not darker
than a No. 3 Ringelmann Chart may be emitted not to exceed ten
minutes on one occasion per day. The Bureau, at its discretion,
may accept an extension of the time period and number of such time
periods per day.
1-2, Exceptions Due to Maintenance or Breakdowns
The following exceptions to the provisions of this Section shall
be permitted:
1. When cleaning air pollution control equipment for any process.
Under this condition, smoke may be emitted of an appearance,
density or shade No. 2 of the Ringelmann Chart or darker for
a period or periods aggregating not more than six (6) minutes
in any observed sixty (60) minute period.
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2. If an operational breakdown of air pollution control equipment
occurs, the Superintendent of the Bureau must be notified
immediately. The Superintendent shall have discretion to
allow a reasonable period of time for repairs.
(50.1) REGULATION II. PARTICULATE EMISSION
It shall be unlawful for any person owning or in charge of any fuel-burn-
ing, refuse-burning, combustion or process equipment or device, or open
fire, to cause, suffer or allow the emission of particulate matter into
the atmosphere except in conformity with the limits set forth as follows:
II - 1. PARTICULATE EMISSION FROM INDIRECT HEAT EXCHANGERS
The emission standards set forth shall be applicable to all exist-
ing and new equipment capable of emitting particulate matter to
the atmosphere. These standards should be understood to be oper-
ating or performance standards, not design standards, and shall be
subject to an exceptions clause for existing equipment,,
Limitations for Combustion for Indirect Heating
Emissions of particulate matter from the combustion of
fuel for indirect heating shall be limited by the ASME
Standard No. APS-1, Second Edition "Recommended Guide
for the Control of Dust Emission - Combustion for Indirect
Heat Exchangers." Figure 2 of this standard shall apply,*'
however; irrespective of stack height the maximum allow-
able emission shall be 0.8 pounds of particulates per
. million BTU input for existing equipment and 0.6 pounds of
particulates per million BTU input for new equipment.
Exceptions
The provisions of the Standards for Particulate Emission
.for Indirect Heat Exchangers, Section II-l, shall not
apply to fuel-burning equipment utilized with any structure
designed and used exclusively as a dwelling for not more
than three families.
i
*Excerpts of the ASME Standard, APS-1, Second Edition, to be used are
included herein. This ASME Standard and any appendices to this Standard
shall be used as references. Two copies of APS-1, Second Edition, shall
be on file with the City Clerk.
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NOTE: When calculating allowable dust emission for a stack height not
on Fig. 2,1 equation (15) should be used to determine it with Co^^ -50.
For values of "a" in equation (15), see Table I.
When calculating allowable dust emission for a plant with several stacks
of unequal height, use a weighted average stack height calculated as
follows:
1. Heat input times stack height for each unit.
2. Add these products together.
3. Divide by total heat input for plant.
When calculating allowable dust emission for a plant with several stacks
of equal height use the given stack height.
The average height calculated in the above manner or the given stack
height is used in formula (15) or in Fig. 2 to determine 2» allowable
dust emission, assuming a single stack for the plant. This value is
then divided by the appropriate factor from Table II according to the
number of stacks at the plant to determine the allowable dust emission
from a multiple stack plant.
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TABLE I
TABLE II
Correction factor "a" for plume
rise with, heat inputs of less
than 4000 x 10^ BTU/Hr to be
used in equation (15).
For the same maximum suspended
dust concentration given in
Fig. 2. D (dust emission) in
those figures must be reduced
to take into account use of
more than a single stack.
Therefore, D (dust emission)
in those figures for a given
stack height and total plant
heat input must be divided by
nO.25. Values of n0-25
tabulated below
are
Total Heat Input
(BTU/Hr)
Equal to or more
than 4000 x 106
Less than 4000
x 106
Plume Rise Formula
Lucas with 12% of
total heat input
up chimney, a = 1.0
Specified fraction
of Lucas with 12%
of total heat input
up chimney, as follows:
Number of Stacks (n)
1
3
4
5
n
0.25
1.0
1.19
1.32
1.41
1.5C
A
Co
1. 67% of Lucas for
stack heights 150
ft. and less.
a = 0.67
2. 80% of Lucas
for stack heights
225 ft. and more.
a = 0.80
COMBUSTION FOR INDIRECT HEAT EXCHANGERS
NOMENCLATURE
= fraction to make allowance for less than theoretical plume
rise, dimensionless (a - 0.67, for example, for 67 percent
of theoretical rise)
= constant in Lucas' plume rise equation, dimensionless
= ground-'level concentration, weight/unit volume
-295-
-------
Comsv = Maximum ground-level concentration with respect to distance,
"ldx weight/unit volume
Co 2 = maximum ground-level concentration with respect to distance
and at the "critical" wind speed, weight unit volume
D = dust emission, Ib. dust/million BTU input
e = base (2.718) of natural system of logarithms
hs = stack height, ft.
«e = "effective" stack height, ft. (He » hfi +,., h)
, h = plume rise, ft.
n = number of stacks
p = vertical diffusion coefficient, dimensionless
q = horizontal diffusion coefficient, dimensionless
, Q = dust emission rate, Ib/sec
QH = total equipment capacity rating, heat input, BTU/Hr.
Q = haat emission from stack, megawatts
mw
u. = wind speed, fps
u = "critical" wind speed fps
x = downwind distance, ft.
3 = symbol for partial differential
-296-
-------
1. Bosanquet-Pearson (1) Dispersion Equation
Beneath the axis of a plume
i
-'L/Px
••2r pqux2 (1)
By maximizing (1) with respect to downwind distance, x
Co 0.215 Qp/q
mftX = u//e2 (2)
Lucas' (6) plume rise formula is
G (3)
Qmw is tne neat emission up the stack in megawatts (one megawatt
= 3.42 x 10& BTU/Hr). a is a factor, less than unity, to compen-
sate for plume rise l:ess than theoretical.
A is a constant, thought by Lucas and his co-wcrkers to be about
5000, for a neutral atmosphere. Therefore, with .1 = 5000, Q^
(heat input) in BTU/Hr, and assuming 8 percent of this heat input
goes up tha chimney as sensible heat.
. h s 61.9aQjjO.25
- _ (4)
aCo
Comax is greatest in relation to wind speed when — - —• " ^. Therefore,
n
u=- (5)
lie = hs + Ah (6)
For a given stack height
&"* ~l UA C1 n n 0'25
__ e _ <-( h) 61 .9aQ _ /-\
«u " 2u " * u^' v/
Thus,
(8)
_
-297-
-------
and, therefore, at u
Ah = h
"e « 2
(9)
(10)
and
0.215 Q p/q
°-25
4x61.9aQ//-h
Taking p/q - 0.63 for a neutral or unstable atmosphere,
- 5.47 Q x IP"4
Since,
3600
(13)
a h
With the English system of units Comax2 comes out in Ib/cu ft.
Multiply this times 15.9 x 109 to obtain the more conventional
units of concentration of suspended dust in micrograms/cu m.
Thus,
2.75
'
-3
10 ~
micrograms/cu
(15)
where D, Q/( and hs are in the English system of
units as defined in Nomenclature.
Concentration in the Bosanquet-Pearson equation (1) and succeeding
ones is for a time duration of about 30 minutes. Concentrations
for a shorter duration of 3 to 15 minute? will be approximately
twice the concentration for 30 minutes. Figs. 1 and 2 were con-
structed for maximum suspended dust concentration of about 100
and 50 micrcgrams/cu m, respectively, for a period of 30 minutes
to 1 hour, using equation (15) and the (a) factors of Section 2.1.
*Comax2 = 50 - For Fig. 2
-298-
-------
COMBUSTION FOS INDIRECT HEAT EXCHANGERS
APPROXIMATE STEAM GENERATION, THOUSANDS OF POUNDS PER HOUR
1 !0 SO '00 ICO 1.000 S.POO IO.OOO
1.5
>
«ir-jm Rice* »encfd *"»i»t:on i«»cict:i'»« tl stock MtigM '_. _ \ T
2
3
z
o
in
in
3
O
MAKiMUU CRUUNO UCVCL OUST CONCENTBiTiON
• s ,100 n»«crogrr)iM/cu. » for 8- 15 mm.
!§ SO N»iero9*«n*t /KW. m tor 30 min •• I hr.
£ 17 HMCra^romt.' cu m tor 2* tin.
I I I
3ASIS
. 1. SutatMtially riri »«rr»in.
2. (X of heat \r.pvt uc stick -3
ser.-.itle hn>'..
3. Stack h*i£ht is physicil s*.4ck
heieht.
!l. Cr«ph is for «ir.;l« stack.
$. por plant» with r.or» than one
stack set nates on ereci>edinf! vr.tr*
5 10 JO 100 5OO I.OOO 5,000 IOJ900
TOTAL eOUIPMEMT CAPACITY RATING, MILLION BTU PER HCJR JNPUT
•icunt )
II - 2, PARTICULATE EMISSION FROM MANUFACTURING PROCESSES
A. General Provisions:
1. This regulation applies to any operation, process, or
activity creating visible emission of participate matter
into the atmosphere except participate emission from
indirect heat exchangers, emission of incineration,
1 open burning, and airborne particulates.
2. Wherever practical the system for measuring of these
particulate emissions will be in grains per standard'
cubic foot of exhaust gas. Conversion tables are avail-
able for comparison with other standard systems of
measurements that may be adopted by the various legis-
latures and Control Boards. See Appendix II-6-A.
-299-
-------
B. Emission Limitations:
1. Except as provided for in Section B (2) no person
shall cause, suffer, allow, or permit the emission
of particulate matter in any orte hour from any source
1 in the excess of the amount shown in table 1, page
number 301 for the process weight allocated to such
source.
t
2. No person shall cause, suffer, allow or permit the
emission of particulate matter from any source in a
concentration in excess of 0.40 grains per standard
cubic foot of exhaust gases, corrected for 50% excess
air at standard conditions. If provisions of this
. sub-section B (2) would permit a greater emission of
particulate matter per hour than allowed by sub-section
B (1), the provision of this sub-section B (2) shall
not apply, except that the following regulations shall
apply to specific processes:
a. Foundries
b. Metal Working
c. Refineries
-300-
-------
TABLE I
Process
Weight
Rate
Lbs/Hr T
100
200
400
600
800
1,000
1,500
i
2,000
2,500
3,000
.3,500
4,000
5,000
6,000
7,000
8,000
9,000 •
10,000
12,000
ons/Hr
0.05
0.10
0.20
0.30
0.40
0.50
0,75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
6.00
Rate of
Emission
Lbs/Hr
0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
10.40
11.20
12,00
13.60
Process
Weight
Rate
Lbs/Hr
16,000
18,000
20,000
30 ,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160.00C
2009000
1,000,000
2,000,000
6,000,000
Tons/Hr
8.00
9.00
1C. 00
15.00
20.00
25.00
30.00
35.00
40.00
45.00
50.00
60.00
70.00
80.00
100.00
500.00
1,000.00
3,000,00
Rate of
Emission
Lbs/Hr
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43.6
44.5
46.3
47.8
49.0
51.2
69.0
77,6
92.7
-301-
-------
Interpolation of the data in this table for process weight rates up
to 60,000 Ib/hr shall be accomplished by use of the equation E = 4,10p°-67
and interpolation and extrapolation of the data for process weight rates
in excess of 60,000 Ib/hr shall be accomplished by use of the equation:
E = 55.0 - 40, where E = rate of emission in Ib/hr
and P = process weight rate in tons/hr.
When the process weight exceeds 200 tons/hour the maximum allowable
emission may exceed that shown in the table provided the concentration
of particulate matter in the discharge gases to the atmosphere show
0.10 pounds of gases at standard conditions.
a. Foundries:
(1) Existing Foundry Cupolas and Open Hearth Furnaces:
All existing foundry cupolas and open hearth
furnaces shall be equipped with gas cleaning
equipment to reduce particulate matter discharged
to the atmosphere in accordance with the following
table:
Allowable Emission
Process Weight Rate of Psrtlculate Matter
Ibs/Hr Lbs/Kr
1.000 3.05
2.000 4.70
3.000 6.35
4.00C 8.00
5.000 9.65
6,000 11.30
7,000 12.9?
8,000 14.00
9, COO 15,50
10.000 16.65
12,000 i8.70
-302-
-------
16,000 21.60
18,000 22.BO
20,000 24.00
30,000 30.00
40.000 36.00
50,000 42.00
60,000 48.00
70,000 49.00
80.000 50.50
90.000 51.€0
100,000 52.60
(2) New Facilities Constructed Subsequent to the
Enactment of these Rules and Regulations shall
meet the following limitations:
(a) Foundry Cupolas:
Cupolas for continuous ferrous production
shall be equipped with gas cleaning devices
to reduce the particulate matter in the gas
discharged into the atmosphere so as not to
exceed 0.20 grains per standard cubic foot.
If provision of Section 2a would permit a
greater emission of particulate matter per
hour than allowed by Table I, the provision
of Section 2a does not apply.
(b) Open Hearth Furnaces:
Open hearth furnaces shall be equipped with
gas cleaning devices to reduce the parti-
culate matter in the gases discharged to
the atmosphere so as not to exceed 0.10
grains per standard cubic foot.
(c) Electric Furnaces:
Hectric furnaces shall be equipped with
gas cleaning devices to reduce the particu-
late matter in the gases discharged to the
atmosphere so as not to exceed 0.10 grains
per standard cubic foot.
-303-
-------
b. Metal Working:
Metal working industries should be required to install
dust collectors to meet the general requirements of
this Regulation
c. Refineries:
Particulate emission from a refinery will be considered
satisfactory if the recovery of catalyst loading to the
cyclones, cottrell precipitator, or electrostatic pre-
cipitator, used in a catalytic cracking unit recovers
a minimum of 99% of the loading to the primary collectors.
C. Emission Collectors:
1. All existing dust collectors or systems having an over-
all efficiency of 99% or better shall be deemed in com-
pliance with this regulation.
2. All new dust collecting systems ordered and installed
after the effective date of this regulation, or existing
systems that do not comply with (1) above, shall not
permit the emission of particulate matter in any one hour,
from any source, in excess of tha amount shown in table I
for the process weight allocated to such source.
D. Additional Process Regulations:
Where it can be demonstrated that a process cannot comply with
the process weight table I, within the limits of technological
and economic feasibility, the person operating s-jch a process
may apply for a specific process regulation based on grain
loading per standard cubic foot of exhaust gases. Such values
shall in no instance exceed the basic limitation in Sectior B (2)
II - 3. PARTICULATE EMISSION FROM INCINERATORS
A. General Provisions:
1.' This regulation shall apply to any incinerator used to
dispose of refuse or other waste b> burning and the
processing of salyable material by burning. Notwith-
standing definitions in other regulationsr as used in
this regulation the word refuse includes garbage, rub-
bish, trade wastes, leaves, salvable materials, agri-
cultural wastes,, and other wastes. The word incinerator,
as used in this regulation, includes incinerators and
other devices, structures, or contrivances used to burn
refuse (as defined herein) or to process rer-jse by burning.
-304-
-------
2. 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 Board
in accordance with good engineering practice. In
case of conflict, the findings of the Board shall govern.
3. In calculating the amount of particulate matter in stack
gas, the loading shall be adjusted to 50% excess air.
Emissions shall be measured when the incinerator is
operating at its maximum capacity or at any other burn-
ing rate during which emission of particulate matter is
greater, when expressed as pounds per 1000 pounds of dry
exhaust. See Appendix Section II-6 for Source Emission
Measurement.
B. Restriction of Emissions of Particulate Matter from Incinerators
1. Mo person shall cause or permit the emission of parti-
culate matter from the stack or chimney of any inciner-
ator in excess of the following:
(a) Incinerators with a maximum refuse-burning capa-
city of 1000 or more pounds per hour, 0.4 pounds
of particulate matter per 1000 pounds of dry ex-
haust gas corrected to 501 excess air.
(b) All other incinerators, 0.7 pounds of particulate
matter per 1000 pounds of dry exhaust corrected
to 50% excess air.
(c) No incinerator shall emit or produce smcKe the
appearance, density or shade as prohibited in
Regulation I.
2. No incinerator shall be used for the burning of refuse
unless such incinerator is a multiple chamber inc'inerator
or equivalent and meets the standards set out in sub-
section B (1) of this regulation. Existing incinerators
• which are not multiple chamber incinerators may be altered,
modified or rebuilt as may be necessary to meet this
requirement. The Director may approve any other alter-
ation or modification to an existing incinerator if such
found by him to be equally effective for the purpose of
air pollution control as modification or alteration which
would result in a multiple chamber incinerator. Existing
incinerators which are not multiple chamber incinerators
and do not otherwise me-t the requirements of Section
B (1) of this regulation shall be modified or rebuilt In
compliance with this section.
-305-
-------
C. New Installations
1. All new incinerator installations shall be multiple
chamber or equivalent incinerators and shall meet
design standards of the latest edition of Incinerator
Institute of America incinerator standards and two
copies of the above shall be on file with the City
Clerk. These incinerators shall also meet the stand-
ards set out in Sub-section B (1) of this regulation.
2. All portable, packaged, completely assembled inciner-
ators sold in the Indianapolis area shall be approved
by the Bureau.
D. Exceptions
The standards set out in sub-section B (1) and B (2) shall
not apply to any existing incinerators utilized with any
structures designed and used exclusively as a dwelling for
not more than three families, provided the stpck emission
from these incinerators do not cause nuisance,, detriment,
or annoyance to any person cr the public.
II - 4. AIR-BORNE PARTICIPATE
A. Np person shall cause or permit the handling or transporting
or storage of any material in a manner which allows or may
allow unnecessary amounts of particulate Tatter to become
air-borne.
B. No person shall cause or permit a building or its appurte-
nances or a road, or a driveway, or an open area to be con-
structed, used, repaired or demolished without applying all
such reasonable measures as may be required to prevent par-
ticulate matter from becoming air-borne. The Director may
require such reasonable measures as may be necessary to pre-
vent particulate matter from becoming air-borne including
but not limited to frequent cleaning of roads, driveways,
and parking lots; application of dust-free surfaces; appli-
cation of water; and the planting and maintenance of vege-
tative ground cover,
C. It shall be unlawful for any person tc permit or cause the
emission of such quantities of air contaminants from what-
ever source in such place or manner as to be detrimental to
any person or to the public or to endanger the health, comfort,
or safety of any person or the public or in such a manner as
to cause injury or damage to property or business.
-306-
-------
D. All Sandblaster Companies (or Gritblaster Companies) shall
be licensed to operate in Marion County. Each individual
or company shall be made aware of their responsibility to
the community in respect to controlling their dust nuisance
and to observe the following regulations:
1. Only wet sand-blasting - a system utilizing the simul-
taneous flow of water and grit or sand under pressure -
be used in cleaning of buildings of over two storires
high in congested areas.
2. Sandblasting or gritblasting of high structures with-
out protective cloths be restricted to days when the
wind velocity is under fifteen miles per hour.
3. The premises of the job, and other adjacent areas, be
broom-cleaned at the close of each working day.
II - 5, EXCEPTIONS TO PARTICULATE EMISSION STANDARDS
A. Exception When Cleaning Gas Clearing Equipment
When cleaning gas cleaning equipment which does not require
a shutdown of equipment, particulate matter may be emitted
in excess of the limitations of II-l, 2 and 3 for a period
or periods aggregating not more than six (6) minutes in any
observed sixty (60) minute period.
B. Exceptions Due to Breakdown or Scheduled Maintenance
Upset conditions, breakdown or cleaning of gas cleaning
equipment or related operating equipment requiring a shut-
down of equipment or shutdown of such equipment for scheduled
maintenance which causes emissions in excess of the limita-
tions of II-l, 2 and 3 shall not be deemed violations pro-
vided the following are complied with:
1. Such condition shall be reported annually to the
Superintendent.
2. The person responsible for such emission shall, with
all practicable speed, initiate and complete appro-
priate reasonable action to correct the conditions
causing such emissions to exceed said limits; to reduce
the frequency of occurrence of such conditions; to mini-
mize the amount by which said limits are exceeded; and
to reduce the length of time for which said limits are
exceeded; and shall, upon request of the Superintendent,
submit to him a full report of such occurrence, includ-
ing a statement of all known causes and of the scheduling
and nature of the actions to be taken pursuant to these
Rules.
-307-
-------
3. The above shall not apply to scheduled maintenance of
air pollution control equipment except in those cases
where the maximum reasonable effort, including off-
shift labor where required, has been made to accomplish
such maintenance during periods of shutdown of any
related equipment.
II - 6 APPENDIX
A. , Conversion Factors for Air Pollution Control Engineers
Multiply
Btu/hr input
stnd cu ft/sec
stnd cu ft/min
grams/sq m
grams/sq m/day
grains/stnd cu ft
grains/stnd cu ft
grains/stnd cu ft
grains/stnd cu ft
(adjusted to 50%
excess air)
grams/stnd cu m
grams of gas/stnd
cu m
megawatts of steam-
generated elec-
tricity
micrograms of gas/
stnd cu m
milligrams of gas/
stnd cu m
io-7
mol wt x 9.3
mol wt x 0.155
2.85
86.5
1.89
2300
2.30
2.20
0.435
24.2xl03/mol wt
IO7
0.0242/mol wt
?.4.2/mol wt
To Get
megawatts of steam-
generated electri-
city (approx.)
pounds of gas/hr
pounds of gas/hr
sho^t tons/sq m
short tons/sq mi/mo
pounds/1000 Ib gas*
milligrams/stnd cu m
grams/stnd cu m
pounds/10 Btu input
grains/stnd cu ft
ppm by vol
Btu/hr Input (approx)
ppm by vol
ppm by vol
-308-
-------
Multiply
milligrams/stnd cu m
ppm by vol
ppm by, vol
ppm by vol
i
ppm by vol
Percent by vol
Pounds'of gas/hr
Pounds of gas/hr
Pounds/1000 Ib gas*
Pounds/1000 Ib gas*
(adjusted to 50%
excess air)
4.35 x 10"4
mol wt x 41.3 x 10
mol wt x 0.0413
mol wt x 41.3
ID'4
104
6.48/mol wt
0.108/mol wt
0.53
1.18
-6
Pounds/100 Btu input 0.45
Pounds/10 Btu input 0.85
short tons/sq mi 0.35
short tons/sq mi/mo 0.0116
To Get
grains/stnd cu ft
grams of gas/stnc cu m
milligrams of gas/stnd
cu m
micrograms of gas/stnd
cu m
percent by vol
ppm by vol
stnd cu ft/min
stnd cu ft/sec
grains/stnd cu ft
pounds/10 Bti; input
grains/stnd cu ft
(adjusted to 50%
excess air)
pounds/1000 Ib gas*
(adjusted to 50%
excess air)
grams/sq m
grams/sq m/day
* mol wt = 29
m = meter
mol wt ~ molecular weight
stn-J = standard at 70F and ztmospheric pressure
-309-
-------
B. Source Emission Measurement
Measurement of emissions of particulate matter from a parti-
cular source will be made according to the procedures recom-
mended in the ASME Power Test Code 27-1957 "Determining Dust
Concentration in a Gas Stream." Two copies of the ASME Power
Test Code 27-1957 shall be filed with the City Clerk.
(51.13) REGULATION III, OPEN BURNING RESTRICTIONS
It shall be unlawful for any person to cause, suffer or allow the emis-
sion of air contaminants as a result of open burning except in conform-
ity with the limits set forth as follows:
III - T, REFUSE-BURNING RESTRICTIONS
1. No person shall dispose of refuse by open burning or cause,
suffer, allow, or permit open burning of refuse except as
provided in following sub-sections 2, 3, and 4 of those
regulations.
2. One single family dwelling on residential premises (con-
sidered a residential lot) shall be permitted to burn refuse
papers (not garbage or similar products) originating in that
single dwelling between the hours of 10:00 A.M. and 4:00 p.M.
3. In areas where no public refuse collection service is avail-
able on the effective date of this regulation, the open burn-
ing of refuse on residential premises of three families or
less, of refuse originating in dwelling units on the same
premises, shall not be in violation of this regulation until
such refuse collection service becomes available.
4. In areas of low population density, open burning of refuse on
residential premises of three families or less, of refuse
originating in dwelling units on the same premises shall not
be a violation of this regulation. The Director, with con-
currence of the Board, after consultation with public agencies
concerned with refuse collection and disposal, shall elect and
publish the specific boundaries in areas in which such open
burning or refuse will not be in violation of this regulation.
In selecting such areas, he shall use a density of 100 families
or less per square mile as an approximate definition of areas
of low population density and he shall give due consideration
to the desirability of having restrictive air pollution control
regulations within the counterminous area comprising the In-
dianapolis metropolitan area under air pollution control. The
Director, with the concurrence of the Board, shall select and
publish revised boundaries, as described above, from time to
time as population density changes.
-310-
-------
5. Any cpen burning of refuse permitted by previous sub-section 2
or 3 of this regulation shall be permitted only between the
hours of 10:00 A.M. and 4 P.M.
Ill - 2. PROHIBITION OF SALVAGE OPERATIONS BY OPEN BURNING
No person shall conduct or cause or permit a salvage operation by
open burning.
Ill - 3, RESTRICTIONS ON OPEN BURNING OF TRADE WASTES
1. No person shall cause or permit the disposal of trade wastes
by open burning, except as provided in following sub-section
2 of this regulation.
2. The open burning of trade wastes may be permitted when it can
be shown by a person that such open burnihg is absolutely
necessary and in the public interest. Any person intending
to engage in open burning of trade wastes shall file e Bequest
to do so with the Director.
The application shall state the following:
(a) The name, address, and telephone number of the person
submitting the applicetion.
(b) The type of business or activity involved.
(c) A description of tha proposed equipment and operating
practices, the type, quantity, and composition of trade
wastes to be burned, and the expected composition and
amount of air contaminants to be released to the atmos-
phere.
(d) The schedule of burning operations.
(e) The exact location where open burning will be used to
dispose of trade waste.
(f) Reasons why no method other than open burning can be
used for disposal of trade waste.
(g) Evidence that the proposed open burning has been approved
by any fire department which may have jurisdiction. Upon
approval of the application by the Director, the person
may proceed with the operation without being in violation
of sub-section 1.
-311-
-------
Ill - 4, RESTRICTIONS ON OPEN BURNING OF AGRICULTURAL.WASTES
1. The burning of plant life is prohibited except as provided in
sub-section 2 and 3 of this regulation.
2. Open burning of plant life grown on the premises in the course
of any agricultural operations may be permitted when it can be
shown that such open burning is necessary and that no fire
hazard will occur. Any person intending to dispose of plant
lifa by open burning shall file a request to do so with the
Director on forms provided by him. Such form shall require
the provision of such information as the Director shall rea-
sonably need to determine the air pollution aspects of the
situation and whether the request should be granted. The
applicant shall furnish the Director evidence that the pro-
posed open burning has been approved by any fire department
which may have jurisdiction. Upon approval of the application
by the Director the person may proceed with the operation
without being in violation of this sub-section.
3. Any open burning permitted under provisions of sub-section 2
of this regulation shall be permitted only between the hours
of 10:00 A.M. and 4:00 P.M. and only at times when the actual
or forecast surface wind speed, as given by the local U.S.
Weather Bureau is 5 miles per hour or greater.
Ill - 5. RESTRICTION ON OPEN BURNING OF TREE LEAVES
1. The open burning of tree leaves in such manner as to cause
nuisance, detriment, or annoyance to any person or the public
is prohibited.
i
2. The open burning of leaves is prohibited except between the
hours of 10:00 A.M. and 4:00 P.M.
(50.6)
(12.0) REGULATION IV, ODORS AND GASEOUS EMISSIONS
It shall be unlawful for any person to cause, suffer, or allow, contrary
to the requirements of this regulation, the emission of gaseous or odot--
iferous emissions in the atmosphere, alter or revise such control devices
relevant thereto, or install facilities for the processing or handing
of certain materials which may permit release of gaseous emissions.
-312-
-------
IV - U EMISSION OF ODOROUS GASES
A. No person shall cause, suffer, allow, or permit the emission
of gaseous materials, in such quantities to cause an "object-
ionable odor":
1. In areas zoned residential.
2. In areas zoned light industrial, when the ambient air
diluted with 5 parts of odor-free air (5/1 dilution)
is determined to be an "objectionable odor," or
3. In areas zoned medium or heavy industrial, when the
ambient air is diluted with 20 parts odor-free air
(20/1 dilution), and is still determined to be object-
ionable.
B. Zoned Areas
Zoned areas referred to in this section (See IV-I-A) shall
be as those defined in the Industrial Zoning Ordinance of .
Marion County, Indiana, as prepared by the Metropolitan Plan
Commission, Docket No. 63-AO-4, dated November 7, 1963.
IV - 2, MOTOR VEHICLE OPERATION
A. Internal Combustion Engines
No person shall cause, suffer, allow, or permit the emission
of visible air contaminants from a motor vehicle which are:
1. Of a shade or density equal to or darker than that
designated as No. 2 on the Ringelmann Chart.
2T When the presence of uncombined water is the only reason
for failure of emission to meet the requirements of this
.paragraph, the provision of this regulation shall not
apply.
B. Compliance With Federal Emissions Standards
The Federal Clean Air Act of 1963 (P.L. 88-206) as amended in
1965 (P.L. 89-272) provides for control of air pollution for
new motor vehicles beginning with the 1968 model year. It shall
be unlawful for any person to fail to maintain in good working
order, remove, dismantle, or otherwise cause to be inoperative,
any equipment or feature constituting an operational element of
the air pollution control system or mechanism of the equipment,
a$ may be prescribed by the Clean Air Acto
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IV - 3. PETROLEUM STORAGE SYSTEMS
A. No person shall build or install, or permit the building or
installation of any stationary tank, reservoir, or other
container of more than 65,000 gallon capacity which will or
might be used for the storage of any petroleum distillate
having a vapor pressure of 2.0 pounds per square inch absolute
or greater under actual storage conditions, unless such tank,
reservoir, or container is to be a pressure tank capable of
maintaining working pressure sufficient at all times to pre-
vent hydrocarbon vapor or gas loss to the atmosphere, or is
designed and built and equipped with one of the following
vapor loss control devices:
e
1. A floating roof consisting of a pontoon type or double-
deck type roof which will rest on the surface of the
liquid contents and be equipped with a closure seal or
seals to close the space between the roof edge and tank
wall. The control equipment provided for in this para-
graph shall not be permitted if the gasoline or petro-
leum distillate to be stored will have a vapor pressure
of 12 pounds per square inch absolute or greater under
actual storage conditions. All tank gauging and sampling
devices shall be built so as to be gas-tight except when
gauging or sampling is to take place,
2. A vapor recovery system consisting of a vapor gathering
system capable of collecting the hydrocarbon vapor and
gases discharged, a vapor disposal system capable of
processing such 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.
3. Such other equipment or means of equal efficiency for
purposes of air pollution control as may be approved
by the Director.
B. Submerged Fill Pipes Required
No person shall build or install or permit the building or
installation of a stationary gasoline storage tank with a
capacity of 250 gallons or more, unless such tank is equipped
with a submerged fill pipe or is a pressure tank as described
in Paragraph A-l of this section of the regulation, or is
fitted with a vapor recovery system as described in Paragraph
A-2 of this section of the regulation. A submerged fill pipe
is a fill pipe, the discharge opening of which is entirely sub-
merged when the liquid level is 6 inches above the bottom of
the tank. A submerged fill pipe when applied to a tank which
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is loaded from the side is defined as any fill pipe, the
discharge opening of which is entirely submerged when the
liquid level is 18 inches above the bottom of the tank.
(15.0) ARTICLE 10 - PENALTY
Section 10.1. Any person, firm, corporation or organization found
guilty of violation of this ordinance or the rules
and regulations made a part hereof or pursuant to the
authority granted by this ordinance, may be fined in
the sum not exceeding $300.00 or imprisonment not to
exceed ten (10) days which may be added for any second
or subsequent offense. Each day's violation shall con-
stitute a separate offense.
(2.0) ARTICLE 11 - EFFECTIVE DATE OF ORDINANCE
Section 11.1. This Ordinance shall be in full force and effect from
and after the 1st day of January 1968, upon passage by
the Common Council, approval by the Mayor and publica-
tion as by law required
After the final effective date, and upon repeal of ell
prior ordinances relating to air pollution control the
City Clerk shall insert this Ordinance into the City
• Code of Ordinances and renumber the sections hereof to
comply with their proper order in said Municipal Code
of Ordinances and shall also receive all rules and
regulations in two (2) copies and keep them among the
permanent records of such office.
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AIR QUALITY
CONTROL ORDINANCE
CITY OF MICHIGAN CITY, INDIANA
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(2.0) ARTICLE I
GENERAL PROVISIONS
(2.0) Sec. 1.1 Short Title.
This ordinance shall be knov/n and cited as the "Air Quality Control
Ordinance."
(2.0) ! Sec. 1.2 Purpose.
This ordinance is designed to control air pollution by establishing the
Division of Air Pollution Control within the Department of Public Health
in the City of Michigan City. Indiana, prescribing the duties of the
Chief of Air Pollution Control, providing for the investigation of
alleged violations and their abatement where found, setting out reason-
able, clear and readily enforceable rules and regulations, establishing
an Air Pollution Control Advisory Board, establishing an Air Pollution
Appeals Board, providing for the registration of all commercial, indus-
trial and multiple-dwelling unit air pollution sources, prescribing a
schedule of fees and providing for the issuance of permits for the
installation,, construction, addition to, alteration and operation of
' process, fuel-burning and refuse-burning equipment and controls, provid-
ing for periodic inspection and testing of the aforesaid equipment end
controls, establishing limitations upon the emission of air pollutants,
declaring emissions which do not meet such limitations to be unlawful and
a public nuisance, prohibiting certain acts causing air pollution., provid-
ing for fines ?nd penalties for violation of the provisions of this
ordinance, and providing just and adequate means by which the provisions
of this ordinance may be enforced.
(1.0) Sec. 1.3 Definition of Terms.
The following words and phrases when used in this ordinance shall, for
; the purpose of this ordinance, have the meanings respectively ascribed
to them in this article, unless a different meaning is clearly indi-
cated.
"Air Contaminant." Any smoke, soot, fly ash, dust, cinders, dirt,
noxious or obnoxious acids, fumes, oxides, gases, vapors, odors, toxic
or radioactive substances, waste, particulate, solid, liquid or gaseous
matter, or any other materials in the outdoor atmosphere, but exclud-
ing uncombined water.
"Air Pollution." The presence in the outdoor atmosphere of one or more
contaminants or combination thereof in such quantities and of such
duration that they are.or may tend to be injurious to human, plant or
animal life or property, or that interfere with the comfortable enjoy-
ment of life or property or the conduct of business.
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"ASME" The American Society of Mechanical Engineers.
"ASTM" The American Society for Testing Materials.
"Ashes" includes cinders, fly ash or any other solid material result-
ing from combustion, and may include unburned combustibles.
"Advisory Board." The board created by this ordinance to act as the
air pollution control advisory board to the Chief and the Board of Health.
"Appeals Board." The Air Pollution Appeals Board created by this
ordinance to act as provided for in Section 2.5 of this ordinance.
"Certificate of Operation." A certificate issued by the Chief authorizing
the use of any process, fuel-burning refuse-burning or control equipment
for the period indicated after it has been found that it can be operated
in compliance with the ordinance.
"City." City of Michigan City, Indiana.
"Chief." Chief of the Division of Air Quality Control cf the City of
Michigan City Health Department, the only authorized representative of
the Health Officer.
"Control Equipment." Any process which regulates fuel-burning refuse-
burning or process equipment which may release contaminants, and thus
reduces the creation and/or emission of air pollutants ir.to the
atmosphere.
"Council." The Common Council of the City of Michigan City.
"Department." The Department of Health of.the City of Michigan City.
"Health Officer." The Health Officer of the department.
"Domestic Heating Plant." .A plant generating heat for a single
residence, or for two residences either in duplex or double-housing forn..
Under this designation are also hot water heaters, stoves and sp?ce
heaters used in connection with the foregoing establishments, or to
heat temporary buildings; provided, however, that like equipment used in
multiple-dwelling units or in permanent buildings of commercial or
industrial establishments, is not to be construed as included under
this designation.
"Domestic Refuse-Burning Equipment." An>! refuse-burning equipment or
incinerator whicn is portable, packaged, completely assembled, and direct
fed, having not over five (5) cubic feet capacity or twenty-five (25)
pounds per hour burning rate, designed to handle combustible refuse
consisting of approximately equal amounts of rubbish end garbage by
weight.
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"Emission." The passing or ejecting of matter into the atmosphere or the
material'so passed.
"Fuel-burning Equipment." Any equipment or device used to produce heat
by combustions, including djcts, breechings, control equipment, fuel-
feeding equipment, ash-removal equipment, combustion controls* stacks
and chimneys.
"Incinerator." Any device intended or used for the reduction of refuse
by burning.
"Installation Permit." A permit authorizing the construction, install-
ation or alteration of any pollutant-producing process, fuel-burning
refuse-burning or control equipment in accordance with plans and specifica-
tions approved by the Chief.
"Mayor." The Mayor of the City of Michigan City, Indiana.
"Open Burning." Burning from which the prodjcts of combustion are enrtted
directly into the outdoor atmosphere without passing through a stack.
"Particulate Matter." Finely-divided material other than unccmbined
water which is suspended in air or other gases as a liquid or solid.
"Person." Any individual, partnership, co-partnership:, firm, company,
corporation,' association, joint stock company, trust estate, governmental
entity or any other legal entity, or their legal representatives,
agents or assigns. The masculine gender shall include the feminine and
the singular shall include the plural where indicated by the context.
"Process Equipment." Any equipment or device for changing storing or
handling any material, and all appurtenances thereto, including ducts,
stacks, etc., the use or existence of which may cause any discharge of
air pollutants into the outdoor atmosphere, but not including that
equipment specifically defined as fuel-burning equipment or refuse-
burning equipment in this ordinance.
"Process Weight." The total weight of all materials introduced into a
unit operation or unit process, including solid fuels, but exc"!uding
liquid fuels and gaseous fuels when these are used solely as fuels, and
excluding air introduced for purposes of combustion.
"Process Weight Per Hour." A rate established as follows:
a. For continuous or long-run steady-state unit operation or unit
process, the total process weight for the entire period of continuous
operation oi' for a typical portion thereof, divided by the number
of hours of such, period or portion thereof.
b. For cyclical or batch unit operation or unit process,, the total
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process weight for a period that covers a complete operation or an
integral number of cycles, divided by the hours of actual process
operation during such a period.
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 defini-
tion, the interpretation that results in the minimum value for allowable
emission shall apply.
"Refuse-burning Equipment." Any incinerator, equipment or device used
for the destruction of refuse and/or wastes by burning and all
appurtenances thereto.
i
"Salvage Operations." Any operation conducted in whole or in part for
the salvaging or reclaiming of any product or material,
"Seal." A device affixed to fuel-burning, refuse-burning process control
equipment or premises in /iolation of this ordinance, so as tc
prevent their use.
"Smoke." Small air-borne particles resulting from incomplete combustion
consisting predominantly of ash and carbon.
/
"Stack." Ductj chimney, flue, conduit, or opening arranged for the emis-
sion into the outdoor atmosphere of air pollutants.
"Unit Operation.11 Methods where raw materials undergo physical change;
methods by which raw materials may be altered into different states,
such as vapor, liquid, or solid without changing into a new substance
with different properties and composition.
"Unit Process." Reactions where raw materials undergo chemical change;
where one or more raw materials are combined and completely
changed into a new substance with different properties and composition.
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(2.0) ARTICLE'II
ADMINISTRATIVE ORGANIZATION
(15.0) Sec. 2.1 Administrative Organization and Enforcement.
a. This ordinance shall be effective throughout the City of Michigan
City, and such additional areas as may be included under its planning
and Zoning regulations.
b. This ordinance shall be administered and enforced by the Division
of Air Pollution Control.
c. The position of Chief of Air Quality Control is hareby created in
the Department of Health. The Chief shall be appointed by the
Board of Health.
d. The Chief shall perform such duties as may be required of him by the
Health Officer relative to Air Pollution. He shall have charge of,
and be responsible for, all work performed by the Division, and
shall supervise the execution of all laws, rules and regulations
pertaining to air pollution as provided in this ordinance.
/
e. The Chief shall be qualified by technical training* have a suitable
knowledge of the theory and practice cf air pollution control, and
be qualified by education and experience to cooperate with scientific,
educational and civic organizations interested ir, air pollution
control.
(15.0) Sec. 2.2 Powers and Duties of the Chief.
The Chief shall perform the following duties:
a. Supervise the execution of all laws, ordinances, rules and regula-
tions pertaining to air pollution as provided in this ordinance.
b. Record and investigate alleged violations o* this ordinance, and
make inspections and tests as necessary to determine if a violation
exists. Report findings to complainant and Air Pollution Control
Advisory Board.
c. Institute legal proceedings to prosecute violations of this ordi-
1 nance,and compel compliance therewith.
d. Examine, and approve or disapprove, the plans for the installation,
construction, reconstruction or alteration of fuel, refuse-burning,
process a'nd control equipment.
e. Inspect and test existing end newly-installed, repaired,
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constructed, reconstructed or altered fuel, refuse-burning, process
and cont'rol equipment.
f. Approve or reject application for permits, and issue certificates of
operations, notices or other documents required under the provisions
of this ordinance.
g. Prepare proposals for amendments to this ordinance or for additions
or revisions to regulations pertaining to air pollution abatement,
and present them to the Air Pollution Control Advisory Board, Board
of Health, Mayor and Common Council.
h. Encourage voluntary compliance with this ordinance by persons or
groups affected by it.
i. Collect and disseminate information oj\ air pollution control.
j. Advise planning, zoning and other governmental agencies regard'-ng
a coordinated approach to air pollution abatement.
k. Cooperate and work with federal, interstate, state, county, district,
municipal and other agencies involved with air pollution.
> /
1. Make all rules and regulations necessary to the administration of the
Division, of Air Pollution, subject to approval by the Air Pollution
Control Advisory Board.
m. Prepare and maintain all department records.
(2.0) Sec. 2.3 Air Pollution Inspectors.
a. Air Pollution inspectors shall be employees of the Division,
qualified by technical training in the theory and practice of the
construction and operation of combustion and process equipment
or in the theory and practice of smoke abatement and air pollution
control.
b. No person employed in the Division, or any member of his family,
shall have a financial interest in any firm which sells fuel or which
manufactures, leases or sells combustion or process equipment,
gas removal devices, smcke abatement or air pollution control
• equipment, or the apparatus or devices connected therewith or any
extensions thereof.
c. The Duties of the inspectors shall be to carry out the directions of
the Chief, and to aid and assist him in the discharge of his duties.
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(16.0) Sec. 2.4 Air Pollution Control Advisory Board.
a. An Air pollution Control Advisory Board shall be appointed by the
Mayor. This Board shall study the problem of air pollution within
the City, and shall from time to time recommend to the Board of
Health and/or the Chief appropriate means of air pollution abatements
including amendments to this ordinance.
b. The Air Pollution Control Advisory Board shall consist of not less
than seven (7) nor more than nine (9) members. Nor more than two
two (2) members of said Board shall hold public office. This Board
shall consist of at least one industrial chemist, at least one
graduate engineer, registered in Indiana, at least one physician
licensed to practice medicine in Indiana, and at least one
attorney licensed to practice law in Indians. Initially two (2)
members shall be appointed for a term of one year, two (2) members
for a term of two years, and the remainder for a term of four years.
Upon expiration of any term, subsequent appointments shall be for
a term of four years. Members shall serve without compensation.
The Board of Health shall make recommendations to the Mayor for
such appointments.
' c. The Air Pollution Control Advisory Board shall elect a chairman, who
shall serve for a term of two (2) years, A quorum shall consist of
a majority of the members of the Board. The Mayor shall appoint .
members to fill all vacancies. The Chief shall be an ex-officio,
non-voting member of the Board and shall act as secretary to the
Board.
d. The Advisory Board shall hold a regular annual meeting and other
meetings at such times as may be called by the chairman. The
chairman shall call a special meeting upon the written request of
at least three members of the Air Pollution Control Advisory Board cr
at the request of the Chief: The Air Pollution Control Advisory
Board shall keep minutes of its proceedings, showing its official
actions end the vote of each member.
e. The Air Pollution Control Advisory Board shall confer with and
advise the Board of Health and the Chief on needed amendments to
this or any other ordinance pertaining to air pollution, on
revisions or additions to rules and regulations of the Department
and on any matters concerning air pollution and its abatement.
(16.0) Sec. 2.5 Appeals Board.
An air Pollution Appeal Board is hereby created and shall consist of
three (3) members appointed by the Mayor of the City cf Michigan
City, one of whom shall be designated by the Mayor as Chairman, and one
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of whom shall. t>e designated by the Mayor as secretary; any two members
shall constitute a quorum. One (1) member shall be an attorney
licensed to practice law in the State of Indiana. Term of office shall
be four (4) years, except that initial appointments for two of the
members shall be for terms of two and three years, to be designated
by the Mayor at the time of appointment. The term of each member shall
continue until his respective successor has been duly appointed. If a
vacancy occurs in the Appeal Board, the Mayor shall appoint a member for
the remainder of the unexpired term. Members appointed to fill vacancies
shall have the same qualifications required of their predecessors.
The Appeal Board shall convene at the call of the Chairman and at such
other times as the Appeal Board may determine. The Appeal Board shall
have the power to adopt and enforce rules of procedure, subject to state
laws governing administrative procedures and practice. All hearings
conducted by the Appeal Board shall be open to the public.
The Appeal Board shall keep records of its hearings and other official
actions. All rules and regulations adopted by the Appeal Board, every
amendment or repeal thereof, and every order, decision, requirement or
determination of the Appeal Board shall be filed promptly in the
'office of the Division of Air Pollution Control in the Department of
Health of the City of Michigan City, and shall be a public record.
The Appeal Board is hereby vested with the jurisdiction and authority to
decide appeals from any decision, ruling, regulation, determination or
order made by the Health Officer or Chief under this ordinance, in the
manner and subject to the standards set forth in Section 2.6 below.
Members of the Appeal Board shall be paid a per diem of Fifteen Dollars
($15.00) for each and every day, or part of a day, in actual attendance
at any meeting or hearing of the Appeal Board, which per diem shall
be a valid claim against the City of Michigan City Department of Health.
(2.0) Sec. 2.6 Appeals.
Any person affected by, and who objects to, a decision, ruling, require-
ment, rule, regulation or order of the Division of Air Pollution Control
may file with the Chief an appeal directed to the Appeal Board, and
specifying the grounds on which the appeal is based and the relief has
been given. A fee of Forty-five Dollars ($45.00) shall be paid by the
appellant to the Division of Air Pollution Control at the time of the
filing of the appeal, to defray the costs o-f the hearing. Said fee
shall be refunded if the Appeal Board finds in favor of the appellant.
The Chief shall furnish to the Appeal Board all papers in his possession
relative to each matter under appeal. Within ten (10) days after an
appeal has beer, read, the Appeal Board shall set a date for a hearing,
and shall give notice thereof by mail to the interested parties. Such
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hearing shall be scheduled for a date no later than thirty (30) days after
the appeal has been filed. The Appeal Board may in its discretion grant
continuances.
An appeal shall act as a stay of the decision, ruling, requirement,
rule, regulation or order in question until the Appeal Board has taken
final action on it. At the hearing any party may appear in person or
by agent or attorney, and present written evidence and oral testimony
pertinent to the questions and issues involved, and may examine and
cross-examine witnesses. All testimony shall be given under oath.
The Appeal Board, by majority vote, shall affirm, modify or reverse the
decision, ruling, requirement, rule, regulation or order of the Division
of Air Pollution Control. The decision of the Appeal Board shall be
binding on the Division and the appellant, unless reversed by a court
of competent jurisdiction upon judicial review.
The procedure") provisions of the Administrative Adjudication and Court
Review Act (Acts 1947, Chapter 365, Sections 1-30, p.'1451), all
amendments and modifications thereof, and the Procedural Rules adopted
pursuant thereto, shall apply to and govern all oroceedings for the
judicial review of decisions of the Appeal Board, and are hereby adopted
and incorporated herein by reference. References in said Act to an agency
of the State of Indiana shall be deemed references to the Air Pollution
'Appeal Board of the City of Michigan City, and references in said.Act
to the Attorney General shall be deemed references to the City
Attorney.
The Appeal Board at its expense shall provide a reporter to take testi-
mony ar\d record all proceedings before the Appeal Board. The filed
appeal, the notice of hearing, all exhibits, documents, pleadings and
written motions filed or admitted as evidence in the proceedings, the
transcript of testimony heard, the findings of fact, and the decisions
made shall constitute the complete and exclusive record of such hear-
ing. Any party to a hearing may obtain a copy of such record at his
own expense.
An appellant who wishes to obtain certified copies of the record shall
pay the sum of ninety-five cents (0.95) per page to the Chief. The
Secretary of the Appeal Board shall certify the record.
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(2.0) ARTICLE III
STANDARDS AND RECOMMENDED PRACTICES
Sec. 3,1 Adopted Standards or Recommended Practices.
Where reference is made in this ordinance to the standards or recom-
mended practices of national technical societies, associations or
other organizations, such information shall form and be considered an
integral part of the ordinance in the same manner and extent as if fully
reproduced therein. Not less than two copies of such.standards or
recommended practices shall be kept on file at all times in the
office of the Chief and shall be available for perusal by the public.
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(3.0) ARTICLE IV
INSTALLATION PERMITS AND CERTIFICATES OF OPERATION
Sec. 4.1 Permit Required.
t
No person shall construct, install, reconstruct or alter any process,
fuel-burning, refuse-burning or control equipment pertaining thereto, for
use within the City, which may emit contaminants into the atmosphere,
until proper application h.as been made to, and approved by, the Chief,
and a Permit has been issued. The application shall include not less than
two sets of properly prepared plans and specifications for the process,
fuel-burning, refuse-burning or control equipment, except as ststed
in Section 4.5.
Sec. 4.2 Application Information.
The above-mentioned plans or specifications shall include the descrip-
tion, form and dimensions of the process, fus!-burning, refuse-burning
or control equipment, the building or part thereof in which such
xequipment is to be located, the means provided for admitting air for
'combustion, the composition of the fuel to be used, the maximum
quantity of such fuel to be burned per hour, the kind and amount of raw
materials to be processed, the estimated maximum air contaminant
emission rate and timetable, the operating charateristies, the purpose
of such equipment, the contaminant concentration, gas volume and
temperature at the emission point, the chemical composition and
physical charateristies of contaminants emitted, the number of emis-
sion points,/the location and elevation of each, and any other
reasonable and pertinent information that may be requested by the Chief.
Sec. 4.3 Emergency Repairs.
Emergency repairs may be made to equipment covered by this ordinance
without a Permit if the emission of excessive amount of contaminants
could result if such repairs were deferred. When such repairs have been
made, the person responsible shall notify the Chief on the first
business day after the emergency occurred and shall file an applica-
tion for a Permit.
Sec. 4.4 Time Limit on Applications.
The Chief shall approve or reject any application within thirty (30)
calendar days after it has been filed in his office. The Chief shall
notify the applicant in writing of his action, giving his reasons if the
application's rejected. Upon approval of an application and payment
of the prescribed fees, the Chief shall issue a permit.
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Sec. 4.5 Alternate Action on Permit Application.
In the event the plans, specifications and information submitted to
the Chief pursuant to Sections 4.1 and 4.2 reveal a proposal to con-
struct, install, reconstruct or alter any process, fuel-burning, refuse-
burning or control equipment of a highly complex or technically ad-
vanced design, the Chief may, at his option, before issuing a Permit,
require the applicant to file at his office an affidavit to the effect
that the proposed equipment or installation will comply with all of the
application provisions and limitations of this ordinance. Upon the
filing of such affidavit, the applicant may proceed with the proposed
installation, subject, however, to the provisions of Section 4.S.
Sec. 4.6 Affidavit for Secret Process.
If an applicant deems the plans and specifications of any process or
equipment to be secret, he may file an affidavit to the effect that
such plans and specifications are secret and that performance of such
process or equipment will conform with the provisions of this ordinance.
Upon the filing of such affidavit the applicant may proceed with the
proposed installation, subject, however, to the provisions of Section
4.9.
' Sec. 4.7 Applicability of the Permit.
No construction, installation, reconstruction or alteration shall be
made which is not in accordance with the plans, specifications and
other information upon which the Permit was issued, without the
written approval of the Chief.
Sec. 4.8 Permit Violation.
Violation of the Permit shall be sufficient cause for the Chief to stop
all work in connection therewith, and he is herby authorized to seal the
equipment in violation. No further work shall be done until the Chief
is satisfied that the violation will be corrected and that the work
will proceed in accordance with the permit.
Sec. 4.9 Time Limit on Permits.
If construction, installation, reconstruction or alteration is not com-
pleted within one (1) year of the date the Permit was issued, or within
the period of time specified in the Permit, unless an extension of time
is shown to be warranted and is then granted by the Chief, the Permit
shall become void.
Sec. 4.10 Certificate of Operation.
No person shall operate or cause to be operated any fuel-burning refuse-
burning, process or control equipment or any equipment pertaining
thereto for which a Permit is required or was issued under this ordinance
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until it has been inspected by the Chief. The person responsible for
the installation, construction or alteration of any process, fuel-burning,
or control equipment for which, a Permit is required shall notify the Chief
when the work is completed and ready for final inspection. After it has
been demonstrated to the satisfaction of the Chief that the process,
fuel-burning, refuse-burning or control equipment can be operated in
compliance with this ordinance, the Chief shall issue a Conditional
Certificate of Operation. The Chief shall then conduct, or cause to be
conducted, such emission and other tests as he may deem necessary
before issuing a Certificate of Operation. If the tests show that the
equipment does not operate within the limitations and requirements of
this ordinance, the Chief shall order that changes in the process, fuel-
burning, refuse-burning, or control equipment or appurtenances be made.
The Chief is authorized to seal the process, fuel-burning, refuse-
burning, or control equipment until the person.required to procure the
Certificate of Operation shall have made the changes necessary to
bring the equipment into compliance with this ordinance. No person shall
operate, or cause to be operated, any equipment for any other purpose or
in any other manner than that for which the Permit was approved and for
which a Certificate of Operation was issued, unless authorized in
writing by the Chief to do so. The Certificate of Operation shall oe
kept posted on or near the equipment for which it was issued. The
Certificate of Operation shall identify the equipment for which it was
'issued and shall specify class of fuel, type of refuse* or type of raw
materials being used at the time the tests were made. A Certificate of
Operation shall remain in force until rendered void by alteration of the
equipment or sealing of the equipment under Article X.
Sec. 4.11. Certification of Operation Required for Existing Equipment.
Any person operating or causing to be operated any fuel-burning, refuse-
burning, process or control equipment at the time of the adoption of thi$
ordinance shall apply within sixty (60) days for a Certificate of Opera-
tion. Such application shall include not less than two (2) sets of
plans and specifications containing the information required in Section
4.2 The Chief shall collect a fee for each such certificate as set out
in Article V. The Chief is hereby authorized to seal any existing equip-
ment if application for a Certificate of Operation is not filed within
sixty (60) days of the adoption of this ordinance.
Sec. 4.12 Domestic Heating Plants and Domestic Refuse-burning Equipment
Excluded.
i
Sections 4.1 through 4.11 shall not apply to domestic heating plants or
to domestic refuse-burning equipment.
Sec. 4.13 Heating Plants of Less than 1.000.000 BTU/Hr. Input.
Sections 4.1 through 4.11 shall not apply tc heating plants of less than
1,000,000 BTU/Hr. input.
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Sec. 4.14 Prosecution of Ordinance Violations.
The issuance by the Chief of a Permit or Certificate of Operation shall
not be held to exempt the person to whom the Permit or Certificate was
issued from prosecution for violation of any provisions of this ordinance.
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(2.0)
ARTICLE V
CHARGES
Sec. 5.1 Charges for Permits, Certificate of Operation, and Inspections.
The charge for the inspection of premises and equipment pertaining to the
issuing of Permits and Certificates of Operation shall be at the rate of
Ten Dollars ($10-00) per man hour. The Chief shall send a statement of
charges to the person whose equipment was inspected.
Sec. 5.2 Payment of Charges.
Payment of charges for inspections described above shall be made to
the City Controller, who shall render to the person making such payment
a receipt. A duplicate of the receipt shall be sent to the Chief end
made part of the records of th£ Department.
Sec. 5.3 Charges are Debt due the City-Suit for.
All charges, payment of which is required under this Article, shall
constitute a debt due the City. The City Attorney, at the direction of
the Chief, shall institute civil suit in the name of the City to collect
any unpaid charges. No civil judgment, or any act by the City Attorney,
the Chief, or the violator shall bar or prevent criminal prosecution for
each and every violation of this chapter
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(9.0)
(50.0) ARTICLE VI
EMISSION LIMITATIONS AND PROHIBITIONS-STANDARDS
OF MEASUREMENT
(50.1.2) Sec. 6.1 Visible Emissions.
It shall be unlawful for any person to cause to be discharged into the
atmosphere, from any combustion or process equipment or any device,
vehicle, incinerator or open fire any air contaminant for a period or
periods aggregating more than five minutes in any one hour which is:
a. As dark or darker than Shade No. 2 on the Ringlemann Chart
published by the United Bureau of Mines, or
b. Of such opacity as to obscure an observer's view to a degree equal
to or greater than described in subsection (a) of this section.
(51.5) Sec. 6.2 Emission of Particulate Matter from Fuel-Burning Equipment.
No person shall cause or allow particulate matter in the gases from any
fuel-burning1 equipment to be emitted into the outdoor atmosphere or to
pass a convenient measuring point near the stack outlet in excess of
0.60 Ibs. per 1,000,000 BTU heat input for fuel burning units using
less than 10,000,000 BTU per hour total input. The allowable paniculate
emission rates for single units using .more than 10,000,000 BTU per hour
total input are set out in Figure 1 on page 21. If two or more
fuel-burning units connect to a single stack * the allowable emission
rate for;the stack shall be the sum of the emission rate allowed each
unit.
(50.1)
(51.9) Sec. S.SjEmission of Particulate Matter from Incinerators.
a. No person shall cause or allow particulate matter in the gases from
any incinerator, refuse-burning equipment or premises to be emitted
into the outdoor atmosphere, or to pass a convenient measuring point
neer the stack outlet, in excess of 0.65 pounds for each 1,000 pounds
of dry flue gases adjusted to 12% carbon dioxide (excluding the
effects of any auxiliary fuel).
b. No person shall cause or allow to be emitted into the outdoor
atmosphere odors which are detectable beyond his premises.
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(50.1.1) Sec. 6.4 Emission of Particulate Matter from Industrial Process Equipment.
The maximum allowable emission of particulate matter from any source
whatever except fuel-burning and refuse-burning equipment is set out
in Table 1 on page 22 hereof. If two or more process units connect to a
single stack, the allowable emission rate for the stack shall be the
sum of emission rate allowed each unit,
(51.16) Sec. 6.5 Storage of Petroleum or other Volatile Products.
i
No person shall place, store or hold in any stationary tank, reservoir
or other container of more than 65,000 gallons capacity, any petroleum
product or mixture of products having a vapor pressure greater than
2.0 pounds per square inch absolute under actual storage conditions,
unless such tank, reservoir or other containers is a pressure tank
maintaining working pressures sufficient at all times to prevent
hydrocarbon vapor or gas loss to the atmosphere, or is designed and
equipped with one of the following vapor-loss control devices, properly
installed, in good working order and in operation:
a. A floating roof, consisting of a pontoon or double-deck type rocf,
resting on the surface on the liquid contents and equipped with a
closure seal, or seals, to close the space between the roof edge and
tank wall. The control equipment provided for in this paragraph shall
not be used if the gasoline or petroleum distillate has & vapor
pressure greater than 12.0 pounds per square inch absolute under
actual storage conditions. All tank gauging and sampling devices
shall be gas tight except when gauging or sampling is taking place,
b. A vapor-recovering system capable of collecting and condensing vapors
so as to prevent their emission into the atmosphere. All tank
gauging and sampling devices shall be gas-tight except when gauging
or sampling is taking place.
c. Other equipment of equal efficiency, provided plans for such equio-
ment are submitted to and approved by the Chief.
(51.16) Sec. 6.6 Loading of Volatile Petroleum Distillates into Tanks and
Trucks, Trailers and Railroad Tank Cars.
/
No person shall load volatile petreleum distillates into any tank, truck
or railroad car unless the loading facility utilizes a submerged fill
pipe or is equipped with a vapor collection and disposal system or its
equivalent, which has been proper!) installed, is in good working order,
is in operation and has been approved by the Chief.
For purposes of this section the term "volatile petroleum distillate" is
defined as any petroleum distillate having a Reid vapor pressure of
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4 pounds per square inch or greater.
For purposes nf this section the term "submerged fill pipe" is defined
as any fill pipe the discharge opening of which is entirely submerged
when the liquid level is 6 inches above the bottom of the tank.
"Submerged fill pipe" wh.en applied to a tank which is loaded frotn the
side is defined as any fill pipe the discharge opening of which is en-
tirely submerged when the liquid is 18 inches above the bottom of the
tank.
(50.2) Sec. 6.7 Sulfur Oxides.
No person shall cause or allow any emission of sulphur oxides
which result in average ground level concentrations exceeding either
0.50 ppm (volume) for any one hour period of 0.10 ppm (volume) for any
24 hour period. These limitations shall not apply to ground level
concentrations occurring on the property from which such emission
occurs.
(9.0) Section 6.8 Stack Emission Test Method.
The latest "A.S.M.E. Test Code for Dust Separating Apparatus*" "A.S.M.E.
Test Code for Determining Dust Concentrations in Gas Streams," or other
'professionally recognized testing procedure may be used to measure stack
emissions after consideration and approval by the Air Pollution Control
Advisory Board.
(51.13) Sec. 6.9 Open Burning.
a. No person shall cause or allow open burning of refuse, unless a
Refuse-Burning Permit has been obtained from the Chief.
b. A Refuse-Burning Permit shall be for a specified time period, not
to exceed one (1) year, and shall show the expiration date on its
face.
c. The open burning of refuse shall be permitted only when it can be
shown that such open burning is absolutely necessary and in the
| public interest. Any person desiring to engage in open burning of
refuse shall file an application for a Refuse-burning Permit with the
Chief. The application shall state the following information end
such additional information as the Chief may require.
\ . . '
I.. The name, address, and telephone number of the person sub-
mitting the application.
2. The type of business or activity involved.
3. The description and exact location, especially in relation to ad-
jacent buildings, of the burning site, any equipment to be used,
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and proposed operating procedures.
4. The schedule of burning operations.
5. The type, quantity and composition of the material to be burned.
6. The reasons no method other than open burning can be economically
used.
7. Evidence that the proposed open burning has been approved as safe
by the Michigan City Fire Department.
c. The Chief may, in his discretion, impose any reasonable restrictions
on open burning which are necessary to prevent the creation of a
nuisance or hazard to the public.
(51.13) Sec. 6.10 Prohibition of Salvage Operations by Open Burning.
No person shall conduct a salvage operation involving open burning, or
allow his property to be used for such burning.
(12.0) Sec. 6.11 Internal Combustion Engine Emission Ljrnvts.
a. No person shall operate, or cause to be operated, upon any street,
highway, public place or private premises within the City &nd sta-
tionary or moving internal combustion engine which emits air contami-
nants for a total of three or more minutes in any one hour which
show darker than shade No. 2 on the Ringelmann Chart, published by
the United States Bureau of Mines.
b. Of such opacity as to obscure an observer's view to a degree equa'l
to or greater than described in Subsection (a) of this section.
(50.7) Sec. 6.12 Nuisance Abatement.
a. It shall be unlawful for any person to cause or allc\v the emission of
air contaminants from any source in such quantity as to endanger the
health, comfort or safety of any person or the public, or to cause or
have a tendency to cause damage or impairment to property or business.
Any emission of air contaminants in excess of the limitations estab-
lished in this ordinance is hereby declared a public nuisance and
shall be unlawful, and may be ordered abated by the Chief. Each
day, subsequent to such an abatement order by the Chief, that the
violation continues shall constitute a separate offense.
b. It shall be unlawful for any person to cause or allow the handling,
transporting, or disposal of any substance or material in such manner
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that it is likely to be scattered by the wind, or become wind-
borne, without taking reasonable preventive measures. It shall be
unlawful for any owner, manager, agent, operator, foreman or other
person to operate or maintain, or cause to be operated or main-
tained, any premises, open area, right of way, storage pile of
materials, vehicle, any construction, alteration, demolition, or
wrecking operation, or any other activity involving materials or
substances likely to be scattered by the wind or to become wind-
borne, without taking reasonable preventive measures.
c. Nothing in any section of this ordinance relating to regulation of
emission of air contaminants shall be construed as authorizing or
legalizing the creation or continuance of a nuisance.
(7.0) Sec. 6.13 Breakdown of Equipment.
Emissions exceeding any of the limits established in Article VI due to
breakdown of any process, fuel-burning, refuse-burning or control
equipment, or related operating equipment, which is beyond the control
of the person owning or operating such equipment, shall not be deemed
to be in violation of Article VI provided that the owner or operator
advises the Chief on the first business day after the breakdown
occurred of the circumstances, and outlines a corrective program
'acceptable to the chief.
(2.0) Sec. 6.14 Circumvention.
No person shall build, erect or install for use in Michigan City, or use
in Michigan City, any material, machine, equipment or device for the
purpose of diluting, concealing or disguising normal emissions. An
increase in the height of or other alteration to a stack so as to
increase ,the stack exit velocity shall not constitute a violation of
this section.
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(2.0) ARTICLE VII
COORDINATION OF DEPARTMENTS
(3.0) Sec. 7.1 Issuance of Permits
No Building Permit for the erection, construction, or alteration of any
building, plant or structure, which will contain fuel-burning or process
equipment which may be a source of air contaminants, shall be issued
by the City Building Inspector or by any department, bureau, division,
officer or employee of the City, until the Chief of the Division of
Air Pollution Control has issued a permit covering the equipment to be
used in the building, plant or structure.
(2.0) Sec. 7.2 Coordination,
It shall be the duty of the various departments, bureaus4 divisions,
officers and employees of the City, having charge of the inspection of the
premises in which such equipment is located, to cooperate with the
Chief to establish that any work authorized by said Building Permit is
done in conformity with the plans and specifications approved by the
-Chief.
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(9.0)
ARTICLE VIII
SAMPLING AND TESTING
Sec. 8.1 Authority to Conduct Tests.
a. The Chief is hereby authorized to conduct, or cause to be con-
ducted, tests for the purposes set forth in this ordinance. Upon
notification by the Chief that emission tests are to be conducted, a
person shall notify the Chief of this descision and of the time and
date of such testing. Such tests shall be conducted in a manner, and
within a period of time, acceptable to the Chief, and a complete,
detailed report of such tests shall be submitted to the Chief. The
Chief may stipulate that a representative of the Division be present
during the conduct of su:h tests.
b. Nothing in this section concerning tests conducted by and paid for
by any person shall be construed as limiting the powers of the
Chief or his representatives to conduct separate or additional tests
on behalf of the City at a reasonable time and at the City's expense,
except as provided in Section 8.3 below.
'Sec. 8.2 Test Facilities and Access.
It shall be the responsibility of the owner or operator of any equipment
to be tested to provide, at his expense, adequate openings in the system
or stack, and safe and easy access thereto, to permit technically valid
samples and measurements to be taken. If a person refuses to supply
test openings, access scaffolding, and other necessary facilities
requested by the Chief for the conducting of emission tests, the Chief
shall notify such person to show cause before him on a day certain, not
less than ten (10) nor more than twenty (20) days from the date of
notice, why said facilities should not be provided end, failing this, why
the equipment should not be sealed.
Sec. 8.3 Test Costs.
If emission tests conducted as a result of the procedures outlined in
Section 8.1 shew that a violation exists, the person or persons liable
for the violation shall be responsible for paying all costs of such tests.
If said tests do not substantiate that a violation exists, then the City
shall be responsible for paying the costs of the tests, provided, how-
ever, if the person liable elects to conduct his own stack emission tests
as stipulated in Section 6.8 and Section 8 l.he shall pay for such tests
irrespective of their outcome. Nothing in this section shall be construed
as relieving the owner or operator of the responsibilities set forth in
Section 8.2.
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ARTICLE IX
VARIANCES
Sec. 9.1 Variance Clause.
Where emission sources in existence prior to the adoption of this
ordinance do not meet the emission limitations noted in Article VI above,
a program to meet the emission limitations stipulated shall be developed
and presented to the Chief by the owner of the equipment causing the
emission. In evaluating such a program the Chief shall take into con-
sideration the following factors:
1. Action taken to control the emission of contaminants with linr.itations
in effect prior to this ordinance.
2. Efficiency of existing control equipment in comparison to that which
would be required to meet the emission limitetions of this ordinance.
3. .Temporary interim control measures intended to minimize existing
pollution levels.
/
4. The effect the source of emission has on ambient air quality in the
City and in the immediate vicinity of the source.
5. The existing degree of control as compared to that of other similar
facilities.
6. The age and prospective life of the facility -In question.
7. The cost of converting or replacing existing equipment. If the
program of compliance is approved by the Chief and endorsed by the
Advisory Board, the program shall become binding on the owner and
shall constitute compliance by the owner with the provisions of this
ordinance. Periodic reports showing the progress of each program for
compliance shall be submitted to the Chief. If the Chief determines
that the program originally submitted by the owner is not being fol-
lowed, the Chief may suspend the program and issue a violation nctice.
In the event the owner of the equipment causing the emission and the
Chief cannot agree on a program of compliance, the matter shall be
referred to the Advisory Board for their determination of a reasonable
program, which, if accepted by the owner, shall be binding on both
the owner .,and the Chief. In making their determination the Advisory
Board shall take into consideration the factors noted in 1 through
7 above.
Sec. 9.2 Specific Variances.
a. Where the presence of uncombined water is the only reason for failure
of an emission to meet requirements of a and b of Section 6.1 of
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this ordinance, such section shall not apply.
b. Experimental procedures on new or existing process, fuel-burning,
refuse-burning or other equipment and/or devices, which may result in
the emission of contaminants, may be conducted with the written ap-
proval of the Chief. Such approval shall be for a period not to
exceed one (1) year. The Chief may impose conditions and limitations
on the conduct of said experimental procedures which he deems reason-
able to minimize any harmful effect of the experimental procedure on
the ambient air. During the period of time said experimental proce-
dures are Conducted with the approval of the Chief, the provisions
and limitations of Article VI shall not apply.
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(2.0) ARTICLE X
SEALING
Sec. 10.1 Sealing.
After sending three notices of violation of this ordinance to a person
within any 12-month period the Chief shall then notify the violator by
registered mail to come before him within ten days for a hearing and
show cause why the equipment or premises in violation should not be
sealed. The notice shall be directed to the last known address of the
person responsible for the last violation or, if the person or his
whereabouts is unknown, then the notice shall be posted on or near the
premises at which the violations have occurred. The violator, his
agent or attorney, may testify and present evidence at the hearing. If,
upon consideration of the evidence, the Chief finds that adequate
corrective measures have not been taken, he shall seal the equipment or
premises until corrective measures are taken. The decision of the
Chief to seal the equipment or premises may be appealed to the Appeals
Board as set forth in Section 2.6, and such appeal shall stay the sealing
until the Appeals Board rules on the matter. If the Appeals Board shall
reverse the decision of the Chief, this ruling shall preclude the
'Chief from sealing the equipment. It shall be unlawful for any person to
break a seal that has been duly affixed by the Chief or his authorized
representative unless authorized in writing by the Chief to do so. If
the decision cf the Chief is upheld by the Appeals Board, it shall be
subject to judicial review as provided in Section 2.6 of this ordinance.
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(15.0) ARTICLE XI
RIGHT OF ENTRY
Sec. 11.1 Right of Entry for Inspection.
Any person who In any manner interferes with the Chief, or his
designated representatives in the performance of their duty» or who
refuses entry at reasonable hours to any premises on which equipment
covered by this ordinance is being operated, shall be in violation of
this ordinance.
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(2.0) ARTICLE XII
PERSONS LIABLE
Sec. 12.1 Persons Liable.
All persons owning, operating, or in charge or control of any equipment
or premises who shall cause, allow or participate in any violation of
this ordinance shall be individually and collectively liable for any
penalties imposed by this ordinance. Such liability shall apply to any
person refusing to comply with or who shall assist in the violation
of any of the provisions of this ordinance.
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(2.0) . ARTICLE XIII
PARTY TO CLAIMS OR ACTIONS
Sec.... 13.1 Claims or Actions.
All claims or actions filed by or against the Chief, Air Pollution
Advisory Board, or the Board of Health shall be brought in the name
of or filed against the City of Michigan City, Indianar a municipal
corporation.
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(15.0) ARTICLE XIV
PENALTIES FOR VIOLATIONS
Sec. 14.1 Penalties.
Any person who shall violate any of the provisions of this ordinance shall,
upon conviction thereof, pay a fine of not less than ten dollars ($10.00)
nor more than three humdred dollars ($300.00) for each violation, to
which may be added imprisonment for a term not to exceed one hundred and
eighty (180) days.
Each stack, open fire or other point from which an unlawful emission is
discharged shall constitute a separate violation of this ordinance. A
separate and distinct offense shall be regarded as committed each day on
which such person shall continue or allow any such violation to exist
after notification thereof by the Chief.
Any abatement provided for in Article VI shall be in addition to any
penalties prescribed in this section.
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(15.0) ARTICLE XV
PROCEDURE FOR PERSONS NOTIFIED OF VIOLATIONS
i . '
Sec. 15.1 Violation Notice.
a. If the Chief believes that the emission from a specific source
exceeds the limitations set forth in Article VI, he shall send by
Certified Mail a Violation Notice to the person responsible.
b. Any person receiving a Violation Notice may, within ten days,
submit reasons and supporting data to the Chief why he believes he
. was not in violation of Article VI. The Chief shall review the data
submitted, affirm or withdraw the Violation Notice within fifteen
(15) days, and inform in writing the person receiving said notice
of his decision. If the person receiving the Violation Notice fails
to reply within ten (10) days, the violation shall be considered
affirmed.
c. Within ten (10) days of the receipt of a decision by the Chief
affirming said Violation Notice, the person cited may appeal the
decision to the Appeals Board. The Appeals Board shall, within thirty
(30) days, review the reasons and supporting data, sustain or
overrule the Violation Notice, and inform the Chief and the
appellant, in writing, of its decision. Within ten (10) days of
receipt of the Chief's decision, or of the decision of the Appeals
Board, the person cited may ask that emission tests be performed to
determine whether the emission limitations set forth in Article VI
are in fact being exceeded. If the tests indicate that the emission
exceeds the maximum allowable emission standards applicable under
Article VI, the Violation Notice shall be considered substantiated.
If the tests indicate that the emission is equal to or less than
the standard applicable to the operation under Article VI,the
Violation Notice shall be considered void.
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(2.0) ARTICLE XVI
SEVERABILITY
Sec. 16.1 Severability.
If any clause, sentence, paragraph or part of this ordinance, or the
application thereof to any person, firm, corporation or circumstances,
shall for any reason be adjudged by a Court of competent jurisdiction
to be unconstitutional or invalid, said judgment shall not affect,
impair or invalidate the remainder of this ordinance and the application
of such provision to other persons, firms, corporations or circumstances,
but shall be restricted in its application to the clause, sentence»
paragraph or part thereof directly involved in the matter in which such
judgment have been rendered and to the person, firm, corporation or
circumstances directly involved. It is hereby declared to be the legis-
lative intent of the Council that this ordinance would have been adopted
had such invalid provisions not been included.
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(2.0) ARTICLE XVII
REPEAL CLAUSE
Sec. 17.1 Repeal Clause.
All laws heretofore passed by the Common Council of the City of Michigan
City, Indiana, dealing with air pollution, and specifically including
Ordinance #791, entitled "An Ordinance Defining a Smoke Nuisance and
providing a Penalty for the Violation Thereof," are hereby repealed.
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Process Weight Rate
Lb/Hr Tons/Hr
TABLE I
ALLOWABLE RATE OF EMISSION
BASED ON PROCESS WEIGHT3
Rate of
Emission
Lb/Hr
Process Weight Rate
Lb/Hr Tons/Hr
Rate of
Emission
Lb/Hr
100
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000 .
6,000
7,000
8,000
9,000
10,000
12,000
I '
0.05
0.10
'0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2. Op
2.50
3.00
3.50
4. 00
4.50
5.00
6.00
0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.96
• 6.52
7.58
8.56
9.49
10.4
11.2
12.0
13.6
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000
8.00
9.00
10.
15.
20,
25.
30.
35.
40.
45.
50.
60.
70.
80.
100.
500.
1,000.
3,000.
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7
Interpolation of the data in this table for process wsight rates up
to 60,000 Ib/hr shall be accomplished by use of the equation E=4.10
pO.67, and interpolation and extrapolation of the data for process
weight rates in excess of 60,000 Ib/hr shall be accomplished by use
of the equation;
E = 55.5 pO:ll - 40, where E = rate of emission in Ib/hr and
P = process weight in tons/hr.
or, for those processes whose weight exceeds 200 tons/hour, the
maximum allowable emission may exceed that shown in Table 1, provided
that the concentration of particulate matter in the discharge gases
to the atmosphere is less than 0.10 pounds per 1,000 pounds of gases.
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I
co
in
O
i
IHPUT-HUllON BTU/HR.
PARTICULATE EM1SSIOH LIMITS
FIGURE 1
-------
WAYNE COUNTY AIR QUALITY CONTROL ORDINANCE
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ORDINANCE TO REGULATE ATMOSPHERIC EMISSIONS AND CONTROL AIR QUALITY
WITHIN JURISDICTION OF THE WAYNE COUNTY HEALTH DEPARTMENT, WAYNE COUNTY,
INDIANA.,
(2.0) ARTICLE 1
GENERAL PROVISIONS
(2.0) Sec. .1.1 - Short Title
This ordinance shall be known and cited as the Wayne County Air Quality
Control Ordinance.
(2.0) Sec. 1.2 - Purpose
(A) The purpose of this ordinance is 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 people, promote the social and economic envelopment of Wayne
County, and facilitate the enjoyment of the natural attractions of
this county.
(B) To these ends it is the purpose of this ordinance to provide a
program of air pollution prevention, abatement and control.
(1.0) Sec. 1.3 - Definition of terms
The following terms as used in this ordinance shall, unless the context
otherwise requires, have the following meanings:
(A) Control Equipment - Any equipment which has the function of controll-
ing a process, fuel burning, or refuse burning and thus reduce the
creation of, or the emission of air contaminants to the atmosphere,
or both.
(B) Emission - The act of passing into the atmosphere of an air contam-
inant, or the material so passed to the atmosphere.
(C) Fuel burning Equipment - Any equipment, device or contrivance used
for the burning of any fuel and all appurtenances thereto, including
ducts, breaching, control equipment, fuel burning equipment, ash
removal equipment, combustion controls, stacks, chimneys, etc.,
used for indirect heating in which the material being heated is not
contacted by and adds no substance to the products of combustion.
Such equipment typically includes that used for heating water to
boiling, raising steam, or super heating steam, heating air as in a
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warm air furnace, furnishing process heat that is conducted through
process vessel walls, and furnishing process heat indirectly through
its transfer by fluids.
(°) Health Officer - The term "Health Officer" shall mean the Health
Officer of Wayne County, State of Indiana, or his duly authorized
representative.
(E) Opacity - State of a substance which renders it partially or wholly
impervious to the rays of light. Opacity as used in this ordinance
refers to the obscuration of an observer's view.
(F) Process Equipment - Any equipment, or device, or contrivance for
changing any materials whatever or for storage or handling of
any materials, and all appurtenances thereto, including ducts,
stacks, vents, etc., the use or existence of which may cause any
discharge of air contaminants into the outdoor atmosphere, but
not including that equipment specifically defined as fuel burning
equipment in this ordinance.
(G) Refuse Burning Equipment - Any incinerator, equipment, device, or
contrivance used for the destruction of refuse, and/or other
combustible wastes by burning, and all appurtenances thereto.
(H) Wayne County - The term "Wayne County11 shall mean those rural and
urban areas located in the State of In.liana which are under the
jurisdiction of the Wayne County Health Officer.
(I) All other definitions as contained in the State of Indiana Air
Pollution Control Regulations which pertain to Wayne County,
State of Indiana, except the terms "Board" and "Technical Secretary"
shall apply in the interpretation and enforcement of this ordinance.
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(2.0) • ARTICLE 2
ADMINISTRATIVE ORGANIZATION
(15.0) Sec> 2.1 - Administrative Organization and Enforcement
(A) This ordinance shall be effective territorially throughout Wayne
County, State of Indiana.
(B) The administration and enforcement of this ordinance shall be
conducted by the Wayne County Health Department, under the
direction of the Health Officer.
(C) The Health Officer is hereby vested with the authority hereinafter
provided to control air pollution in Wayne County.
(15.0) Sec. 2.2 - Powers and Duties of the Health Officer
(A) The Health Officer shall perform such duties as are required relative
to air pollution control. He shall supervise and control all
matters and things pertaining to air pollution as orovided in this
ordinance.
/
(B) Determine by means of field studies and sampling the degree of air
contamination and air pollution in Wayne County.
(C) Perform any and all acts which may be necessary for the successful
prosecution of the purpose of this ordinance and such other acts
as may be specifically enumerated iierin.
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(2.0) ARTICLE 3
STANDARDS AND RECOMMENDED PRACTICES
Sec. 3^.1— Adopted Standards or Recommended Practices
1
I
Where reference is made in this ordinance to the standards or recommended
practices of national technical societies, association, or other
organizations, such information shall form and be considered an integral
part of the ordinance in the same manner and extent as if fully
reporduced therein. Not less than two copies of such standards or
recommended practices shall be kept on file at all times in the
office of the Auditor, Wayne County, State of Indiana, and shall be
available for inspection by the public.
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(3.0) ARTICLE 4
, INSTALLATION AND OPERATIONAL PERMITS
Sec. .4,1..- Installation permit
No person shall construct, install, reconstruct, or alter any process,
fuel burning, refuse burning, or control equipment which will or might
reasonably be expected to become a source of air contaminant, for use
in Wayne County until an application, including not less than two sets of
properly prepared plans and specifications of the process, fuel burning*
refuse burning, or control equipment and structures or buildings used in
connection therewith, have been filed by the person or his agent in the
office of, and has been approved by, the Health Officer, and until an
installation permit has been issued by the Health Officer for such
construction, installation or alteration.
(A) The Health Officer shall not issue an installation permit until
plans and specifications have been approved by the Indiana State
Board of Health or a Registered Professional Engineer employed or
Acting in a consulting capacity for the Wayne County Health
Department.
(B) Information Required - The Health Officer may require that applica-
tions for installation permits and certificates of operation shall
show the description, form and dimensions of the equipment; the
means provided for admitting air for combustion; the composition of
the fuel to be used; the kind and amount of raw materials to be
processed; the number and location of each emission point, and any
other reasonable and pertinent information that may be requested
by the Health Officer.
(C) Emergency Repair - An emergency repair may be made prior to the
application for an installation permit if serious consequences may
result if the repair were deferred. When such repair is made, the
person concerned shall notify the Health Officer on the first
business day after the emergency occurecj and file an application for
an installation permit if directed to do so by the Health Officer.
(D) Actions on Permit Applications - An application shall be acted on
within thirty (30) days after it is filed in the office of the
Health,Officer. The Health Officer shall notify the person applying
for the permit, of approval or reasons for rejection of the
application in writing. Upon approval of the application, the
Health Officer shall issue a permit for the contructior, installa-
tion, or alteration of such process, fuel burining, refuse burning
or control equipment.
(E) Applicability of the Permit - No construction.: installation,
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or alteration, shall be made which is not in accordance with the
plans, specifications, and other pertinent information upon which the
installation permit was issued without the written approval of the
Health Officer.
(F) Permit Violation - Failure to obtain an installation permit in
accordance with this section shall be sufficient cause for the
Health Officer to stop all work in connection with said equipment
and he is hereby authorized to seal said equipment. No further
work shall be done until the Health Officer has determined that
the condition in question will be corrected and that the work will
proceed in accordance with the terms of this ordinance.
V
(G) Time Limits on Permits - If construction, installation, reconstruction,
or alteration is not completed within one(l) year of the date of the
installation permit, the permit shall become void unless an extension
of time is warranted and granted by the Health Officer.
Sec, 4.2 - Operational Permit
No person shall operate or cause to be operated any fuel burining,
refuse burning, process, or control equipment or any equipment pertain-
ing therto for which an installation permit was required or was issued
under this ordinance until an .inspection has been mad* and an opera-
tional permit has been issued by the Health Officer. The person responsible
for the installation, construction, or alteration of any process, fuel
burning, refuse burning, or control equipment for which an installation
permit is required, shall notify the Health Officer when the work is
completed and ready for final inspection. If the final inspection
demonstrates to the satisfaction of the Health Officer, that the process
fuel burning, refuse burning, or control equipment can be operated in
compliance with this ordinance, an initial operational permit s^all be
issued by the Health Officer.
(A) Emission tests may be required by the Health Officer before the >
issuing of an initial operational permit. Failure to operate
successfully under test within the limitations and requirements
of this ordinance shall constitute sufficient grounds for order-
ing changes in the process, fuel burning, refuse burning, or control
equipment or appurtenances before an initial operational permit
can be granted.
(B) When the Health Officer refuses to issue an operational permit, the
Health Officer is authorized to seal the process, fuel
burning, refuse burning, or control equipment until the person
required, to procure the operational permit shall have complied with
the provisions of this ordinance.
(C) No equipment shall be operated for any other purpose or in any
other manner than that for which an operational permit has been
issued unless otherwise authorized in writing by the Health Officer.
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(D) Said operational permit shall be kept posted on or near the
installation for which it was issued. The operational permit shall
properly identify the equipment to which it pertains and shall
specify the class of fuel, type of refuse, type of raw material used,
if any, which have been successfully used in the operating test.
The initial operational permit shall remain in force until termin-
ated by any of the provisions of this ordinance.
(E) Operational permits shall also be required on all fuel burning, refuse
burning, process or control equipment existing prior to the adoption
of this ordinance. Application for permits must be submitted to
the Health Officer within six months after the adoption of this
ordinance,
(F) The Health Officer may require application for renewal of operational
permits on those installations for which an installation parmit was
obtained, and on equipment existing prior to the adoption of this
ordinance. Such operational permits shall not be required more often
than once per year. The Health Officer is herby authorized tc seal
any equipment for which an operational permit is required and has not
been issued; Installation permits and operational permits shall not
be transferable.
Section 4.3 - Exceptions
Section 4.1 and 4.2'shall not apply to the following equipment, systems
or situations unless required by the Health Officer.
(A) Confort heating equipment, boilers, water heaters, air heaters, and
steam generators with 3 rated capacity of less than one million BTU
per hour.
(B) Fuel burning equipment and incinerators used singly or jointly by
occupants of dwellings containing four or less apartment units.
(C) Comfort ventilating systems.
(D) Unit space heaters.
(E) Vacuum cleaner systems used exclusively for commercial or residential
housekeeping.
(F) Laboratory hoods which exhaust to outer air.
(G) Exhaust systems for controlling steam and heat.
(H) Fuel Burning equipment using as fuel only natural gas, or L.P. gas,
or a mixed gas distributed by a utility in accordance with the rules
of the Public Service Commission of the State of Indiana.
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Sec. 4.4'- Registration of Emissions
The Health Officer - may require the written registration of points of
emission of eir contaminants, whether by stack, duct, flue, equipment,
or by any other means when, in this opinion, such information is
necessary for the conduct of the work of the department. A period of
sixty (60) days shall be allowed for the filing cf such registration.
However, in cases of emergency, the Health Officer may designate any
lesser time which he believes to be justified. The Health Officer is also
authorized to require information from air contaminate sources at any time.
Such information may include the location of the source of emission,
size and height of outlets, processes employed, fuels used, nature of
emissions, rate or duration of emissions, and such other information as
the Health Officer shall prescribe and is relevant to air pollution.
Sec. 4.5 - Suspension and Revocation of Installation and Operational Permits
(A) Any pennit may be temporarily suspended by the Health Officer
without a hearing, for a period not to exceed thirty (30) days,
upon violation by the holder of any of the terms of this ordinance.
(B) Any permit may be revoked after an oportunity for a hearing by the
Health Officer upon serious or repeated violations.
Sec. 4.6 - Prosecution of Ordinance Violations
The issuance by the Health Officer of any installation permit or opera-
tional permit shall not be held to exempt the person to whom the permit
was issued or who is in possession of the same, from prosecution ror
the emission of air contaminants prohibited by this ordinance.
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(2.0) ARTICLE 5
EMISSION LIMITATIONS AND PROHIBITIONS
(2.0) Sec 5.1 - State Regulations
All State of Indiana Air Pollution Control Regulations applicable to
Wayne County are hereby incorporated in this ordinance. Such existing
regulations as now provided, and any future regulations and any changes
and amendments thereto which may hereafter be adopted or promulgated by
the Air Pollution Control Board of the State Of Indiana (or other official
state board or agency given this authority in the future) are by
reference incorporated herein and made a part hereof. Such regulations
shall form and be considered an integral part of this ordinance in the
same manner and extent as if fully reproduced therein. Not less than twc
copies of such regulations shall be on file in the office of the Auditor,
Wayne County, State of Indiana, for public inspection.
(A) EXCEPTIONS:
(1) The term "Board" as used in the State of Indiana Air Pollution
Control Regulations shall be defined as the Health Officer of
Wayne County, State of Indiana.
(2) Backyard incineration as exempted in the State of Indiana Air
Pollution Control Regulation APC - 2 shall include only
backyard incineration in unincorporated areas in Wayne County.
Backyard incineration is thereby prohibited in all incorporated
areas in Wayne County, State of Indiana.
(a) Any refuse burning equipment used for backyard incinera-
tion shall be multiple chamber or equivalent incinerators
approved by the Health Officer.
(b) The Health Officer may impose any reasonable restrictions
on open burning in unincorporated areas which are
reasonably required to prevent the creation of a nuisance
or hazard to health.
(c) Enforcement of provisions of Section 5.1 (A) (2) above,
may be carried out by authorized law enforcement
personnel in Wayne County, State of Indiana.
(3) No refuse burning equipment shall be used for the burning of
refuse unless such equipment is a multiple chamber or equivalent
incinerator. Existing refuse burning equipment which is not
multiple chamber or equivalent, may be altered, modified or
rebuilt as may be necessary to meet this requirement, or found
by the Health Officer to be of equivalent efficiency.
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(4.1) Sec. 5.2 - Ambient Particulate Emission
No person shall cause, suffer, allow or permit the emission of particulate
matter from any single or multiple point source that will result in a
maximum ground level-ambient concentration which exceeds fifty (50) micro*
grams per cubic meter above the average ambient particulate level upwind
from the single or multiple point source. These particulate levels shall
not exceed fifty (50) micrograms per cubic meter of particulate matter
during any one hour period.
(12.0) Sec. 5.3 - Motor Vehicles
No perso'n shall operate, or cause to be operated, upon any street,
highway, public place or private premises within the jurisdiction of the
Wayne County Health Department, any engines of any motor vehicle, while
stationary or moving, which emits from any source of emission whatsoever
any air contaminant for a period or periods aggregating more than five
minutes in any one hour which is:
(A) As dark or darker than that which is designated as No. 2 on the
Ringelmann Chart, as published by the United States Bureau of
Mines or:
t
(B) Of such opacity as to obscure an observer's view to a degree equal
to or greater than does smoke described in subsection (A) of this
section.
(50.7) Sec. 5.4 - Nuisance
(A) It shall constitute a nuisance for any person to permit or cause the
emission of such quantities of air contaminants from whatever source
in such place or manner as to endanger the health, comfort, or safety
of any person or the public, or in such a manner as to cause or have a
tendency to cause injury or damage to property or business.
(B) It shall be unlawful for any person to cause or permit the handling,
transporting, or disposition of any substance or material which is
likely to be scattered by the wind, or is susceptible to being wind
borne, without taking reasonable precautions or measures, as determined
by the .Health Officer, to minimize atmospheric pollution.
(C) It shall be unlawful for any person to operate or maintain, or cause to
be operated or maintained, any premises, open area, right of way, stor-
age pile of materials, or vehicle, or construction, alteration, demoli-
tion, or wrecking operation, or any other enterprise, which involves
any material or substance likely to be scattered by the wind, or sus-
ceptible to being windborne, without taking reasonable precautions or
measures, as determined by the Health Officer, to minimize pollution.
(D) Nothing in any section of this ordinance relating to regulation of
emission of air contaminants shall in any manner be construed as auth-
orized or legalizing the erection or maintenance of a nuisance.
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(8.0) Sec. 5.5 - Emergency Procedure
Any provisior. of this ordinance to the contrary notwithstanding, if the
Health Officer finds that emission from the operation of one or more air
contaminants 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
and such'an order shall fix a place and time not later than twenty four
hours thereafter for a hearing to be held before the .Uayne County Board
of Health, Wayne County, State of Indiana. Not more than Twenty four hours
after the commencement of such a hearing, and without adjournment thereof,
the Board of Health shall affirm, modify or set aside the order of the
Health Officer. Nothing in this article shall be construed to limit any
power which the Health Officer 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.
(2.0) Sec. 5.6 - Circumvention
No person shall build, erect, install, or use any article, machine,
equipment or other ccntrivance, the sole purpose of which, is to conceal
/ an emission without resulting in a reduction in the total release of
air contaminants to the atmosphere.
(9.0). ARTICLE 6
SAMPLING-AND TESTING
Sec. 6.1 - Right of Entry for Inspection
Any person who in any manner, hinders, obstructs, delays, resists, prevents,
or in any manner interferes or attempts to interfere with the Health ;
Officer, or law enforcement officers, in the performance of their duties,
of shall refuse to permit the Health Officer or law enforcement officers
to perform their duties by refusing their entrance at reasonable hours to
any premises in which the provisions of this ordinance are being
violated or are suspected of being violated, or refuse to permit the
inspection or examination of such premises for the purpose of the enforce-
ment of this ordinance, shall be subject to the fines and penalties
hereinafter)provided.
Sec. 6.2 - Authority to Conduct Tests
(A) The Health Officer is hereby authorized to conduct or require to
be conducted, any test or tests of any new or existing process, fuel
burning, refuse burning, or control equipment the operation of which,
in his opinion, may result In emissions in excess of the limitations
in this ordinance or when, in his judgement, there is evidence that
emissions from any such equipment are exceeding any emission limita-
tions prescribed in this ordinance. Upon notification by the
Health Officer that emission tests are considered necessary, it shall
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be the responsibility of the person so notified to conduct the
necessary tests at his expense. The person shall notify the Health
Officer of the time and date of such testing. All tests so
conducted shall be in a manner acceptable to the Health Officer, and
a complete detailed test report of such tests shall be submitted to
the Health Officer. The Health Officer may stipulate that a
representative of his office be present during the conduct of
such tests and may stipulate a reasonable time limit for the comple-
tion of such tests.
(B) Nothing in this section concerning tests conducted by and paid for
by any person or his authorized agent shall be deemed to abridge the
rights of the Health Officer to conduct separate or additional
tests of any process, fuel burning, refuse burning, or control
equipment.
Sec. 6.3 - Test Facilities and Access
It shall be the responsibility of the owner or operator of the operation
tested to provide, at his expense, reasonable and necessary openings in
the system or stack, and safe and easy access thereto, to permit
technically valid samples and measurements to be taken. All new sources
of air contaminants erected after the effective date of this ordinance
may be required by the Health Officer to provide adequate openings in
the system or stack, and safe and easy access thereto, to permit tech*
nically valid measurements and samples to be taken. If a person refuses
to supply test openings, access scaffolding, and other.pertinent
facilities requested for the purpose of conducting valid emission.tests by
the Health Officer, the Health Officer shall notify such person to show
cause on a day.certain, not less than ten nor more than twenty days
from the date of notice, why the equipment should not be sealed.
Sec. 6.4 - Test Costs
All emission tests conducted as a result of procedures outlined in
Section 6.2 and the cost thereof, shall be borne by the owner of the
operation tested.
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(5.0) ARTICLE 7
VARIANCES
(2.0) Sec. 7.1 - Existing Conditions
(A) Variances granted by the State of Indiana, Air Pollution Control
Board prior to the adoption of this ordinance shall be valid and
not in conflict with this ordinance.
(B) Where emission sources in existence prior to the adoption of
this ordinance do not meet the emission limitations that are here-
after incorporated hereinv then a program and timetables to comply
shall be submitted to the Health Officer by the owner of the equip-
ment causing the emission. This program shall be submitted upon the
request of and within such times as shall be fixed by the Health
Officer and after said program has been approved by the Health
Officer. The owner of the equipment causing the emission shall net
be in violation of this ordinance so long as said program is observed.
The Health Officer may require periodic reports consisting of informa-
tion indicating the progress of these programs. If the program is
not followed, the Health Officer may suspend the program and may
take any enforcement action necessary, as authorized in this
ordinance.
(5.0) Sec. 7.2 - Special Variances
The Health Officer shall have the authority to grant special variances
from the,rules and regulations of this ordinance. The only reason for
granting such special variances is the following:
(A) The emissions occuring or proposed to occur do not endanger or
tend to1 endanger human health or safety.
(B) There is no practical means known or available for the adequate
prevention, abatement or control of the air pollution involved.
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(14.0) ARTICLE 8
CONFIDENTIALITY OF CERTAIN RECORDS
Sec. 8.1 - Confidentiality of Certain Records
Any records'or other information furnished to the Health Officer
concerning one or more air contaminant sourcesj which records or
information, as certified by-the owner or operator, relate to pro-
duction or sales figures or to processes or production unique to the
owner or operator or which tend to affect adversely the competitive
position of such owner or operator, shall be only for the confidential use
of the Health Officer in the administration of this ordinance, unless such
owner or operator shall expressly agree to their publication or availa-
bility to the general public or unless the disclosure of such information
if required for the prosecution of a violation of this ordinance or regula-
tions thereunder. Nothing herein shall be construed to prevent the
use of such records or information by the Health Officer in compiling
or publishing analyses of summaries relating to the general condition of
the outdoor atmosphere: provided that such analyses or summaries do not
identify any owner or operator or reveal any information otherwise
' confidential under this Section.
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(2.0)
ARTICLE 9
PERSONS LIABLE
Sec. 9.1 - Persons Liable
All persons.owning, operating, or in charge or control of any equip-
ment or premises who shall cause, suffer, allow, permit, or participate in
any violation of this ordinance shall be individually and collectively
liable for any penalties imposed b> this ordinance. This liability shall
include any person who shall refuse to comply with or who shall assist
in the violation of any of the provisions of this ordinance.
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(15.0) ARTICLE 10
PROCEDURES FOR VIOLATIONS
Sec. 10.1 - Warning Notice
If the Health Officer has reason to believe that an emission from any
source violates any provision of this ordinance, he may issue a warn-
ing notice to the owner or operator of the source in question. The notice
shall describe the alledged violation and, if appropriate, shall suggest
what should be done to comply. There shall be no penalty associated with
a warning notice. The Health Officer shall provide for follow up inspec-
tions of each source for which a warning notice has been issued to
determine whether compliance has been achieved or if additional proce-
dures of this article should be envoked.
Sec. 10.2 - Violation Notice
If the Health Officer has reason to believe that an emission from any
source violates any provision of this ordinance, he may issue to the :
owner or operator of the source in question a violation notice. Any
x person who is issued a violation notice may, within fifteen days from the
date of receipt of said notice, submit data to the Health Officer
indicating reasons why he does not believe he was in voilation or present
substantive evidence, including operating records to establish that a
violation resulted from a malfunction or breakdown of equipment beyond the
control of the person owning or operating such equipment. The Health
Officer shall review the data submitted and within fifteen days affirm
or withdraw the violation notice. The person receiving said notice shall
review the data submitted and within fifteen days affirm or withdraw. If
data.is not submitted to the Health Officer within the time stipulated,
the violation notice shall be considered still in force and affirmed.
The recipient, of a violation notice may ask, within ten days after the
receipt gf the Health Officers decision to affirm the violation notice that
emission tests be performed to determine the extent of emissions from
the operation which is the subject of the violation notice. If the
emission tests indicate that a provision of this ordinance has been
violated, the violation notice shall be considered substantiated. If the
emission tests indicate that the source is not in violation the viola-
tion notice shall be considered void.
Sec. 10.3 - Sealing
If the Health Officer should determine that the owner of equipment, upon
which a violation notice has been served, has not taken steps to comply
therewith, he may notify said owner to show csuse to the Health Officer,
within ten (10) days, why the offending equipment shall not be sealed.
The notice shall be delivered or sent, by registered or certified mail to
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the last address of the person to be notified or if the person or his
whereabouts are unknown, then the notice shall be posted on or near
the premises at which the violations have occured. If upon the hearing,
the Health Officer finds that adequate corrective measures have not been
taken, he shall seal the equipment until such time as corrective
measures are taken. The seal may be a stamp, tag or other device that can
be affixed to the equipment or premises causing the violation. It shall
be unlawful for any person to operate such equipment to which a seal has
been duly affixed by the Health Officer.
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(15.0) ARTICLE 11
PENALTIES FOR VIOLATIONS
Sec. 11.1 - Penalties
Any peron who violates any of the provisions of this ordinance shall
upon conviction thereof, pay a fine of not less than ten dollars
($10.00) nor more than one thousand dollars ($1,000.00) for each
violation, to which may be added imprisonment for a term not to exceed
ninety (90) days.
The Wayne.County Health Department shall be represented by the County
Attorney, or a special attorney employed by the local board of health.
Sec. 11.2 - Seperate Offense
Each day that a violation of any provision of this ordinance occurs
shall constitute a separate offense; and an unlawful emission from each
chimney, stack, open fire, or other source shall also constitute a
separate offense. A separate and distinct offense shall be regarded
as committed each day during which a person shall continue or permit any
' violation to exist after notification therof by the Health Officer.
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(2.0) ARTICLE 12
SEVERABILITY
Sec. 12.1 - Severabllity
If any clause, sentence, paragraph or part of this ordinance, or the
application thereof to any person, firm, corporation or circumstance,
shall for any reason, be adjudged by a court of competent jurisdiction
to be unconstitutional or invalid, said judgement shall not affect,
impair or invalidate the remainder of this ordinance, and the application
of such provision to other persons, firms, corporations> or circum-
stances, but shall be confined in its operation to the clause, sentence,
paragraph or part thereof directly involved in the controversy in which
such judgement shall have been rendered and to the person, firm, corpora-
tion or circumstances involved.
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(2.0)
ARTICLE 13
REPEAL CLAUSE
Sec. 13.1 - Repeal Clause
All laws and parts of laws heretofore passed by the County Commissioners
of Wayne County in conflict herewith, dealing with the problem of air
pollution are hereby repealed.
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(2.0) ARTICLE 14
ADOPTION
Sec. 14.1 - Adoption
This ordinance shall be in full force and effect from and after its
passage and adoption by the Board of Commissioners of Wayne County,
State of Indiana.
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FEDERALLY PROMULGATED
REGULATIONS
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(10 o) 52.780 Review of new sources and modifications.
(d) Limited regulation for the review of new sources and modifications.
(1) This requirement is applicable to any coal burning equipment
other than smokehouse generators, having a heat input of
between 350,000 Btu per hour (38.2 Mg-cal/h) and 1,500,000
Btu per hour (378.0 MG cal/h), the construction Of which was
commenced after May 14,1973.
(2) No owner or operator shall commence construction or modifica-
tion of any coal burning equipment subject to this regulation
without first obtaining approval from the Administrator of the
location and design of such source.
(i) Application for approval to construct or modify shall
be made on forms furnished by the Administrator.
(ii) A separate application is required for each source.
(iii) Each application shall be signed by the applicant.
(iv) Each application shall be accompanied by site
' information, plans, descriptions, specifications, and
drawings showing the design of the source, the
nature and amount of emissions, and the manner in which
it will be operated and controlled.
(v) Any additional information, plans, specifications,
evidence, or documentation that the Administrator may
require shall be furnished upon request.
(3) No approval to construct or modify will be granted unless the
applicant shows to the satisfaction of the Administrator that:
i
(i) The source will operate without causing a violation
of any local, State, or Federal regulation which is part
of the applicable plan; and
(ii) The source will not prevent or interfere with attain-
ment or maintenance of any national standard.
(4) (i) Within twenty (20) days after receipt of an application
to construct, or any addition to such application, the
Administrator shall advise the owner or operator of any
deficiency in the information submitted in support of the
application. In the ever.t of such a deficiency, the date
of receipt of the application for the purposes of para-
graph (d) (4) (ii) of this section, shall be the date on
which all required information is received by the
Administrator.
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(ii) Within thirty (30) days after receipt of a complete
application, the Administrator shall:
(a) Make a preliminary determination whether the source
should be approved, approved with conditions, or
disapproved.
(b) Make available in at least one location in each
region in which the proposed source would be 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 ether materials,
if any, considered by the Administrator in making his
preliminary determination; and
(c) Notify the public, by prominent advertisement in a
newspaper of general circulation in each region in
which the proposed source would be constructed, of the
opportunity for written public comment on the informa-
tion submitted by the ov;ner or operator and the
Administrator's preliminary determination on the
approvability of the source.
(iii) A copy of the notice required pursuant to this sub-
paragraph shall be sent to the applicant and to state and
local air pollution control agencies, having cognizance
over the location where the source will be situated.
(iv) Public comments submitted in writing within thirty (30) days
after the date such information is made available shall be
considered by the Administrator in making his final decision
on the acplication. No later than ten (10) days after the
close of the public comment period, the applicant may
submit a written response to any comment 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.
i
(v) The Administrator shall take final action on an application
within thirty (30) days after the close of the public
comment; period. The Administrator shall notify the appli-
cant 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 i.n at least
one location in the region in which the source would be
located.
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(vi) The Administrator may extend each of the time periods
specified in paragraph (d) (4) (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.
(4) (i) Within twenty (20) days-.after receipt of an application to
construct, or any addition to such application, the Ad-
ministrator shall advise the owner or operator of any
deficiency in the information submitted in support of the
application. In the event of such a deficiency, the date
of receipt of the application for the purpose of paragraph
(d) (4) (ii) of this section, shall be the date on which
all required information is received by the Administrator.
(ii) Within thirty (30) days after receipt of a complete
application, the Administrator shall:
(a) Make a preliminary determination whether the source
should be approved, approved with conditions, or
disapproved.
(b) Make available in at least one location in each region
in which the proposed source would be constructed, a
copy of all materials submitted by the owner or
operator, a copy of the Administrator's preliminary
determination and a copy or summary of other materials,
if any, considered by the Administrator in making his
preliminary determination; and
(c) Notify the public, by prominent advertisement in a
newspaper of general circulation in each region in
which the proposed source would be constructed, of the
opportunity for written public comment on the informa-
tion submitted by the owner or operator and the
Administrator's preliminary determination on the
approvability of the source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to state and
local air pollution control agencies, having cognizance over
the location where the source will be situated.
(iv) Public comments submitted in writing within thirty (30)
days after the date such information is made available
shall be considered by the Administrator in making his
final decision on the application. No later than ten (10)
days after the close of the public comment period, the
applicant may submit a written response to any comment
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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 application
within thirty (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 notifi-
cation shall be made available for public inspection in at
least one location in the region in which the source would
be located.
(vi) The Administrator may extend each of the time periods
specified in paragraph (d) (4) (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.
(5) The Administrator may impose any reasonable conditions upon
an approval, including conditions requiring the source to be
provided with: '
(i) Sampling ports of a size, number, and location as the
Administrator may require,
(ii) Safe access to each port,
(iii) Instrumentation to monitor and record emission data,
and
(iv) Any qther sampling and testing facilities.
(6) The Administrator may cancel an approval if the construction is
not begun within 2 years from the date of issuance, or if
during the construction, work is suspended for 1 year.
(7) Any owner or operator subject to the provisions of this
regulation shall furnish the Administrator written notification
as follows:
(i) A notification of the anticipated date of initial startup
of a source not more than 60 days or less than 30 deys
prior to such date.
(ii) A notification of the actual date of initial startup of
a source within 15 days after such date.
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(8) Within 60 days after achieving the maximum production
rate at which the source will be operated but not later
than 1'80 days after initial startup of such source, the
owner or operator of such source shall conduct a perform-
ance test(s) in accordance with methods and under oper-
ating conditions approved by the Administrator and fur-
nish the Administrator a written report of the results
of such performance test.
(i) Such test shall be at the expense of the owner or
operator.
(ii) The Administrator may monitor such test and may
also conduct performance tests.
(iii) The owner or operator of a source shall provide
the Administrator 15 days prior notice of the
performance test to afford the Administrator the
opportunity to have an observer present.
(iv) The Administrator may waive the requirement of
performance tests if the owner or operator of a
source has demonstrated by other means to the Ad-
ministrator's satisfaction that the source is being
operated in compliance with all local, State, and
Federal regulations which are part of the applicable
plan.
(9) (Reserved)
(10) Approval to construct or modify shall not relieve any
owner or operator of the responsibility to comply with
all. local, State, and Federal regulations which are
part of the applicable plan.
(11) Any owner or operator who constructs, modifies, or
operates a stationary source not in accordance with the
application, as approved and conditioned by the Adminis-
trator, or any owner or operator of a stationary source
subject to this paragraph who commences construction or
modification without applying for and receiving approval
hereunder, shall be subject to enforcement action under
section 113 of the Act.
(e) The requirements of 51.18 of this chapter are not met because the
State failed to submit a plan for review of new or modified indirect
sources.
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(f). Regulation for review of new or modified indirect sources.
The provisions of 52.22 (b) are hereby incorporated by reference
and made a part of the applicable implementation of the plan for
the State of Indiana.
(g) Delegation of authority.
(1) The Administrator shall have the authority to delegate
responsibility for implementing the procedures for conducting
source review pursuant to this section in accordance with
subparagraphs (2), (3), and (4) of this paragraph.
(2) Where the Administrator delegates the responsibility for
implementing the procedures for conducting source review
pursuant to this section to any Agency, other than a Regional
Office of the Environmental Protection Agency, a copy of the
notice pursuant to paragraph (d)(4)(iii) of this section shall
be sent to the Administrator through the appropriate Regional
Office.
(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 loca-
ted on Federal lands; except that, with respect to the latter
category, where new or modified sources are constructed or
operated on Federal lands pursuant to leasing or other Federal
agreements, the Federal Land Manager may at his discretion, to
the extent permissible under applicable statutes and regula-
tions, require the lessee or permittee to be subject to new
source review requirements which have been delegated to a state
or local agency pursuant to this paragraph.
(4) The Administrator's authority for implementing the procedures
for conducting source review pursuant to this section shall
not be redelegated, other than to a Regional Office of the
Environmental Protection Agency, for new or modified sources
which are located in Indian reservations except where the
State has assumed jurisdiction over such land under other
laws, in which case the Administrator may delegate his
authority to the States in accordance with paragraphs (g)(2),
(3), and (4)' of this section.
(37 FR 10863, May 31, 1972, as amended at 38 FR 12698, May 14, 1973;
39 FR 4663, Feb. 6, 1974; 39 FR 7281, Feb. 25, 1974; 40 FR 50270,
Oct. 29, 1975)
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52.780 Review of New or Modified Indirect Sources
(b) Regulation for Review of New or Modified Indirect Sources
(1) All terms used in this paragraph but not specifically defined
below shall have the meaning given them in 52.01 of this chapter.
(i) The term "indirect source" means a facility, building,
structure, or installation which attracts or may attract
mobile source activity that results in emissions of a
pollutant for which there is a national standard. Such
indirect sources include, but are not limited to:
(a) highways and roads.
(b) Parking facilities.
,(c) Retail, commercial and industrial facilities.
(d) Recreation, amusement, sports and entertainment
facilities.
(e) Airports.
(f) Office and Government buildings.
(g) Apartment and condominium buildings,
(h) Education facilities.
(ii) The term "Administrator" means the Administrator of the
Environmental Protection Agency or his designated agent.
(iii) The terni "associated parking area" means a parking facil-
ity or facilities owned and/or operated in conjunction
with an indirect source.
(iv) The term "aircraft operation" means an aircraft take-off
or landing.
(v) The phrase "to commence construction" means to engage in
a continuous program of on-site construction including
site clearance, grading, dredging, or land filling specif-
ically designed for an indirect source in preparation for
thg fabrication, erection, or installation of the build-
ing components of the indirect source. For the purpose
of this paragraph, interruptions resulting from acts of
God, strikes, litigation, or other matters beyond the
control of the owner shall be disregarded in determining
whether a construction or modification program is contin-
UOt|S.
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(vi) The phrase "to commence modification" means to engage in
a continuous program of on-site modification, including
site clearance, grading, dredging, or land filling in
preparation for specific modification of the indirect
source.
i , ' •-
(vii) The term "highway section" means the development propo-
sal of a highway of substantial length between logical
termini (major crossroads, population centers, major
traffic generators, or similar major highway control ele-
ments) as normally included in a single location study or
multi-year highway improvement program as set forth in
23 CFR 770.201 (38 FR 31677).
(viii) The term "highway project" means all or a portion of a
highway section which would result in a specific con-
struction contract.
(ix) The term "Standard Metropolitan Statistical Area (SMSA)"
means such areas as designated by the U.S. Bureau of the
Budget in the following publication: "Standard Metro-
politan Statistical Area," issued in 1967, with subse-
quent amendments.
(2) The requirements of'this paragraph are applicable to the follow-
ing:
(i) In an SMSA:
(a) Any new parking facility or other new indirect
source with an associated parking area, which has a
new parking capacity of 1,000 cars or more; or
(b) Any modified parking facility, or any modification
of an associated parking area, which increases
parking capacity by 500 cars or more; or
(c) Any new highway project with an anticipated average
annual daily traffic volume of 20,000 or more vehi-
cles per day within ten years of construction; or
(d) Any modified highway project which will increase
average annual daily traffic volume by 10,000 or
more vehicles per day within ten years after modifi-
cation.
(ii) Outside an SMSA:
(a) Any new parking facility, or other new indirect
source with an associated parking area, which has
a parking capacity of 2,000 cars or more; or
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(b) Any modified parking facility, or any modification
of an associated parking area, which increases park-
, ing capacity by 1,000 cars or more.
(iii) Any airport, the construction or general modification
program of which is expected to result in the foil owing
activity within ten years of construction or modifica-
tion:
, (a) New airport: 50,000 or more operations per year by
regularly scheduled air carriers, or use by 1,600*000
or more passengers per year.
(b) Modified airport: Increase of 50,000 cr more opera-
tions per year by regularly scheduled air carriers
over the existing volume of operations, or increase
of 1,600,000 or more passengers per year.
(iv) Where an indirect source is constructed or modified in
increments which individually are not subject to review
under this paragraph, and which are not part of a program
of construction or modification in planned incremental
phases approved by the Administrator, all such increments
commenced after December 31, 1974, or after the latest
approval hereunder, whichever date is most recent, shall
be added together for determining the applicability of
this paragraph.
(3) No owner or operator of an indirect source subject to this para-
graph shall commence construction or modification of such source
after December 31, 1974, without first obtaining approval from
the Administrator. Application for approval to construct or mod-
ify shall be by means prescribed by the Administrator, and shall
include a.copy of any draft or final environmental impact state-
ment which has been prepared pursuant to the National Environmen-
tal Policy Act (42 U.S.C. 4321). If not included in such environ-
mental impact statement, the Administrator may request the follow-
ing information:
(i) .For all indirect sources subject to this paragraph, other
than highway projects:
(a) The name and address of the applicant.
i
(b) A map showing the location of the site of indirect
source and the topography of the area.
(c) A description of the proposed use of the site, in-
cluding the normal hours of operation of the facil-
ity, and the general types of activities to be op-
erated therein.
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(d) A site plan showing the location of associated
parking areas, points of motor vehicle ingress and
- egress to and from the site and its associated
parking areas, and the location and height of
buildings on the site.
(e) An identification of the principal roads, highways,
and intersections that will be used by motor vehi-
cles moving to or from the indirect source.
(f) An estimate, as of the first year after the date
the indirect source will be substantially complete
and operational, of the average daily traffic vol-
umes, maximum traffic volumes for one-hour and
eight-hour periods, and vehicle capacities of the
principal roads, highways, and intersections iden-
tified pursuant to subdivision (i) (e) of this sub-
paragraph located within one-fourth mile of all
boundaries of the site.
(g) Availability of existing and projected mass transit
to service the site.
(h) Where approval is sought for indirect sources to be
constructed in incremental phases, the information
required by this subparagraph (3) shall be submitted
for each phase of the construction project.
(i) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(ii) For airports:
(a) An estimate of the average number and maximum number
of aircraft operations per day by type of aircraft
during the first, fifth and tenth years after the
date of expected completion.
(b) A description of the commercial, industrial, resi-
dential and other development that the applicant
expects will occur within three miles of the perim-
, eter of the airport within the first five and the
first ten years after the date of expected comple-
tion.
(c) Expected passenger loadings at the airport.
(d) The information required under subdivisions (i) (a)
through (i;j of this subparagraph.
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(iii) For highway projects:
(a) A description of the average and maximum traffic
volumes for one, eight, and 24-hour time periods
expected within 10 years of date of expected comple-
tion.
(b) An estimate of vehicle speeds for average and maxi-
mum traffic volume conditions and the vehicle capac-
ity of the highway project.
(c) A map showing the location of the highway project,
including the location of buildings along the right-
of-way.
(d) A description of the general features of the high-
way project and associated right-of-way, including
the approximate height of buildings adjacent to the
highway.
(e) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(iv) For indirect sources other than airports and'those high-
way projects subject to the provisions of paragraph (b)
(6) (iii) of this section, the air quality monitoring re-
quirements of paragraph (b) (3) (i) (i) of this section
shall be limited to carbon monoxide, and shall be con-
ducted for a period of not more than 14 days.
(4) (i) For indirect sources other than highway projects and air-
ports, the Administrator shall not approve an application
to construct or modify if he determines that the indirect
source will:
(a) Cause a violation of the control strategy of any
applicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The Administrator shall make the determination pursuant
to paragraph (b) (4) (i) (b) of this section by evaluat-
ing the anticipated concentration of carbon monoxide at
reasonable receptor or exposure sites which will be af-
fected by the mobile source activity expected to be at-
tracted by the indirect source. Such determination may
be made by using traffic flow characteristic guidelines
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published by the Environmental Protection Agency which
relate traffic demand and capacity considerations to am-
bient carbon monoxide impact, by use of appropriate at-
mospheric diffusion models (examples of which are refer-
enced in Appendix 0 to Part 51 of this chapter), and/or
by any other reliable analytic method. The applicant
may (but need not) submit with his application, the re-
sults of an appropriate diffusion model and/or any other
reliable analytic method, along with the technical data
and information supporting such results. Any such results
and supporting data submitted by the applicant shall be
considered by the Administrator in making'his determina-
tion pursuant to paragraph (b) (4) (i) (b) of this sec-
tion.
(5) (i) For airports subject to this paragraph, the Administrator
shall base his decision on the approval or disapproval of
an application on the considerations to be published as
an Appendix to this Part.
(ii) For highway projects and parking facilities specified
under paragraph (b) (2) of this section which are assoc-
iated with airports, the requirements and procedures
specified in paragraphs (b) (4) and (6) (i) and (ii) of
this section shall be met.
(6) (i) For all highway projects subject to this paragraph, the
Administrator shall not approve an application to con-
struct or modify if he determines that the indirect source
will:
(a) Cause a violation of the control strategy of any ap-
plicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(1i) 'The determination pursuant to paragraph (b) (6) (i) (b)
of this section shall be made by evaluating the anticipa-
ted concentration of carbon monoxide at reasonable re-
ceptor or exposure sites which will be affected by the
mobile source activity expected on the highway for the ten
year period following the expected date of completion ac-
cording to the procedures specified in paragraph (b) (4).
(ii) of this section.
(iii) For new highway projects subject to this paragraph with
an anticipated average daily traffic volume of 50,000 or
more vehicles within ten years of construction, or mod-
ifications to highway projects subject to this paragraph
which will increase average daily traffic volume by 25,000
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or more vehicles within ten years after modification, the
Administrator's decision on the approval or disapproval
of an application shall be based on the considerations to
be published as an Appendix to this Part in addition to
the requirements of paragraph (b) (6) (i) of this section.
(7) The determination of the air quality impact of a proposed indi-
rect source "at reasonable receptor or exposure sites", shall mean
such locations where people might reasonably be exposed for time
periods consistent with the national ambient air quality standards
for the pollutants specified for analysis pursuant to this para-
graph.
(8) (i) Within 20 days after receipt of an application or addition
thereto, the Administrator shall advise the owner or opera-
tor of any deficiency in the information submitted in sup-
port of the application. In the event of such a defi-
ciency, the date of receipt of the application for the
purpose of paragraph (b) (8) (ii) of this section shall
be the date on which all required information is received
by the Administrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
(a) Make a preliminary determination whether the indirect
source should be approved, approved with conditions
in accordance with paragraphs (b) (9) or (10) of this
section, or disapproved.
(b) Make available in at least one location in each re-
gion in which the proposed indirect source would be
constructed, a copy of all materials submitted by the
owner or operator, a copy of the Administrator's
preliminary determination, and a copy or summary of
other materials, if any, considered by the Adminis-
trator in making his preliminary determination; and
(c) Notify the public, by prominent advertisement in a
newspaper of general circulation in each region in
which the proposed indirect source would be con-
structed, of the opportunity for written public com-
ment on the information submitted by the owner or
operator and the Administrator's preliminary deter-
mination on the approvability of the indirect 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 location where
the indirect source will be situated, as follows: State
and local air pollution control agencies, the chief exec-
utive of the city and county; any comprehensive regional
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land use planning agency; and for highways, any local
board or committee charged with responsibility for activ-
ities in the conduct of the urban transportation planning
process (3-C process) pursuant to 23 U.S.C. 134.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the close
of the public comment period, the applicant may submit a
written response to any comments submitted by the public.
The Administrator shall consider the applicant's response
in making his final decision. All comments shall be made
available for public inspection in at least one location
in the region in which the Indirect source would be lo-
cated.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the indirect source would
be located.
(vi) The Administrator may extend each of the time periods
specified in paragraphs (b) (8) (ii), (iv), or (v) of
this section by no more than 30 days, or such other peri-
od as agreed to by the applicant and the Administrator.
(9) (i) Whenever an indirect source as proposed by an owner or
operator's application would not be permitted to be con-
structed for failure to meet the tests set forth pursuant
to paragraphs (b) (4) (i), (b) (5) (i), or (b) (6) (i)
and (iii) of this section, the Administrator may impose
reasonable conditions on an approval related to the air
quality aspects of the proposed indirect source so that
such source, if constructed or modified in accordance
with such conditions, could meet the tests set forth
pursuant to paragraphs (b) (4) (i), (b) (5) (i), or (b)
(6) (i) and (iii) of this section. Such conditions may
include, but not be limited to:
(a) Binding commitments to roadway improvements or ad-
ditional mass transit facilities to serve the in-
direct source secured by the owner or operator from
governmental agencies having jurisdiction thereof;
(b) Binding commitments by the owner or operator to
specific programs for mass transit incentives for
employees and patrons of the source; and
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(c) Binding commitments by the owner or operator to con-
struct, modify, or operate the indirect source in
such a manner as may be necessary to achieve the
traffic flow characteristics published by the Envi-
ronmental Protection Agency pursuant to paragraph
(b) (4) (ii) of this section.
(ii) The Administrator may specify that any items of informa-
tion provided in an application for approval related to
the operation of an indirect source which may affect the
source's air quality impact shall be considered permit
conditions.
(10) Notwithstanding the provisions relating to modified indirect
sources contained in paragraph (b) (2) of this section, the Ad-
ministrator may condition any approval by reducing the extent to
which the indirect source may be further modified without resub-
mission for approval under this paragraph.
(11) Any owner or operator who fails to construct an indirect source
in accordance with the application as approved by the Administra-
tor; any owner or operator who fails to construct and operate an
indirect source in accordance with conditions imposed by the Ad-
ministrator under paragraph (b) (9) of this section; any owner
or operator who modifies an indirect source in violation of con-
ditions imposed by the Administrator under paragraph (b) (10) of
this section; or any owner or operator of an indirect source
subject to this paragraph who commences construction or modifi-
cation thereof after December 31, 1974, without applying for and
receiving approval hereunder, shall be subject to the penalties
specified under section 113 of the Act and shall be considered in
violation of an emission standard or limitation under section 304
of the Act. Subsequent modification to an approved indirect
source may be made without applying for permission pursuant to
thi? paragraph oftly where such modification would not violate any
condition imposed pursuant to paragraphs (b) (9) and (10) of this
section and would not be subject to the modification criteria set
forth in paragraph (b) (2) of this section.
(12) Approval to construct or modify shall become invalid if construc-
tion or modification is not commenced within 24 months after re-
ceipt of such approval. The Administrator may extend such time
period upon satisfactory showing that an extension is justified.
The applicant may apply for such an extension at the time of ini-
tial application or at any time thereafter.
(13) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strategy
and all local, State and Federal regulations which are part of the
applicable State implementation plan.
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(14) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting indirect source review pur-
suant to this paragraph to any agency, other than a regional of-
fice of the Environmental Protection Agency, the following pro-
visions shall apply:
(i) Where the agency designated is not an air pollution
control agency, such agency shall consult the appropri-
ate State or local air pollution control agency prior to
making any determination required by paragraphs (b) (4),
(5), or (6) of this section. Similarly, where the agency
designated does not have continuing responsibilities for
land use planning, such agency shall consult with the
appropriate State or local land use and transportation
planning agency prior to making any determination re-
quired by paragraph (b) (9) of this section.
(ii) The Administrator of the Environmental Protection Agency
shall conduct the indirect source review pursuant to
this paragraph for any indirect source owned or operated
by the United States Government.
(iii) A copy of the notice required pursuant to paragraph (b)
(8) (ii) (c) of this section shall be sent to the Admin-
istrator through the appropriate Regional Office.
(15) In any area in which a "management of parking supply" regulation
which has been promulgated by the Administrator is in effect, in-
direct sources which are subject to review under the terms of such
a regulation shall not be required to seek review under this para^
graph but instead shall be required to seek review pursuant to
such management of parking supply regulation. For purposes of
this paragraph, a "management of parking supply" regulation shall
be any regulation promulgated by the Administrator as part of a
transportation control plan pursuant to the Clean Air Act which
requires that any new or modified facility containing a given num-
ber of parking spaces shall receive a permit or other prior approv-
al, issuance of which is to be conditioned on air quality consid-
erations.
(16) Notwithstanding any of the foregoing provisions to the contrary,
the operation of this paragraph is hereby suspended pending fur-
ther notice. No facility which commences construction prior to
the expiration of the sixth month after the operation of this para-
graph is reinstated (as to that type of facility) shall be subject
to this paragraph.
(37 FR 10846, May 31, 1972 as amended at 40 FR 28065, July 3,
1975; 40 FR 40160, Sept. 2, 1975)
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(12.0) 52.784 Transportation and land use controls.
(a) To complete the requirements of 51.11 (b) and 51.14 of this
chapter, the Governor of Indiana must submit to the Adminis-
trator:
(1) No later than April 15, 1973, transportation and/or land use
control strategies and a demonstration that said strategies,
along with Indiana's presently adopted stationary source
emission limitations for carbon monoxide and hydrocarbons
and the Federal Motor Vehicle Control Program, will attain
and maintain the national standards for carbon monoxide and
photochemical oxidants (hydrocarbons) in the Metropolitan
Indianapolis Intrastate Region by May 31, 1975. By such
data (April 15, 1973), the State also must submit a detailed
timetable for implementing the legislative authority, regu-
lations, and administrative policies required for carrying
out the transportation and/or land use control strategies
by May 31, 1975.
(2) No later than July 30, 1973, the legislative authority that
is needed for carrying out such strategies.
(3) No later than December 30, 1973, the necessary adopted regu-
lations and administrative policies needed to implement
such strategies.
(12.0) 52.786 Inspection and maintenance program.
Section 52.786 is revised to read as follows:
52.786 Inspection and Maintenance Program.
(a) Definitions:
(1) "Inspection and maintenance program" means a program to
1 reduce emissions from in-use vehicles through identifying
vehicles that need emission control related maintenance and
requiring that such maintenance be performed.
(2) "Light-duty vehicle" means a motor vehicle rated a 6,000 Ib.
GVW (gross vehicle weight) or less.
(3) All other terms used in this section that are defined in
Part 51, Appendix N of this chapter, are used herein with the
meanings so defined.
(b) This regulation is applicable in the County of Marion, Indiana
(including all cities, towns and municipal corporations therein).
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(c) The State of Indiana shall establish and cause the implementation
of an inspection and maintenance program applicable to all gasoline-
powered light-duty vehicles which are registered in Marion County.
Such program shall conform with this 52.786. The Consolidated
City of Indianapolis, the County of Marion, and other municipalities
within the County of Marion, shall take all legislative, executive,
or other action necessary to establish and implement the program
required by this regulation.
(d) Not later than April 1, 1975, the State of Indiana, the County of
Marion and the Consolidated City of Indianapolis shall jointly sub-
mit to the Administrator, for his approval, legally adopted legis-
lation and/or regulations establishing the regulatory scheme for
the inspection/maintenance program required by paragraph (c) of
this section. The legislation and/or regulations shall include:
(1) Provisions requiring inspection of all light-duty motor vehicles
subject to the inspection program required by paragraph (c) of
this section at periodic intervals no more than 1 year apart
by means of an idle test. Any class or category of vehicles
that are found to be rarely used on public streets and high-
ways (such as classic or antique vehicles) may be exempted.
(2) Provisions for regulatory criteria that are consistent with
achieving an eleven percent reduction of hydrocarbon emissions
from light-duty vehicles.
(3) Provisions ensuring that failed vehicles receive, within 30
days, the maintenance necessary to achieve compliance with
the inspection standards. These provisions shall impose
standards against owners of non-complying vehicles, require
retest of failed vehicles following maintenance, require a
suitable distinctive tag or sticker for display on complying
vehicles, and include such other measures as are necessary
or appropriate.
i
(4) Provisions establishing a certification program to ensure that
testing stations performing the required tests have the neces-
sary equipment and knowledgeable operators to perform the
tests satisfactorily, imposing sanctions against non-complying
testing stations, and containing such other measures as neces-
sary or appropriate to a testing program.
(5) Provisions prohibiting vehicles from being intentionally read-
just^ed or modified subsequent to the inspection and/or mainten-
ance in such a way as would cause them no longer to comply
with the inspection standards. These may include authorization
of spot checks of idle adjustments or of a suitable type of
physical seal or tag on vehicles. These provisions shall in-
clude appropriate penalties for violation by any person.
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(6) Designation of agency or agencies responsible for conducting,
overseeing, and enforcing the inspection/maintenance program.
Private parties may be designated to conduct parts of the
program to certify compliance.
(e) After July 1» T976, the State of Indiana, County of Marion, the
Consolidated City of Indianapolis, and other municipalities in
Marion County shall not allow the operation on streets, roads, or
highways under their ownership or control of any light-duty motor
vehicle .subject to the inspection program established pursuant to
paragraph (c) of this section that does not comply with the appli-
cable standards and procedures adopted in accordance with paragraph
(d) of this section.
(f) After July 1, 1976, no person shall operate or allow the operation
of any motor vehicle subject to the inspection program established
pursuant to paragraph (c) of this section that does not comply with
the applicable standards and procedures adopted in accordance with
paragraph (d) of this section.
(g) No later than October 1, 197*, the State of Indiana, County of
Marion, and the Consolidated City of Indianapolis shall jointly
submit to the Administrator, for his approval, a detailed compli-
ance schedule showing the steps they will take to establish, oper-
ate and enforce the inspection program required by paragraph (c)
of this section including:
(1) A detailed description of the inspection program required by
paragraph (c) (including a description of the way in which
the program will be established, operated, and enforced and
the respective responsibilities of the State, county, and
municipalities for such tasks).
(2) A description of the legal authority for establishing and
enforcing the inspection/maintenance program, including the
text of proposed or adopted legislation and regulations.
(3) Specific dates (day, month, and year) by which various steps
to implement the inspection/maintenance system will be com-
pleted, such steps to include, at a minimum, the following:
submitting final plans and specifications for the system to
the Administrator for this approval (this date to be no
later than February 1, 1975), ordering necessary equipment
(this date to be no later than April 15, 1975), commencement
of on-site construction and/or installation, and system oper-
ational (this date to be no later than July 1, 1975).
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(4) An identification of the sources and amounts of funds neces-
sary to implement the system together with written assurances
from the chief executive officers of the State, city, and
county that they will seek such necessary funding from the
appropriate legislative bodies.
(.5) Other provisions necessary or appropriate to carry out the
program.
(12.0) 52.787 Gasoline transfer vapor control.
4. Section 52.787 is added to read as follows:
52.787 Gasoline transfer vapor control.
(a) "Gasoline" means any petroleum distillate having a Reid vapor
pressure of 4 pounds or greater.
(b) This section is applicable in the County of Marion, Indiana (in-
cluding all cities, towns and municipal corporations therein).
(c) No person shall transfer or permit the transfer of gasoline from
any delivery vessel into any stationary source container with a :
capacity greater than 250 gallons unless such container is equip-
ped with a submerged fill pipe and unless the displaced vapors
from the storage container are processed by a control system that
prevents release to the atmosphere of no less than 90 percent by
weight of organic compounds in said vapors displaced from the sta-
tionary storage container location. The control system shall
include one or more of the following:
(1) A vapor-tight return line from the storage container to the
delivery vessel and a system that will ensure that the vapor
return line is connected before gasoline can be transferred
into the container. If a "vapor-balance return" system is
. used to meet the requirements of this section, the system
shall be so constructed as to be readily adapted to retrofit
with an adsorption system, refrigeration-condensation system
or equivalent system connected to the stationary storage
container.
(2) Refrigeration-condensation system or adsorption system con-
i nected to the stationary storage container.
(3) An equivalent system, approved by the Administrator or his
designee, designed to recover or eliminate no less than
90 percent by weight of the organic compounds in the displaced
vapor.
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(d) No person shall own or operate a delivery vessel containing gaso-
line unless the delivery vessel is so designed and maintained as
to be vapor-tight at all times. This paragraph (d) shall not
apply to delivery vessels in transit through Marion County which
neither are filled nor deliver gasoline therein, nor shall this
paragraph (d) be construed to prohibit safety-valves on other
devices required by governmental safety regulations. Delivery
vessels which are filled in Marion County but do not deliver in
Marion County may be controlled only for filling.
(e) No person shall own or operate a facility for the filling of
delivery vessels with gasoline unless the facility is equipped
with a control system, which can recover or eliminate at least
90 percent by weight of the organic compounds in the vapors dis-
placed from the delivery vessel during refilling. Facilities
which have a daily throughput of 20,000 gallons or less are
required to have a vapor recovery system in operation no later
than May 31, 1977. Delivery vessels and storage containers served
exclusively by facilities required to have a vapor recovery system
in operation no later than May 31, 1977, also will be required to
meet the provisions of this section no later than May 31, 1977.
(f) After March 1, 1976, no person shall intentionally release gasoline
vapors from a delivery vessel, except to a control system that can
recover or eliminate at least 90 percent by weight of organic com-
pounds in the vapors released.
(g) The provisions of paragraph (c) of this section shall not apply to
the following:
(1) Stationary containers having a capacity less than 550 gallons
used exclusively for the fueling of farming equipment.
(2) Any stationary container having a capacity less than 2,000
gallons installed prior to promulgation of this paragraph.
(3) Transfer made to storage tanks equipped with floating roofs
or their equivalent.
(4) Gasoline storage compartments of 1,000 gallons or less in
gasoline delivery vessels in use on the promulgated date of
this* regulation will not be required to be retrofitted with
a vapor return system until January 1, 1977.
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(h) The operation of a source, otherwise, subject to paragraphs (c),
(d), or (e) of this section, shall not be a violation of para-
graphs (c), (d), or (e), respectively, if the following acts
shall be completed with respect to such source before the fol-
lowing dates:
(1) October 1, 1974 - The owner of the source or his designee
shall submit to the Administrator, a final control plan, which
describes at a minimum the steps that will be taken by the
source to achieve compliance with the applicable provisions
pf paragraphs (c), (d), and (e) of this section.
(2) March 1, 1975 - Negotiate and sign all necessary contracts for
control systems, or issue orders for the purchase of compo-
nent parts to accomplish emission control.
(3) May 1, 1975 - Initiate on-site construction or installation
of control system equipment.
(4) February 1, 1976 - Complete on-site construction or install-
ation of control system equipment.
(5) March 1, 1976 - Achieve final compliance with the applicable
provisions of paragraph (c), (d), and (e) of this section.
(6) Any owner of a source subject to the compliance schedule in
this paragraph shall certify to the Administrator, within 5
days after the deadline for each increment of progress, whether
or not the required increment of progress has been met.
(i) As an alternative to compliance with the schedule under paragraph
(h) of this section:
(1) The owner of a source which is in compliance with the pro-
visions of paragraphs (c), (d), or (e) of this section, shall
certify such compliance to the Administrator by October 1, 1974.
The Administrator may request whatever supporting information
he considers necessary for proper certification.
(2) A source for which a compliance schedule is adopted by the
State and approved by the Administrator may operate in con-
formity with such compliance schedule.
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(3) The owner of a source may submit to the Administrator, by
October 1, 1974, a proposed alternative compliance schedule.
No such schedule may provide for compliance after March 1, 1976,
Until promulgated by the Administrator, such source shall con-
form with applicable portions of paragraphs (c), (d), (e), or
(h) of this section. Upon promulgation of tha compliance
schedule by the Administrator, no person shall own or operate
the source except in conformity with the promulgated schedule.
(j) Nothing i.n this section shall preclude the Administrator from pro-
mulgating a separate schedule for any source to which the applica-
tion of the compliance schedule in paragraph (h) of this section
fails to satisfy the requirements of 51.15 (b) and (c) of this
chapter. .
(k) Any new container, facility, or vessel subject to this regulation
that is placed in operation after October 1, 1974, shall within
30 days of commencing operation submit a compliance schedule in
conformity with paragraph (i) of this section and shall otherwise
comply with this section. Any facility subject to this regulation
that is placed in operation after March 1, 1976, shall comply with
the applicable requirements of this section immediately upon
commencing operation.
Additional technical and economic information related to this
preamble is contained in the "Technical Support Document for the
Indianapolis Marion County Transportation Control Plan." This
document, along with the State Transportation Plan proposal sub-
mitted October 19, 1973 is available for inspection at the Envi-
ronmental Protection Agency, Region V, One North Wacker Drive,
Chicago, Illinois 60606.
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(17.0) 52.793 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'particulate
matter and sulfur dioxide no greater than the national
ambient air quality standards.
(iii) The air quality impact of sources granted approval to
construct or modify prior to January 1, 1975 (pursuant to
the approved new source review procedures in the plan)
but .not yet operating prior to January 1, 1975, shall not
be counted against the air quality increments specified
in paragraph (c) (2) (i) of this section.
(3) (i) All areas are designated Class II as of the effective
date of this paragraph. Redesignation may be proposed by
the respective States, Federal Land 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
1 proposed redesignation are notified at least 30 days
prior to the public hearing, and
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'(cj 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-
1 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
1 (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 Hi 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
, w.ith 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 t(je 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 sllbparagraph 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 wi.th, (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) arid (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.
i
(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
1 modified source, in conjunction with the effects of growth
and reduction in emissions after January 1, 1575, 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, 6f
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.
i . .
(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; and
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 L&ndfc.
Where feasible, the Administrator Will coordinate his
review and hearings with the Federal Land Manager to
• avoid duplicate administrative procedures.
(1i) New or modified sources which are located on Indian
Reservations shall be subject to procedures set forth 1n
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 regiona'lland 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. AIT 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,
i i
(3) Approval to construct or modify shall become invalid if construc-
tion or expansion is not commenced within 18 months after receipt
of such approva-1 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 popy of the notice pursuant to paragraph (e) (1) (ii)
(c) of this section shall be sent to the Administrator
through the appropriate regional office.
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(3) In accordance with Executive Order 11752, the 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, 19,75, 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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