U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 277
Air Pollution Regulations in State
Implementation Plans: Nevada
Abcor Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
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PB 290277
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-078
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
Nevada
REPRODUCED BY
NATIONAL TECHNICAL
INFORMATION SERVICE
U S DEPARTMENT OF COMMERCE
SPRINGFIELD. VA. 22161
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TECHNICAL REPORT DATA
(Please read lauructions on the reverse before completing)
1. REPORT NO.
EPA-450/3-78-078
2.
3. RECIPIENT'S ACCESSIOr»NO.
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation i
Plans: Nevada
5. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
Pb
77
7. AUTHOR(S)
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
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)(1) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1, 1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air Quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
17.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.IDENTIFIERS/OPEN ENDED TERMS
c. COSATI Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (ThisReport)
Unclassified
20. SECURITY CLASS (This page)
Unclassified
22. PRICE
MF
EPA Form 2220-1 (9-73)
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EPA-450/3-78-078
Air Pollution Regulations
in State Implementation Plans
Nevada
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
-------
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-450/3-78-078
11
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INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been •
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect source.regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
IV
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SUMMARY SHEET
Submittal Date
6/12/72
1/19/73
4/1/74
6/14/74
11/12/74
OF
EPA-APPROVED REGULATION CHANGES
NEVADA
Approval Date
7/27/72
5/14/73
3/26/75
2/6/75
3/26/75
Description
Entire Regs, for Washoe County
Entire Regs, for Clark County
Article 1, 3, 13 for the State
Article 1, 4, 8, 14 for the
State
Article 13
Section Number
52.1473
52.1475
52.1478
52.1485
FEDERAL REGULATIONS
Description
Public Availability of Emission Data
(State & Washoe County)
Control Strategy and Regulations: Sulfur Oxides
Review of New Sources and Modifications
(Washoe County)
Prevention of Significant Deterioration
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
VI
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (includes Grain Handling, Orchard Heaters,
Rice and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulates
(includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - 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
VII
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TABLE OF CONTENTS
Revised Standard
Subject Index
(1.0)
(2.0)
(8.0)
(7.0K9.0)
(9.0)
(2.0)
(2.0)
(5.0)
(3.0)(2.0)
(3.0)
(2.0)
(3.0)
(50.1.2)
(51.13)
(51.9)
(50.1)
(51.5)
(50.1.1)
(50.1)
(50.2)
STATE
Article
Number
1
2
2.4
2.5
2.6
2.8
2.10
2.11
3
3.2
3.3
3.4
4
5
6
7
7.1
7.2
7.3
8
REGULATIONS
Title
Definitions
General Provisions
Emergency Procedure
Scheduled Maintenance, Testing and
Breakdown or Upset
Testing and Sampling
Administrative Fines
Appeals of the Control Officer's
Action
Variances
Registration Certificates and
Operating Permits
Registration Certificates
Stop Order
Operating Permit
Visible Emissions From
Stationary Sources
Open Burning
Incinerator Burning
Parti cul ate Matter
Fuel Burning Equipment
Industrial Sources
Fugitive Dust
Sulfur Emissions
Page
2
7
7
8
8
9
11
11
12
13
14
14
16
16
17
18
18
18
20
20
VIII
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Revised Standard Article
Page
20
21
22
22
23
24
24
25
29
Subject Index
(51.11)
(51.6)
(50.7)
(51.21)
(12.0)
(2.0)
(4.0)
(10.0)
(2.0)
Number
8.1
8.2
10
10.2
11
11.7
12
13
14
Title
Primary Non-ferrous Smelters
Fuel Burning Equipment
Odors
Reduction of Animal Matter
Mobile Equipment
Exceptions to this Article
Ambient Air Quality Standards
Complex Sources and Large
Stationary Sources
Supplementary Control Systems
Nevada-Washoe County
Revised Standard
Subject Index
(1.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(16. C)
(15.0)
(15.0)
EPA - Approved
Section
Number
010.000
020.005
020.010
020.015
020.020
020.025
020.030
020.035
020.040
Regulations and Promulgations
Title
Definitions
Board of Health - Powers
and Duties
Injunctive Relief
Judicial Review
Adoption, Amending Regulations
Control Officer - Powers and
Duties
Hearing Board - Powers and
Duties
Violation of Regulations
Notice of Violation
Page
36
39
41
41
42
42
43
45
45
IX
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Revised Standard Section
Subject Index Number Title Page
(15.0) 020.045 Citation ' 45
(2.0) 020.050 Administrative Fines 46
(15.0) 020.055 Injunctive Relief 48
(15.0) 020.060 Interference with Performance
of Duty 48
(13.0) 020.065 Records and Information 48
(9.0) 020.070 Sampling and Testing 48
(2.0) 020.075 Technical Reports and Fees 49
(2.0) 020.080 Circumvention 49
(7.0) 020.085 Upset, Breakdown or Scheduled
Maintenance 49
(3.0) 020.090 Registration of Sources 50
(2.0) 020.095 Sevtrability 51
(3.0) 030.005 Authority to Construct 51
(3.0) 030.010 Permit to Operate 53
(3.0) 030.015 Fees 53
(3.0) 030.020 Exceptions 55
(50.1.2) 040.005 Visible Air Contaminants 57
(50.1) 040.010 Particulate Matter 57
(50.0) 040.015 Specific Contaminants 57
(50.1.3)(50.6) 040.020 Dust and Fumes 57
(50.0) 040.025 Exceptions 59
(50.1.3) 040.030 Fugitive Dust Control 59
(51.13) 040.035 Open Fires 60
(3.0)(51.13) 040.040 Burning Permit Conditions 62
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Revised Standard Section
Subject Index Number Title Page
(51.9) 040.045 Refuse Disposal 62
(51.9) 040.050 Incinerator Emissions 62
(50.6) 040.055 Nuisance - Odorous or Gaseous
Contaminants 62
(50.2) 040.060 Sulfur Content of Fuel 63
(51.21) 040.065 Reduction of Animal Matter 63
(51.16) 040.070 Storage of Petroleum Products 64
(51.16) 040.075 Gasoline Loading Into Tank Trucks
and Trailers • 64
(51.16) 040.080 Gasoline Unloading From Tank Trucks
and Trailers Into Underground
Storage Tanks 65
(12.0) 050.005 Original Equipment 65
(12.0) 050.010 Equipment Violation 65
(12.0) 050.015 Visible Emission - Gasoline
Powered Equipment 65
(12.0) 050.020 Visible Emissions - Diesel
Powered Equipment Below 5000
Foot Elevation 65
(12.0) 050.025 Visible Emissions - Diesel
Powered Equipment Above 5000
Foot Elevation 66
(12.0) 050.030 Visible Emissions - Mobile
Equipment Used Exclusively Upon
Stationary Rails Below 5000
Foot Elevation 66
(12.0) 050.035 Visible Emissions - Mobile
Equipment Used Exclusively Upon
Stationary Rails Above 5000
Foot Elevation 66
(8.0) 060.005 General 66
(8.0) 060.010 Emergency Authority To Act 67
XI
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Revised Standard Section
Subject Index Number Title Page
(8.0) 060.015 Sampling Station and Air Sampling 67
(8.0) 060.020 Reports 67
(8.0) 060.025 Continuing Program of Voluntary
Cooperation 67
(8.0) 060.030 Declaration of Alerts 68
(8.0) 060.035 Notification of Alerts 68
(8.0) 060.040 Alert Stages For Toxic Air
Pollutants 68
(8.0) 060.045 First Alert Action 69
(8.0) 060.050 Second Alert Action 70
(8.0) 060.055 Third Alert Action 70
(8.0) 060.060 End of Alert 71
Clark County, Nevada
EPA - Approved Regulations and Promulgations
Revised Standard Section
Subject Index Number Title Page
(1.0) 1 Definitions 75
(2.0) 2 Air Pollution Control Board 79
(2.0) 3 Air Pollution Control Board Powers 79
(2.0) 4 Air Pollution Control Committee 81
(2.0) 5 Control Officer 81
(16.0) 6 Hearing Board 83
(8.0) 7 Emergency Procedures 86
(3.0) 8 Registration and Operating Permits 88
(10.0) 9 New and Modified Sources 90
XII
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Revised Standard Section
Subject Index Number Title Page
(3.0) 10 Annual Registration Fees 92
(9.0)03.0) 11 Sampling and Testing - Records
and Reports 93
(7.0) 12 Upset, Breakdown or Scheduled
Maintenance 93
(51.13) 13 Open Burning 94
(51.9) 14 Incinerators 95
(50.7) 15 Prohibition of Nuisance Conditions 96
(50.1.2) 16 Emission of Visible Air
Contaminants 96
(51.9) 17 Particulate Matter From
Incinerators 97
(50.1.1) 18 Particulate Matter From Process
Equipment 98
(50.1.3) 19 Fugitive Dust 100
(51.16) 20 Gasoline Unloading From Tank
Trucks and Trailers Into Storaae
Tanks 104
(51.16) 21 Storage of Petroleum Products 104
(2.0) 22 Injunctive Relief 105
(2.0) 23 Interference with Control Officer 105
(15.0) 24 Persons Liable For Penalties -
Punishment: Defense 105
(3.0) 25 Administrative Fines 105
(51.5) 26 Fuel Burning Equipment 107
(2.0) 27 Provisions of Regulations
Severable - 109
(2.0) 28 Circumvention 109
(4.0) 29 Odors In the Ambient Air 109
XIII
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Revised Standard
Subject Index
(51.11)
(50.2)
Section
31
Title Page
Restriction of Emission of
Sulfur From Primary Non-ferrous
Smelters 109
Sulfur Contents of Commercial
(50.4)
(51.21)
(51.16)
(6.0)
(4.0)
Revised Standard
Subject Index
(14.0)
(50.2)
(10.0)
(17.0)
32
33
34
35
36
FEDERALLY
Section
Number
52.1473
52.1475
52.1478
52.1485
Fuel Oil
Evaporation and Leakage
Reduction of Animal Matter
Gasoline Loading Into Tank
Trucks and Trailers
Compliance Schedules
Ambient Air Quality Standards
PROMULGATED REGULATIONS
Title
Public Availability of Emission
Data
Control Strategy and Regulations:
Sulfur Oxides
Review of New or Modified
Indirect Sources
Prevention of Significant
Deterioration
no
110
m
111
112
112
Page
115
116
141
151
XIV
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STATE OF NEVADA
AIR QUALITY REGULATIONS
WHEREAS, the protection of the air resources of the State is deemed necessary
for (1) the protection of the health, safety and well-being of its citizens,
(2) the prevention of injury to plant and animal life and to the property,
(3) the protection of the comfort and convenience of the public and the
protection of the recreational resources of the State, (4) for the preserva-
tion of visibility and scenic, esthetic and historical values of the State;
and
WHEREAS, the problem of air quality in this State is closely related to the
problem of air quality in adjoining states; and
WHEREAS, Nevada Revised Statutes direct the adoption and enforcement of
reasonable rules and regulations, and clearly reveal that is is the public
policy of the State to preserve the air resources of the State, and to
protect, maintain and improve the quality thereof; and to cooperate with
other agencies of the State, agencies of other states and the federal
government in carrying out these objectives; and
WHEREAS, with the advancement of technology, these regulations will be
subject to revision and amendment;
NOW, THEREFORE, the Nevada State Commission of Environmental Protection
adopts the following regulations:
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(1.0) ARTICLE 1: DEFINITIONS
1.1 Air-conditioning equipment. Equipment utilized to heat or cool
the interior of a building or structure.
1.1 Air contaminant. Any substance discharged into the atmosphere
except water vapor and water droplets.
1.3 Air pollution. The presence in the outdoor atmosphere of one or
more air contaminant or any combination thereof in such quantity
and duration as may tend to:
1.3.1 Injure human health or welfare, animal or plant life, or
property.
1.3.2 Limit visibility or interfere with scenic, esthetic, and
historic values of the State.
1.3.3 Interfere with the enjoyment of life or property.
1.4 Ambient air. That portion of the atmosphere surrounding people,
animal and plant life.
1.5 Atmosphere. All of the air surrounding the earth and external
to buildings and structures.
1.6 British thermal units - BTU. That quantity of heat required to
raise the temperature of one pound of water from 62° Fahrenheit
to 63° Fahrenheit.
1.7 Combustible refuse. Any waste material which can be consumed by
combustion.
1.8 Commercial fuel oil. A liquid or liquefiable petroleum product
normally produced, manufactured, used, or sold for the purpose
of creating useful heat.
1.9 Commission. The State Commission of Environmental Protection.
1.10 Confidential information. Information or record which:
1.10.1 Relate to quantities or dollar amount of production or
sales; or
1.10.2 Relate to processes or production unique to the owner or
operator; or
1.10.3 Would tend to affect adversely the competitive position of
the owner or operator, if disclosed.
/
1.11 Control officer. The Chief of the Bureau of Environmental Health
of the Health Division of the Department of Health, Welfare and
-2-
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Rehabilitation or his representative, or a person designated by
or pursuant to a county or city ordinance or regional agreement
or regulation to enforce air quality control ordinances or regu-
lations.
1.12 Diesel fuel. Low viscosity oil normally used in compression
ignition engines.
1.13 Dusts. Particulate matter released into ambient air by natural,
mechanical, or chemical forces or processes.
1.14 Effective date. Thirty days after these regulations or amend-
ments to these regulations have been filed with the Secretary
of State.
1.15 Emission. The act of passing into the atmosphere an air contami-
nant or a gas stream which contains, or may contain, an air
contaminant; or the material passed to the atmosphere.
1.16 Existing source. Equipment, machines, devices, articles, con-
trivances, or installations which are constructed, purchased, or
in operation on the effective date of these regulations; except
that any existing equipment, machine, device, article, contrivance,
or installation which is altered, replaced, or rebuilt which in-
creases the total emission after the effective date of these
regulations shall be reclassified as a "new source".
1.17 Fuel. Any form of combustible matter (solid, liquid, vapor, or
gas), excluding combustible refuse.
1.18 Fuel burning equipment. Any device used for the burning of fuel
for the primary purpose of producing heat or power by indirect
heat transfer.
1.19 Garbage. Putrescible animal or vegetable refuse.
1.20 Hearing board. The State Environmental Protection Hearing Board.
1.21 Incinerator. An engineered apparatus capable of withstanding
heat and designed to efficiently reduce solid, semi-solid, liquid,
or gaseous waste at specified rates, and from which the residues
contain little or no combustible material.
1.22 Local air pollution control agency. Any city, county, or district
air pollution control agency approved by the Commission.
1.23 Motor vehicle. Every device in, upon, or by which any person or
property is, or may be transported or drawn upon a paved roadway,
except devices moved by human or animal power or used exclusively
upon stationary rails.
-3-
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1.24 Multiple chamber incinerator. Any article, machine, equipment,
contrivance, structure, or part of a structure used to dispose
of combustible refuse by burning, consisting of three or more
refractory lined combustion furnaces in series, physically
separated by refractory walls, interconnected by gas passage
ports or ducts, and employing adequate design parameters neces-
sary for maximum combustion of the material to be burned.
1.25 Light duty motor vehicle. Any motor vehicle either designed
primarily for transportation of property and rated at 2,721
kilograms (6,000 pounds) GVW or less or designed primarily for
transportation of persons and having a capacity of 12 persons
or less, or any motor vehicle designed primarily for purposes
of transporting persons and property and rated by the manufac-
turer at 2,721 kilograms (6,000 pounds) GVW or less.
1.26 Nuisance. Anything which is injurious to health, offensive to
the senses, or an obstruction to the free use of property, so
as to interfere with the comfortable enjoyment of life or
property.
1.27 Odor. A characteristic of an air contaminant which makes it
perceptible to the sense of smell.
1.28 Opacity. The property of a substance tending to obscure vision
and measured in terms of percent obscuration. The relationship
between opacity and Ringelmann number is approximately equal to
the following in shades of white to gray.
Opacity Ringelmann
(percent) No.
20 1
40 2
60 3
80 4
100 5
1.29 Open burning. Any fire from which the products of combustion are
emitted directly into the atmosphere without passing through a
stack, chimney, or other device approved by the control officer.
1.30 Operating permit. A document issued and signed by the control
officer, approving with, or without restrictions, the operation
of a new or existing single source of air contaminant.
1.31 Particulate matter. Any material except uncombined water that
exists in a finely divided form as a liquid or solid at refer-
ence conditions.
1.32 Pathological wastes. Human and animal remains, consisting of
carcasses, organs, and solid organic wastes from hospitals, labo-
ratories, abattoirs, animal pounds and similar sources.
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1.33 Person. The State of Nevada, any individual, group of indi-
viduals, partnership, firm, company, corporation, association,
trust, estate, political subdivision, administrative agency,
public or quasi-public corporation, or other legal entity.
1.34 Process weight. The total weight of all materials introduced
into a single source operation, including solid fuels, but
excluding liquids and gases used solely as fuels and air intro-
duced for purposes of combustion of the fuel.
1.35 Process weight rate. A rate established as follows:
1.35.1 For continuous or long-run steady-state operations, the
total process weight for the entire period of continuous
operation or for a typical portion thereof, divided by the
number of hours of such period or portions thereof.
1.35.2 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
number of hours of actual process operation during such a
period.
1.35.3 Where the nature of any process, operation, or the design
of any equipment is such as to permit more than one inter-
pretation of this definition, the interpretation that
results in the minimum value of allowable emission shall
apply.
1.36 Process equipment. Any equipment used for storing, handling,
transporting, processing or changing any material, excluding
that equipment specifically defined in these regulations as
fuel-burning equipment or incinerators.
1.37 Reference conditions. All measurements of ambient air quality
are corrected to a reference temperature of 25°C. and to a
reference pressure of 760 millimeters of mercury (1,013.2
millibars).
1.38 Registration certificate. A document issued and signed by the
control officer, certifying adequate empirical data for the
single source has been received.
1.39 Ringelmann chart. The chart published by the U. S. Bureau of
Mines which illustrates graduated shades of grey to black for
use in estimating the light obscuring capacity of smoke.
1.40 Salvage operation. Any operation conducted in whole or in part
for the salvaging or reclaiming of any product or material.
1.41 Single source. All similar process operations located at a single
plant which can technically and economically be replaced by a
single piece of equipment that performs the same function.
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1.42 Smoke. Small particles consisting predominantly, but not exclu-
"sTveTy, of carbon, ash, and other combustible material, resulting
from incomplete combustion.
1.43 Source. Anything which emits any air contaminant to the atmos-
phere.
1.44 Registration certificate. A document issued and signed by the
Director certifying adequate empirical data for the single or
complex source has been received and shall constitute approval
of location.
1.45 Stack or chimney. Any flue, conduit, or duct arranged to conduct
an air contaminant to the atmosphere.
1.46 Stop order. A written notice by the control officer served on
a person or persons engaged in the doing or causing the construc-
tion, installation or alteration of work involving an air con-
taminant source or sources ordering such work to be stopped.
1.47 Submerged fill pipe. Any fill pipe the discharge opening of
which is entirely submerged when the liquid level is 6 inches
above the bottom of the tank; or when applied to a tank which
is loaded from the side, shall mean any fill pipe the discharge
opening of which is entirely submerged when the liquid level is
two times the fill pipe diameter above the bottom of the tank.
1.48 Uncombined water. Visible mist or condensed water vapor.
1.49 Volatile organic compounds. Any compound, containing carbon and
hydrogen or containing carbon and hydrogen in combination with
any other element, which has a vapor pressure of 1.5 pounds per
square inch absolute, or greater, under actual storage conditions.
1.50 Haste. Useless, unneeded, or superfluous matter; discarded or
excess material.
1.51 Wet Garbage. Any combination of waste and garbage which contains
greater than 50 percent moisture.
1.59 Complex source. Any property or facility that has or solicits
secondary or adjunctive activity which emits or may emit any
air contaminant for which there is an ambient air quality standard,
notwithstanding that such property or facility may not itself
possess the capability of emitting such air contaminants. Complex
sources include, but are not limited to:
a. Shopping centers;
b. Sports complexes; .
c. Drive-in theaters;
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d. Parking lots and garages;
e. Residential, commercial, industrial or institutional
developments;
f. Amusement parks and recreational areas;
g. Highways;
h. Sewer, water, power and gas lines;
and other such property or facilities which will result in
increased air contaminant emissions from motor vehicles.
1.60 Vehicle trip. A single movement by a motor vehicle which origi-
nates or terminates at the single or complex source.
1.61 Contiguous property. Any property which is in physical contact,
touching, near or adjoining. Public property or public right-of-
way shall not be deemed as a break in any contiguous property.
1.67 GVW. Gross Vehicle Weight. The manufacturer's gross weight rating
for the individual vehicle.
(2.0) ARTICLE 2: GENERAL PROVISIONS
2.1 Severability:
2.1.1 These regulations and their various portions are severable. Should
any portion thereof be declared invalid or unconstitutional it
shall not affect any other portion.
2.2 Circumvention:
2.2.1 Except for the sole purpose of reducing the odor of an emission
no person shall install, construct, or use any device which con-
ceals any emission without resulting in a reduction in the total
release of air contaminants to the atmosphere.
2.3 Written Notice:
2.3.1 Written notice shall be deemed to have been served, if delivered
to the person to whom addressed or if sent by registered or
certified mail to the last known address of the person.
(8.0) 2.4 Emergency Procedure:
2.4.1 Without limiting the authority of any State officer to declare
or to act on an emergency, the control officer or local air
pollution control agency upon determining that a generalized
condition of air pollution exists or that the emission from one
or more single sources of air contaminants is causing a danger
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to human health or safety may order persons causing or con-
tributing to the air pollution to immediately reduce or discon-
tinue all emission of contaminants.
2.4.2 The order shall fix a time within 24 hours of issuance and a
place for an appeal before the hearing board.
2.4.3 Within 24 hours after the completion of the hearing, the hearing
board shall decide the appeal and may recommend the affirmance,
modification, or reversal of the order.
(7.0) 2.5 Scheduled Maintenance, Testing, and Breakdown or Upset:
(9.0)
2.5.1 Scheduled maintenance, testing approved by the control officer,
or repairs which may result in emissions of air contaminants
prohibited by these regulations shall be performed during a
time designated by the control officer as being favorable for
atmospheric ventilation.
2.5.2 The control officer shall be notified in writing on the time and
expected duration at least 24 hours in advance of any scheduled
maintenance which may result in emission of air contaminants
prohibited by these regulations.
2.5.3 The control officer shall be notified within 24 hours after any
breakdown or upset.
2.5.4 Breakdown or upset, determined by the control officer to be
unavoidable and not the result of careless or marginal operations,
shall not be considered a violation of these regulations.
(9.0) 2.6 Testing and Sampling:
2.6.1 To determine compliance with these regulations, the control
officer may either conduct or order the owner of any source to
conduct or have conducted such testing and sampling as the
control officer determines necessary.
2.6.2 All testing and sampling will be performed in accordance with
recognized methods and as specified by the control officer.
2.6.3 The cost of all testing and sampling and the cost of all sampling
holes, scaffolding, electric power, and other pertinent allied
facilities as may be required and specified in writing by the
control officer shall be provided and paid.for by the owner
of the source.
2.6.4 All information and analytical results of testing and sampling
shall be provided to both the owner and the control officer.
;
2.7.2 Confidential information can be used in the prosecution of a vio-
lation of any air pollution control statute, ordinance or regula-
. tion.
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2.7.3 Any person who discloses or knowingly uses confidential infor-
mation in violation of these regulations is guilty of a mis-
demeanor and shall be liable in tort for any damages which may
result from such disclosure or use.
(2.0) 2.8 Administrative Fines:
2.8.1 Any violation of a provision of these regulations except 2.7.3
and Article II is subject to an administrative fine levied by
the Commission or an approved local control agency of not more
than $5,000 per violation.
2.8.2 Unless otherwise provided herein all violations shall be classi-
fied as a major violation and a fine up to $5,000 per occurrence
may be levied.
2.8.3 Violations of Articles 5, 6, 7.3, 9.1, or 10 shall be classified
as a minor or lesser violation, unless there are four or more
violations of any one of these articles by a person occurring
in twelve consecutive months.
2.8.4 Minor Violation Fine Schedule:
First Second Third
Offense Offense Offense
Article 5, Open Burning $25 .. .$50 . . $100
Article 6, Incinerator Burning
Equal to or less than 25 pounds per hour. $25 . . .$50 . . $100
Greater than 25 pounds per hour $50 . . $100 . . $200
Article 7, Fugitive Dust $50 .. $100 . . $200
Article 9.1, Storage of less than
40,000 gallons $50 .. $100 . . $200
Article 10, Odors $50 .. $100 . . $200
All minor violations shall become major violations upon the occur-
rence of the fourth violation in any twelve consecutive months.
2.8.5 Procedure for paying minor violations in lieu of appearing before
the hearing board:
2.8.5.1 Submit amount in accordance with minor fine schedule within
ten days after issuance of citation.
2.8.5.2 . Cashiers checks, certified checks, or money orders should be
made payable to the county in which the violation occurs.
2.8.6 Each day that a violation continues shall constitute a separate
violation.
2.8.7 All administrative fines collected by the Commission pursuant
to these regulations shall inure to and be deposited in the
general fund of the county in-which the violation occurred.
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2.9 Time for Compliance:
2.9.1 All new sources after the effective date of these regulations
shall comply with these State regulations.
2.9.2 All existing industrial sources which require an operating
permit shall:
a) Be in compliance with these regulations within 3 months
after the effective date of these regulations, or
b) Have submitted a compliance schedule for approval by the
Commission within 3 months after the effective date of
these regulations.
2.9.3 The Commission shall approve, modify, or reject the submitted
compliance schedule within 60 days after submission. Thirty (30)
days after the rejection of a compliance schedule the source shall
be considered to be in violation of these regulations unless they
have a modified compliance schedule approved by the Commission.
2.9.3.1 Compliance schedules shall contain specific progress steps that
will be taken toward achieving compliance.
2.9.3.2 The Commission may require periodic reports on each phase of
progress under approved compliance schedules. Failure at any
phase to make diligent and reasonable progress toward compliance
with the approved compliance schedule shall be deemed an unrea-
sonable delay and shall subject the operator of the source to
administrative fines as provided in Article 2.8.2 of these
regulations.
2.9.4 In approving compliance schedules, the Commission shall take into
consideration the social and economic impact of the schedule,
including, but not limited to, impact on availability of fuels,
energy, transportation and employment.
2.9.5 When in the opinion of the control officer there is a violation
of any provision of these regulations, or approved compliance
schedule, he shall cause a written notice to be served upon the
person responsible for the alleged violation.
2.9.6 The written notice shall specify the provision of these regula-
tions or the approved compliance schedule that is being violated
and the facts constituting the alleged violation. It may include
an order to take corrective action or submission of a schedule
for compliance within a specified reasonable time. Such order
shall become final unless within 10 calendar days after service
of the written notice, the person named in the order requests a
hearing board.
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2.9.7 The control officer may require the person to appear before the
hearing board at a specified time or place or the Commission may
initiate action to levy the appropriate fine.
(2.0) 2.10 Appeals of the Control Officer's Action:
2.10.1 Any person aggrieved by:
2.10.1.1 The issuance, denial, renewal, suspension or revocation of
an operating permit; or
2.10.1.2 The issuance, modification or rescission of any other order,
by the control officer may appeal to the hearing board.
2.10.2 The hearing board shall decide the appeal, and may recommend the
affirmance, modification or reversal of any action taken by the
control officer which is the subject of the appeal.
2.10.3 The hearing board shall provide, by rule, for the time and manner
in which appeals are to be taken to the Board.
2.10.4 Application forms for appeal shall be obtained from the control
officer.
(5.0) 2.11 Variances:
2.11.1 The owner or operator of a source of air contaminant or a person
who desires to establish such a source may apply to the Commission
for a variance from its applicable regulations. The Commission
may grant a variance only if, after public hearings on due notice,
it finds from a preponderance of the evidence that:
2.11.1.1 The emissions occurring or proposed do not endanger or tend
to endanger human health or safety; and
2.11.1.2 Compliance with the regulations would produce serious hard-
ship without equal or greater benefits to the public.
2.11.2 A variance shall not be granted unless the Commission has con-
sidered the relative interest of first, the public; second, other
owners of property likely to be affected by the emission; and
last, the applicant.
2.11.3 The Commission may in granting a variance impose appropriate
conditions upon an applicant, and may revoke the variance for
failure to comply.
2.11.4 A variance may be renewed only under circumstances and upon
conditions which would justify its original granting.
/
2.11.4.1 Application for any renewal must be made at least 60 days
prior to expiration of the variance to be renewed, and the
Commission shall give public notice of the application.
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2.11.4.2 If a protest is filed with the Commission against the
renewal, the Commission shall hold a public hearing and
shall not renew the variance unless it makes specific
written findings of fact which justify the renewal.
2.11.5.1 The following limitations of duration apply to all variances.
2.11.5.1.1 If the variance is granted because no practical means is
known or available for prevention, abatement or control of
the air pollution involved, the variance shall continue only
until such means become known and available.
2.11.5.1.2 If the variance is granted because compliance with applicable
regulations will require measures which, because of extent or
cost, must be spread over a period of time, the variance
shall be granted only for the requisite period as determined
by the Commission and shall specify the time when the succes-
sive steps are to be taken.
2.11.5.1.3 If the variance is granted for any other reason, it shall be
granted for one year or less.
2.11.5.2 A variance whose duration is limited by paragraph 2.11.5.1.1 or
2.11.5.1.2 shall be reviewed at least once each year to determine
whether practical measures have become available or required
steps have been taken.
2.11.6.1 No applicant is entitled to the granting or renewal of a variance
as of right.
2.11.6.2 Judicial review may be had of the granting or denial of a variance
as provided in Chapter 445 of Nevada Revised Statutes.
2.11.7 Judicial review of all decisions of the Commission shall involve
a trial de novo.
(3.0) ARTICLE 3: REGISTRATION CERTIFICATES AND OPERATING PERMITS
(2.0)
3.1 General:
3.1.1 A registration certificate and an operating permit are required
for all new single sources except as exempted.
3.1.2 An existing single source requires only an operating permit
except as exempted.
3.1.3 Registration certificates and operating permits are non-transferable
from person to person or source to source.
3.1.4 U. S. Registered or Certified Postmark date shall establish the
official date of all applications for registration certificates
and operating permits.
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3.1.5 Applications for either a registration certificate or an operating
permit shall be made in writing to the control officer on the
exact form provided by him.
3.1.6 Application forms for requesting the issuance of either a regis-
tration certificate or an operating permit can be obtained from
the control officer.
3.1.7 All fees shall be paid to the State of Nevada or local agency
which certified issuance of the certificate or permit, and are
not refundable.
3.1.8 The following existing and new single sources do not require
either registration certificates or operating permits.
a) Air conditioning equipment having a gross output rating
of less than 4,000,000 BTU/hr.
b) Motor vehicles, special mobile equipment, and internal
combustion engines.
c) Residential and commercial housekeeping vacuum systems.
d) Incinerators with less than 25 pounds per hour rated
burning capacity.
e) Agricultural use of land.
3.1.9 Registration certificates for single and complex sources and
operating permits for single sources may be issued through an
approved local air pollution control program.
(3.0) 3.2 Registration Certificates:
3.2.1 A separate registration certificate is required for each new
single source.
3.2.2 A valid registration certificate is a prerequisite for the con-
struction or alteration of a source of air contaminant prior to
obtaining any building permit required by local ordinances.
3.2.3 Requests for the issuance of a registration certificate or the
replacement of a lost or damages registration certificate with
the appropriate fee shall be submitted to the control officer
on the application form provided by him.
3.2.4 Within 5 days after receiving an application for registration,
the Director shall determine what, if any, additional information
is needed. Within 15 days after receiving adequate information
the Director shall make a preliminary determination to issue or
deny issuance of a registration certificate. Within 75 days after
receiving adequate information, pursuant to Article 13, the
Director shall issue or deny issuance of a registration certificate.
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3.2.5 A registration certificate shall only expire if construction of
a new or modified source, including a complex source, is not
commenced within one year from the date of issuance thereof or
construction of the facility is delayed for one year after
initiated.
3.2.6 The fee for each initial registration certificate, its replacement
or renewal is $10.00.
(2.0) 3.3 Stop Order:
3.3.1 A stop order will be issued if:
3.3.1.1 The proposed construction, installation, alterations, or
establishment will not be in accordance with the provisions
of the plans, specifications and other design material re-
quired to be submitted for registration; or
3.3.1.2 The design material or the construction itself is of such a
nature that it patently cannot bring such source into com-
pliance with these regulations.
3.3.2 A stop order can be issued at any time before the operating permit
is granted, except that a stop order for a source shall not be
issued after construction or modification has commenced if the
construction is in accordance with the provisions of the registra-
tion certificate as submitted and approved by the Director under
Article 13 hereof.
3.3.3 A person served with a stop order shall forthwith stop all activi-
ties specified in the stop order.
3.3.4 A stop order shall be a written statement stating the reason for
its issuance.
3.3.5 A person served with a stop order may apply for its revocation at
any time, setting forth the facts upon which he believes that the
reasons for the issuance of the stop order no longer exists. If
the control officer finds that the reasons for the issuance of the
stop order no longer exist, he shall withdraw the order promptly.
If the control officer finds that the reasons for the issuance
of the stop order still exist, or that other reasons exist for
continuing a stop order in effect, he shall, within 24 hours,
serve a written statement of his reasons for so finding.
(3.0) 3.4 Operating Permit:
3.4.1 Ninety calendar days after the effective date of these regulations
no person shall use any new or existing single source without a
current operating permit except as exempted.
3.4.2 A separate operating permit is required for each new or existing
. single source.
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3.4.3 Operating permits shall be posted conspicuously on or near the
single source.
3.4.4 Operating permits shall expire and shall be subject to renewal
five (5) years after the date of issuance.
3.4.5 Possession of a valid registration certificate shall be a pre-
requisite to obtaining the initial operating permit for a new
source.
3.4.6 Application for the issuance of an initial operating permit shall
be submitted in writing to the control officer on the exact form
provided by him and with the appropriate fee prior to the date of
the proposed use of the source.
3.4.7 An operating permit shall be granted if the control officer finds
from the application and other relevant information that use of
the source will not result in any violation of the air quality
regulations, or if the Commission has approved a compliance
schedule. A denial of an application for an operating permit
shall be accompanied by a statement of the reasons therefor, and
if the control officer has relied in his decision upon informa-
tion not contained in the application, the statement of reasons
shall identify and state the substance of such information.
3.4.8 Requests for the renewal of an operating permit shall be submitted
in writing to the control officer with the appropriate fee at
least thirty (30) calendar days prior to the expiration date of
the current permit.
3.4.9 Requests for the replacement of a lost or damaged operating permit
shall be made in writing to the control officer with the appro-
priate fee within thirty (30) calendar days after the date of
its loss or destruction.
3.4.10 An operating permit can be revoked by the control officer upon
determining that there has been a violation of these regulations.
The revocation shall be effective ten days after the service of a
written notice and the revoked operating permit shall be surrendered
immediately unless a hearing is requested.
3.4.11 The fee for each initial operating permit is $50.00.
3.4.12 The fee for the replacement of a lost or damaged operating permit
is $10.00.
3.4.13 The fee for re-issuing an operating permit for one that has been
revoked or allowed to expire is $100.00.
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(50.1.2) ARTICLE 4: VISIBLE EMISSIONS FROM STATIONARY SOURCES
4.1 Unless otherwise provided herein, no person shall cause, suffer,
allow or permit the discharge into the atmosphere, from any
stationary source, any air contaminant for a period or periods
aggregating more than three minutes in any one hour, which is
of an opacity equal to or greater than 10 percent.
4.2 These regulations shall not apply if the presence of uncombined
water is the only reason for the failure of an emission to comply
with these regulations. The burden of proof to establish the
application of this exemption shall be upon the person seeking
to come within this exemption.
4.3 Exceptions to this Article:
4.3.1 Smoke from the open burning set forth in Article 5.2.
4.3.2 Smoke discharged in the course of training air pollution control
inspectors to observe visible emissions, if such facility has
written approval of the Commission.
4.3.3 Emissions from an incinerator set forth in Article 6.
4.3.4. Emissions from any mobile equipment set forth in Article II.
4.3.5 Emissions of stationary diJiel-powered engines, for not longer
than 15 minutes for warm-up of cold engines to achieve operating
temperatures.
4.4 Application of this Article to existing copper smelters:
4.4.1 An existing copper smelter shall submit to the Director for his
review and approval information and data on an appropriate in-
stack electronic detector.
4.4.2 Visible emissions shall be determined by the use of an approved
in-stack mounted electronic detector, with sensitivity restricted
to the visual range of the light spectrum. Approved electronic
detectors shall be calibrated monthly and a summary report shall
be maintained by the source and provided to the Director.
(51.13) ARTICLE 5: OPEN BURNING - Approved but does not provide for prohibition of
open burning during emergency episodes. F.R. 5/14/73
5.1 The open burning of any combustible refuse, waste, garbage, oil
fires, or for any salvage operations, except as specifically
exempted, is prohibited.
5.2 Open burning exempted from these regulations shall consist of:
5.2.1 Open burning approved in advance by the control officer.
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5.2.2 Open burning, concurred in by the control officer and
authorized by an officer of the State or its political
subdivisions, for the purpose of weed abatement, conserva-
tion, disease control, game or forest management, personnel
training, or elimination of hazards.
5.2.3 Open burning for agricultural purposes and management in
rural areas except where prohibited by the control officer.
5.2.4 Open burning at a single family residence to which no fran-
chised collection service is available unless otherwise
prohibited by local ordinances or regulations.
5.2.5 Open burning of small wood fires for recreational, educational,
ceremonial, heating or cooking purposes.
5.3 All open burning must be attended and controlled at all times to
eliminate fire hazards.
(51.9) ARTICLE 6: INCINERATOR BURNING
6.1 Burning in any incinerator other than the multiple chamber type
or as approved by the control officer is prohibited.
6.2 Incinerator burning which produces for periods totaling one minute
in any one hour a visible emission which is of an opacity equal to
or greated than 20 percent is prohibited.
6.3 Unless otherwise prohibited by local ordinances or regulations the
following type incinerator burning is exempted:
6.3.1 Single chamber incinerator at a single family residence
located in a rural area except as prohibited by the control
officer.
6.3.2 Single chamber incinerator burning in an area in which the
control officer determines that no franchised garbage or
waste collection service is available.
6.4 Incinerators used for the burning of pathological wastes, wet
garbage, or high moisture content material shall be high tempera-
ture types with either grate or solid hearth construction, drying
shelves for wet wastes, and an auxiliary heating unit to insure
temperatures of 1400° Fahrenheit for not less than 0.3 of a
second. The hearth shall be frequently cleaned at regular inter-
vals to prevent buildup of residues and deposits.
6.5 The rated burning capacity, operating and maintenance procedures
approved by the control officer shall be posted conspicuously on
or near the incinerator. '
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(50.1) ARTICLE 7: PARTICULATE MATTER
(51.5) 7.1 Fuel Burning Equipment:
7.1.1 No person shall cause, suffer, allow or permit the emission of
particulate matter resulting from the combustion of fuel in
excess of the quantity set forth in the following table:
Maximum allowable emission of
Heat input in millions particulate matter in pounds
of British thermal units per hour per million British
per hour thermal units of heat input
Up to and including 10 0.600
100 0.352
1,000 0.207
10,000 0.0904
100,000 0.0243
7.1.1.1 For heat inputs greater than 10 but less than 4,000 million
BTU's per hour the allowable emissions shall be calculated
by using the following equation:
Y = 1.02 x"°'231
7.1.1.2 For heat inputs equal to or greater than 4,000 million BTU's
per hour the emissions shall be calculated by the use of the
equation:
Y = 17.0 X'0'568
X = maximum equipment capacity rate in million BTU's
per hour
Y = allowable rate of emission in pounds per million BTU's
7.1.2 For purposes of these regulations the heat input shall be the
aggregate heat content of all fuels whose products of combustion
pass through a stack or stacks or the equipment manufacturer's
or designer's guaranteed maximum input, whichever is greater.
The total heat input of all fuel burning units on a plant or
premises shall be used for determining the maximum allowable
amount of particulate matter which may be emitted.
7.1.3 Air-conditioning equipment with a maximum gross heat input of
less than four mi 11 ion BTU's per hour shall be exempted from
these regulations.
(50.1.1) 7.2 Industrial Sources:
7.2.1 Sources not otherwise included in these regulations shall not
cause, suffer, allow or permit particulate matter to be discharged
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from any single source into the atmosphere in excess of the
allowable emission shown in Table 1. When the process weight
falls between two values in the table, the maximum weight dis-
charged per hour shall be determined by interpolation.
Table 1
PROCESS WEIGHT RATE
Ibs/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
Ibs/hr
0.551
0.877
1.400
1.830
2.220
2.580
3.380
4.100
4.760
5.380
5.96
6.52
7.58
8.56
9.49
10.4
11.2
12.0
13.6
PROCESS WEIGHT RATE
Ibs/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
Ibs/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
7.2.2 When the process weight is less than 60,000 pounds per hour, the
maximum allowable weight discharged per hour will be determined
by the use of the following equation:
E = 4.10 P°'67
7.2.3 When the process weight exceeds 60,000 pounds per hour, the
maximum allowable discharge per hour will be determined by the
use of the following equation:
E = 55 P°'11-40
E = maximum rate of emission in pounds per hour
P = process weight rate in tons per hour
7.2.4 For purposes of these regulations the sum of the process weight
rate for a single source will be used to calculate allowable
emission rates. Determination of whether or not two or more
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units are sufficiently similar to justify treatment as a single
unit depends upon whether or not they can reasonably be replaced
by a single piece of equipment that performs the same function.
Two or more pieces of equipment or processes that handle different
materials or produce dissimilar products will be treated sepa-
rately in the application of these regulations.
(50.1) 7.3 Fugitive Dusts:
7.3.1 No person shall cause or permit the handling, transporting or
storage of any material in a manner which allows, or may allow,
controllable particulate matter to become airborne.
7.3.2 In areas designated by the control officer no person shall cause
or permit the construction, repair or demolition work or use of
unpaved or untreated areas without applying all such measures as
may be required by the control officer to prevent particulate
matter from becoming airborne.
7.3.3 No person shall disturb or cover any topsoil prior to obtaining
a registration certificate or operating permit for the purpose
of clearing, excavating, or leveling land of 20 acres or more for
any building construction. An operating permit for the deposit
of any foreign material covering land of 20 acres or more is re-
quired except for agricultural land.
(50.2) ARTICLE 8: SULFUR EMISSIONS
(51.11) 8.1 Primary Non-Ferrous Smelters;
8.1.1 No new industry shall cause, suffer, allow or permit the emission
of sulfur in excess of the allowable emission shown in Table 2.
Table 2
Total Feed Sulfur Allowable Sulfur Emission - Kg/Hour
Kg/Hour Cu. Zn. Pb.
500 50 49 49
1,000 100 89 84
5,000 500 348 289
10,000 1,000 628 493
20,000 2,000 1,132 841
40,000 4,000 2,040 1,433
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8.1.2 The maximum allowable weight discharged per hour for new industry
will be determined by use of the following equations:
Copper smelters . . . . Y » 0.1 X n « (Y = 0.1 X) n B,
Zinc smelters Y = 0.25 X~'„ (Y = 0.282 XX'??)
Lead smelters Y = 0.41 Xu>// (Y « 0.49 Xu
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8.2.2.1 For heat input of less than 250 million BTU's per hour the
allowable emission shall be calculated by the use of the
following equation:
Y = .7 X
X = maximum heat input in millions of BUT's per hour
Y - allowable rate of sulfur emission in pounds per hour
8.2.2.2 For heat input of greater than 250 million BUT's per hour the
allowable emission shall be calculated by the use of the
following equation:
Y = 0.105 X
X = maximum heat input in millions of BTU's per hour
Y = allowable rate of sulfur emission in pounds per hour
8.2.2.3 For the purposes of these regulations "sulfur emission" means
the sulfur portion of the sulfur compounds.
(50.7) ARTICLE 10: ODORS
10.1 Odors:
10.1.1 No person shall discharge, or cause to be discharged from any
source any material or air contaminant which is, or tends to be,
offensive to the senses, injurious or detrimental to health and
safety, or which in any way interferes with or prevents the com-
fortable enjoyment of life or property.
10.1.2 The control officer shall investigate an odor when 30 percent or
more of a sample of the people exposed to it believe it to be
objectionable in usual places of occupancy, the sample size to
be at least 20 people or 75 percent of those exposed, if fewer
than 20 people are exposed.
10.1.3 The control officer shall deem the odor occurrence a violation, if
he is able to make two odor measurements within a period of one
hour. These measurements must be separated by at least 15 minutes.
An odor measurement shall consist of a detectable odor after the
odorous air has been diluted with eight or more volumes of odor-
free air.
(51.21) 10.2 Reduction of Animal Matter:
10.2.1 The operation of any article, machine, equipment or other contriv-
ance for the reduction of animal matter is prohibited unless all
gases, vapors and gas-entrained effluents are:
10.2.1.1 Incinerated at temperatures of not less than 1400°F. for
not less than 0.3 second; or
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10.2.1.2 Processed in a manner determined by the control officer
to be equally efficient.
10.2.2 These regulations do not apply to any article, machine, equipment,
or other contrivance used exclusively for the processing of food
for human consumption.
(12.0) ARTICLE 11: MOBILE EQUIPMENT
11.1 No person shall operate or leave standing on any highway any motor
vehicle which is required by federal regulation to be equipped
with a motor vehicle pollution control device unless such device
is correctly installed and in operating condition. No person shall
disconnect, alter or modify any such required device. The provi-
sions of this Article shall not apply to an alteration or modifi-
cation found not to reduce the effectiveness of any required motor
vehicle emission control device. Neither shall the provisions of
this Article apply to an alteration or modification of a vehicle
to fuel use other than gasoline or diesel fuel where such altera-
tion or modification is effected without violating existing
federal and State standards for the control of exhaust emissions.
11.2 No gasoline-powered motor vehicle shall be operated which emits
smoke while moving for a distance of more than 100 yards upon the
streets, roads or highways of the State.
11.3 No person shall operate a diesel-powered motor vehicle or special
mobile equipment manufactured after January 1, 1970, below 5000
feet elevation, where the period of continuous vehicle emission
exceeds an opacity greater than 20 percent for more than 15 seconds.
Diesel-powered motor vehicles or special mobile equipment manufac-
tured prior to January 1, 1970, shall not exceed an opacity of
40 percent for more than 15 consecutive seconds.
11.4 Diesel-powered motor vehicles or special mobile equipment operating
above a 5000 foot elevation shall not exceed an opacity of 40
percent for more than 15 seconds.
11.5 Unless provided for by federal regulation no person shall operate
a device manufactured after January 1, 1970, used exclusively
upon stationary rails below 5000 feet elevation where the period
of continuous emission is of an opacity greater than 40 percent
for more than 15 consecutive seconds. Devices manufactured prior
to January 1, 1970, used exclusively upon stationary rails shall
not exceed an opacity greater than 60 percent for more than 15
consecutive seconds.
11.6 Unless otherwise provided for by federal regulation devices used
exclusively upon stationary rails operated above a 5000 foot
elevation shall not exceed an opacity greater than 60 percent
for more than 15 consecutive seconds.
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(2.0) 11.7 Exceptions to this Article:
11.7.1 Scheduled maintenance or repairs which may result in emissions
of air contaminants performed in an area determined by the control
officer as constituting a repair shop shall not be in violation
of this Article.
11.7.2 Diesel-powered motor vehicles and special mobile equipment may
exceed the emissions set forth in 11.3 and 11.4 for not more than
15 minutes for stationary warmup of cold engines to achieve
operating temperatures.
11.7.3 Emissions in excess of those set forth in Articles 11.5 and 11.6
shall not violate the requirements of this Article if emissions:
a) Are a result of maintenance or repairs.
b) For a period of 40 consecutive seconds during acceleration
under load.
c) For a period of 4 consecutive minutes when loaded after
a period of idle.
d) For a period of 30 consecutive minutes when starting a
cold engine.
11.c; In areas where Federal air quality standards for carbon monoxide,
oxides of nitrogen or hydrocarbon are exceeded or it is immenently
apparent that they will be exceeded the Commission will institute
a vehicle emission inspection program by 1974 to insure compliance
with applicable regulations.
11.9 The Department of Motor Vehicles, main office or branch offices,
or the county assessor, shall refuse registration or renewal or
transfer of registration of any passenger car or motor truck with
gross vehicle weight of 6000 pounds or less (as defined and refer-
ence made thereto in Chapter 482 of NRS) within any county that
has been designated by the Commission as being in noncompliance
with the Federal ambient air standards unless the registrant has
a valid certificate of compliance from a licensed motor vehicle
pollution control device inspection station or air pollution
control agency indicating that such vehicle is properly equipped
with a pollution control device as required by federal regulation
and that it is in proper operating condition and that emissions,
when tested, will meet applicable standards.
(4.0) ARTICLE 12: AMBIENT AIR QUALITY STANDARDS
12.1 The following air contaminant concentrations shall not be exceeded
at any single point in the ambient air:
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2.1.1 Sulfur oxides as sulfur dioxide -
Annual arithemetic mean 60 ug/m, (.02 ppm)
Maximum 24-hour concentration. . . . 260 ug/mf (0.1 ppm)
Maximum 3-hour concentration . . . 1,300 ug/m (0.5 ppm)
12.1.2 Particulate matter .
Annual geometric mean 60 ug/m3
Maximum 24-hour concentration. . . . 150 ug/m
12.1.3 Carbon monoxide ,
Maximum 8-hour concentration . . .10,000 ug/m« (9.0 ppm)
Maximum 1-hour concentration . . .40,000 ug/m (35.0 ppm)
12.1.4 Photochemical oxident 3
Maximum 1-hour concentration . . . .160 ug/m (.08 ppm)
12.1.5 Hydrocarbons (non-methane fraction)
Maximum 3-hour concentration between 3
6:00 a.m. and 9:00 a.m 160 ug/m (0.24 ppm)
12.1.6 Nitrogen dioxide 3
Annual arithmetic mean 100 ug/m (.05 ppm)
12.2 All values corrected to reference conditions.
12.3 Definitions:
ug/m - micrograms per cubic meter
ppm - parts per million by volume
12.4 These ambient air quality standards are minimum goals and it is
the intent of these regulations to protect the existing quality
of Nevada's air to the extent that is economically and technically
feasible.
INDIRECT SOURCE SUBMITTED: 11/12/74 FED. REG. APPROVED: 3/26/75
(10.0) ARTICLE 13: COMPLEX SOURCES AND LARGE STATIONARY SOURCES
13.1 General Provisions for the Review of New Sources:
13.1.1 Prior to the issuance of any registration certificates in accord-
ance with this Article the applicant shall submit to the Director
an environmental evaluation and any other information the Director
may deem necessary to make an independent air quality impact
assessemnt.
13.1.2 The preliminary intent to issue or deny issuance of a registration
certificate for a single or, complex source shall be made within
15 days after receiving adequate information for reviewing the
registration application. The application, the Director's review
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and preliminary intent to issue or deny shall be made public and
maintained on file with the Director during normal business hours
at 1209 Johnson Street, Carson City, Nevada, and in the Air Quality
Region where the source is located, at a site specified in a
prominent advertisement by the Director for thirty (30) days to
enable public participation and comment. All comments on the
Director's review and preliminary intent for issuance or denial
shall be submitted in writing to the Director within thirty (30)
days after the public announcement. Within the time period pre-
scribed by Article 3.2.4., the Director shall make his decision,
taking into account written public comments on the Director's
review and preliminary intent for issuance or denial, project pro-
ponent submittal and the effect of such a facility on the main-
tenance of the ambient air quality standards as contained in
Article 12 and the control strategy contained in the Air Quality
Implementation Plan.
13.1.3 The Director shall not issue a registration certificate for any
source if the environmental evaluation submitted by the applicant
shows, or if the Director determines, in accordance with the
provisions of this Article, that the source will prevent the attain-
ment and maintenance of the State and national ambient air quality
standards or will cause a violation of the applicable control
strategy contained in the approved Air Quality Im-lementation Plan.
13.1.4 The Director may impose any reasonable conditions on his approval,
including conditions requiring the source owner or operator to
conduct ambient air quality monitoring at the facility site for
a reasonable period prior to commencement of construction or
modification, and for any specified period after the source has
commenced operation.
13.1.5 Where a proposed source located on contiguous property is con-
structed or modified in increments which individually are not
subject to review as provided in this Article, all such increments
occurring since the effective date of this Article shall be added
together for determining the applicability of this Article.
13.1.6 Approval and issuance of a registration certificate to any source
construction or modification shall not affect the responsibilities
of the owner or owners to comply with any other portion of the
control strategy.
13.1.7 Any source or proposed facility shall, upon written application to
the Director, receive within thirty (30) days a written notice of
his determination, either requiring the submittal of an environ-
mental evaluation or exempting the source from such requirement.
13.2 The following new complex sources or a modification to an existing
complex source which would cause increases to the existing complex
source as specified below, or other such facilities as the Director
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may specify upon written notice shall apply for registration
certificates in accordance with this Article.
13.2.1 Shopping centers with motor vehicle parking areas of greater
than 500 spaces or which generate greater than 1,000 motor
vehicles trips/hour or 5,000 motor vehicle trips/eight hours.
13.2.2 Sports complexes with motor vehicle parking areas greater
than 1,000 spaces or a seating capacity of greater than
3,000 persons.
13.2.3 Drive-in theaters with motor vehicle parking facilities of
greater than 500 spaces.
13.2.4 Motor vehicle parking lots or garages with greater than 500
spaces.
13.2.5 Residential, governmental, commercial, industrial or institu-
tional developments which can generate greater than 1,000
vehicles trips/hour or 5,000 vehicles trips per any eight
hour period or which have parking facilities of greater than
1,000 spaces or residential development with greater than 500
individual or multiple occupancy units or commercial or insti-
tutional facilities with greater than 500 sleeping or rooming
accommodations.
13.2.6 Amusement parks and recreational areas with motor vehicle
parking areas of greater than 1,000 spaces and which can
generate greater than 1,000 vehicle trips/hour or 5,000
vehicle trips/eight hour period.
13.2.7 Highways with anticipated average annual daily traffic volumes
of greater than 10,000 motor vehicles per day.
13.2.8 Sewer, water, power and gas lines which are designed to serve
greater than 5,000 new connections over the next ten years.
13.2.9 Airports which are expected to generate greater than 25,000
landings and take-off operations per year by regularly
scheduled airlines or charter flights over the next ten
years or with parking areas of greater than 500 spaces or
which generate greater than 1,000 vehicle trips/hour or 5,000
vehicle trips/eight hours.
13.3 The following new single sources or modifications to an existing
single source which would cause increases to existing single
sources as specified below shall submit an environmental evalua-
tion with their application(s) for registration:
13.3.1 Any single source which can cause, allow or permit the emission
of an air contaminant of greater than 23 kilograms (50 pounds)
per hour.
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13.3.2 Any combination of single sources located at a single premise
which can cause, allow or permit the emission of an air con-
taminant of greater than 23 kilograms (50 pounds) per hour.
13.3.3 Any signle source, upon written notice from the Director.
13.4 Environmental Evaluation:
13.4.1 The environmental evaluation required for new or modified single
or complex sources, as determined by this Article or as required
by the Director, shall include the following:
13.4.1.1 An environmental evaluation shall be a careful and detailed
assessment of the environmental aspects of a proposed action.
13.4.1.2 An environmental evaluation shall contain adequate environ-
mental safeguards to be implemented by the applicant to provide
for the maintenance of acceptable air quality and shall con-
sider:
a) Ambient air concentrations before, during and after
construction, empirically calculated with recognized
methods as approved by the Director; or, in the case
of existing ambient air concentrations, they may be
measured with approved methods at approved site loca-
tions for not less than one year. Estimates shall be
empirically determined for ambient air concentration
immediately contiguous to the facility and at the
point of predicted maximum concentration with the
surrounding region.
b) Diffusion models used to determine the location and
estimated value of highest air contaminant concentra-
tion shall contain:
1. Assumptions and premises.
2. Evaluation at the recorded most adverse meteoro-
logical conditions in the last 100 years.
3. Evaluation at the recorded most adverse meteoro-
logical conditions in the last year.
4. Geographic area considered in the evaluation.
5. Dispersion equations.
6. Predicted contaminant buildup.
7. Location, fype and amount of emissions.
8. Meteorological information.
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c) Alternate proposals which could be implemented as
conditions of approval.
d) Other probable environmental effects, before, during
and after construction shall be considered in the
narrative portion of the evaluation.
13.5 The following are exempt from Article 13.2:
13.5.1 Complex source or single sources existing prior to February 25,
1974, and remaining unmodified thereafter or those facilities
which have received local approval and necessary building or
construction permits by April 1, 1974; and commence a continuous
program of construction before July 1, 1974.
13.5.2 Those complex sources or single sources obtaining an exemption
granted by the President under Section 118 of the Clean Air
Act of 1970.
(2.0) ARTICLE 14: SUPPLEMENTARY CONTROL SYSTEMS (SCS)
14.1 Definition - Supplementary Control Strategy is designed to maintain
air quality standards by using rapid curtailment of the rate of
sulfur emissions during adverse meteorological conditions in order
to prevent the occurrence of ground-level ambient air concentra-
tions in violation of Ambient Air Quality Standards.
14.1.1 Supplementary Control Systems (SCS) shall apply to all sources
using available constant emission reduction technology to the
maximum extent practicable, as contained in Article 8 of the
Nevada Air Quality Regulations, which even with this technology,
may not maintain the Ambient Air Quality Standards contained in
Article 12.
14.2 Guidelines - A Supplementary Control System program shall have the
following capabilities.
14.2.1 Continuous sampling of wind speed, wind direction, inter-
mittent determination of atmospheric stability, and data and
analyzing equipment approved by the Director shall be provided.
The meteorological sampling sites shall be located at points
where representative meteorological conditions are most likely
to occur and these sites shall be designated by the Director.
14.2.2 The capability of making predictions of meteorological vari-
ables, with staff or under contract with a qualified meteorolo-
gist.
14.2.3 Continuous ambient air quality monitoring equipment and analyz-
ing equipment approved by the Director in one or more locations
in the area affected by the source. The ambient air monitoring
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sites should be located at points which are both reasonably
accessible and near the locations of predictive maximum
concentrations and shall be designated by the Director,
14.2.4 A technique to store and accumulate all applicable data on
a continuous basis and make all information available to the
Director upon written request.
14.2.5 An operating predictive model capable of forecasting the
ambient air quality in the vicinity of the source which may,
at the discretion of the Director, include:
a) Meteorological inputs
1. Actual inputs
2. Predicted durations
b) Emission rates
c) Source data
d) Terrain factors
e) The time required to implement a control decision
f) The time before control decision affects ambient
air quality.
14.2.6 In lieu of an operative predictive model when emission curtail-
ment can occur within one hour, the Director may, at his
discretion and after an administrative hearing, approve
threshhold values (measured concentration levels below Ambient
Air Quality Standards and rate of change of concentrations
that will serve as indicators to potential violation of
Ambient Air Quality Standards) which shall be selected so
that the appropriate control decision can be made in time
to avoid violations of Ambient Air Quality Standards.
14.2.7 The Director shall require threshhold values with an operative
predictive model.
14.3 Implementation of Supplementary Control Systems;
14.3.1 The Director shall be granted continuous access to inspect, test,
and calibrate required meteorological equipment, ambient air
monitoring equipment, data storing and accumulating equipment,
and source discharge emission monitoring equipment and data.
14.3.2 The source shall provide adequate communications to alert the
source and the Director to the attainment of one or more predeter-
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mined or predicted pollutant levies requiring specified remedial
action which determines degree of emission discharge limitation
needed for each situation.
14.3.3 All incidents that require remedial action will be reported to
the Director within seventy-two (72) hours including information
on pollutant levels, local meteorology, operations of the source
at the time of the incident, curtailment response, and the
results of the source's response on air quality and the predict-
ability with the approved model.
14.3.4 The source shall provide an approved schedule to affect rapid
emission curtailment which identifies a responsible person or
persons on the site who are authorized to implement a curtailment
of emission and who are qualified to appraise the source, upon the
request of the Director, on the status of Supplementary Control
Systems at any time.
14.3.5 The source shall submit a quarterly report on Supplementary
Control Systems, including an analysis of the systems effect on
air quality standards and how curtailment responses to adverse
dispersion conditions were realized. All quarterly reports sub-
mitted by the source shall be systematically evaluated by the
Director to improve the reliability of the Supplementary Control
System.
14.3.6 When a predictive model is used, the ambient air quality data
and predetermined threshhold values will supplement and shall
override decisions based on the model output. The model quarterly
review operation shall be used to convert the initially approved
model into an accurate prediction mechanism tailored to the
specific plant and specific ambient air quality data collected
at the monitoring sites.
14.3.7 Where two or more sources are so situated that the emissions of
each may contribute significantly to possible violations of the
Ambient Air Quality Standards, the operation of a supplementary
control system by such sources is authorized and such sources are
to consult with each other and enter into contract for a coordi-
nated Supplementary Control System that will meet the applicable
Ambient Air Quality Standards. Such a plan shall be in writing
and shall be submitted for approval to the Director. The Director
may reject a proposed plan in whole or in part and may condition-
ally approve it upon acceptance by the sources of specific
modifications.
14.3.8 The source or sources shall accept liability for measured viola-
tions of applicable Ambient Air Quality Standards at all sites
used in the Supplementary Control System program and where
ambient air quality is significantly affected by sources'
emissions. Such acceptance must be in writing.
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14.3.9 Any other criteria may be required that the Director deems
necessary to assure that applicable ambient air quality standards
are not being exceeded.
14.3.10 The Director may require that accurate records shall be kept of
the S02 emissions by acceptable stack monitoring equipment or by
other approved methods.
14.3.11 The Director shall be immediately notified of all violations of
the applicable Ambient Air Quality Standards.
14.4 Application: An application for a Registration Certificate or
Operating Permit using a Supplementary Control System shall
contain:
14.4.1 A plan for the development, operation, and scheduling of the
implementation of a Supplementary Control System which is
subject to approval by the Director through ad administrative
hearing.
14.4.2 A comprehensive report of a thorough background study which
demonstrates the capability of the Supplementary Control System
to attain applicable Ambient Air Quality Standards. The report
shall contain a study made by the applicant during a 120 day
period when ambient air quality concentrations of S0« were
expected to be the highest during the year when the study was
conducted and shall include, but not be limited to, the
following:
a) The continuous air monitoring equipment and meteoro-
logical equipment used, its basic reliability,
accuracy, and procedure for repair, replacement or
maintenance.
b) The monitoring station locations for both ambient air
quality and meteorology and why they were chosen.
c) The diffusion model or models used, why the model or
models were used, and an estimate of the frequency of
emission curtailments that is required to attain
Ambient Air Quality Standards.
d) The methods to vary the emission rate, the basis for
the choice, and the time required to effect sufficient
reduction in the emission rate to avoid violation of
the Ambient Air Quality Standards.
e) The frequency, characteristics, time of occurrence and
duration of meteorological conditions associated with
any violation of the Ambient Air Quality Standards
during the study period.
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14.4.3 A manual describing the source's Supplementary Control
System program as stated in this Article.
14.4.4 A schedule of emission rates which would result under the
various production curtailments.
14.4.5 Any other information the Director may require.
14.5 Revocation
14.5.1 The Director may revoke continued use of a Supplementary Control
System operating permit on the following grounds:
14.5.1.1 If the source has not complied with the provisions of its
Supplementary Control System program.
14.5.1.2 If the Supplementary Control System program has failed to
protect Ambient Air Quality Standards,
14.5.1.3 If the source has not demonstrated good faith or effort in
operating an effective program.
14.5.1.4 If the Supplementary Control System program has not reduced
the emission rate in accordance with stipulated control
criteria.
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NEVADA - WASHOE CO.
EPA - APPROVED REGULATIONS
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DISTRICT BOARD OF HEALTH
OF
RENO - SPARKS - WASHOE COUNTY
NEVADA
AIR POLLUTION CONTROL
REGULATIONS
FEBRUARY 1, 1972
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GENERAL PROVISIONS
(1.0) 010.000 DEFINITIONS:
Except as otherwise specifically provided in these Regulations
and except where the context otherwise indicates, words used
in these Regulations are defined as follows:
010.005 "Air Contaminant" means any substance or gas discharged into the
atmosphere, but excluding uncombined water.
010.010 "Air Pollution" means the presence in the outdoor atmosphere of
one or more air contaminants, or any combination thereof, in
sufficient quantities and of such characteristics and duration,
which are, or may tend to be, injurious to human health and
welfare, plant or animal life, or property, or that interfere
with the comfortable enjoyment of life or property or the
conduct of business.
010.015 "Atmosphere" means the air that envelops or surrounds the earth
and includes all spaces outside of buildings, stacks, or
exterior ducts.
010.020 "Board of Health" means the District Board of Health of Reno,
Sparks and Washoe County created pursuant to N.R.S, 439.370.
010.025 "BTU - British Thermal Unit" means the quantity of heat required
to raise the temperature of one pound of water one degree
fahrenheit at or near its point of maximum density (39.1°F),
• 010.030 "Combustion Contaminants" means particulate matter discharged
into the atmosphere from the burning of any kind of material
containing carbon in a free or combined state.
010.035 "Combustible Refuse" means any waste other than liquid and gases,
which can be consumed by combustion.
010.040 "Commercial Fuel Oil" means a liquid or liquefiable petroleum
product normally produced, manufactured, used or sold for the
purpose of creating useful heat.
010.045 "Condensed Fumes" means minute solid particles generated by the
condensation of vapors from solid matter after volatilization
from the molten state, or may be generated by sublimation,
distillation, calcination or chemical reaction, when these
processes create air borne particles.
010.050 "Control Equipment" means any equipment or contrivance or any
combination thereof which has the function of controlling the
emissions from a process, fuel-burning or refuse-burning equip-
ment and thus reduces the creation of, or the emission of air
contaminants into the atmosphere or both.
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010.055 "Control Officer" means the person that has been designated to
enforce the Air Pollution Control Regulations.
010.060 "District Health Officer" means the person appointed by the
District Board of Health to administer activities of the Washoe
County District Health Department in matters directly pertaining
to health, disease, sanitation, and other matters directly
relating thereto.
010.065 "Dust" means minute solid particles released into the atmosphere
by natural forces or by mechanical processes such as crushing,
grinding, milling, drilling, demolishing, shoveling, conveying,
covering, bagging, sweeping, land leveling, or any combination
thereof.
010.070 "Emission" means the act of passing into the atmosphere an air
contaminant or a gas stream which contains air contaminants;
or the material so passed to the atmosphere.
010.075 "Fuel" means any form of combustible matter - solid, liquid,
vapor or gas, excluding combustible refuse.
010.080 "Fuel Burning Equipment" means any device used for the burning
of fuel for the primary purpose of producing heat or power by
indirect heat transfer in which the products of combustion do
not come into direct contact with any other materials.
010.085 "Garbage" means putrescible animal or vegetable waste.
010.090 "Gas" means matter which has no definite shape or volume.
010.095 "Health District" means a health district created pursuant to
N.R.S. 439.370 and includes all the incorporated cities and
unincorporated areas of Washoe County, Nevada.
010.100 "Hearing Board" means five members appointed by the Board of
Health pursuant to N.R.S. to perform the functions set forth
in the Nevada Revised Statutes and these Regulations.
010.105 "Incinerator" (a) Multiple-Chamber Incinerator is any article,
machine, equipment, contrivance, structure or part of a structure
used to dispose of combustible refuse by burning, consisting of
three or more refactory walls, interconnected by gas passage
ports or ducts and employing adequate design parameters necessary
for maximum combustion of the material to be burned. In addition,
there shall be an approved auxiliary burner in the primary and
secondary combustion chambers, and an approved flue gas washer on
all new installations providing the nearest property line is
within 100 feet of the incinerator, (b) Pathological Incinerator
is any multiple chambered incinerator used to dispose of pathologi*
cal wastes, wet garbage and other high moisture content materials
and must incorporate solid hearth construction, with drying shelves
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for wet wastes and auxiliary heating units to insure temperatures
of 1400° F to 1800° F, for not less than 0.3 seconds.
010.110 "Mist" means a suspension of any finely divided liquid in any
gas or in the atmosphere.
010.115 "Mobile Equipment" means a vehicle that is movable under its
own power such as an automobile, truck, bus, locomotive, motor-
cycle, motor-bus, etc.
010.120 "Nuisance" means anything which is injurious to health, or inde-
cent and offensive to the senses, or an obstruction to the free
use of property, so as to interfere with the comfortable enjoyment
of life or property.
010.125 "Odor" means that property of an air contaminant that affects the
sense of smell.
010.130 "Opacity" means that property of a substance tending to obscure
vision and is measured in terms of percent obscuration.
The relationship between opacity and Ringelmann number is:
Ringelman No. Opacity %
1 20%
2 40%
3 60%
4 80%
5 100%
010.135 "Open Fire" means burning of any combustible refuse wherein the
products of combustion are discharged directly into the atmosphere
without passing through a stack or chimney.
010.140 "Participate Matter" means any material, except uncombined water,
that exists in a finely divided form as a liquid or solid.
010.145 "Pathological Waste" means human and animal remains, consisting
of carcasses, organ and solid organic wastes from hospitals,
laboratories, abottoirs, animal pounds and similar sources.
010.150 "Person" means any individual, firm, association, organization,
partnership, business trust, public or private corporation,
company, department or bureau of the state,.municipality or
any officer, agent or employee thereof, or any other legal entity
whatsoever which is recognized by the law as the subject of
rights and duties.
010.155 "Process Weight" means the total weight of all materials intro-
duced into any specific process, which process may cause any
discharge into the atmosphere. Solid fuels charged will be
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considered as part of the process weight, but liquid and gaseous
fuels and combustion air will not.
010.160 "Process Weight Rate" means the total process weight divided by
the number of hours in one complete operation from the beginning
of any given process to the completion thereof, excluding any
time during which the equipment is idle.
010.165 "Ringelmann Chart" means the chart published by the U.S. Bureau of
Mines on which are illustrated graduate shades of grey or black
for the use in estimating the light obscuring capacity of smoke.
010.170 "Smoke" means small gas-borne particles resulting from incomplete
combustion, consisting predominantly of carbon, ash, and other
combustible material present in sufficient quantity to be observ-
able or, as a suspension in gas of solid particles in sufficient
quantity to be observable.
010.175 "Source" means any physical arrangement, condition, or structure
which may emit air contaminants.
010.180 "Stack or Chimney" means any flue, conduit, or duct arranged to
conduct an effluent to the open air.
010.185 "Standard Conditions" means when applied to gases, a gas tempera-
ture of 60 degrees fahrenheit and a gas pressure of 14.7 pounds
per square inch absolute.
(2.0) 020.005 BOARD OF HEALTH - POWERS AND DUTIES
The Board of Health shall:
A. Adopt rules and regulations or amend existing rules and regu-
lations, to reduce the release into the atmosphere of air
contaminants originating within the territorial limits of
the Health District in order to control air pollution.
B. Make such determinations and issue such orders as may be
necessary to implement the provisions of these standards.
C. Establish ambient air quality standards.
D. Institute proceedings to prevent continued violations of any
order issued by the Board of Health, Hearing Board, or Control
Officer and to enforce these Regulations.
E. Require access to records relating to emissions which cause
or contribute to air pollution.
F. Apply for and receive grants or other funds or gifts from
public or private agencies.
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G. Cooperate and contract with other governmental agencies,
including state and Federal Government.
H. Conduct investigations, research and technical studies consist-
ent with the general purposes of the Nevada Revised Statutes.
I. Establish such emission control requirements as may be necessary
to prevent, abate, or control air pollution.
J. Require the registration of air pollution sources together with
a description of the processes employed, fuels used, nature
of emissions and other information considered necessary to
evaluate the pollution potential of a source.
K. Prohibit, regulate, or control as specifically provided in
Chapters 030.005 through 030.020, the installation, altera-
tion or establishment or any. equipment, device or other
article capable of causing air pollution.
L. Issue or deny all variance petitions after due consideration
.of the recommendation of the Hearing Board.
M. Require the submission of preliminary plans and specifications
and other information as the Board deems necessary to process
permits.
N. Enter into and inspect at any reasonable time any premise con-
taining an air contaminant source or a source under construction
for purposes of ascertaining the state of compliance with these
regulations.
0. Hold hearings for purposes of implementing these Regulations.
P. Review recommendations of the Hearing Board and take such addi-
tional evidence as the Board of Health deems necessary or
remand to the Hearing Board for such evidence as the Board
of Health may direct.
Q. Require elimination of devices or practices which cannot be
reasonably allowed without generation of undue amounts of air
contaminants.
S. Specify the manner in which incinerators may be constructed
and operated.
T. Delegate all powers except subchapter A, C, F, 0 and R to the
Control Officer or his representatives as may be necessary
to implement these regulations.
U. Appoint by resolution of the Board of Health an Air Pollution
Control Hearing Board consisting of five (5) members who are
not employees of the State or any political subdivision of
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the State. One (1) member of the Hearing Board shall be
an attorney admitted to practice law in Nevada, and one (1)
member shall be a professional engineer registered in Nevada.
V. Institute in a court of competent jurisdiction legal proceed-
ing to compel compliance with these Regulations and the Nevada
Statutes pertaining to the emission of air contaminants into the
atmosphere within the territorial limits of the Health District.
MODIFICATIONS OF ACTIONS
The Board of Health may in granting a variance impose appropriate
conditions upon an applicant and may revoke the variance for
failure to comply.
Board Actions
Upon making the determinations required by Chapter 020.030 the
Board of Health may issue a cease and desist order. The order may
be conditional and require a person to refrain from the particular
act, unless certain conditions are met. However, no order of the
Board of Health shall restrict or otherwise limit the type of design
of equipment to be used in reducing the release of air contaminants,
except equipment used to dispose of combustible refuse.
All decisions of the Board of Health shall become effective not
less than thirty (30) days after they are issued, unless:
A. A rehearing is granted, which will have the effect of staying
the decisions.
B. It is determined that an emergency exists which justifies an
earlier effective date.
(2.0) 020.010 INJUNCTIVE RELIEF
Upon the failure or refusal of a person to comply with a cease and
desist order of the Board of Health, an action may be filed in the
Second Judicial District Court of the State of Nevada to restrain
and enjoin the persons from engaging in further acts violating
such order.
(2.0) 020.015 JUDICIAL REVIEW
Any person aggrieved by a decision of the District Board of Health,
pursuant to Chapters 010.000 through 040.074 inclusive and Chapters
050.015 through 050.025 inclusive, or the Hearing Board, pursuant to
Chapters 060.005 through 060.060, may petition the Second Judicial
District Court for review. The review shall be trial de novo.
If such person wishes to petition the Second Judicial Court in the
manner prescribed herein, he shall submit a written notice of his
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intent to petition said District Court to the District Health
Officer within thirty (30) days after the decision of either
the District Board of Health or the Hearing Board has been filed
with said District Health Officer.
(2.0) 020.020 ADOPTION, AMENDING REGULATIONS
Before the adoption or amendment of any regulation, the Board of
Health shall hold a public hearing. Any changes in the fee schedule
will be at the discretion of the Board of Health and not subject to
a public hearing. Notice of said hearing shall be given in any news-
papers, qualified pursuant to the provisions of Chapter 23B of NRS,
once a week for three (3) weeks, which notice shall specify with
particularity the reasons and provide other informative details.
(2.0) 020.025 CONTROL OFFICER - POWERS AND DUTIES
The Control Officer, or his designated agent, shall enforce and
have the power and authority in his name, or in the name of the
Board of Health, to enforce the provisions of these Regulations
and the policies of the Board of Health in relation thereto: to
issue a Notice of Violation or Citation if he has reasonable cause
to believe that a person is violating these Regulations; to issue
a warning and give any violator an opportunity to correct the cause
of the violation before the filing of a formal complaint, or, in
the event the Control Officer has served upon the violator a Notice
of Violation and said violator has not corrected the violation
within a reasonable time, to request the District Attorney or other
proper agency, person or prosecuting authority in Washoe County to
institute a criminal action against the violator, or request the
Board of Health to institute abatement proceedings against said
violator.
The Control Officer at any reasonable time may require from any per-
son such information or analyses as will disclose the nature, extent,
quantity, or degree of air contaminants which are or may be dis-
charged by any source of such air contaminants, and type or nature
of control equipment in use, and may require that such disclosures
by certified by a professional engineer registered in the State. In
addition to such report, the Control Officer may designate an author-
ized agent to make an independent study and report as to the nature,
extent, quantity, and degree of any air contaminants which are or
may be discharged from the source. An authorized agent so desig-
nated is authorized to inspect any article, machine, equipment, or
other contrivance necessary to make the inspection and report.
The Control Officer may require any person responsible for emission
of air contaminants to make or have made tests to determine the
emission of air contaminants from any source, whenever the Control
Officer has reason to believe that an emission in excess of that
allowed by the Air Pollution Regulations is occurring. The Control
Officer may specify testing methods to be used in accordance with
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good professional practice. The Control Officer may observe the
testing. All tests shall be conducted by reputable, qualified per-
sonnel. The Control Officer shall be given a copy of the test
results in writing and signed by the person responsible for the
tests.
The Control Officer may conduct tests of emissions of air contami-
nants from any source. Upon request of the Control Officer the
person responsible for the source to be tested shall provide neces-
sary holes in stacks or ducts and scaffolding and such other safe
and proper sampling and testing facilities, exclusive of instru-
ments and sensing devices as may be necessary for proper determina-
tion of the emission of air contaminants.
(16.0) 020.030 HEARING BOARD - POWERS AND DUTIES
Members and Term
Members of the first Hearing Board shall serve the following terms:
Two shall be appointed for a term of one (1) year: two shall be
appointed for a term of two (2) years; and one (1) shall be appointed
for a term of three (3) years. Each member appointed to succeed the
members first appointed upon the expiration of the above described
terms shall serve for a term of three (3) years.
Officers
The Hearing Board shall select a Chairman, Vice-Chairman and such
other officers as it deems necessary, and subject to the approval
of the Board of Health, may adopt a manual of procedures to govern
its operation.
Petitions
A. Any person aggrieved by:
1. The issuance, denial, renewal, suspension or revocation of
an operating permit; or
2. The issuance, modification or rescission of any other order,
by the Control Officer may appeal to the Hearing Board.
B. Each petition prior to filing shall include such information as
the Control Officer or the Chairman of the Hearing Board deems
necessary to facilitate the equitable and speedy determination
of the matter to be presented to the Hearing Board. In addition
to other matters required by this chapter, petitions for vari-
ances shall state briefly:
1. The chapter or order in question.
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2. The facts showing why compliance with this chapter or
order is unreasonable.
3. For what period of time the variance is sought and why.
4. The damage or harm resulting, or which would result, to
the petitioner from compliance with such chapter or order.
5. The requirement which the petitioner can meet and the date
when the petitioner can comply with such requirements.
6. The advantages and disadvantages to the residents of the
district resulting from requiring compliance or resulting
from granting a variance.
7. Whether or not the subject equipment or process is regis-
tered with the Control Officer.
C. The Hearing Board shall decide the appeal, and may recommend the
affirmance, modification or reversal of any action taken by the
Control Officer which is the subject of the appeal.
D. The Hearing Board shall provide by rule for the time and manner
in which appeals are to be taken to the Board of Health,
E. Any decision or order of the Board of Health may be appealed
as provided in Chapter 020.015 of.these regulations.
F. If the variance is recommended on the ground that is is justified
to relieve or prevent hardship, it shall be for not more than
six months.
Meetings
The Hearing Board shall meet within thirty (30) days after receipt
of a request by the Board of Health, the Control Officer, a peti-
tioner pursuant to Chapter 020.030 or on its own initiative.
Subpoenas
The Chairman of the Hearing Board may issue subpoenas to compel
attendance of any person at a hearing and may require the production
of books, records and other documents and materials at a hearing,
administer oaths and examine witnesses.
Majority and Decisions
A irajority of the total membership must concur in all decisions of
the Hearing Board and all decisions shall be in writing and of public
record. All decisions and recommendations along with the transcripts
and evidence of each hearing shall be transmitted to the District
Board of Health so that they may reach a final decision.
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(15.0) 020.035 VIOLATION OF REGULATIONS
Whenever the Control Officer, or his designee, believes that a
Regulation for the prevention, abatement or control of air pollu-
tion has been violated, he shall cite or cause written notice to
be served upon the person or persons responsible for the alleged
violation either by registered or certified mail or personally.
(15.0) 020.040 NOTICE OF VIOLATION
The Notice of Violation shall specify:
A. The regulation alleged to be violated; and
B. the facts alleged to constitute the violation.
The notice may include an order to take corrective action within a
reasonable time, which may be specified. Such an order becomes
final unless, within 10 days after service of the notice, a person
named in the order requests a hearing before the Hearing Noard.
Without the issuance of an order pursuant to the above paragraph, or
if corrective action is not taken within the time specified:
A. The Control Officer may notify the person or persons responsible
for the alleged violation to appear before the Hearing Board.
B. The Control Officer may refer the case to the District Attorney's
Office for misdemeanor prosecution.
C. The District Board of Health may initiate proceedings for
recovery of the appropriate penalty, as per Chapter 020.050.
(15.0) 020.045 CITATION
The Citation shall specify:
A. The regulation alleged to be violated.
B. The facts alleged to constitute the violation.
C. The time and place alleged violator shall appear before the
Justice of the Peace.
Appearance before the Justice of the Peace shall terminate with a
fine being imposed or a trial date and bail being set. If the plea
is not guilty the District Attorney's Office shall prepare a formal
criminal complaint. If the alleged violator fails to appear at the
scheduled time and place the Justice of the Peace may issue a bench
warrant or the District Attorney's Office may file a criminal com-
plaint followed by the service of a subpoena by the Washoe County
Sheriff's Office.
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(2.0) 020.050 ADMINISTRATIVE FINES
A. Any person found by the District Board of Health to have vio-
lated any provision of these Regulations, other than Chapters
020.065, 050.005 and 050.010, shall pay an administrative fine
determined and levied by the District Board of Health in an
amount not to exceed $5000.00 for each offense.
B. For the purposes of levying an administrative fine, each day
of violation of any provision of these Regulations shall con-
stitute a separate offense.
C. Prior to levying an administrative fine for each violation of
any provision of these Regulations, the District Board of Health
shall first consider the facts and/or evidence establishing
such violation by one or more of the following methods:
1. Hearing and receiving evidence of such violation from the
Control Officer if the person responsible has not appeared
at or requested a hearing before the Hearing Board.
2. Reviewing and receiving evidence of such violation as con-
tained in the transcript or record of proceedings before
the Hearing Board, at which proceeding evidence of such
violation was presented to said Hearing Board. If the
Board of Health, after reviewing the recommendation of
the Hearing Board, decides to receive additional evidence
or remand the case to the Hearing Board to receive and
record additional evidence, the same considerations for
taking and receiving evidence as are contained in these
Regulations shall apply on any such rehearing.
3. Hearing and receiving evidence of such violation from any
person, public official, or representative of the District
Board of Health, provided the person charged with commit-
ting such violation shall be provided an opportunity to
present evidence in his defense before said Board, after
being given reasonable notice, not less than seven days,
of the hearing of the charges against him.
D. For the purpose of determining whether or not a violation of
these Regulations has occurred, the District Board of Health
shall base its decision on evidence commonly relied upon by
reasonable and prudent men in the conduct of their affairs.
Irrelevant, immaterial or unduly repetitious evidence may
be excluded. Documentary evidence may be received in the
form of authenticated copies or excerpts, if the original
is not readily available, and on request, an aggrieved party
shall be given an opportunity to compare the copy with the
original if such is available. Each party may call and
examine witnesses, introduce exhibits, cross-examine opposing
witnesses on any matter relevant to the issues even though
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its matter was not covered in the direct examination, and
impeach any witness regardless of which party first was
called into testify, and rebut the evidence against him.
The District Board of Health may take notice of judicially
cognizable facts and generally recognized technical or
scientific facts within said Board's specialized knowledge.
All decisions of the District Board of Health respecting
administrative fines shall be in writing or stated in the
official minutes of said Board, and a proper notice of such
decision shall be forwarded to the aggrieved party at his
last known mailing address.
E. The Board of Health shall levy administrative fines, as pro-
vided for in these Regulations, in accordance with the following
schedule:
1. First violation;
(a) Chapters 040.035 and 040.040 (by individual resident)
... $25.00.
(b) Chapters 040.005 and 040.030 (for incinerators and
fugitive dust) ... $50.00.
(c) Chapters 040.010, 040.015 and 040.020 (for stack
emissions and process weight) ... $100.00,
(d) Chapter 030.010 (Permit to Operate) ... $100.00.
(e) Chapters 050.015 through 050.025 (Mobile Equipment
and Emissions) ... $25.00.
2. Second violation within 365 day period;
(a) Fine levied will be double the amount of first viola-
tion.
3. Third violation within 365 day period;
(a) Fine levied will be double the amount of the second
violation.
4. In the case of four or more violations in any 365 day
period, the fine may be that which is deemed appropriate
by the Board of Health in an amount not to exceed $5000.00
for such offense.
F. Any person aggrieved by an order issued pursuant to this
chapter is entitled to judicial review as provided in Chapter
020.015 of these Regulations.
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G. Nothing contained in Chapter 020.050 of these Regulations shall
be construed as limiting the authority of the Board of Health
to take other appropriate remedies as are provided in these
Regulations.
H. Increased fines for second, third or fourth violations involv-
ing mobile equipment or stationary sources must be concerned
with the same equipment or source and not total violations
received by a person.
(15.0) 020.055 INJUNCTIVE RELIEF
In addition to any remedy at law hereunder, the Control Officer
may apply to a court of competent jurisdiction for any other
equitable and injunctive relief to enforce compliance with, or
to restrain violation of any provision of these Regulations, or
to any regulation or rule made and adopted pursuant thereto.
(15.0) 020.060 INTERFERENCE WITH PERFORMANCE OF DUTY
It shall be unlawful for any person to interfere or impede the
Control Officer or his designee in the performance of his duty
in his investigation of a suspected air pollution violation, or
refuse to permit him to perform this duty by refusing entrance
to the premises or property.
(13.0) 020.065 RECORDS AND INFORMATION - (See end of Regulations for promulgation
of "Public Availability of Data".)
(9.0) 020.070 SAMPLING AND TESTING
The Control Officer or Board of Health may require any person to
conduct, or have conducted, testing to determine compliance with
these Regulations. The Control Officer may, at his option, wit-
ness such tests. All information gathered during a testing
operation will be provided to both parties.
Testing to determine the quantity of emissions shall be under-
taken by generally recognized methods of measurement, and at
such a point or points as to represent the actual discharge into
the atmosphere; except that these may be modified or adjusted
by the Control Officer to suit specific sampling conditions or
needs based upon good practice, judgment and experience.
The costs of tests shall be paid by the owner or person using
such installation. The Control Officer may conduct separate or
additional tests of an installation on behalf of the District
at the District's expense. Sampling holes, safe scaffolding
and pertinent allied facilities, but not instruments and sensing
devices, as needed shall be requested in writing by the Control
Officer and provided by and at the expense of the owner of the
installation at such points as the Control Officer requests.
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The owner or user of such property shall provide a suitable
power source to the point of testing so that sampling instruments
can be operated as required.
Any results or information obtained will be treated as confidential
according to Chapter 020.065 of these regulations.
(2.0) 020.075 TECHNICAL REPORTS AND FEES
Information, circulars, reports or technical work, and other
reports prepared by the Control Officer when supplied to other
governmental agencies or individuals or groups requesting copies
of the same be charged for by the Control Officer in a sum not to
exceed the cost of preparation and distribution of such documents.
All such monies collected shall be deposited in the office of
the County Treasurer to the credit of the general fund.
(2.0) 020.080 CIRCUMVENTION
It is unlawful for any person to build, erect, install, or use,
or cause to be built, erected, installed or used, any article,
machine, equipment or other contrivance, the use of which with-
out resulting in a reduction in the total release of air contami-
nants into the atmosphere, reduces or conceals an emission which
would otherwise constitute a violation of Regulations concerning
air pollution as adopted by the District Board of Health. This
' Chapter shall not apply to the cases in which the only violation
is of Chapter 040.055 of these Regulations.
(7.0) 020.085 UPSET, BREAKDOWN OR SCHEDULED MAINTENANCE
Operation of any plant or equipment so as to cause emissions of
air contaminants in excess of limits set by these Regulations,
which is a direct result of upset conditions or breakdown or is
a direct result of the shutdown of such equipment for scheduled
maintenance, is not a violation of these Regulations, provided;
A. The occurrence, and expected duration, has been reported to the
Control Officer at least twenty-four (24) hours before any
scheduled maintenance, and the scheduled maintenance is per-
formed where possible during times specified by the Control
Officer as favorable for atmospheric ventilation, or;
B. The occurrence has been reported to the Control Officer as soon
as reasonable possible in the case of an upset breakdown, but
in no case more than two (2) hours after the occurrence; and
C. Repairs are made with maximum reasonable effort, including use
of off-shift labor, overtime, or work periods of non-operation;
and
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D. In the event of emission of air contaminants of a nature or
in quantities which would endanger public health or safety,
such emission is stopped entirely or reduced to harmless
levels as soon as possible; and
E. Upsets or breakdowns do not occur with such frequency that
careless, marginal, or unsafe operation is indicated.
(3.0) 020.090 REGISTRATION OF SOURCES
Registration Requirements
Except as provided in subchapter 020.090 exceptions), any person
who causes, lets, permits, suffers or allows the emission of air
contaminants, whether or not limits are established by these
Regulations for emissions of such contaminants, shall file with
the Control Officer, on forms provided by him, the following
information:
A. Location of the source;
B. Size and height of outlets;
C. The process employed;
D. The fuel or fuels used;
E. The nature, rate and duration of emissions; and
F. Any information relevant to possible air pollution as specified
by the Control Officer.
Date of Registration
Emission sources existing on the .date these Regulations become
effective, shall within 30 days thereafter request registration
forms from the Control Officer and within 30 days from receipt
of such forms, return the completed forms to the Control Officer.
Change in Status
Each person subject to these regulations shall maintain such
registration in current status by registering with the Control
Officer if any substantial change is made affecting the informa-
tion on file furnished in compliance with these Regulations.
Exceptions
The following sources of emission of air contaminants shall be
exempt from the registration provisions of this Chapter:
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A. Internal combustion engines installed in mobile equipment units,
or any engine used solely as a standby source of motor power.
B. Aircraft not otherwise included under above subchapter A.
C. Natural gas fired or liquefied petroleum gas fired or oil
fired equipment (burning No. 1 and No. 2 fuel oil) furnaces,
water heaters or steam generators, having not over 350,000
B.T.U.'s per hour total input.
(2.0) 020.095 SEVERABILITY
If any provision of these regulations or the application thereof
to any person or circumstance is held invalid or unconstitutional,
such invalidity or unconstitutionally shall not affect the other
provisions or applications of these Regulations which can be given
effect without the invalid provision or application, and to this end
the provisions of these regulations are declared to be severable.
PERMITS AND FEES
(3.0) 030.005 AUTHORITY TO CONSTRUCT
Every person, firm, corporation, public utility, or public insti-
tution applying for a building permit from the building inspector *•
which building or structure will include any fuel burning, refuse
disposal, or processing equipment that emit contaminants into the
atmosphere shall, upon approval and remittance of proper fee (see
Chapter 030.015), obtain from the Health Department an AUTHORITY
TO CONSTRUCT and upon completion a PERMIT TO OPERATE. Any local
government authority, if any, responsible for issuing any required
building permit shall not issue such building permit until the
registration has been made pursuant to Regulations.
The Building Department, or any person shall submit a report and
plans of proposed construction, installation, alteration or modi-
fication likely to affect the quality of ambient air within the
District to the Control Officer for approval prior to the initia-
tion of construction. The Control Officer shall review, or cause
to be reviewed, such plans to determine the extent of compliance
with these Regulations. The report shall be signed by the owner
and, when required by the Air Pollution Control Officer, shall be
certified by a licensed professional engineer as to the accuracy of
the technical information concerning the equipment and/or control
device contained in the report. The signature of the owner, or his
agent, shall constitute an agreement that the signer shall assume
responsibility for the capability of such equipment and/or control
device to comply with the regulations when in operation. Said plans
must be accompanied by a non-returnable $10.00 Plan Review Fee.
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A. If there be deficiencies in such plans, the Control Officer
shall make a written report to the person or agency of the
deficiencies which will require corrective treatment..
B. If there be no deficiencies the Control Officer shall approve,
or certify the plans as approved and give a written notifica-
tion of the action to the person or agency requesting review.
C. An application shall be acted upon within 30 calendar days
after it is filed in the office of the Control Officer.
D. In the event the plans, specifications, or information sub-
mitted to the Control Officer pursuant to Chapter 030.005
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 magnitute, the Control
Officer may, at his option, require the applicant to present
statements from the manufacturer and installation contractor
certifying that the proposed equipment or installation will
comply with all of the applicable provisions and limitations
set forth in these Regulations. Upon filing of such certifi-
cates of compliance, the applicant may proceed with the pro-
posed installation, subject however to all the provisions of
Chapter 030.005 herein after set forth.
E. 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 Control Officer.
F. Violation of the installation permit shall be sufficient cause
for the Control Officer to stop all work, in connection with
said permit, and he is hereby authorized to seal the installa-
tion. No further work shall be done until the Control Officer
is assured that the condition in question will be corrected
and that the work will proceed in accordance with the installa-
tion permit.
G. If construction, installation, reconstruction, or alteration is
not commenced within six (6) months of date of the installation
permit, the permit shall become void, unless an extension of
time is warranted and granted by the Control Officer.
H. If applicant deems the process or equipment to be secret he may
file, with the approval of the Control Officer, his affidavit
to the effect that such equipment or process will be so used
as to comply with all other provisions of these Regulations.
Any permit or approvals granted to the applicant shall be made
in relevance of the truth of representations set forth in such
affidavit. All persons engaged in operations which may result
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in air pollution and who under these Regulations are required
to obtain a permit must be registered on forms furnished by
the Control Officer, at such times as the Control Officer shall
determine, containing information relating to location, size
of outlet, height of outlet, rate and period of emission,
composition of effluent, characteristics of air cleaning
devices, and such other similar information as the Control
Officer shall require for review.
(3.0) 030.010 PERMIT TO OPERATE
Before any article, machine, equipment, or structure described in
Chapter 030.005 or any sources existing prior to the adoption
of these Regulations may be operated or used, a written permit
shall be obtained from the Control Officer after paying appropriate
fees described in Chapter 030.015. No permit to operate or use
shall be granted either by the Control Officer or recommended by
the Hearing Board for any article, machine, process or structure
described in Chapter 030.005, constructed or installed without
authorization as required by Chapter 030.005, until the informa-
tion and fees required are presented to the Control Officer and
such article, machine process or structure is altered, if neces-
sary, and made to conform to the standards set forth in Chapters
040.005 through 040.075 and elsewhere in these Regulations.
A person who has been granted under Chapter 030.010 a permit to
operate any article, machine, structure or process described in
Chapter 030.005, shall firmly affix such permit to operate upon
the article, machine, process or structure in such a manner as
to be clearly visible and accessible.
An operating permit does not relieve the user of complying with
all emission standards set forth in Chapter 040. Upon violation
of Chapters 040.005 through 040.075 or any other chapter of these
Regulations, the Control Officer may revoke any permit upon pre-
sentation of a notice of violation. Said permit to remain inactive
until complaining condition is corrected.
A person shall not wilfully deface, alter, forge, counterfeit,
or falsify a permit issued by the Control Officer to construct
or operate any article, machine, process or structure.
An Authority to Construct, or Permit to Operate shall not be trans-
ferable, whether by operation of law or otherwise, either from one
piece of equipment to another, or from one person to another.
(3.0) 030.015 FEES
Plan Review
All persons applying for an Authority to Construct must make appli-
cation to the Control Officer and submit a $10.00 non-returnable
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Plan Review fee. Any federal, state, municipality or public
district is exempt from paying the $10.00 Plan Review Fee.
Permit Fee
Any person required to obtain a Permit to Operate (see Chapter
030.020 for Exceptions) from the Control Officer must pay a fee
in the following schedules. Any federal, state, municipality,
or public district is exempt from paying the prescribed fee.
Yearly renewal of all operating permits is required, and each
renewal must be accompanied by a fee as set forth in the fee
schedules.
A fee of $2.00 shall be charged for issuing a duplicate permit to
operate.
Fuel Burning Equipment Schedule
Any article, machine, equipment or other contrivance in which fuel
is burned, with the exception of incinerators which are covered in
separate schedule shall be assessed a permit fee based upon the
designed fuel consumption of the article, machine, equipment or
other contrivance expressed in thousand of British Thermal Units
(BTU) per hour, using gross heating values of the fuel, in accord-
ance with the following schedule:
1000 BRITISH THERMAL UNITS PER HOUR FEE
A. 2000 to 5000 . $ 20.00
B. 5001 to 15,000 45.00
C. Greater than 15,000 110.00
Incinerator Schedule
Any article, machine, equipment or other contrivance designed and
used primarily to dispose of combustible refuse by wholly consuming
the material charged leaving only the ashes or residue shall be
assessed a permit fee based on the following schedule of rated
burning capacity in pounds per hour for type II waste (I.I.A.
Classification).
RATED CAPACITY, IN POUNDS PER HOUR FEE
A. 100 to 200 $ 20.00
B. 201 to 500.. 45.00
C. 501 to 1000 85.00
D. Over 1000 '. 130.00
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Storage Tank Schedule
Stationary tank, reservoir, or other container, of more
than 40,000 gallons capacity containing gasoline or any
petroleum distillate having an absolute vapor pressure
of 1.5 pounds per square inch absolute or greater under
conditions of storage $100.00
Process Schedule
Any process or process equipment that emits contaminants into the
atmosphere shall be assessed an operating fee based on actual
weight of contaminants emitted. If uncontrolled or if actual
emissions are unknown, the fee is to be based on process weight
per hour (Chapter 040.020). When actual emissions are known,
permit fee may be reevaluated.
PROCESS WEIGHT PER HOUR FEE
A. Up to 1000 IDS. per hour input $ 45.00
B. 1001 to 10,000 , 140.00
C. 10,001 to 50,000 450.00
D. Over 50,000 690.00
Miscellaneous Schedule
A. Any article, machine, equipment or process (e.g. dry cleaning,
degreasing, spray painting, etc.) not included in preceding
schedules shall be assessed a permit fee amounting to $10.00.
An additional $10.00 fee will be charged for each 1.75 pounds
of contaminants emitted each 24 hours.
B. The Board of Health shall have the right to increase, reduce,
or discontinue fees at its discretion.
(3.0) 030.020 EXCEPTIONS
An Authority to Construct or a Permit to Operate shall not be
required for:
A. Mobile equipment.
B. Structural changes which cannot change the quality, nature or
quantity of air contaminant emissions.
C. Equipment, other than incinerators, utilized exclusively in
connection with any structure, which structure is designed
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for and used exclusively as a dwelling for not more than
four families.
D. Comfort air conditioning or comfort ventilating systems which
are not designed to remove air contaminants,
E. Water cooling towers not used for evaporative cooling of pro-
cess water or not used for evaporative cooling of water from
barometric condensers.
F. Lint traps used exclusively in conjunction with dry cleaning
tumblers.
G. Equipment used in eating establishments for the purpose of
preparing food for human consumption.
H. Crucible furnaces, pot furnaces or induction furnaces, with
a capacity 1000 pounds or less each, in which no sweating or
distilling is conducted and from which only the following
metals are held in a molten state:
1. Aluminum or any alloy containing over 50 percent aluminum.
2. Magnesium or any alloy containing over 50 percent magnesium.
3. Lead or any alloy containing over 50 percent lead,
4. Tin or any alloy containing over 50 percent tin.
5. Zinc or any alloy containing over 50 percent zinc.
6. Copper.
7. Precious metals.
I. Repairs or maintenance involving structural changes to any equip^
ment for which a permit has been granted.
J. Identical replacements in whole or in part of any article,
machine, equipment or other contrivance where a permit to
operate had previously been granted for such equipment under
Chapter 030.010.
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PROHIBITED EMISSIONS
(50.1.2) 040.005 VISIBLE AIR CONTAMINANTS
Except as otherwise provided, it is unlawful for any person to
discharge, or cause to be discharged, into the atmosphere from
any single source of emission whatsoever, any air contaminant for
a period or periods aggregating more than three (3) minutes in
any one hour, which is:
A. As dark or darker in shade as that designated as No. 1 on the
Ringelmann Chart; or
B. Of any opacity equal to or greater than air contaminant desig-
nated No. 1 on the Ringelman Chart.
Where the presence of uncombined water is the only reason for failure
of an emission to meet the above limitations, they shall not apply.
The burden of proof which established the application of this para-
graph shall be upon the person seeking to come within its provisions.
(50.1) 040.010 PARTICULATE MATTER
Except as otherwise provided in Chapter 040.020 and Chapter 040.030,
it is unlawful for any person to discharge or cause to be discharged,
into the atmosphere from any source, particulate matter in excess
of 0.15 grains per cubic foot of gas at standard conditions.
(50.0) 040.015 SPECIFIC CONTAMINANTS
It is unlawful for any person to discharge, or cause to be dis-
charged, into the atmosphere any one or more of the following con-
taminants, in any state or combination thereof, exceeding in
concentration at the point of discharge:
A. Sulfur compounds calculated as sulfur dioxide (SO?): 0,2
percent, by volume.
B. Combustion contaminants: 0.15 grains per cubic foot of gas
calculated to 12 percent of carbon dioxide (C02) at standard con-
dition. In measuring the combustion contaminants from incinera-
tors used to dispose of combustile refuse by burning, the carbon
dioxide produced by combustion of any liquid or gaseous fuels
shall be excluded from the calculation to 12 percent of carbon
dioxide.
(50.1.3) 040.020 DUST AND FUMES
(50.6) It is unlawful for any person to discharge, or cause to be discharged,
in any one (1) hour from any source whatsoever, dust or fumes in total
quantities in excess of the amount shown in the following table:
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Process Maximum Weight Process Maximum Weight
Wt/hr (Ibs) Disch/hr (Ibs) Wt/hr (Ibs) Disch/hr (Ibs)
50 .24 3400 5.44
TOO .46 3500 5.55
150 .66 3600 5.61
200 .852 3700 5.69
250 1.03 3800 5.77
300 1.20 3900 5.85
350 1.35 4000 5.93
400 1.50 4100 6.01
450 1.63 4200 6.08
500 1.77 4300 6.15
550 1.89 4400 6.22
600 2.01 4500 6.30
650 9.12 4600 6.37
700 2.24 4700 6.45
750 2.34 4800 6.52
800 2.43 4900 6.60
850 2.53 5000 6.67
900 2.62 5500 7.03
950 2.72 6000 7.37
1000 2.80 6500 7.71
1100 2.97 7000 8.05
1200 3.12 7500 8.39
1300 3.26 8000 8.71
1400 3.40 8500 9.03
1500 3.54 9000 9.36
1600 3.66 9500 9.67
1700 3.79 10000 10.0
1800 3.91 11000 10.63
1900 4.03 12000 11.28
2000 4.14 13000 11,89
2100 4.24 14000 12.50
2200 4.34 15000 13.13
2300 4.44 16000 13.74
2400 4.55 17000 14.36
2500 4.64 18000 14.97
2600 4.74 19000 15.58
2700 4.84 20000 16.19
2800 4.92 30000 22.22
2900 5.02 40000 28.3
3000 5.10 50000 34.3
3100 5.18 60000 40.0
3200 5.27 or
3300 5.36 more
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To use the table, take the process weight per hour as such is
defined in this Section. Then find this figure in the Table,
opposite which is the maximum number of contaminants which may
be discharged into the atmosphere in any one (1) hour. As an
example, if "A" has a process which emits contaminants into the
atmosphere and which process takes 3 hours to complete, he will
divide the weight of all materials in the specific process, in
this example 1500 pounds by 3, giving a process weight per hour
500 pounds. The table shows that "A" may not discharge more than
1.77 pounds in any one (1) hour during the process. Where the
process weight per hour falls between figures in the left hand
column, the exact weight of permitted discharged may be inter-
polated.
(50.0) 040.025 EXCEPTIONS
The provisions of Chapter 040.005 through and including Chapter
040.020 do not apply to open fires set pursuant to obtaining a
permit.
(50.1.3) 040.030 FUGITIVE DUST CONTROL
Prohibitions
A. Any person engaged in activities involving the dismantling of
buildings, public or private construction, mining or processing
sand, gravel, or rock (which includes excavating, crushing,
sizing, screening, cleaning, and mixing), the operation of
machines and equipment, the grading of roads, and trenching
operations, shall take all reasonable precautions to abate
emissions caused by dust and to prevent its transmission beyond
the boundary lines of the real property on which it originates.
Reasonable precautions may include, but are not limited to,
cleaning up, sweeping, sprinkling, compacting, enclosure,
chemical or asphalt sealing, or such other measures as the
Control Officer may specify to accomplish satisfactory results.
B. No owner or lessee or any real property located or situated within
Washoe County, Nevada, or in any incorporated city therein,
shall, after the topsoil has been disturbed or the natural cover
removed, allow the same to remain unoccupied, unused, vacant or
undeveloped, without taking all reasonable precautions to prevent
fugitive dust from becoming airborne. Adequate and reasonable
precautions shall include, but are not limited to, compacting,
chemical sealers, resin sealers, asphalt sealers or plantings.
C. No person shall cause or permit the handling or transporting or
storage of any material in a manner which allows or may allow
controllable particulate matter to become airborne.
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D. In addition to Subsection A above, all participate matter
such as sand, dust, or dust particles, which are of such
size and nature as to be recognizable and traceable to their
source, using accepted techniques, and which result in particle
fallout rates beyond the properties of the owners, lessees,
occupants, operators, or users thereof, in excess of two (2)
tons per square mile for a twenty-four (24) hour period with
the normal background of environmental fallout as a reference
or zero point.
Correction of Condition
If loose sand, dust, or dust particles are found to exist in excess
of limits prescribed in Chapter 040.040, the Control Officer shall
notify the owner, lessee, occupant, operator, or user, of said
land that said situation is to be corrected within a specified
period of time, dependent upon the scope and extent of the problem,
but in no case may such a period of time exceed three (3) days.
Remedial Action
The Control Officer, or his designated agent, after due notice pur-
suant to Chapter 020.025, may enter upon the subject land where
said sand or dust problem exists, and take such remedial and
corrective action as may be deemed appropriate to relieve, reduce,
or remedy the existent sand condition, where the owner, occupant,
operator, or any tenant, lessee, or holder of any possessory interest
or right in the subject land, fails to do so.
Costs
Any costs incurred in connection with any such remedial or correc-
tive action by the Control Officer shall be assessed against the
owner of the involved property, and failure to pay the full amount
of such costs shall result in a lien against said real property,
which lien shall remain in full force and effect until any and all
such costs shall have been fully paid, which shall include, but not
be limited to, costs of collection and reasonable attorney's fee
therefore.
(51.13) 040.035 OPEN FIRES
It is unlawful for any person to burn, or cause to be burned, any
combustible refuse in any open fire within the Health District,
excluding fires for food preparation and recreation with designated
campgrounds and parks and those set forth in Chapter 040.040 except
for the following, and then only when a burning permit has been
issued by the Control Officer or his designee:
A. When such fire is set for the purpose of the prevention of a
fire hazard, declared by a Public Fire Chief or his designee,
which cannot be abated by any other alternate means.
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B. When such fire is set for the instruction of public or private
employees in the methods of fighting fires.
C. When such fire is set in the course of any agricultural opera-
tion in the growing of crops, such as burning of weeds to
clear irrigation ditches, canals, laterals.
D. When such fire is set in the course of recreational outing or
event by an organization, such as homecoming bonfires.
E. When such fire in the opinion of the Control Officer is
necessary.
F. When such fire is set for the purpose of removing weeds from
empty lots during a sixty (60) day period specified each year
by the Public Fire Chief or his designee. During this sixty
day period, permits may be issued by the Fire Department, with
a copy to the Control Officer, provided the following stipula-
tions are met.
1. The premises are inspected by the Fire Department and they
declare a fire hazard exists which cannot be abated by any
other practical method, as determined by the Public Fire
Chief or his designee.
2. The premises are cleared of any combustible refuse other
than weeds.
3. The permittee is required to maintain adequate combustion
during burn to prevent emission of smoke as prohibited by
these Regulations.
These exceptions shall not be effective when the Control Officer
determines that:
1. The inversion base is 1500 feet or less above the valley
floor (6000 feet mean sea level).
2. The inversion will hold throughout the day.
3. A public nuisance will be created.
Nothing in these Regulations shall prohibit or require a burning
permit for the use of, at private residences, barbecue pits,
grills, or outdoor fireplaces for the preparation of food for
human consumption.
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(3.0) 040.040 BURNING PERMIT CONDITIONS
(51.13)
A copy of the burning permit must be available at the site of
each burn. All conditions stipulated on the permit itself and
those additional ones imposed by the Control Officer must be
strictly followed. Any violation of these conditions will have
the effect of voiding the permit and subject the user to the
actions stated in Chapters 020.055, inclusive.
(51.9) 040.045 REFUSE DISPOSAL
Refuse Burning - Prohibited
Within the Lake Tahoe Basin, Sun Valley Water District, and within
three (3) miles of any city limits it is unlawful to burn, or
cause to be burned, any combustible refuse except in an approved
multiple chambered incinerator (described in Chapter 010,105) or
in equipment found by the Control Officer, in advance of such use,
to be equally effective for the purpose of air pollution control.
Refuse Burning - Acceptable
In those areas of the Health District not set forth above, com-
bustible refuse may be burned without a burning permit from this
office provided:
A. Fires are contained in suitable structures or equipment,
excluding pits and holes in the ground, that restrict size
of the fire.
B. Contemplated structures or equipment meet all fire and safety
codes for area.
C. Fires do not create a public nuisance or fire hazard.
(51.9) 040.050 INCINERATOR EMISSIONS
No person shall cause, suffer, allow, or permit the discharge into
the atmosphere from any multiple chambered incinerator, or approved
incinerator, any visible air contaminants for a period or periods
aggregating more than one (1) minute in any one hour which is:
A. As dark or darker in shade than that designated as No. 1 on
the Ringelmann Chart; or
B. of an opacity to or greater than an air contaminant designated
as No. 1 on the Ringelmann Chart.
(50.6) 040.055 NUISANCE - ODOROUS OR GASEOUS CONTAMINANTS
It is unlawful for any person to discharge, or cause to be dis-
charged, from any source whatsoever, any quantity of odorous or
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gaseous emissions, materials, or air contaminants of any kind or
description, which is, or tends to be, offensive to the senses,
or injurious or detrimental to repose, health and safety, or which
in any way unduly interferes with or prevents the comfortable
enjoyment of life or property by any considerable number of persons
or the general public.
The Control Officer shall investigate an odor when thirty (30) per-
cent or more of a sample of the people exposed to it believe it to
be objectionable in usual places of occupancy, the sample size to
be at least twenty (20) people or seventy-five (75) percent of those
exposed if fewer than twenty (20) people are exposed.
The Control Officer shall deem the odor occurrence a violation if
he is able to make two odor measurements within a period of one
hour, these measurements being separated by at least fifteen (15)
minutes. An odor measurement shall consist of a detectable odor
after the odorous air has been diluted with eitht or more volumes
of odor-free air.
(50.2) 040.060 SULFUR CONTENT OF FUEL
It is unlawful for any person to burn, or cause to be burned, within
the District at any time, a fuel having a sulfur content in excess
of 1.0 percent by weight.
The provisions of this Section shall not apply to the use of liquid
or solid fuels whenever the supply of gaseous fuel is not physically
available to the user due to accident, act of God, act of War, or
act of Public Enemy.
(51.21) 040.065 REDUCTION OF ANIMAL MATTER
It is unlawful for any person to burn, or cause to be burned, operate
or use, or cause to be operated or used, any article, machine, equip^
ment or other contrivance for the reduction of animal matter unless
all gases, vapors, and gas entrained effluents from such an article,
machine, equipment or other contrivance are:
A. Incinerated at temperatures of not less than 1400° fahrenheit
for a period of not less than 0.3 seconds; or
B. processed in a manner determined by the Control Officer to be
equally, or more effective for the purpose of air pollution
control than A above.
A person incinerating or processing gases, vapors, or gas entrained
effluents pursuant to this chapter shall provide, property install
and maintain in calibration, in good working order and operation,
devices as specified in these Regulations or as specified by the
Control Officer, for indicating temperature, pressure, or other
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operating conditions. For the purpose of these Regulations,
"reduction" is defined as any heated process including rendering,
cooking, drying, dehydrating, digesting, evaporation, and protein
concentration. The provisions of this Chapter shall not apply to
any article, machine, equipment or other contrivance used exclu-
sively for the processing of food for human consumption.
(51.16) 040.070 STORAGE OF PETROLEUM PRODUCTS
It is unlawful for any person to place, store or hold, in any
stationary tank, reservoir or other container, of more than 40,000
gallons capacity, any petroleum distillate having a vapor pressure
of 1.5 pounds per square inch absolute or greater under actual
storage conditions, unless such tank, reservoir or the container
is a pressure tank maintaining working pressures sufficient at all
times to prevent hydrocarbon vapor or gas loss into the atmosphere,
or unless it is designed and equipped with the following vapor
control device property installed and in good working order and
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, to close the space between the
roof edge and the tank wall. The control equipment provided
for herein shall not be used if the gasoline or petroleum dis-
tillate has a pressure of 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 will all tank gauging and sampling devices
gas-tight except when gauging or sampling is taking place.
C. Other equipment of equal efficiency, provided such equipment
is submitted to and approved by the Control Officer.
(51.16) 040.075 GASOLINE LOADING INTO TANK TRUCKS AND TRAILERS
It is unlawful for any person to load gasoline into any tank truck
or trailer from any loading facility unless such loading facility
is equipped with, and uses, either a submerged fill pipe or a vapor
collection system, properly installed, and in a good working order.
This chapter shall not apply to the loading of gasoline into tank
trucks and trailers from any loading facility from which not more
than 500 gallons of gasoline are loaded in any one day.
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(51.16) 040.080 GASOLINE UNLOADING FROM TANK TRUCKS AND TRAILERS INTO UNDERGROUND
STORAGE TANKS
It is unlawful for any person to unload, or cause to be unloaded,
gasoline from any tank truck or trailer into underground storage
tanks unless these tanks are equipped with a permanent submerged
fill pipe, the discharge opening of which is entirely submerged
when the liquid level is 6 inches above the bottom of the tank.
When unloading from tank truck or trailer, the hose connection to
the tank fill pipe shall be a tight leakproof fill connection.
For the purpose of Chapters 050.070, 040.075 and 040.080 "gasoline"
is defined as any petroleum distillate having a Reid vapor pressure
of four pounds or greater.
MOBILE EQUIPMENT
(12.0) 050.005 ORIGINAL EQUIPMENT
No person shall operate or leave standing on any highway any motor
vehicle which is required by Federal Regulations to be equipped
with motor vehicle pollution control devices unless such devices
are correctly installed and in operating condition. No person
shall disconnect, alter or modify any such required device. The
provision of this Chapter shall not apply to an alteration or modi-
fication found by the State Board of Environmental Protection not
to reduce the effectiveness of any required motor vehicle pollution
control device. (NRS 484.644)
(12.0) 050.010 EQUIPMENT VIOLATION
Violation of Chapter 050.005 is a misdemeanor. Whenever any motor
vehicle is found by the Control Officer, or his designee, to be in
violation of Chapter 050.005, and notice to appear or citation is
issued, it may require that the person named therein shall produce
in court proof that such vehicle or its equipment has been made to
conform to the provisions of Chapter 050.005. (NRS 484.6441)
(12.0) 050.015 VISIBLE EMISSION - GASOLINE POWERED EQUIPMENT
No gasoline-powered mobile equipment shall be operated which emits
visible smoke while moving for a distance of more than 100 yards
upon the streets, roads or highways of the State, or more than 15
continuous seconds if stationary.
(12.0) 050.020 VISIBLE EMISSIONS - DIESEL POWERED EQUIPMENT BELOW 5000 FOOT ELEVATION
No person shall operate a diesel-powered mobile equipment manufac-
tured after January 1, 1970, below 5000 foot elevation, where the
period of continuous visible emission exceeds the Ringelmann No. 1
standard or its equivalent opacity for more than 15 seconds. Diesel -
powored mobile equipment manufactured prior to January 1, 1970,
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shall not exceed the Ringelmann No. 2 standard or its equivalent
opacity for more than 15 continuous seconds.
(12.0) 050.025 VISIBLE EMISSIONS - DIESEL POWERED EQUIPMENT ABOVE 5000 FOOT ELEVATION
Diesel-powered mobile equipment operating above a 5000 foot elevation
shall not exceed a Ringelmann No, 2 standard or its equivalent
opacity for more than 15 continuous seconds.
(12.0) 050.030 VISIBLE EMISSIONS - MOBILE EQUIPMENT USED EXCLUSIVELY UPON
STATIONARY RAILS BELOW 5000 FOOT ELEVATION
Unless otherwise provided for by federal regulation, no person shall
operate mobile equipment manufactured after January 1, 1970, used
exclusively upon stationary rails below 5000 foot elevation where
the period of continuous emission is of an opacity greater than 40
percent for more than 15 consecutive seconds.
Mobile equipment manufactured prior to January 1, 1970, used exclu-
sively upon stationary rails shall not exceed an opacity greater
than 60 percent for more than 15 consecutive seconds. Effective
January 1, 1973, this Chapter 050.030 will be superseded by
standards set forth in Chapter 050.020.
(12.0) 050.035 VISIBLE EMISSIONS - MOBILE EQUIPMENT USED EXCLUSIVELY UPON
STATIONARY RAILS ABOVE 5000 FOOT ELEVATION
Unless otherwise provided for by federal regulation, mobile equip-
ment used exclusively upon stationary rails operated above a 5000
foot elevation shall not exceed an opacity greater than 60 percent
for more than 15 consecutive seconds. Effective January 1, 1973,
this Chapter 050.035 will be superseded by standards set forth in
Chapter 050.025.
EMERGENCY EPISODE PLAN
(8.0) 060.005 GENERAL
This emergency regulation is designed to prevent the excessive
buildup of air contaminants and to avoid any possibility of a
catastrophe caused by toxic concentrations of air contaminant.
The Control Officer deems it desirable to have ready an adequate
plan to prevent such an occurrence, and in case of the happening
of this unforeseen event, to provide for adequate actions to pro-
tect the health of the citizens in the Health District.
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(8.0) 060.OTO EMERGENCY AUTHORITY TO ACT
If and when the Control Officer finds that either a generalized
condition of air pollution or the operation of one or more par-
ticular sources of air contaminant is causing imminent danger to
human health or safety, he may, with concurrence of the District
Health Officer, order the person or persons causing or contributing
to the air pollution to reduce or discontinue immediately the
emission of air contaminants.
If and when air contaminant levels reach the limits set forth in
Chapter 060.040, the Control Officer will take the necessary
action as prescribed by each alert stage.
If the Control Officer exercises power conferred in Chapter 060,010,
said order shall expire by limitation 24 hours after it takes
effect unless sooner affirmed, modified or set aside by the Hearing
Board.
(8.0) 060.015 SAMPLING STATION AND AIR SAMPLING
The Washoe County District Health Department shall maintain at
least one station in the downtown Reno area which will produce
continuous and recorded air quality data on the air contaminants
capable of causing an air pollution emergency. The Control Officer
shall establish procedures whereby adequate sampling and analyses
of air contaminants will be taken at each sampling station.
(8.0) 060.020 REPORTS
The Washoe County District Health Department shall make daily
summaries of the readings required by Chapter 060,015. The sum-
maries shall be in such form as to be understandable by the public.
These summaries shall be public records and immediately after
preparation shall be filed at the Washoe County District Health
Department and be available to the public, press, radio, television,
and other mass media of communication.
(8.0) 060.025 CONTINUING PROGRAM OF VOLUNTARY COOPERATION
The Control Officer shall inform the public of ways in which air
pollution can be reduced and shall request voluntary cooperation
from all persons in all activities which contribute to air pollu-
tion. Civic groups shall be encouraged to undertake campaigns of
education and voluntary air pollution reduction in their respective
communities. Public officials shall be urged to take promptly such
steps as may be helpful to reduce air contaminants to a minimum
within the areas of their authority. Employers shall be requested
to establish car pools. Users of motor vehicles shall be urged to
keep motors in good condition. All industrial, commercial and
business establishments which emit hydrocarbons or other air
. contaminants should critically-study their operations from the
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standpoint of air contamination and shall take appropriate action
voluntarily to reduce air pollution.
(8.0) 060.030 DECLARATION OF ALERTS
The Control Officer shall declare the appropriate "alert" whenever
the concentration of any air contaminant has been verified to have
reached standards set forth in Chapter 060,040.
(8.0) 060.035 NOTIFICATION OF ALERTS
Following the declaration of the appropriate "alert" the Control
Officer shall communicate notification of the declaration of the
alert to:
A. Washoe County Sheriff.
B. Sparks Police and Fire Departments.
C. Reno Police and Fire Departments.
D. The Air Pollution Control Hearing Board,
E. All Air Pollution Control Personnel.
F. Nevada Highway Patrol.
G. The general public through radio, television, and newspapers.
H. The District Board of Health and County Commissioners.
I. Other local public officials and public safety personnel who
have responsibilities or interests in air pollution alerts,
(8.0) 060.040 ALERT STAGES FOR TOXIC AIR POLLUTANTS
(in parts per million of air)
First Alert Second Alert Third Alert
Carbon Monoxide* 50 100 150
Nitrogen Oxides* 3 5 10
Sulfur Oxides* 3 5 10
Photochemical Oxidants
(as Ozone)* 0.5 1.0 1.5
Hydrocarbons* 24 6
* How measured: By prescribed equipment manufacturers procedures
and federal guidelines.
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First Alert: Close approach to maximum allowable concentration
for the population at large, Still safe but
approaching a point where preventive action is
required.
Second Alert: Air contamination level at which a health menace
exists in a preliminary state,
Third Alert: Air contamination level at which a dangerous
health menace exists.
(8.0) 060.045 FIRST ALERT ACTION
This is a warning alert and shall be called whenever the concen-
tration of any contaminant has been verified to have reached the
standards for the "first alert" as set forth in Chapter 060.040.
The following action shall be taken upon the calling of the First
Alert:
A. A person shall not burn any combustible refuse at any location
within Washoe County in an open fire,
B. Any person operating or maintaining any industrial, commercial
or business establishment other than power plants or heating
plants essential to health or safety, which establishments
emit hydrocarbons or any other of the contaminants named in
Chapter 060.040, and any person operating any private non-
commercial vehicle, shall, during the First Alert period,
take the necessary preliminary steps to the action required
should a Second Alert be declared.
C. The Control Officer shall, by the use of all appropriate mass
media of communication, request the public to stop all unessential
use of vehicles in Washoe County and to operate all privately
owned vehicles on a pool basis, and shall request all employers
to activate employee car pools.
D. When after the declaration of the First Alert it appears to the
Control Officer that the concentration of any contaminants in
all or any portion of the County is increasing in such a manner
that a Second Alert is likely to be called he shall take the
following actions:
1. Notify the District Health Officer and request advice on
actions to be taken,
2. Give all possible notice to the public by all mass media
of communication that a Second Alert may be called.
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(8.0) 060.050 SECOND ALERT ACTION
This is a preliminary health hazard alert and shall be declared
when an air contaminant has been verified to have reached the
standards set forth for the "Second Alert" in Chapter 060.040.
The following action shall be taken upon the calling of the Second
Alert:
A. The action set forth in Chapter 060.045.
B. Pursuant to this alert, the Control Officer may impose limitar
tions as to the general operation of vehicles permitting limited
operation essential to accomodate industry, business, public
utility and other services as may be necessary in the public
welfare.
C. In the event the control measures made effective under paragraph
B. above prove to be inadequate to control the increase in the
concentration of air contaminants, the Control Officer with
the approval of the District Health Officer shall take such
steps as he may deem necessary to assure adequate control of
existing air contaminants and to protect the health and safety
of the public, but, if possible, without employing such drastic
remedial measures as to completely disrupt the economic life of
the community or to result in irreparable injury to any form of
production, manufacture or business. The Control Officer may,
with the concurrence of the District Health Officer, order the
closing of any industrial, commercial or business establishment
and stop all vehicular traffic, except authorized emergency
vehicles as defined in the Nevada Vehicle Code, vehicles used
in public transportation and vehicles the operation of which is
necessary for the protection of the health and welfare of the
public, if, in the opinion of the Control Officer the continued
operation of such establishment or vehicle contributes to the
further concentration of any air contaminant, the concentration
of which caused the declaration of the "alert".
The Control Officer during a Second Alert, shall keep the public
suitably informed of all significant changes in the concentra-
tion of toxic air contaminants.
(8.0) 060.055 THIRD ALERT ACTION
This is a dangerous health hazard alert and shall be declared when
an air contaminant has been verified to have reached the standards
set forth for the "Third Alert" in Chapter 060.040.
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The following action shall be taken upon the calling of the
Third Alert:
A. The actions set forth in Chapter 060.050.
B. If it appears that the steps taken by the Control Officer will
be inadequate to cope with the emergency, the Control Officer
shall, with the approval of the District Health Officer,
request the Governor to declare that a state of emergency
exists and to take appropriate actions.
(8.0) 060.060 END OF ALERT
The Control Officer shall declare the termination of the appropriate
alert whenever the concentration of an air contaminant which caused
the declaration of such alert has been verified to have fallen below
the standards set forth in Chapter 060.040 for the calling of such
alert and the available scientific and meteorological data indi-
cates that the concentration of such air contaminant will not
immediately increase again so as to reach the standards set forth
for such alert in Chapter 060.040. The Control Officer shall
immediately communicate the declaration of the termination of the
alert in the manner provided in Chapter 060.030 for the declaration
of alerts.
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CLARK COUNTY, NEVADA
EPA - APPROVED REGULATIONS
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DISTRICT BOARD OF HEALTH OF CLARK COUNTY
AIR POLLUTION CONTROL REGULATIONS
WHEREAS, it is recognized that there has been a growth in the amount and
complexity of air pollution in Clark County, Nevada, brought about by, and
incident to, the population growth of and industrial development in the said
County, which conditions are likely to be aggravated and compounded by
additional population growth and industrial development in the future, all
resulting in serious potential danger to the public health and welfare of
the residents of said County, and substantial injury to or interference
with the reasonable use and enjoyment of property and the conduct of busi-
ness therein, as well as injury to agricultural crops and livestock, and
hazards to air and ground transportation; and
WHEREAS, it is the responsibility of the District Board of Health of Clark
County to promote and protect the health and welfare of the inhabitants of
this County, which necessitates the control and regulation of activities
affecting the quality of the air therein; and
WHEREAS, it is the public policy of Clark County and the purpose of these
Regulations to achieve and maintain levels of air quality which will protect
human health and safety, prevent injury to plant and animal life, prevent
damage to property, and preserve visibility and scenic, esthetic and historic
values of Clark County; and
WHEREAS, it is the intent of these Regulations to:
(a) Require the use of reasonably available methods to prevent, reduce
or control air pollution throughout Clark County;
(b) Maintain cooperative programs;
(c) Facilitate cooperation across jurisdictional lines in dealing with
problems of air pollution not confined within a single jurisdiction;
and
WHEREAS, the quality of air is declared to be affected with the public interest
and these Regulations are enacted in the exercise of the police power of this
county and the municipal entities comprising the Health District to protect
the health, peace, safety and general welfare of its people as required by
State law; and
WHEREAS, the District Board of Health has initiated and conducted an Air
Pollution Control program, including a comprehensive air monitoring program
for the purpose of determining air quality standards and source emission
standards; and
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WHEREAS, the need for control of air contaminants, and the emission thereof
at their source, was first determined by an air pollution survey of Clark
County conducted in 1962 and 1963, the findings of which survey and the
problems identified therein having been confirmed by subsequent measurements
and experience gained in the conduct of an Air Pollution Control program
established pursuant to authority vested in the Clark County District Board
of Health by the 1967 session of the legislature of the State of Nevada; and
WHEREAS, the Clark County District Board of Health has taken into considera-
tion all of the facts and circumstances bearing upon the reasonableness of
the emission of air contaminants in the area, including but not limited toj
(a) The character and degree of injury to or interference with health
and property or the reasonable use and enjoyment of property or
conduct of business;
(b) The social and economic value of the source of air contaminants;
(c) The technical practicability and economic reasonableness of reducing
or eliminating the emission of air contaminants from such source;
(d) The location involved, the density of population, the atmospheric
condition, and the relationship of the emissions to the general air
pollution condition of the area;
(e) The cost and effectiveness of control equipment available; and
(f) Efforts previously made and the equipment previously installed to
control or decrease such emissions; and
WHEREAS, recent developments in State and Federal law, as well as developing
air pollution control technology, and the need for more precise and equitable
standards and procedures, require the updating and amendment of the current
Air Pollution Control Regulations of the District Board of Health of Clark
County;
NOW, THEREFORE, the District Board of Health of Clark County, in accordance
with the authority vested in it by Chapter 445 of Nevada Revised Statutes,
does hereby adopt, promulgate and order compliance therewith within Clark
County, Nevada, the following amended Regulations, to be known as "Air
Pollution Control Regulations."
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DISTRICT BOARD OF HEALTH OF CLARK COUNTY
AIR POLLUTION CONTROL REGULATIONS
(1.0) SECTION 1. DEFINITIONS
In these Regulations, unless the context otherwise requires:
1. "Agricultural Operations" means the growing of crops for profit or
the growing of crops for the purpose of providing life support to
a considerable number of people, animals, or fowl.
2. "Air Contaminant" means any substance discharged into the atmosphere
except water vapor or water droplets.
3. "Air Pollution" means the presence in the outdoor atmosphere of one
or more air contaminants or any combination thereof in such quantity
and duration as may tend to:
a. Injure human health or welfare, animal or plant life or property.
b. Limit visibility or interfere with scenic, esthetic and historic
values of the state.
c. Interfere with the enjoyment of life or property.
4. "Air Pollution Control Committee" means five (5) members selected
from the District Board of Health of Clark County to perform the
functions set forth in these Regulations.
5. "Ambient Air" means that portion of the atmosphere surrounding people,
animal, plant life, and buildings.
6. "Atmosphere" means the portion of air which envelops the earth that
is not contained in any enclosed building or structure.
7. "Board" means the District Board of Health of Clark County.
8. "British Thermal Unit" means that quantity of heat required to raise
the temperature of one pound of water from 62° Fahrenheit.
9. "Chemical Process" means a manufacturing operation in which one or
more changes in chemical composition, chemical properties, or physical
properties are involved.
10. "Combustible Refuse" means any waste material'which can be consumed
by combustion.
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11. "Commercial Fuel Oil" means a liquid or liquefiable petroleum
product normally produced, manufactured, used, or sold for the
purpose of creating useful heat.
12. "Diesel Fuel" means a low viscosity oil normally used in compression
ignition engines.
13. "Dust" means minute solid particles released into the atmosphere
by natural forces or by mechanical or chemical processes.
14. "Emission" means any air contaminant passed into the atmosphere.
15. "Existing Source" means any source of air contaminant on which con-
struction has begun prior to October 21, 1971.
16. "Fuel" means any form of combustible matter (solid, liquid, vapor,
or gas), excluding combustible refuse.
17. "Fuel-Burning Equipment" means any device used for the burning of
fuel for the primary purpose of producing heat or power by indirect
heat transfer in which the products of combustion do not come into
direct contact with any other materials.
18. "Fugitive Dust" means solid airborne particulate matter emitted
from any source other than a flue or stack.
19. "Fumes" means minute solid particles generated by the condensation
of vapors from solid matter after volatilization from the molten
state, or may be generated by sublimation, distillation, calcination,
or chemical reaction, when these processes create airborne particles,
20. "Garbage" means putrescible animal or vegetable refuse.
21. "Gas" means matter which has neither independent shape nor volume
and tends to expand indefinitely.
22. "Health Department" means the District Health Department of Clark
County.
23. "Hearing Board" means five (5) members appointed by the Board of
Health to perform the functions set forth in the Nevada Revised
Statutes and these Regulations.
24. "Incinerator" means a combustion device specifically designed for the
destruction, by high temperature burning, of combustible refuse and
from which the solid residues contain little or no combustible material
25. "Mist" means liquid particulates or droplets, about the size of rain-
drops, such as fog, that are formed by condensation of vapor, or
atomization of a liquid by mechanical spraying.
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26. "Motor Vehicle" means every device in, upon, or by which any person
or property is or may be transported or drawn upon a highway, except
devices moved by human power or used exclusively upon stationary
rails.
27. "Multiple Chamber Incinerator" means any article, machine, equipment,
contrivance, structure or part of a structure, used to dispose of
combustible refuse by burning, consisting of three or more refactory-
lined combustion furnaces in series, physically separated by refactory
walls, interconnected by gas passage ports or ducts and employing
adequate design parameters necessary for maximum combustion of the
material to be burned.
28. "New Source" means any source of air contaminant on which construction
has begun after October 21, 1971.
29. "Nuisance" means anything which is injurious to health, offensive to
the senses, or an obstruction to the free use of property, so as to
interfere with the reasonable or comfortable enjoyment of life or
property.
30. "Odor" means those qualities of matter which make it perceptible to
the olfactory senses of man.
31. "Opacity" is that property of a substance tending to obscure vision
and is measured in terms of percent obscuration. The relationship
between opacity and Ringelmann number is:
Ringelmann Opacity
No. (Percent)
1 20
2 40
3 60
4 80
5 100
32. "Open Fire" means any fire wherein the products of combustion are
emitted into the open air and are not directed thereto through a
stack or chimney.
33. "Operating Permit" is a document issued and signed by the Control
Officer, authorizing the operation of a new or existing single source
of air contaminant.
34. "Particulate Matter" means any material except uncombined water, that
exists in a finely divided form as a liquid or solid at standard
conditions.
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35. "Person" means the State of Nevada and any individual, group of
individuals, partnership, firm, company, corporation, association,
trust, estate, political subdivision, administrative agency, public
or quasi-public corporation, or other legal entity.
36. "Process Equipment" means any equipment used for storing, handling,
transporting, processing, or changing any materials whatever by
excluding that equipment specifically defined in these Regulations
as fuel-burning equipment or incinerators,
37. "Process Weight" means the total weight of all materials introduced
into any specific process which process may cause any discharge into
the atmosphere. Solid fuels charged will be considered as part of
the process weight, but liquid and gaseous fuels and combustion air
will not. "Process Weight Per Hour" will be derived by dividing the
total process weight by the number of hours in one complete operation
thereof, excluding any time during which the equipment is idle.
38. "Registration Certificate" is a document issued by the Control Officer
which certifies the receipt of adequate data on a single source of
air contaminant, and that the prescribed registration fee has been
paid. For new sources, it shall constitute approval of location.
39. "Single Source" means all similar process operations located at a
single contiguous property which can technically be replaced by a
single process that performs the same function.
40. "Smoke" means the product of incomplete combustion, consisting chiefly
of particles of unburned carbon.
41. "Source of Air Contaminant" means anything which emits any air con-
taminant.
42. "Special Mobile Equipment" does not include house trailers, dump
trucks, truck-mounted transit mixers., or other vehicles designed
for the transportation of persons or property to which machinery
has been attached. Special mobile equipment may include but is not
limited to graders, scrapers, bulldozers, and other construction
equipment.
43. "Stack" means a stack, chimney, flue, duct, or other opening for
purposes of carrying smoke, dust, gas, vapor, or odor into the open air.
44. "Standard Commercial Equipment" means equipment manufactured in
quantity for the purpose intended and completely specified as to
size, type, and ratings in catalogs, and other printed literature
readily available locally to officials within Clark County,
45. "Standard Conditions" means when applied to gases, a gas temperature
of 60 degrees Fahrenheit, and a gas pressure of 14.7 pounds per square
inch absolute. A standard foot of gas is that volume of gas which
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occupies a cubic foot under the standard conditions as herein
specified.
46. "Stop Order" is a written notice by the Control Officer served on
a person or persons engaged in the doing or causing the construction,
installation or alteration or work involving an air contaminant
source or sources ordering such work to be stopped.
47. "Uncombined Water" means a visible mist of condensed water vapor.
48. "Vapor" means the gaseous phases of a substance which at normal
temperatures and pressures is a liquid or solid.
49. "Waste" means useless, unneeded, or superfluous matter; discarded or
excess material.
(2.0) SECTION 2. AIR POLLUTION CONTROL BOARD
The Board of Health will function as the Air Pollution Control Board of
Clark County and the incorporated cities in Clark County.
(2.0) SECTION 3. AIR POLLUTION CONTROL BOARD POWERS
The Board shall:
1. Select an Air Pollution Control Committee of five (5) from among its
members. One member shall be a member from the County, and the other
members shall consist of one member from each of the incorporated
areas.
2. Designate a "Control Officer" to enforce the Air Pollution Control
Regulations hereinafter contained.
3. Appoint an Air Pollution Control Hearing Board consisting of five (5)
members who are not employees of the State, nor any political sub-
division of the State. One member of the Hearing Board shall be an
attorney admitted to practice law in Nevada, and one member shall be
a professional engineer registered in Nevada,
4. Powers and responsibilities provided for in Chapters 445.461, 445,476
to 445.536, inclusive, 445.571 to 445,581, inclusive, and 445.601, of
Nevada Revised Statutes, shall be binding upon and shall inure to the
benefit of the Board of Health,
The Board may:
5. Subject to the provision of Chapter 445.466 of the Nevada Revised
Statutes, adopt, amend, or modify rules and regulations consistent
with the general intent and purposes of Chapters 445,401 to 445,601,
inclusive, and in accordance with Chapter 233B of Nevada Revised
Statutes to prevent, abate and control air pollution.
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6. Make such determinations and issue such orders as may be necessary
to implement the purposes of these Regulations.
7. Establish air quality standards.
8. Institute legal proceedings in a court of competent jurisdiction
to prevent continued violation of any order issued by the Board of
Health, Hearing Board or Control Officer and to enforce the provi-
sions of these Regulations.
9. Require access to records relating to emissions which cause or con-
tribute to air pollutions.
10. Apply for and receive grants or other funds or gifts from public or
private agencies.
11. Cooperate and contract with other governmental agencies, including
states and the Federal Government.
12. Conduct investigations, research and technical studies consistent
with the general purposes of these Regulations,
13. Establish such emission control requirements as may be necessary
to prevent, abate or control air pollution.
14. Require the registration of air pollution sources together with a
description of the processes employed, fuels used, nature of emissions
and other information considered necessary to evaluate the pollution
potential of a source.
15. Prohibit as specifically provided in Section 9 of these Regulations
the installation, alteration or establishment of any equipment, device
or other article capable of causing air pollution.
16. Require the submission of preliminary plans and specifications, and
other information as the Board of Health deems necessary to process
permits.
17. Enter into and inspect at any reasonable time any premise containing
an air contaminant source or a source under construction for purposes
of ascertaining the state of compliance with these Regulations.
18. Hold hearings for purposes of implementing these Regulations except
as otherwise provided herein.
19. Review recommendations of the Hearing Board and take such additional
evidence as the Board of Health deems necessary or remand to the
Hearing Board for such evidence as the Board of Health may direct.
20. Establish fuel standards for both stationary and mobile sources of
air contaminants.
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21. Require elimination of devices or practices which cannot be reason-
ably allowed without generation of undue amounts of air contaminants.
22. Specify the manner in which incinerators may be constructed and
operated.
23. Delegate all powers, except subsections 5, 7, 18, 20 and 22 to the
Control Officer or his representatives as may be necessary to implement
these Regulations.
24. Require installation or alteration of an air contaminant detector,
air contaminant recorder, combustion controller, or combustion shut-
off on any source of air contaminant.
(2.0) SECTION 4. AIR POLLUTION CONTROL COMMITTEE
The Committee shall:
1. Serve at the pleasure of the Air Pollution Control Board, and from
its members shall elect a Chairman, Vice Chairman, and any other
officers as it deems necessary, and shall meet at the request of the
Air Pollution Control Board, or on its own initiative.
2. Assist the Control Officer in determining facts and making investiga-
tions into violations of the Regulations contained herein,
3. Advise the Air Pollution Control Board of the necessity of the adoption
of any additional air pollution control regulations, or of the neces-
sity to amend any existing Air Pollution Control Regulations.
(2.0) SECTION 5. CONTROL OFFICER
1. The administrative enforcement of these Regulations shall be performed
by the Control Officer.
2. The Control Officer, or his designated agent, shall carry out the
policies of the Air Pollution Control Board, and each of the Control
Officer's acts shall be subject to review by the Air Pollution Control
Board.
3. a. The Control Officer, or his representative may enter into and
inspect any property, premise or place on or at which an air
contaminant source is located or is being constructed, installed
or established at any reasonable time for the purpose of ascer-
taining the state of compliance with these Regulations.
b. No person shall:
(1) Refuse entry or access to any authorized representative of
the Board of Health who requests entry for purposes of inspec-
tion, as provided in this Section, and who presents appropriate
credentials;
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(2) Obstruct, hamper or interfere with any such inspection,
c. If requested, the owner or operator of the premises shall receive
a report setting forth all facts found which relate to compli-
ance status.
4. The Control Officer at any time may require from any person, such
information or analyses as will disclose the nature, extent, quantity
or degree of air contaminants which are or may be discharged by such
source, and type or nature of control equipment in use, and may require
that such disclosures be certified by a professional engineer regis-
tered in the State. In addition to such report, the Control Officer
may designate an authorized agent to make an independent study and
report as to the nature, extent, quantity or degree of any air con-
taminants which are or may be discharged from the source. An
authorized agent so designated is authorized to inspect any article,
machine, equipment, or other contrivance necessary to make the
inspection and report.
5. The Control Officer may require any person responsible for emission
of air contaminants to make or have made tests to determine the
emission of air contaminants from any source, whenever the Control
Officer has reason to believe that an emission in excess of that
allowed by the Air Pollution Control Regulations is occurring. The
Control Officer may specify testing methods to be used in accordance
with good professional practice. The Control Officer may observe
the testing. All tests shall be conducted by reputable, qualified
personnel. The Control Officer shall be given a copy of the test
results in writing and signed by the person responsible for the tests,
6. The Control Officer may conduct tests of emissions of air contaminants
from any source. Upon request of the Control Officer, the person
responsible for the source to be tested shall provide necessary holes
in stacks or ducts and such other safe and proper sampling and testing
facilities, exclusive of instruments and sensing devices as may be
necessary for proper determination of the emission of air contaminants,
7. a. Whenever the Control Officer believes that a statute or regulation
for the prevention, abatement or control of air pollution has
been violated, he shall cause written notice to be served in
person or by certified mail upon the person or persons responsible
for the alleged violation.
b. The notice shall specify:
(1) The statute or regulation alleged to be violated;
(2) The facts alleged to constitute the violation.
c. The notice may include an order to take corrective action within
a reasonable time, which shall be specified. Such an order becomes
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final unless within 10 days after service of the notice, a
person named in the order requests a hearing before the Hearing
Board.
d. Without the issuance of an order pursuant to subsection c,, or
if corrective action is not taken within the time specified;
(1) The Control Officer may notify the person or persons respon-
sible for the alleged violation to appear before the Hearing
Board at a specified time and place; or
(2) The Control Officer may initiate proceedings before the
Hearing Board for the levying of the appropriate fine,
8. Upon a finding by the Hearing Board that a person has not complied
with the terms of an order, or upon the levying of a fine by the
Hearing Board, the Control Officer, in the name of the Board of Health,
may initiate action in the District Court or other court of competent
jurisdiction for injunctive relief, to collect the fine levied, or
for other appropriate remedy.
9. It is a condition of the issuance of an operating permit or any
registration required by these Regulations that the registrant or
holder agrees to permit inspection of the premises to which the permit
or registration relates by the Control Officer at any time during the
registrant's or holder's hours of operation without prior notice.
This condition shall be stated on each registration or application
form and operating permit.
10. If a source of air contaminant exists or is constructed without regis-
tration or is operated without an operating permit, the Control Officer
may inspect it at any reasonable time, and may enter any premises to
search for such a source. If entry is refused, or prior to attempting
to enter, the Control Officer may apply to any magistrate for a
search warrant.
11. The Control Officer shall maintain all procedural forms and instruc-
tions pertaining to procedures set forth in these Regulations, and
shall make such forms and instructions available upon request of any
interested party.
(16.0) SECTION 6. HEARING BOARD
1. The Hearing Board shall select a Chairman and Vice Chairman and such
other officers as it deems necessary, and subject to the approval of
the Air Pollution Control Board, may adopt a manual of procedures to
govern its operation.
2. Members of the first Hearing Board shall serve the following terms;
Two shall be appointed for a term of one year; two shall be appointed
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for a term of two years; and one shall be appointed for a term of
three years. The succeeding appointments shall be for a term of
three years.
3. a. Any person aggrieved by:
(1) The issuance, denial, renewal, suspension or revocation of
an operating permit; or
(2) The issuance, modification or rescission of any other order
by the Control Officer may appeal to the Hearing Board,
b. The Hearing Board shall decide the appeal, and may order the
affirmance, modification or reversal of any action taken by the
Control Officer which is the subject of the appeal,
c. The Hearing Board shall provide by rule for the time and manner
in which appeals are to be taken to the Board, Appeals from any
order issued pursuant to Section 5.7.c. shall be made in writing
within ten (10) days of issuance.
d. Any decision or order of the Hearing Board may be appealed as
provided in Chapter 445.591 of NRS.
4. If a hearing upon an alleged violation is held, the Hearing Board
shall:
a. If it finds that a violation has occurred:
(1) Affirm or modify an order previously issued by the Control
Officer; or
(2) Issue an order for abatement, control or other appropriate
corrective action; or
(3) Levy such fine that it deems appropriate to the violation,
in accordance with Section 25 of these Regulations.
b. If it finds that no violation has occurred, rescind any order
previously issued by the Control Officer.
5. The Hearing Board shall meet within thirty (30) days after receipt of
a request by the Air Pollution Control Board, the Air Pollution Control
Committee, the Control Officer, or on its own initiative.
6. The Chairman, or in his absence the Vice Chairman of the Hearing Board,
may issue subpoenas to compel attendance of any person at a hearing,
and require the production of books, records, and other documents
material to a hearing.
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7. Three members of the Hearing Board must be present to hold a hear-
ing, and a majority of those present must concur in any decision.
8. All testimony must be given under oath and recorded verbatim, by
human or electronic means. Upon request, the Chairman shall provide
for a transcript at the expense of the requesting party,
9. Hearing Board Proceedings are governed by Chapter 233B of NRS as it
relates to contested cases, except as otherwise provided in these
Regulations.
10. The Hearing Board may revoke or modify an order, or a variance, only
after first holding a hearing of which at least thirty C30) days
public notice has been given, unless otherwise specified in these
Regulations.
11. a. The owner or operator of a source of air contaminant or a person
who desires to establish such a source may apply to the Hearing
Board for a variance. There shall be a $10.00 fee for filing
any request for a variance. The Hearing Board may grant a vari-
ance only if, after public hearing on due notice, it finds from
a preponderance of the evidence that:
(1) The emissions occurring or proposed do not endanger or tend
to endanger human health or safety; and
(2) Compliance with the Regulations would produce serious hard-
ship without equal or greater benefits to the public.
b. A variance shall not be granted unless the Hearing Board has
considered the relative interests of first, the public; second,
other owners of property likely to be affected by the emissions;
and last, the applicant.
c. The Hearing Board may in granting a variance impose appropriate
conditions upon an applicant, and may revoke the variance for
failure to comply.
12. a. A variance may be renewed only under circumstances and upon con-
ditions which would justify its original granting,
b. Application for any renewal must be made at least sixty (60) days
prior to expiration of the variance to be renewed, and the Hearing
Board shall give public notice of the application.
c. If a protest is filed with the Hearing Board against the renewal,
the Hearing Board shall hold a public hearing and shall not renew
the variance unless it makes specific, written findings, of fact
which justify the renewal.
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13. a. The following limitations of duration apply to all variances;
(1) If the variance is granted because no practical means is
known or available for prevention, abatement or control
of the air pollution involved, the variance shall continue
only until such means become known and available.
(2) If the variance is granted because compliance with applicable
regulations will require measures which, because of extent
or cost, must spread over a period of time, the variance
shall be granted only for the requisite period as determined
by the Hearing Board, and shall specify the time when the
successive steps are to be taken.
(3) If the variance is granted for any other reason, it shall be
granted for one (1) year or less,
b. A variance whose duration is limited by paragraph (1) or (2) of
subsection a. shall be reviewed at least once each year to deter-
mine whether practical measures have become available or required
steps have been taken.
14, a. No applicant is entitled to the granting or renewal of a variance
as of right.
b. Judicial review may be had of the granting or denial of a variance
as provided in Chapter 445.591 of NRS.
15. a. Any interested person may request a hearing before the Hearing
Board for a declaratory order or advisory opinion as to the
applicability of these Regulations, or of actions by the Board
of Health, or the Control Officer.
16. Any interested person may file a petition with the Hearing Board for
a declaratory order or advisory opinion as to the applicability of
these Regulations, or of actions by the Board of Health, or the Control
Officer.
(8.0) SECTION 7. EMERGENCY PROCEDURES
1. If the Control Officer determines that either a generalized condition
of air pollution or the operation of one or more particular sources
of air contaminant is causing or may cause imminent danger to human
health or safety, he may declare that an episode condition such as an
alert, warning or an emergency exists. The Control Officer may order
the prohibition, restriction, reduction or discontinuance of the
emissions of any air contaminant which is causing or may cause aggra-
vation of the condition. The Control Officer shall utilize Section 6
of the Air Quality Implementation Plan for the State of Nevada which
is entitled, EMERGENCY EPISODE PLAN, as a guide for actions during an
episode condition.
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2. Any order issued pursuant to subsection 1 above, shall expire by
limitation 24 hours after it takes effect, unless affirmed and
extended, modified or set aside by the Hearing Board within that
period of time.
3. Enforcement of restrictions on motor vehicle operation may be carried
out by Law Enforcement Agencies having jurisdiction within incorporated
or unincorporated areas of the Health District.
4. The owner or operator of any stationary source which emits 100 short
tons (90.7 metric tons) or more per year of any air contaminant
shall prepare and submit to the Control Officer a standby plan for
reducing or eliminating emissions of air pollutants during periods
of an Air Pollution Alert, Air Pollution Warning, or Air Pollution
Emergency as defined in the Emergency Episode Plan.
a. Each such plan shall be submitted within 90 days of this regula-
tion and shall be subject to review and approval of the Control
Officer. Any such plan will be approved unless the Control
Officer notifies the owner or operator within 60 days that such
plan has been disapproved. The Control Officer will set forth
reasons for any disapproval.
b. The provision of paragraph a. of this subsection shall supercede
that contained as part of the EMERGENCY EPISODE PLAN which relates
to the time of submittal of standby plans.
c. Each such plan shall identify the air pollutants emitted by the
source, the specific facility from which each air pollutant is
emitted, the manner in which reduction of emissions will be
achieved during an Air Pollution Alert, Warning, or Emergency,
and the approximate reduction in emissions to be achieved by
each reduction measure.
d. During an Air Pollution Alert, Warning or Emergency a copy of
such plan shall be made available on the source premises for
inspection by the Control Officer.
5. Upon notification by the Control Officer that an Air Pollution Alert,
Warning or Emergency has been declared, the owner or operator of each
source which has a standby plan approved by the Control Officer shall
implement the emission reduction measures specified in such plan.
6. Any owner or operator of a stationary source not subject to the
requirements of subsection 1 of this section shall, when requested
by the Control Officer in writing, prepare and submit a standby plan
in accordance with this section.
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(3.0) SECTION 8. REGISTRATION AND OPERATING PERMITS
1. Any person who causes, lets, permits, suffers, or allows the emission
of air contaminants, whether or not limits are established by these
Regulations for emission of such contaminants, shall file with the
Control Officer, on forms provided by the Control Officer, the
following information:
a. Name and address of business.
b. Nature of business.
c. Name of local person responsible for compliance with these
Regulations.
d. Information on methods of refuse disposal,
e. Information on fuel used for space heat, process heat, or power
generation,
f. A description of the specific nature and quantity of the air
contaminants emitted, together with corresponding location or
locations of the sources.
g. Any such other information as may be requested by the Control
Officer necessary to determine compliance with these Regulations,
2. The following sources of emission of air contaminants shall be exempt
from the registration provision of this section:
a. Internal combustion engines installed in motor vehicles and
special mobile equipment, or any engine used solely as a standby
source of motor power.
b. Natural gas fired or liquefied petroleum gas fired or oil fired
equipment (burning No. 1 and No. 2 fuel oil), furnaces, boilers,
water heaters or steam generators, having not over one million
BTU's per hour total input,
3. Registration Certificates issued by the Control Officer shall not be
deemed to be an acceptance or approval of any article, machine,
equipment, process or other contrivance listed on said Registration
Certificate by the Control Officer, or his agent. Nor shall the
issuance of said Registration be construed to show compliance on the
part of the Registrant with the Regulations contained herein, limiting
the emission of air contaminants into the atmosphere.
4. The Registrant shall provide any information regarding the emission
of air contaminants into the atmosphere as the Control Officer may
require, and said Registrant shall maintain such registration in
current status by notifying the Control Officer of any significant
change in any item of information furnished in compliance herewith.
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5. The lack of emission limits or controls in these Regulations for
items requiring a Registration Certificate shall not be a bar to
the requirement for said Certificate,
6. Registration Certificates shall be renewed annually on February 24th
of each year, and will require an annual fee as listed in Section 10
of these Regulations.
7. A person who has been granted a Registration Certificate to operate
any article, machine, equipment, process, or other contrivance shall
display such Registration Certificate in a room or office on the
premises readily accessible to Air Pollution Control personnel from
the Health Department for inspection or examination, and reasonably
close to the equipment or other contrivance which is the subject of
such Registration Certificate.
8. No person shall willfully deface, alter, forge, counterfeit, or
falsify a Registration Certificate to operate any article, machine,
equipment, process, or other contrivance,
9. A Registration Certificate shall not be transferable, by operation
of law or otherwise, from one location to another, nor from one piece
of equipment to another, but it may be transferred from one person
to another upon payment of the required fee.
10. No person shall cause, suffer, or allow the operation of any item
requiring a Registration Certificate unless an Operating Permit for
such operation has been issued by the Control Officer, and such
permit is current and valid.
11. The Control Officer shall issue an Operating Permit to any existing
source which is operated in compliance with these and all applicable
State and Federal Regulations.
12. The Control Officer may issue an Operating Permit on a conditional
basis, to any new source requiring some reasonable time for initial
testing, or to any existing source which is not in compliance with
applicable emission limitations, but which has had a compliance
schedule or variance approved by the Hearing Board.
13. The Operating Permit may be issued only after application is made on
forms provided by the Control Officer.
14. Operating Permits are subject to revocation or suspension for viola-
tion of these Regulations. Upon a determination by the Control
Officer that a permittee is in violation of these Regulations, the
Control Officer may serve upon the permittee at the address given
on the Registration Certificate, through personal service or by
certified mail, a Notice of Suspension or Revocation of Operating
Permit, setting forth in detail the violations charged. Such suspen-
sion or revocation shall become final and effective ten (10) days
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after service of the written notice, and the Operating Permit there-
upon surrendered to the Control Officer, unless the permittee files
with the Hearing Board, in writing, within ten (10) days after ser-
vice of the Notice of Suspension or Revocation, an Appeal from such
action of the Control Officer. The filing of such appeal shall stay
the suspension or revocation of the permit pending a decision thereon
by the Hearing Board. The Hearing Board shall meet to decide the
appeal no later than thirty (30) days after the filing of the per-
mittee's appeal, and after public hearing on said appeal, affording
the permittee and the Control Officer full opportunity to present
evidence and testimony, may affirm, modify or set aside the action
taken by the Control Officer. For this purpose, public notice of
less than thirty (30) days may be given of such appeal hearing.
(10.0) SECTION 9. NEW AND MODIFIED SOURCES
1. No person shall install or construct any new stationary source, or
make modifications to any existing source which will increase or
change the effects or characteristics of air contaminants discharged,
or install an air cleaning device, unless a Registration Certificate
therefor has been issued by the Control Officer.
a. Application for Registration shall be made on forms furnished
by the Control Officer.
b. A separate application is required for each source,
c. Each application shall be accompanied by a report and plans, which
contain site information, stack data, and the nature and amount
of emissions. The information shall be sufficient in scope to
enable the Control Officer to make any determination pursuant to
the requirements of Section 9.4 of these Regulations.
d. Each application and report shall be signed by the applicant, and
when required by the Control Officer, shall be certified by a
licensed professional engineer as to the accuracy of the technical
information concerning the equipment and/or control device con-
tained in the report. The signature of the applicant shall consti-
tute an agreement that the applicant shall assume responsibility
for the capability of the new source and/or control device to
comply with the Regulations when in operation.
e. Any additional information, plans, specifications, evidence or
documentation relating to emissions or control of emissions that
the Control Officer may require shall be furnished upon request.
f. Any changes or alterations to the plans or report affecting the
emission from the source shall be reported to the Control Officer
and shall be approved prior to implementation.
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2. No Registration Certificate will be issued unless the Control Officer
has approved the location of the source, and the applicant shows to
the satisfaction of the Control Officer that the source will not
prevent or interfere with attainment or maintenance of Air Quality
Standards set forth in these Regulations.
3. The Control Officer shall act within reasonable time on an application.
4. If at any time prior to issuing an operating permit the Control
Officer determines that:
a. The proposed construction, installation, alteration, or establish-
ment will not be in accordance with the provisions of the plans,
specifications, and other design material required to be sub*-
mitted under these Regulations; or
b. The design or the construction itself is of such a nature that it
patently cannot bring such source into compliance with these
Regulations, he shall issue a Stop Order prohibiting the construc-
tion, installation, establishment, or alteration of the source.
5. The Stop Order shall set forth the reasons for its issuance and the
effective time and date. The Hearing Board shall meet within ten (10)
days of filing of an appeal to review the action of the Control Officer
in accordance with the provisions of Section 6 of these Regulations.
6. The Control Officer may cancel a Registration Certificate issued under
this section if the construction is not begun within one year of date
of issuance, or if during construction work is suspended for one year.
If said Registration Certificate is cancelled, any fees paid shall.be
forfeit.
7. A Registration Certificate shall not relieve any owner or operator of
the responsibility to comply with all applicable local, State, and
Federal Regulations.
8. The relocation, construction or modification of an air contaminant
source and/or control device is done at the owner's risk, and does
not relieve him from complying with these Regulations,
9. New equipment or changes of process capable of becoming a source of
air pollution shall be provided with the maximum control capability
which is technically practicable.
10. The provisions of this section shall apply to all air contaminant
sources within Clark County except those specifically mentioned below:
a. Comfort heating equipment with a gross heat input of less than
one million BTU's per hour.
b. Comfort ventilating systems.
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c. Internal combustion engines and vehicles used for transport of
passengers or freight.
d. Unit space heaters.
e. Vacuum cleaning systems used exclusively for residential or
commercial housekeeping.
(3.0) SECTION 10. ANNUAL REGISTRATION FEES
1. Fuel-Burning Equipment
a. Less than 10 million BTU's per hour $ 10,00
b. Equal to or more than 10 million but less
than 100 million BTU's per hour $ 50.00
c. Equal to or more than 100 million but
less than 1,000 million BTU's per hour $ 100.00
d. Equal to or more than 1,000 million
BTU's per hour $ 1,000.00
2. Incinerators
a. Less than 500 pounds per hour $ 50.00
b. Equal to or more than 500 but less
than 1,000 pounds per hour $ 100.00
c. Equal to or more than 1,000 pounds
per hour $ 200.00
3. Process Equipment or Chemical Process
a. Employing less than twenty-five people $ 100.00
b. Employing twenty-five or more people
but less than fifty people $ 200.00
c. Employing fifty people or more $ 1,000.00
4. Stationary tank, reservoir, or other container,
of more than 40,000 gallons capacity containing
gasoline or any petroleum distillate having a
vapor pressure of 1.5 pounds per square inch
absolute, or greater $ 50.00
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(9.0) SECTION 11. SAMPLING AND TESTING - RECORDS AND REPORTS
(13.0)
1. Any person operating any article, machine, equipment, or other con-
trivance for which registration is required by these Regulations,
shall permit the Control Officer, or his agent, to install and main-
tain sampling and testing facilities as are reasonable and necessary
for measurement of emissions of air contaminants. Where existing
facilities for sampling or testing are inadequate, the Control
Officer may, in writing, require the Registrant to provide and main-
tain access to, such facilities as are reasonably necessary for
sampling and testing purposes by the Control Officer, or his authorized
agent, in order to secure information that will disclose the nature,
extent, quantity, or degree of air contaminants discharged into the
atmosphere from the article, machine, equipment, or other contrivance
described in the Registration form or records.
2. The owner or operator of any point source as defined in Title 40 CFR,
Part 51.1, Paragraph (k), published in the Federal Register on
November 25, 1971, shall maintain records of the nature and amounts
of emissions from such source and/or any other information as may be
deemed necessary by the Control Officer to determine whether such
source is in compliance with applicable emission limitations or
other control measures.
3. The information recorded shall be summarized and reported to the
Control Officer on forms furnished by the Control Officer and shall
be submitted as part of the registration renewal requirement as
provided in Section 8.6 of these Regulations.
4. Information recorded by the owner or operator and copies of the
summarizing reports submitted to the Control Officer shall be retained
by the owner or operator for two years after the date on which the
pertinent report is submitted.
5. Emission data obtained pursuant to these Regulations from owners or
operators of stationary sources to which air quality standards shall
apply shall be correlated with applicable emission limitations and
other control measures and will be available to the public during
normal business hours at the District Health Center, 625 Shadow Lane,
Las Vegas, Nevada 89106.
(7.0) SECTION 12. UPSET. BREAKDOWN. OR SCHEDULED MAINTENANCE
Operation of any plant or equipment which causes emissions of air con-
taminants in excess of limits set by these Regulations is in violation
of these Regulations unless:
1. Such emissions result from the shutdown of equipment for scheduled
maintenance that has been reported to the Control Officer at least
twenty-four (24) hours before any such maintenance, and the .scheduled
maintenance is performed whenever possible during times specified by
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the Control Officer as favorable for atmospheric ventilation; and
these emissions are minimized as much as reasonably possible
during such scheduled maintenance, particularly by performance
during periods of non-operation.
2. Such emissions resulting from an upset or breakdown of equipment is
ruled by the Hearing Board to be unavoidable and does not indicate
careless, marginal, or unsafe operation.
(51.13) SECTION 13. OPEN BURNING
1. No person shall cause, suffer, allow or permit the burning of any
combustible material in any open fire except as provided in this
section and then only when such burning has been approved in advance
by the Control Officer. Such exceptions are as follows:
a. When in the judgment of the Control Officer no other method for
the disposal of combustible material exists or can reasonably
be obtained.
b. Small fires for recreational, educational, ceremonial, cooking
purposes and warmth of human beings, including barbecues and
outdoor fireplaces provided they do not create a public nuisance,
c. Where fire is set by officers of governmental agencies, in per-
formance of their official duties for the purposes of training
and instruction of fire-fighting and fire-rescue personnel.
d. Outside the Las Vegas Valley, when such fire is set on a field
used for growing crops in the course of disposing of unused
portions of a crop and intermingled weeds resulting from an
agriculture operation.
e. Destruction of highly explosive or dangerous materials for which
there is no other practical method of disposal.
f. Domestic burning of material originating on premises, exclusive
of garbage, at a property used exclusively as a private residence
or dwelling where there is no collection service available for
such material.
2. Notwithstanding subsection 1, any burning so permitted by this section
must be controlled so that public nuisance or traffic hazards are not
created as a result of the air contaminants being emitted.
3. Nothing in this section shall be construed to prohibit or make unlaw-
ful the construction and use of private barbecue pits, grills, or
outdoor fireplaces for the preparation of food for consumption by
individuals; nor shall any permit from the Control Officer be
required therefor.
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4. Open burning shall be prohibited during air pollution episode
conditions as defined in Section 6 of the Implementation Plan
for the State of Nevada entitled, EMERGENCY EPISODE PLAN.
5. For the purposes of this section, "Las Vegas Valley" is defined as
being within the following described boundaries which are referenced
to the Mount Diablo Base and Meridian, Beginning at the intersection
of the northern boundary of Township 19 South and the western boundary
of Range 60 East; thence along a line in a general East by South
direction to a point two miles East of the eastern boundary of Range
63 East and two miles South of the northern boundary of Township 19
South; thence along a line in a general South by East direction to
a point 1-1/2 miles West of the eastern boundary of Range 63 East
and the Southern boundary of Township 22 South; thence generally
westerly along the southern boundary of Township 22 South to the
western boundary of Range 60 East; thence generally northerly along
the western boundary of Range 60 East to the northern boundary of
Township 19 South.
(51.9) SECTION 14. INCINERATORS
1. a. No combustible refuse, other than liquid and gases, shall be
burned in any incinerator, cremation device, pathological des-
tructor, or any other device used for disposal or recovery of
material by burning, other than a multiple chamber incinerator
which the Control Officer has approved, and for which a current
and valid operating permit is in effect.
b. Liquid and gases may be burned only in specific by-product
incinerators to burn Type 5 and Type 6 wastes, according to
the Incinerator Institute of America Standards, which the Control
Officer has approved and for which there is a current and valid
registration and operating permit,
2. An incinerator may be operated only during the following periods:
a. April 1 through October 1, 10:00 a.m. to 5:00 p.m., local time.
b. October 1 through April 1, 11:00 a.m. to 4:00 p.m., local time,
3. Section 14.2 shall not apply to incinerators of the following types:
a. Incinerators that have a burning capacity equal to or greater than
two (2) tons per hour and which are used to burn at least five (5)
tons of refuse per day,
b. Specific by-product incinerators used to burn Type 5 or Type 6
wastes, according to the Incinerator Institute of America Standards,
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4. Crematory and pathological incinerators used to burn Type 4 wastes,
according to the Incinerator Institute of America Standards, and
incinerators operated by law enforcement officials for the destruc-
tion of contraband material may be operated during hours other than
those prescribed in subsections a. and b. of Section 14,2 only after
obtaining prior written permission from the Control Officer.
(50.7) SECTION 15. PROHIBITION OF NUISANCE CONDITIONS
No person shall cause, suffer or allow the discharge from any source
whatsoever such quantities of air contaminants or other material which
cause injury, detriment, nuisance or annoyance to any considerable number
of persons or to the public or which endanger the comfort, repose, health
or safety of any such persons or the public or which cause or have a
natural tendency to cause injury or damage to business or property.
(50.1.2) SECTION 16. EMISSION OF VISIBLE AIR CONTAMINANTS
A person shall not discharge into the atmosphere, from any single source
whatsoever, except for an incinerator, any air contaminants for a period
or periods aggregating more than three (3) minutes in any sixty C60)
minute period, which is:
1. As dark or darker in shade as that designated No. 1 on the Ringelmann
Chart, as published by the United States Bureau of Mines,
2. Of such opacity as to obscure an observer's view to a degree equal
to, or greater than does smoke, as described in Section 16.1.
3. Exceptions:
a. Smoke from fires permitted in Section 13, herein.
b. Where the presence of uncombined water is the only reason for
the failure of an emission to meet the limitations herein,
this section shall not apply.
c. Smoke discharged in the course of training Air Pollution Control
Inspectors to observe visible emissions, if written permission
is obtained from the Control Officer specifying the times and
dates of such training.
4. Any existing source undergoing substantial alteration after the effec-
tive date of these Regulations, other than those which have had com-
pliance schedules approved by the Hearing Board before such date,
shall incorporate control devices and methods calculated, within the
maximum control capability which is technically practicable at the
time that work o'f the alterations is begun, to eliminate all visible
emission from the source involved.
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Any new source shall incorporate control devices and methods calcu-
lated to produce Ringelmann No. 0 or equivalent opacity except for
three (3) minutes in any sixty (60) minutes during which time a
visible emission of Ringelmann No, 1 or equivalent opacity shall be
permitted.
a. For the purposes of this section, "new source" shall be defined
as one where no construction has begun as of the effective date
of these Regulations.
b. For the purposes of this section, "alteration" shall be defined
as meaning any change to an existing source which will produce
or result in an increase of visible emission from that source
upon completion of the work involved.
5. No person shall cause, suffer, allow, or permit the discharge into
the atmosphere from any incinerator any air contaminants for a period
or periods aggregating more than one minute in any hour which is:
a. As dark or darker in shade as that designated No. 1 on the
Ringelmann Chart as published by the United States Bureau of
Mines.
b. Of such opacity as to obscure an observer's view to a degree equal
to, or greater than does smoke as described in Section 16.5.a.
6. Emission standards for internal combustion engines shall be the same
as those adopted by the Nevada State Commission for Environmental
Protection as Article 11 in the State of Nevada Air Quality Regula-
tions. These standards shall be a part of these Regulations by
reference.
(51.9) SECTION 17. PARTICULATE MATTER FROM INCINERATORS
1. Incinerators which have a burning capacity of less than two (2) tons
per hour and are constructed and permitted prior to the effective
date of these Regulations shall not be permitted to discharge into
the atmosphere particulate matter in excess of 0.2 grains per standard
cubic foot of dry exhaust gas calculated to 12% of carbon dioxide
(C02) at standard conditions. In measuring the combustion contaminants
from incinerators used to dispose of combustible refuse by burning,
the carbon dioxide (C02) produced by combustion of any liquid or
gaseous fuel shall be excluded from the calculation of 12% of carbon
dioxide (C02).
2. Incinerators which are constructed and permitted after the effective
date of these Regulations except those specified in section a, and
b. of Section 14.4 shall not be permitted to release or discharge into
the atmosphere particulate matter in excess of 0.1 grains per standard
cubic foot of dry exhaust gas calculated to 12% of carbon dioxide
(C02) at standard conditions. In measuring the combustion contaminants
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from incinerators used to dispose of combustible refuse by burning,
the carbon dioxide (COg) produced by the combustion of any liquid
or gaseous auxiliary fuel shall be excluded from the calculation to
12 % of carbon dioxide
3. Those incinerators specified in subsections a, and b, of Section
14.3 shall not be permitted to release or discharge parti cul ate
matter in excess of the following amounts based upon the dry weight
of refuse charged in pounds per hour:
Maximum Allowable Rate of
Dry Refuse Charged Emission of Particulate
pounds per hour Matter, pounds per hour
10 0.00407
50 0,0203
100 0.0407
500 0.203
1,000 0.407
5,000 2.03
10,000 4.07
50,000 20.3
100,000 40.7
Maximum allowable emission rates for intermediate charging rates shall
be determined by using the equation
E = 40.7 X 10"5C
Where E is the maximum allowable rate of emission of particulate
matter in pounds per hour and C is the rate of dry refuse charged
in pounds per hour.
(50.1.1) SECTION 18. PARTICULATE MATTER FROM PROCESS EQUIPMENT
For purposes of the regulation, the total process weight from all similar
process units at a plant or premises shall be used for determining the
maximum allowable emission of particulate matter that passes through a
stack or stacks. The process weight rate shall be the equipment manufac-
turer's or designer's guaranteed maximum input, whichever is greater,
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 definition,
the interpretation that results in the minimum value for allowable emission
shall apply.
No person may discharge in any one hour, from any source with process
weight in the following range, dust or fumes in total quantities in excess
of the amount shown in the following table.
Where the process weight per hour falls between figures in the left-hand
column the exact weight of permitted discharge may be interpolated.
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Process
Wt/hr (Ibs)
50
100
150
200
250
300
350
400
450
500
550
600
650
700
750
800
850
900
950
1000
1100
1200
1300
1400
1500
1600
1700
1800
1900
2000
2100
2200
2300
2400
2500
2600
2700
2800
2900
3000
3100
3200
3300
Maximum Weight
Disch/hr (Ibs)
.24
.46
.66
.85
1.03
1.20
1.35
1.50
1.63
1.77
1.89
2.01
2.12
2.24
2.34
2.43
2.53
2.62
2.72
2.80
2.97
3.12
3.26
3.40
3.54
3.66
3.79
3.91
4.03
4.14
4.24
4.34
4.44
4.55
4.64
4.74
4.84
4.92
5.02
5.10
5.18
5.27
5.36
Process
Wt/hr (Ibs)
3400
3500
3600
3700
3800
3900
4000
4100
4200
4300
4400
4500
4600
4700
4800
4900
5000
5500
6000
6500
7000
7500
8000
8500
9000
9500
10000
11000
12000
13000
14000
15000
16000
17000
18000
19000
20000
30000
40000
50000
60000 or
Maximum Weight
Disch/hr (Ibs)
5.44
5.52
5.61
5.69
5.77
5.85
5.93
6.01
6.08
6.15
6.22
6.30
6.37
6.45
6.52
6.60
6.67
7.03
7.37
7.71
8.05
8.39
8.71
9.03
9.36
9.67
10.00
10.63
11.28
11.89
12.50
13.13
13.74
14.36
14.97
15.58
16.19
22.22
28.30
34.30
more 40.00
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(50.1.3) SECTION 19. FUGITIVE DUST
1, Prohibitions
a. Any person engaged in activities involving the dismantling of
buildings, public or private construction, mining or processing
sand, gravel, or rock (which includes excavating, crushing,
sizing, screening, cleaning, and mixing), the operation of
machines and equipment, the grading of roads, and trenching
operations, shall take all reasonable precautions to abate
nuisance caused by dust and to prevent its transmission beyond
the boundry lines of the real property on which it originates,
Reasonable precautions may include, but are not limited to,
cleaning up, sweeping, sprinkling, compacting, enclosure,
chemical or asphalt sealing, or such other measures as the
Control Officer may specify to accomplish satisfactory results,
b. After the effective date of these amended Regulations, no owner
or lessee of any real property located or situated in Clark
County, Nevada, or in any incorporated city therein, shall
disturb the topsoil or remove the natural cover and allow the
same to remain unoccupied, unused, vacant or undeveloped. Nor
shall any owner or lessee of any such property upon which the
topsoil has been distrubed or the natural cover removed before
the effective date of these amended Regulations allow the same
to remain unoccupied, unused, vacant, or undeveloped unless
reasonable precautions are taken to prevent fugitive dust origi-
nating from such property from becoming airborne.
c. No person shall cause or permit the handling or transporting or
storage of any material in a manner which allows or may allow
controllable particulate matter to become airborne.
d. Sand and abrasive blasting operations will not be permitted unless
effective enclosures or other such dust control devices including
but not limited to the injection of water have been installed to
prevent excessive sand and dust dispersal.
2. Permission to disturb topsoil
a. No owner, lessee, occupant, operator, user or any other person
shall disturb the topsoil of any property within Clark County,
Nevada, or within any incorporated city therein of one-quarter
acre or more prior to the issuance of a permit by the Control
Officer and then only if said permit is current and valid.
b. No person shall disturb the topsoil of any property within Clark
County, Nevada, or within any incorporated city therein of one-
quarter acre or more at the request or under contract of the
owner, lessee, occupant, user, or any other person until he has
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ascertained that the required permit has been issued by the
Control Officer.
c. The requirements of permits in this section shall not apply to
agricultural operations or landscaping by a person at his place
of residence.
3. Permit Applications
Applications for permits will be obtained from the Office of the Air
Pollution Control Officer, 625 Shadow Lane, Las Vegas, Nevada 89106,
and will be filed with the Control Officer. The permit may be
obtained by either the owner, lessee, developer, or prime contractor,
4. Each application will be accompanied by payment of a fee in accord-
ance with the following schedule:
One-fourth (1/4) acre to two and one-half (2-1/2) acres , . . $10,00
Two and one-half (2-1/2) acres to five (5) acres $15.00
Five (5) acres to ten (10) acres $20,00
Ten (10) acres to twenty (20) acres $30,00
Twenty (20) acres to forty (40) acres $40,00
Forty (40) acres to eighty (80) acres $50,00
Eighty (80) acres or more . . . $75,00
5. Conditions of Permit
Said permit is to be granted subject to the right of inspection of
such land and determination by the Control Officer of any present or
potential sand, dust, or dust particles problem. The permit shall
be granted subject, but not limited to the following conditions:
a. The applicant presents and agrees to implement an acceptable
method to prevent particulate matter from becoming airborne.
b. The applicant presents and agrees to implement an acceptable
method of securing the topsoil when the project is finished.
c. The applicant agrees in writing to take additional precautions
as may be reasonably prescribed by the Control Officer, consistent
with the provisions of this section of the Regulations.
d. The applicant agrees in writing to suspend all or part of his
activities, which are related or which may be contributing to
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a violation of this Section 19 of the Regulations, if he cannot
provide satisfactory control of airborne particles, or upon
notification by the Control Officer or his representative,
e. As an additional condition to the issuance of a permit under
Section 19.2 of these Regulations, the Control Officer may re-
quire the posting of a surety bond in a form acceptable to him.
Any such bond must be executed by the applicant for the permit
as principal with a corporation authorized to transact surety
business in the State of Nevada, and shall be conditioned upon
faithful performance of all other conditions of the permit and
faithful compliance with the provisions of these Regulations.
The amount of each bond required by this section shall be fixed
by the Air Pollution Control Officer with reference to the
applicant's financial and professional responsibility and the
magnitude or his operations, but shall be not less than $500.00
or more than $20,000.00.
f. The permittee's signature or that of his authorized agent on.the
permit shall constitute agreement by the permittee to accept
responsibility for meeting the conditions of the permit.
6. Permits Revoked
The Control Officer or his representative may revoke the permit if he
finds that any of its conditions are not being fulfilled. Non-
fulfillment of any condition set forth in the permit shall be in
violation of this section. Upon revocation of a permit, that work
which gives rise to violation to the terms of the permit will cease.
The Control Officer shall post notices of revocation conspicuously on
the property involved. The notice shall indicate the date and time
of revocation and shall state the reasons therefor. The revocation
will remain in effect until such time as rescinded by the Control
Officer and a new permit is issued upon payment of a fee in accordance
with the following schedule; provided that the permittee shall have a
right to hearing before the Hearing Board within three (3) days from
date of issuance of the revocation:
One fourth (1/4) acre to two and one-half (2-1/2) acres , , . $ 30,00
Two and one-half (2-1/2) acres to five (5) acres, $ 45,00
Five (5) acres to ten (10) acres , $ 60.00
Ten (10) acres to twenty (20) acres , . , $ 90,00
Twenty (20) acres to forty (40) acres $120.00
Forty (40) acres to eighty (80) acres $150.00
Eighty (80) acres or more , . $225.00
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Any person aggrieved by a decision of the Control Officer pursuant
to this section may appeal to the Hearing Board as provided in
Section 6 of these Regulations.
7. Processing Permit Applications
Permit applications will be processed by the Control Officer as
rapidly as possible, Plat or plot plans will be submitted to the
Control Officer for review at the time of application, Permits will
be issued from approved applications.
8. Information
The Control Officer shall keep local government planning, engineering,
and building agencies, and contractors' associations supplied with a
written summary of the dust control and permit requirements of this
Section 19.
9. Correction of Condition
If loose sand, dust, or dust particles are found to exist in excess
of acceptable limits, as determined by the Control Officer, the Control
Officer shall notify the owner, lessee, occupant, operator, or user,
of said land that said situation is to be corrected within a specified
period of time, dependent upon the scope and extent of the problem.
The failure to correct said situation within the specified period of
time shall be in violation of this section.
10. Remedial Action
The Control Officer, his designated agent, or any other authorized
representative of the Health Department, after due notice shall be
further empowered to enter upon any said land where any sand or dust
problems exists, and to take such remedial and corrective action as
may be deemed appropriate to cope with, and relieve, reduce, or
remedy the existent sand and dust situation and condition, when the
owner, occupant, operator, or any tenant, lessee, or holder of any
possessory interest or right in the involved land, fails to do so.
11. Costs
Any cost incurred in connection with any such remedial or corrective
action by the Health Department or any person acting for the Health
Department shall be assessed against the owner of the involved
property, and failure to pay the full amount of such costs shall
result in a lien against said real property, which lien shall remain
in full force and effect until any and all such costs shall have been
fully paid.
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(51.16) SECTION 20. GASOLINE UNLOADING FROM TANK TRUCKS AND TRAILERS INTO STORAGE
TANKS" '
1. A person shall not load, nor permit the loading of gasoline into any
stationary storage tank unless such tank is equipped with a permanent
submerged fill pipe, the discharge opening of which, is entirely
submerged when the liquid level is six inches above the bottom of
such tank.
2. When loading gasoline into a storage tank from tank truck or trailer,
the hose connection to the storage tank fill pipe shall be a tight
leak-proof fill connection,
3. For the purpose of these Regulations the term "gasoline" is defined
as any petroleum distillate having a Reid vapor pressure of four
pounds or greater.
4. The provisions of Section 20.1 shall not apply to any stationary tank
with a capacity of less than 250 gallons, nor to the loading of gaso-
line into any stationary tank installed prior to March 25, 1968 where
the fill line between fill connection and such tank is offset, nor
to the loading of gasoline into any such tank having a capacity of
2,000 gallons or less which was installed prior to March 25, 1968.
(51.16) SECTION 21. STORAGE OF PETROLEUM PRODUCTS
A person shall not place, store, nor hold in any stationary tank, reservoir
or other container of more than 40,000 gallons capacity any petroleum
distillate having a vapor pressure of 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 pressure suffi-
cient at all times to prevent hydrocarbon vapor or gas loss into the
atmosphere, or unless it is designed and equipped with one of the follow-
ing vapor loss control devices, properly installed, and in good working
order and operation:
1. 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, to close the space between the roof edge and the tank
wall. The control equipment provided for herein shall not be used if
the gasoline or petroleum distillate has a vapor pressure of 11.0
pounds per square inch absolute or greater under actual storage con-
ditions. All tank gauging and sampling devices shall be gas-tight
except when gauging or sampling is taking place.
2. 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.
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3. Other equipment of equal efficiency, provided such equipment has
first been submitted to and approved by the Control Officer.
(2.0) SECTION 22. INJUNCTIVE RELIEF
In addition to any remedy of law hereunder, the Control Officer may apply
to a court of competent jurisdiction for other equitable and injunctive
relief to enforce compliance with, or to restrain violations of any pro-
vision of these Regulations, or of any regulation or rule made and adopted
pursuant thereto.
(2.0) SECTION 23. INTERFERENCE WITH CONTROL OFFICER
It is unlawful for any person:
1. To hinder, obstruct, delay, resist, interfere with, or attempt to
interfere with, the Control Officer, or any individual to whom
authority has been duly delegated for the performance of any duty
by these Regulations.
2. To refuse to permit the Control Officer or any individual to whom
such authority has been delegated, to administer or perform any
function provided for herein, by refusing him at any reasonable time
entrance to property or premises, except a private residence, contain-
ing equipment or open fire, discharging, or suspected and believed to
be discharging, smoke, dust, gas, vapor, or odor into the open air.
3. To fail to disclose information when requested under oath or other-
wise, to the Control Officer or any individual to whom such authority
has been delegated.
(15.0) SECTION 24. PERSONS LIABLE FOR PENALTIES - PUNISHMENT: DEFENSE
1. All persons owning, operating, or in charge of control of any equip-
ment or property who shall cause, permit, or participate in, any
violation of these Regulations, shall be individually and collectively
liable to any penalty or punishment imposed by and under these Regu-
lations.
2. It shall be a defense to any prosecution instituted against any
employee of a person owning, operating, or conducting any business,
industry, or operation that the acts complained of were done and
performed pursuant to the orders and directions of such owner or
operator, or his agent or representative, conducting such business,
industry or operation.
(3.0) SECTION 25. ADMINISTRATIVE FINES
1. Any person who violates any provision of these Regulations except
Section 16.6 is guilty of a civil offense and shall pay an adminis-
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trative fine levied by the Hearing Board of not more than $5,000,
Each day of violation constitutes a separate offense. The follow-
ing fines apply to lesser violations:
a. First Violation
(1) Section 13 $ 25.00
(2) Section 16 (for oil-fired boilers) $ 25.00
(3) Section 16 (for incinerators) $ 50.00
(4) Section 19 (fugitive dust) $ 50,00
b. Second Violation
(1) Section 13 $ 50.00
(2) Section 16 (for oil-fired boilers) $ 50.00
(3) Section 16 (for incinerators) $100.00
(4) Section 19 (fugitive dust) $100.00
c. Third Violation
(1) Section 13 $100.00
(2) Section 16 (for oil-fired boilers) $100.00
(3) Section 16 (for incinerators) $200.00
(4) Section 19 (fugitive dust) $200.00
d. In the event of four (4) or more, violations in one year's time or
less, the fine may be that which is deemed appropriate by the
Hearing Board.
2. Any person aggrieved by an order issued pursuant to this section is
entitled to review as provided in Chapter 445.591 or NRS.
3. Nothing contained in Section 25 of these Regulations shall be construed
as limiting the authority of the Hearing Board to take other appro-
priate remedies as are provided in these Regulations.
4. Any person who violates Section 16.6 of these Regulations is guilty
of a misdemeanor.
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(51.5) SECTION 26. FUEL BURNING EQUIPMENT
1. General Provisions
a. This regulation applies to installation in which fuel is burned
for the primary purpose of producing heat or power by indirect
heat transfer in which the products of combustion do not come
into direct contact with other materials, Fuels include those
such as coke, coal, lignite, coke breeze, fuel oil, and wood,
but do not include refuse. When any products or by-products of
a manufacturing process are burned for the same purpose or in
conjunction with any fuel, the same maximum emission limitations
shall apply.
b. 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-2015r62T Gross calorific value of solid fuel by
the Adiabatic Bomb Calorimeter, which publications are made a
part of this section by reference.
c. For purposes of this regulation the heat input shall be the aggre-
gate heat content of all fuels whose products of combustion pass
through a stack or stacks. The heat input value used shall be
the equipment manufacturer's or designer's guaranteed maximum
input, whichever is greater. The total heat input of all fuel-
burning units on a plant or premises shall be used for determining
the maximum allowable amount of particulate matter which may be
emitted.
d. The amount of particulate matter emitted shall be measured accord-
ing to the American Society of Mechanical Engineers' Power Test
Codes - PTC-27, dated 1957 entitled, "Determining Dust Concen-
trations in a Gas Stream," which publication is made a part of
this section by reference. The Control Officer may modify this
testing procedure or specify the use of more current procedures
in accordance with good professional practice.
Emission Limitations
a. No person shall cause or permit the emission of particulate matter
from any fuel-burning equipment in excess of the quantity set
forth in the following table:
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Maximum allowable rate of
Heat input, millions emission of particulate matter,
of British thermal . pounds per million British
units per hour _ thermal units of heat input
10 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 0.07T7
20,000 0.0607
40,000 0.0409
50,000 0.0358
100,000 0.0243
b. Maximum allowable emission rates of particulate matter for heat
input greater than 10 million but less than 4000 million BTU per
hour shall be determined by using the equation
-0
Y = 1.02 X "•"'. Maximum allowable emission rates of particu-
late matter for heat inputs equal to or greater than 4000 million
BTU per hour shall be determined by using the equation
Y = 17.0 X •°-568 where Y = allowable rate of emission in pounds
per million BTU and X = maximum heat input in millions of BTU
per hour.
c. No person shall cause or permit the emission of sulfur dioxide
from any fuel -burning equipment in excess of the quantity set
forth in the following table:
Heat input, millions Maximum allowable rate of
of British thermal emission of sulfur dioxide,
units per hour _ pounds per hour _
1,000 150
5,000 750
10,000 1,500
15,000 2,250
20,000 3,000
25,000 3,750
30,000 4,500
35,000 5,250
40,000 6,000
45,000 6,750
50,000 7,500
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d. Maximum allowable emission rate of sulfur dioxide shall be deter-
mined by using the equation Z = 0.15 X where Z = allowable rate
of sulfur dioxide emission in pounds per hour and X = maximum
heat input in millions of BTU per hour.
(2.0) SECTION 27. PROVISIONS OF REGULATIONS SEVERABLE
If any provision of these Regulations or the application thereof to any
person or circumstances is held invalid or unconstitutional, such inval-
idity or unconstitutionality shall not affect the other provisions or
applications of these Regulations which can be given effect without the
invalid provision of application, and to this end the provisions of
these Regulations are declared to be severable.
(2.0) SECTION 28. CIRCUMVENTION
A person shall not build, erect, install, or use any article, machine,
equipment or other contrivance, the use of which, without resulting in
a reduction in the total release of air contaminants to the atmosphere,
reduces or conceals an emission which would otherwise constitute a
violation of these Regulations. This section will not apply to cases
in which the only violation involved in the Section 40.140 of the Nevada
Revised Statutes or of Section 15 of these Regulations.
(4.0) SECTION 29. ODORS IN THE AMBIENT AIR
An odor occurrence shall be deemed a violation when a complaint is received
and substantiated within two hours by the Control Officer. The Control
Officer shall deem the odor occurrence a violation if he is able to make
two odor measurements within a period of one hour, these measurements
being separated by at least 15 minutes. An odor measurement shall con-
sist of a detectable odor after the odorous air has been diluted with
two or more volumes of odor-free air.
(51.11) SECTION 30. RESTRICTION OF EMISSION OF SULFUR FROM PRIMARY NON-FERROUS SMELTERS
Persons shall not cause, suffer, allow, or permit the emission of sulfur
from any stack or chimney into the outdoor atmosphere in excess of the
allowable emission shown in the table below.
The maximum allowable weight discharged per hour will be determined by
use of the following equations:
Copper smelters Y = 0.1X
Zinc smelters Y = 0.282X0'85
Lead smelters Y = 0.49X0'77
Y = Allowable sulfur emission, Ib./hr.
X = Total feed sulfur, Ib./hr.
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For the purposes hereof, total feed sulfur shall be calculated as the
aggregate sulfur content of all fuels and other feed materials whose
products of combustion and gaseous by-products are emitted to the
atmosphere. When furnaces, sinter machines, sinter boxes, roasters,
converters or other similar devices for converting ores, concentrates,
residues or slag to the metal or the oxide of the metal either wholly
or in part, are released to the atmosphere the combined sulfur input
of all units shall be used to determine the allowable emission to the
atmosphere.
TABLE
Total feed sulfur Allowable Sulfur Emissions - Lb./Hr.
Ib/hr Cu. Zn. Pb.
1,000 100 100 100
5,000 500 394 348
10,000 1,000 704 593
20,000 2,000 1,270 1,000
40,000 4,000 2,310 1,000
60,000 6,000 3,210 1,000
80,000 8,000 4,120 1,000
100,000 10,000 5,000 1,000
(50.2) SECTION 31. SULFUR CONTENTS OF COMMERCIAL FUEL OIL
1. It is unlawful for any person to store, offer for sale, burn, or cause
to be burned, within Clark County at any time, any commercial fuel oil
having a sulfur content in excess of 1.0 percent by weight.
2. The provisions of this section shall not apply to the use of liquid
fuel whenever the supply of gaseous fuel is not physically available
to the user due to accident, act of God, act of war, or act of public
enemy.
(50.4) SECTION 32. EVAPORATION AND LEAKAGE
Materials such as, but not limited to, solvent, or other volatile com-
pounds such as paints, acids, alkalies, pesticides, fertilizer, and manure
shall be processed, stored, used and transported in such a manner and by
such means that they will not evaporate, leak, escape or be otherwise
discharged into the ambient air so as to cause or contribute to air pollu-
tion; and where control methods are available to reduce effectively the
contribution to air pollution from evaporation, leakage, or discharge as
determined by the Control Officer, the installation and use of such con-
trol methods, devices or equipment shall be mandatory.
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(51.21) SECTION 33. REDUCTION OF ANIMAL MATTER
1. The operation of any article, machine, equipment or other contri-
vance for the reduction of animal matter is prohibited unless all
gases, vapors and gas-entrained effluents are:
a. Incinerated at temperatures of not less than 1400° F. for not
less than 0.3 seconds; or
b. Processed in a manner determined by the Control Officer to be
equally efficient.
2. This regulation does not apply to any article, machine, equipment
or other contrivance used exclusively for the processing of food
for human consumption.
(51.16) SECTION 34. GASOLINE LOADING INTO TANK TRUCKS AND TRAILERS
1. A person shall not load gasoline into any tank truck or trailer from
any loading facility unless such loading facility is equipped with a
vapor collection and disposal system or its equivalent, properly
installed, in good working order and in operation.
2. When loading is effected through the hatches of a tank truck or trailer
with a loading arm equipped with a vapor collecting adaptor, a
pneumatic, hydraulic or other machanical means shall be provided to
force a vapor-tight seal between the adaptor and the hatch. A means
shall be provided to prevent liquid gasoline drainage from the loading
device when it is removed from the hatch of any tank truck or trailer,
or to accomplish complete drainage before such removal.
3. When loading is effected through means other than hatches, all loading
and vapor lines shall be equipped with fittings which make vapor-
tight connections and which close automatically when disconnected.
4. The vapor disposal portion of the system shall consist of one of the
following:
a. A vapor-liquid absorber system with a minimum recovery efficiency
of 90 percent by weight of all the hydrocarbon vapors and gases
entering such disposal system.
b. A variable vapor space tank, compressor, and fuel gas system of
sufficient capacity to receive all hydrocarbon vapors and gases
displaced from the tank trucks and trailers being loaded.
c. Other equipment of at least 90 percent efficiency, provided such
equipment is submitted to and approved by the Air Pollution Control
Officer.
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5. This section shall not apply to the loading of gasoline into tank
trucks and trailers from any loading facility from which not more
than 20,000 gallons of gasoline are loaded in any one day.
6. For the purpose of this section, any petroleum distillate having a
Reid vapor pressure of four pounds or greater shall be included by
the term "gasoline."
(6.0) SECTION 35. COMPLIANCE SCHEDULES
1. Any existing source not in compliance with emission limitations" here-
inafter adopted, or which is not operating under a compliance schedule
approved by the Hearing Board shall submit a compliance schedule to
the Control Officer for review no later than 90 days after adoption
of such emission limitations.
2. The Hearing Board shall hold a public hearing on each compliance
schedule within 60 days after submission of such schedule to the
Control Officer.
3. The Hearing Board may approve, disapprove, alter, or change all or
any part of a compliance schedule, or may impose its own schedule
upon the source involved.
4. Compliance schedules shall contain as a minimum:
a. Appropriate increments of progress.
b. Final date of compliance with the appropriate emission limitations.
(4.0) SECTION 36. AMBIENT AIR QUALITY STANDARDS
1. The following concentrations of air contaminants shall not be exceeded
at any single point in the ambient air:
a. Sulfur oxides as sulfur dioxide:
Annual arithmetic mean 60 ug/M3 (0.02 ppm)
Maximum 24 hr. concentration 260 ug/MJ (0.1 ppm)
Maximum 3 hr. concentration 1300 ug/M3 (0.5 ppm)
b. Suspended particulate matter:
Annual geometric mean 60 ug/M
Maximum 24 hr. concentration 150 ug/M-*
c. Carbon monoxide:
Maximum 3 hr. concentration 10 mg/M3 (9.0 ppm)
Maximum 1 hr. concentration 40 mg/M3 (35.0 ppm)
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d. Photochemical oxidant:
Maximum 1 hr. concentration 160 ug/M (0.08 ppm)
e. Non-methane hydrocarbons:
Maximum 1 hr. concentration 160 ug/M (0.24 ppm)
f. Nitrogen dioxide:
Annual arithmetic mean 100 ug/M (0.05 ppm)
2. ug/M means micrograms of air contaminant per cubic meter of air.
mg/M means milligrams of air contaminant per cubic meter of air.
ppm means parts of air contaminant by volume per million parts of
air by volume.
3. The methods of measurement, shall be those prescribed in Appendices A
through F, inclusive, of § 410 of Chapter IV, Title 42, Code of
Federal Regulation, published in the Federal Register on April 30,
1971. These may change from time to time.
4. Adoption of these Ambient Air Quality Standards shall not be con-
sidered in any manner to allow significant deterioration of existing
air quality in any portion of Clark County.
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FEDERALLY PROMULGATED
REGULATIONS
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(14.0) 52.1473 Public Availability of Emission Data
For State Regulations and Washoe County, not needed for Clark County
(b) Regulation for public availability of emission data.
1. Any person who cannot obtain emission data from the Agency
responsible for making emission data available to the public,
as specified in the applicable plan, concerning emissions
from any source subject to emission limitations which are
part of the approved plan may request that the appropriate
Regional Administrator obtain and make public such data.
Within 30 days after receipt of any such written request,
the Regional Administrator shall require the owner or operator
of any such source to submit information within 30 days on
the nature and amounts of emission from such source and any
other information as may be deemed necessary by the Regional
Administrator to determine whether such source in in compli-
ance with applicable emission limitations - or other control
measures that are part of the applicable plan.
2. Commencing after the initial notification by the Regional
Administrator pursuant to paragraph (b) (1) of this section,
the owner or operator of the source shall maintain records of
the nature and amounts of emissions from such source and any
other information as may be deemed necessary by the Regional
Administrator to determine whether such source is in compli-
ance with applicable emission limitations or other control
measures that are part of the plan. The information recorded
shall be summarized and reported to the Regional Administra-
tor, on forms furnished by the Regional Administrator, and
shall be submitted within 45 days after the end of the report-
ing period. Reporting periods are January 1 - June 30 and
July 1 - December 31.
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(50.2) 52.1475 Control strategy and regulations: Sulfur oxides.
(c) Regulation for control of fugitive sulfur oxides emissions
(Nevada Intrastate Region).
(1) The owner or operator of the Kennecott Copper Company smelter
located in White Pine County, Nevada, in the Nevada Intrastate
Region shall utilize best engineering techniques for reducing
escape of pollutants to the atmosphere and to capture sulfur
oxides emissions and vent them through a stack or stacks.
Such techniques shall include, but not be limited to:
(i) Installing and operating hoods on all active matte
tapholes, matte launders, slag skim bays, slag handling
operations, and holding ladles on each reverberatory
furnace;
(ii) Installing tight fitting hoods on each active converter
and operating such hoods except during pouring and
charging operations;
(iii) Maintaining all ducts, flues, and stacks in a leak-free
condition;
(iv) Maintaining all reverberatory furnaces and converters
under normal operating conditions in such a fashion
that out-leakage of gases will be prevented to the
maximum extent possible;
(v) Wherever feasible, ducting emissions through the tallest
stack or stacks serving the facility; and
(vi) Wherever feasible, passing the effluents from all hood-
ing through the tallest stack or stacks serving the
facility.
(2) (i) If the owner or operator of the smelter subject to this
paragraph is not in compliance with the provisions of
subparagraph (c) (1) of the section the following com-
pliance schedule shall apply:
(a) 30 days after the effective date of this regula-
tion. Let contracts or issue purchase orders for
hoods and flues for control of fugitive sulfur
oxides emissions or provide evidence that such
contracts have been let.
(b) July 1, 1975. Initiate on-site construction and/or
installation of emission control equipment.
(c) July 1, 1976. Complete on-site construction and/or
installation of emission control equipment.
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(d) January 1, 1977. Achieve final compliance with
requirements of subparagraph (c) (1) of this
section.
(ii) The owner or operator of the smelter subject to the
requirements of this subparagraph shall certify to
the Administrator within five days after the deadline
for each increment of progress, whether or not the
required increment of progress has been met.
(iii) If the source subject to this paragraph is presently in
compliance with the requirements of subparagraph (c) (1)
of this section, the owner or operator of such source
may certify such compliance to the Administrator within
thirty (30) days of the effective date of this para-
graph. If such certification is acceptable to the
Administrator, the applicable requirements of this sub-
paragraph shall not apply to the certifying source.
The Administrator may request whatever supporting
information he considers necessary to determine the
validity of the certification.
(3) The owner or operator of the smelter subject to this paragraph
may submit to the Administrator, no later than thirty (30)
days after the effective date of this paragraph, a proposed
alternative compliance schedule. No such compliance schedule
may provide for final compliance after January 1, 1977. If
approved by the Administrator, such schedule shall satisfy the
compliance schedule requirements of this subparagraph for the
affected source.
(d) Regulation for control of sulfur dioxide emissions (Nevada Intrastate
Region).
(1) The owner or operator of the Kennecott Copper Company smelter
located in White Pine County, Nevada, in the Nevada Intrastate
Region shall comply with all the requirements of this para-
graph, except as provided in paragraph (e) of this section.
(2) (i) After July 31, 1977, the owner or operator of the
smelter subject to this paragraph shall not discharge
or cause the discharge of sulfur dioxide into the
atmosphere in excess of 10,150 pounds per hour (4,603
kg/hr.) maximum 6-hour average as determined by the
method specified in subparagraph (d) (4) of this
section.
(ii) The limitation specified in subparagraph (d) (2) (i)
of this section shall apply to the sum total of sulfur
dioxide emissions from the smelter processing units and
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sulfur oxides control and removal equipment, but not
including uncaptured fugitive emissions and those
emissions due solely to the use of fuel for space
heating or steam generation.
(3) (i) The owner or operator of the smelter to which this para-
graph is applicable shall, no later than 30 days follow-
ing the effective date of this paragraph, submit to
the Administrator for approval a proposed compliance
schedule that demonstrates compliance with subparagraph
(d) (2) of this section as expeditiously as practicable
but not later than July 31, 1977.
(ii) The compliance schedule submitted to the Administrator
pursuant to subparagraph (d) (3) (i) of this section
shall provide for increments of progress toward com-
pliance. The dates for achievement of such increments
of progress shall be specified. Increments of progress
shall include, but not be limited to, the following:
(a) Submittal of final control plan to the Administrator
for meeting the requirements of subparagraph (d) (2)
of this section.
(b) Letting of necessary contracts or progress changes,
or issuance of orders for the purchase of compo-
nent parts, to accomplish emission control or
process modification;
(c) Initiation of on-site construction or installation
of emission control equipment or process modifi-
cation;
(d) Completion of on-site construction or installation
of emission control equipment or process modifi-
cation;
(e) Full compliance with the requirements of subpara-
graph (d) (2) of this section.
(iii) The owner or operator of the smelter subject to the
requirements of this subparagraph shall certify to the
Administrator within five days after the deadline for
each increment of progress, whether or not the required
increment of progress has been met.
(iv) Notice must be given to the Administrator at least 10
days prior to conducting a performance test to afford
him the opportunity to have an observer present.
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(v) If the source subject to this paragraph is currently
in compliance with the requirement of subparagraph
(d) (2) of this section, the owner or operator of such
source may certify such compliance to the Administrator
within thirty (30) days of the effective date of this
paragraph. If such certification is acceptable to the
Administrator, the applicable requirements of this
subparagraph (d) (3) of this section shall not apply
to the certifying source. The Administrator may
request whatever supporting information he considers
necessary to determine the validity of the certifica-
tion.
(4) (i) The owner or operator of the smelter to which this para-
graph is applicable shall install, calibrate, maintain,
and operate a measurement system(s) for continuously
monitoring sulfur dioxide emissions and stack gas
volumetric flow rates in each stack which emits 5
percent or more of the total potential (without emission
controls) hourly sulfur oxides emissions from the
source. For the purpose of this paragraph, "continuous
monitoring" means the taking and recording of at least
one measurement of sulfur dioxide concentration and
stack gas flow rate reading from the effluent of each
affected stack in each 15-minute period.
(ii) Within nine months after the effective date.of this para-
graph, and at other such times in the future as the
Administrator may specify, the sulfur dioxide concen-
tration measurement system(s) installed and used pur-
suant to this paragraph shall be demonstrated to meet
the measurement system performance specifications pre-
scribed in Appendix D to this Part.
(iii) Within nine months after the effective date of this para-
graph, and at other such times in the future as the
Administrator may specify, the stack gas volumetric flow
rate measurement system(s) installed and used pursuant
to this paragraph shall be demonstrated to meet the
measurement system performance specifications prescribed
in Appendix E to this Part.
(iv) The Administrator shall be notified at least ten (10)
days in advance of the start of the field test period
required in Appendices D and E to this Part to afford
the Administrator the opportunity to have an observer
present.
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(v) The sampling point for monitoring emissions shall be
in the duct at the centroid of the cross section if
the cross sectional area is less than 4.647 m2 (50
ft.2) or at a point no closer to the wall than 0.914 m
(3 ft.) if the cross sectional area is 4.647 m2 (50
ft.2) or more. The monitor sample point shall be in
an area of small spatial concentration gradient and
shall be representative of the concentration in the
duct.
(vi) The measurement system(s) installed and used pursuant
to this section shall be subjected to the manufac-
turer's recommended zero adjustment and calibration
procedures at least once per 24-hour operating period
unless the manufacturer specifies or recommends cali-
bration at shorter intervals, in which case such speci-
fications or recommendations shall be followed. Records
of these procedures shall be made which clearly show
instrument readings before and after zero adjustment
and calibration.
(vii) Six-hour average sulfur dioxide emission rates shall be
calculated in accordance with subparagraph (d) (5) of
this section, and recorded daily.
(viii) The owner or operator of the smelter subject to this .
paragraph shall maintain a record of all measurements
required by this paragraph. Measurement results shall
be expressed as pounds of sulfur dioxide emitted per
six hour period. A 6-hour average value calculated pur-
suant to subparagraph (d) (5) (i) of this section shall
be reported as of each hour for the preceding 6-hour
period. Results shall be summarized monthly and shall
be submitted to the Administrator within fifteen (15)
days after the end of each month. A record of such
measurements shall be retained for at least two years
following the date of such measurements.
(ix) The continuous monitoring and recordkeeping require-
ments of this subparagraph shall become applicable
nine months after the effective date of this regulation.
(5) (i) Compliance with the requirements of subparagraph (d) (2)
of this section shall be determined using the continuous
measurement system(s) installed, calibrated, maintained
and operated in accordance with the requirements of
subparagraph (d) (4) of this section. For all stacks
equipped with the measurement system(s) required by
subparagraph (d) (4) of this section, a 6-hour average
sulfur dioxide emission rate shall be calculated as of
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the end of each clock hour, for the preceding six
hours, in the following manner:
(a) Divide each 6-hour period into 24 IS^minute
segments.
(b) Determine on a compatible basis a sulfur dioxide
concentration and stack gas flow rate measurement
for each 15-minute period for each affected stack.
These measurements may be obtained either by con-
tinuous integration of sulfur dioxide concentration
and stack gas flow rate measurements (from the
respective affected facilities) recorded during the
15-minute period. In the later case, the same
number of concentration readings shall be taken
in each 15-minute period and the readings shall
be similarly spaced within each 15-minute period.
(c) Calculate the arithmetic average (Ibs SOWhr) from
all 24 emission rate measurements in each 6-hour
period for each stack.
(d) Total the average sulfur dioxide emission rates
for all affected stacks.
(ii) Notwithstanding the requirements of subparagraph (5) (i)
of this paragraph, compliance with the requirements of
subparagraph (d) (2) of this section shall also be deter^
mined by using the methods described below at such times
as may be specified by the Administrator. For all
stacks equipped with the measurement system(s) required
by subparagraph (d) (4) of this section, a 6-hour aver-
age sulfur dioxide emission rate (Ibs S02/hr) shall be
determined as follows:
(a) The test of each stack emission rate shall be con-?
ducted while the processing units vented through
such stack are operating at or above the maximum
rate at which they will be operated and under such
other conditions as the Administrator may specify.
(b) Concentrations of sulfur dioxide in emissions shall
be determined by using Method 8 as described in
Part 60 of this chapter. The analytical and compu-
tational portions of Method 8 as they relate to
determination of sulfuric acid mist and sulfur
trioxide as well as isokinetic sampling may be
omitted from the over-all test procedure.
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(c) Three independent sets of measurements of sulfur
dioxide concentrations and stack gas volumetric
flow rates shall be conducted during three 6-hour
periods for each stack. Each 6-hour period will
consist of three consecutive 2-hour periods.
Measurements of emissions from all stacks on the
smelter premises need not be conducted simultan-
eously. All tests must be completed within a
72-hour period.
(d) In using Method 8, traversing shall be conducted
according to Method 1 as described in Part 60 of
this chapter. The minimum sampling volume for
each two hour test shall be 40 ft2 corrected to
standard conditions, dry basis.
(e) The volumetric flow rate of the total effluent from
each stack evaluated shall be determined by using
Method 2 as described in Part 60 of this chapter
and by traversing according to Method 1. Gas
analysis shall be performed by using the inte-
grated sample technique of Method 3 as described
in Part 69 of this chapter. Moisture content shall
be determined by use of Method 4 as described in
Part 60 of this chapter except that stack gases
arising only from a sulfuric acid production unit
may be considered to have zero moisture content.
(f) The gas sample shall be extracted at a rate propor-
tional to the gas velocity at the sampling point.
(g) For each two hour test period, the sulfur dioxide
emission rate for each stack shall be determined
by multiplying the stack gas volumetric flow rate
(ft3/hr at standard conditions, dry basis) by the
sulfur dioxide concentration (lb/ft3 at standard
conditions, dry basis). The emission rate in
Ibs/hr-maximum 6-hour average for each stack is
determined by calculating the arithmetic average
of the results of the three 2-hour tests.
(h) The sum total of sulfur dioxide emissions from the
smelter premises in Ibs/hr is determined by adding
together the emission rates (Ibs/hr) from all
stacks equipped with the measurement system(s)
required by subparagraph (d) (4) of this section.
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(e) Alternate regulation for control of sulfur dioxide emissions (Nevada
Intrastate Region)^
(1) The owner or operator of the Kennecott Copper Company smelter
located in White Pine County, Nevada, in the Nevada Intrastate
Air Quality Control Region may apply to the Administrator for
approval to meet the requirements of this paragraph. Upon such
approval, granted pursuant to subparagraph (e) C3) of this
section, the requirements of paragraph (d) shall not be appli-
cable during the period of such approval, and all requirements
of this paragraph shall apply.
(2) All terms used in this paragraph but not specifically defined
below shall have the meaning given them in the Act, Part 51 or
§ 52.01 of this chapter.
(i) The term "supplementary control system" means any system
which limits the amount of pollutant emissions during
periods when meteorological conditions conducive to
ground-level concentrations in excess of national stand-
ards exist or are anticipated.
(ii) The term "ambient air quality violation" means any
single ambip •+. concentration of sulfur dioxide that
exceeds any ^tional Ambient Air Quality Standard for
sulfur dioxide at any point in a designated liability
area, as specified in subparagraph (c) (8) of this
section.
(iii) The term "isolated source" means a source that will
assume legal responsibility for all violations of the
applicable national standards in its designated liability
area, as specified in subparagraph (e) (8) of this
section.
(iv) The term "designated liability area" means the geo-
graphic area within which emissions from a source may
significantly affect the ambient air quality.
(3) (i) The application for permission to comply with this para-
graph shall be submitted to the Administrator no later
than sixty (60) days following the effective date of
this paragraph and shall include the following:
(a) A short description of the type and location of
the smelter; the process, equipment, raw materials
and fuels used; the stacks employed; and emissions
to the atmosphere from various points on the smelter
premises.
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(b) A general description and the location of other
sources of air pollution and of the uses of land,
and the topography in the vicinity of the smelter.
(c) A summary of all ambient air quality data in the
vicinity of the smelter collected by or under
contract to smelter.
(d) A description of the methods of constant emission
reduction that are or will be applied and the degree
of emission reduction achieved or expected due to
their application.
(e) A description of the investigations that the owner
or operator has made, and the results thereof, as
to the availability of constant emission reduction
methods that would meet the requirements of para-
graph (d) (2) of this section and a discussion of
the reasons why any potentially available methods
cannot reasonably be used.
(f) A specific description of the research, investiga-
tions, or demonstrations that the owner or operator
will conduct or support for the purpose of develop-
ing constant emission reduction technology appli-
cable to the smelter. Such description shall
include the resources to be committed, qualifica-
tions of the participants, a description of the
facilities to be utilized and milestone dates.
(g) A detailed description of all other measures the
owner or operator will apply, in addition to those
described in (d), to provide for attainment and
maintenance of the air quality standards. These
measures include but need not be limited to supple-
mentary control systems, tall stacks and other
dispersion techniques.
Each measure to be applied shall be described in
sufficient detail to allow the Administrator to
determine its effectiveness in reducing ambient
concentrations.
(h) A written commitment by the owner or operator of
the source subject to this paragraph agreeing to
assume liability for all violations of National
Ambient Air Quality Standards within the designated
liability area.
(i) Such other pertinent information as the Administra-
tor may require.
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(ii) Upon receipt of the information specified in subpara-
graph (e) (3) (i) of this section, and after making a
determination of its adequacy, the Administrator
promptly shall, after thirty (30) days notice, conduct
a public hearing on the application submitted by the
owner or operator. The Administrator shall make avail-
able to the public the information contained in the
application. Within thirty (30) days after the hearing,
the Administrator shall notify the owner or operator
of the smelter and other interested parties of his deci-
sion as to whether to grant or deny the application.
If he denies the application, he will set forth his
reasons. If he approves the application the owner or
operator shall comply with all provisions of paragraph
(e) of this section and need not comply with provisions
of paragraph (d) of this section except as provided in
subparagraph (e) (16) of this section.
(iii) Approval of the application to abide by the provisions
of paragraph (e) will be granted if it can be satis-
factorily demonstrated to the Administrator that control
measures in addition to the available constant emission
controls are required and if the specific measures sub-
mitted pursuant to subparagraph (e) (3) (i) (g) of this
section will provide for the attainment and maintenance
of the National Ambient Air Quality Standards.
(4) (i) The owner or operator of the smelter subject to this
paragraph shall not discharge or cause the discharge
of sulfur dioxide into the atmosphere in excess of:
(a) 2,600 parts per million-maximum 6-hour average,
from any single absorption sulfuric acid producing
facility designed for the removal of sulfur dioxide,
as determined by the method specified in subpara-
graph (e) (6) (i) or (iii) of this section, and-
(b) 29,000 pounds per hour (13,154 kg/hr) maximum 6-
hour average, as determined by the method specified
in subparagraph (e) (6) (ii) or (iv) of this
section. Such limitation shall apply to the sum
total of sulfur dioxide emissions from the smelter
processing units and sulfur oxides control and
removal equipment but not including uncaptured
fugitive emissions and those emissions due solely
to use of fuel for space heating or steam genera-
tion.
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(ii) All emissions from the converters, with the exception
of the uncaptured fugitive emissions, shall be pro-
cessed through a facility for the removal of sulfur
dioxide which meets the requirements of subparagraph
(e) (4) (i) (a) of this section.
(5) (i) The owner or operator of the smelter to which this
paragraph is applicable shall install, calibrate, main-
tain and operate a measurement system(s) for continu-
ously monitoring sulfur dioxide emissions and stack gas
volumetric flow rates in each stack which emits 5 per-
cent or more of the total potential (without emission
controls) hourly sulfur oxides emissions from the
source. For the purpose of this paragraph, "continuous
monitoring" means the taking and recording of at least
one measurement of sulfur dioxide concentration and
stack gas flow rate reading from the effluent of each
affected stack in each 15-minute period.
(ii) No later than the date specified in subparagraph
(e) (14) (i) (b) (5) of this section at at such other
times in the future as the Administrator may reasonably
specify, the sulfur dioxide concentration measurement
system(s) installed and used pursuant to this paragraph
shall be demonstrated to meet the measurement system
performance specifications prescribed in Appendix D to
this Part.
(iii) No later than the date specified in subparagraph
(e) (14) (i) (b) (5) of this section and at such other
times in the future as the Administrator may reasonably
specify, the stack gas volumetric flow rate measurement
system(s) installed and used pursuant to this paragraph
shall be demonstrated to meet the measurement system
performance specifications prescribed in Appendix E to
this Part. -
(iv) The Administrator shall be notified at least 10 days
in advance of the start of the field test period re-
quired in Appendices D and E to this Part to afford the
Administrator the opportunity to have an observer present.
(v) The sampling point for monitoring emissions shall be in
the duct at the centroid of the cross section if the
cross sectional area is less than 4.647 m2 (50 ft?) or
at a point no closer to the wall than 0.914 m (3 ft)
if the cross sectional area is 4.647 m2 (50 ft2) or
more. The monitor sample point shall be an area of
small spatial concentration gradient and shall be repre-
sentative of the concentration in the duct.
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(vi) The measurement system(s) installed and used pursuant
to this section shall be subjected to the manufacturer's
recommended zero adjustment and calibration procedures
at least once per 24-hour operating period unless the
manufacturer specifies or recommends calibration at
shorter intervals, in which case such specifications
or recommendations shall be followed. Records of these
procedures shall be made which clearly show instrument
readings before and after zero adjustment and calibra-
tion.
(vii) Six-hour average sulfur dioxide concentration and
emission rates shall be calculated in accordance with
subparagraph (6) of this paragraph, and recorded daily.
(viii) The owner or operator of the smelter subject to this
paragraph shall maintain a record of all measurements
required by this subparagraph. Measurement results
shall be expressed in the units prescribed by the
emission limitations in subparagraph (e) (4) of this
section. Six-hour average values calculated pursuant
to subparagraph (e) (6) (i) and (ii) of this section
shall be reported as of each hour for the preceding
six hours. The results shall be summarized monthly
and shall be submitted to the Administrator within
fifteen (15) days of the end of each month. A record
of such measurements shall be retained for at least two
years following the date of such measurements.
(6) (i) Compliance with the requirements of subparagraph
(e) (4) (i) (a) of this section shall be determined
using the continuous measurements system(s) installed,
calibrated, maintained and operated in accordance with
the requirements of subparagraph (e) (5) of this section.
For the stack(s) equipped with the measurement system(s)
required by subparagraph (e) (5) of this section and
serving the sulfur dioxide removal device a 6-hour
average sulfur dioxide concentration shall be calculated
as of the end of each clock hour for the preceding six
hours, in the following manner:
(a) Divide each 6-hour period into twenty-four 15-
minute segments.
(b) Determine on a compatible basis a sulfur dioxide
concentration measurement for each 15-minute
period. These measurements may be obtained either
by continuous integration of all measurements
(from the respective affected facility) recorded
during the 15-minute period or from the arithmetic
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average of any number of sulfur dioxide concen-
tration readings equally spaced over the 15-minute
period. In the latter case, the same number of
concentration readings shall be taken in each 15-
minute period and the readings shall be similary
spaced within each 15-minute period.
(c) Calculate the arithmetic average of all 24 concen-
tration measurements in each 6-hour period.
(ii) Compliance with the requirements of subparagraph
(e) (4) (i) (b) of this section shall be determined
using the continuous measurement system(s) installed,
calibrated, maintained and operated in accordance with
the requirements of subparagraph (e) (5) of this section.
For all stacks equipped with the measurement system(s)
required by subparagraph (e) (5) of this section, a 6-
hour average sulfur dioxide emission rate shall be
calculated as of the end of each clock hour for the
preceding six hours, in the following manner:
(a) Divide each 6-hour period into twenty-four 15-
minute segments.
(b) Determine on a compatible basis a sulfur dioxide
concentration and stack gas flow rate measurement
for each 15-minute period for each affected stack.
These measurements may be obtained either by con-
tinuous integration of sulfur dioxide concentra-
tions and stack gas flow rate measurements (from
the respective affected facilities) recorded during
the 15-minute period or from the arithmetic average
of any number of sulfur dioxide concentration and
stack gas flow rate readings equally spaced over
the 15-minute period. In the latter case, the
same number of concentration readings shall be
taken in each 15-minute period and the readings
shall be similarly spaced within each 15-minute
period.
(c) Calculate the arithmetic average (Ibs S02/hr) of
all 24 emission rate measurements in each 6-hour
period for each stack.
(d) Total the average sulfur dioxide emission rates
for all affected stacks.
(iii) Notwithstanding the requirements of subparagraph
(e) (6) (i) of this section, compliance with the require-
ments of subparagraph (e) (4) (i) (a) of this section
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shall also be determined by using the methods described
below at such times as may be specified by the Adminis-
trator. For each stack serving any process designed
for the removal of sulfur dioxide a 6-hour average
sulfur dioxide concentration shall be determined as
fol1ows:
(a) The test of each stack emission concentration shall
be conducted while the processing units vented
through such stack are operating at or above the
maximum rate at which such will be operated and
under such other conditions as the Administrator
may specify.
(b) Concentrations of sulfur dioxide in emissions shall
be determined by using Method 8 as described in
Part 60 of this chapter. The analytical and com-
putational portions of Method 8 as they relate to
determination of sulfuric acid mist and sulfur
trioxide as well as isokinetic sampling may be
omitted from the over-all test procedure.
(c) Three independent sets of measurements of sulfur
dioxide concentration shall be conducted during
three 6-hour periods of each stack. Each 6-hour
period will consist of three consecutive 2-hour
periods. Measurements of emissions from all stacks
on the smelter premises need not be conducted simul-
taneously. All tests must be completed within a
72-hour period.
(d) In using Method 8, traversing shall be conducted
according to Method 1 as described in Part 60 of
this chapter. The minimum sampling volume for each
two hour test shall be 40 ft 3 corrected to standard
conditions, dry basis.
(e) The velocity of the total effluent from each stack
evaluated shall be determined by using Method 2
as described in Part 60 of this chapter and travers-
ing according to Method 1. Gas analysis shall be
performed by using the integrated sample technique
of Method 3 as described in Part 60 of this chapter.
Moisture content can be considered to be zero.
(f) The gas sample shall be extracted at a rate pro-
portional to gas velocity at the sampling point.
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(g) The sulfur dioxide concentration in parts per
million-maximum 6-hour average for each stack
is determined by calculating the arithmetic
average of the results of the three 2-hour tests.
(iv) Notwithstanding the requirements of subparagraph
(e) (6) (ii) of this section, compliance with the
requirements of subparagraph (e) (4) (i)-(b) of this
section shall also be determined by using the methods
described below at such times as may be specified by
the Administrator. For all stacks equipped with the
measurement system(s) required by subparagraph (e) (5)
of this section, a 6-hour average sulfur dioxide
emission rate (Ibs S02/hr) shall be determined as
follows:
(a) The test of each stack emission rate shall be
conducted while the processing units vented through
such stack are operating at or above the maximum
rate at which they will be operated and under such
other conditions as the Administrator shall specify.
(b) Concentrations of sulfur dioxide in emissions shall
be determined by using Method 8 as described in
Part 60 of this chapter. The analytical, and com-
putational portions of Method 8 as they relate to
determination of sulfuric acid mist and sulfur
trioxide as well as isokinetic sampling may be
omitted from the over-all test procedure.
(c) Three independent sets of measurements of sulfur
dioxide concentrations and stack gas volumetric
flow rates shall be conducted during three consecu-
tive 2-hour periods for each stack. Measurements
need not necessarily be conducted simultaneously
of emissions from all stacks on the smelter prem-
ises.
(d) In using Method 8, traversing shall be conducted
according to Method 1 as described in Part 60 of
this chapter. The minimum sampling volume for
each 2-hour test shall be 40 ft3 corrected to
standard conditions, dry basis.
(e) The volumetric flow rate of the total effluent from
each stack evaluated shall be determined by using
Method 2 as described in Part 60 of this chapter
and by traversing according to Method 1. Gas analy-
sis shall be performed by using the integrated
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sample technique of Method 3 as described in
Part 60 of. this chapter. Moisture content shall
be determined by use of Method 4 as described in
Part 60 of this chapter except that stack gases
arising only from a sulfuric acid production unit
may be considered to have zero moisture content,
(f) The gas sample shall be extracted at a rate pro-
portional to the gas velocity at the sampling
point.
(g) For each 2-hour test period, the sulfur dioxide
emission rate for each stack shall be determined
by multiplying the stack gas volumetric flow rate
(ft3/hr at standard conditions, dry basis) by the
sulfur dioxide concentration (Ib/ft3 at standard
conditions, dry basis). The emission rate in
Ibs/hr-maximum 6-hour average for each stack is
determined by calculating the arithmetic average
of the results of the three 2-hour tests.
(h) The sum total of sulfur dioxide emissions from the
smelter premises in Ibs/hr is determined by adding
together the emission rates (Ibs/hr) from all
stacks equipped with the measurement system(s)
required by subparagraph (5) of this paragraph.
(7) The owner or operator of the smelter subject to this paragraph,
in addition to meeting the emission limitation requirements of
subparagraph (e) (4) of this section, shall employ supplementary
control systems and/or such additional control measures as may
be necessary to assure the attainment and maintenance of the
National Ambient Air Quality Standards for sulfur dioxide.
(i) Such measures will be limited to those specified in the
application submitted pursuant to subparagraph (e) (3)
(i) (g) of this section.
(ii) Sulfur oxides emissions shall be curtailed whenever the
potential for violating any National Ambient Air
Quality Standard for sulfur dioxide is indicated at
any point in a designated liability area by either of
the following:
(a) Air quality measurement.
(b) Air quality prediction.
(8) (i) For the purpose of this paragraph the designated lia-
bility area shall be a circle with a radius of fifteen
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(15) statute miles (24 km) with the center point of
such circle coinciding with the tallest stack serving
the affected facility. The owner or operator of the
smelter subject to this paragraph may submit a detailed
report which justifies redefining the designated lia-
bility area specified by the Administrator. Such a
justification shall be submitted with the application
submitted pursuant to subparagraph (e) (3) (i) of this
section and shall describe and delineate the requested
designated liability area and discuss in detail the
method used and the factors taken into account in the
development of such area. Upon receipt and evaluation
of such report, and after the public hearing described
in subparagraph (e) (3) (ii) of this section, the
Administrator shall issue his final determination.
(ii) If new information becomes available which demonstrates
that the designated liability area should be redefined,
the Administrator shall consider such and if appro-
priate, after notice and comment, redefine the desig-
nated liability area.
(9) (i) The owner or operator of the smelter subject to the
paragraph shall submit with the application submitted
pursuant to subparagraph (e) (3) (i) of this section,
a detailed plan for the establishment of a supple-
mentary control system and/or such other measures as
may be proposed. Such plan shall describe all air
quality and emission monitoring and meteorological
equipment to be used, including instruments installed
pursuant to subparagraph (5) of this paragraph for
continuously monitoring and recording sulfur dioxide
emission rates to be achieved in association with
various meteorological.and air quality situations, and
the general plan of investigations to be followed in
developing the system and the operational manual.
(ii) Such plan shall include detailed specifications of
any modifications to existing equipment including
new stacks, stack extensions, stack heating systems
or any process changes to be applied.
(iii) The monitoring described in the detailed plan submitted
in accordance with this subparagraph and the appro-
priate recordkeeping requirements of subparagraph
(e) (12) of this section shall commence and become
applicable as of the date specified in subparagraph
(e) (14) (i) (b) (5) of this section.
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(10) The owner or operator of the smelter subject to this paragraph
shall submit to the Administrator a comprehensive report of a
study which demonstrates the capability of the supplementary
control system, in conjunction with any other control measures,
to reduce air pollution levels. The report shall describe a
study conducted during a period of at least 120 days during
which the supplementary control system was being developed
and operated and shall be submitted no later than the date
specified in subparagraph (e) (14) (i) (b) (6) of this section.
The report shall:
(i) Describe the emission monitoring system and the air
quality monitoring network.
(ii) Describe the meteorological sensing network and the
meteorological prediction program.
(iii) Identify the frequency, characteristics, times of
occurrence and durations of meteorological conditions
associated with high ground-level concentrations.
(iv) Describe the methodology (e.g., dispersion modeling and
measured air quality data) by which the source deter-
mines the degree of control needed under each meteoro-
logical situation.
(v) Describe the method chosen to vary the emission rate,
the basis for the choice, and the time required to effect
a sufficient reduction in the emission rate to avoid
violations of National Ambient Air Quality Standards.
(vi) Contain an estimate of the frequency that emission rate
reduction is required to prevent National Ambient Air
Quality Standards from.being exceeded and the basis for
the estimate.
(vii) Include data and results of objective reliability tests.
"Reliability," as the term is applied here, refers to
the ability of the supplementary control system to pro-
tect against violations of the National Ambient Air
Quality Standards.
(viii) Demonstrate that the supplementary control system and
other measures expected to be employed after the date
specified in subparagraph (e) (14) (i) (.b) (6) of this
section will result in attainment and maintenance of
National Ambient Air Quality Standards.
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(11) The owner or operator of the smelter subject to this paragraph
shall submit to the Administrator an operational manual for
the supplementary control system. Such manual shall be sub-
mitted no later than the date specified in subparagraph
(e) (14) (1) (b) (6) of this section and is subject to the
approval of the Administrator as satisfying the specific
requirements of this subparagraph. Such approval shall not
relieve the owner or operator of the smelter subject to this
paragraph from its assumed liability for violations of any
National Ambient Air Quality Standards for sulfur oxides in
the designated liability area. Prior to making his final
decision, the Administrator shall, after reasonable notice,
provide an opportunity of not less than forty-five (45) days
for public inspection and comment upon the manual. Such
manual shall:
(i) Specify the number, type, and location of ambient air
quality monitors, in-stack monitors and meteorological
instruments to be used.
(ii) Describe techniques, methods, and criteria to be used
to anticipate the onset of meteorological situations
associated with ground-level concentrations in excess
of National Ambient Air Quality Standards and to system-
atically evaluate and, as needed, improve the reliability
of the supplementary control system.
(iii) Describe the criteria and procedures that will be used
to determine the degree of emission control needed for
each class of meteorological and air quality situations.
(iv) Specify maximum emission rates which may prevail during
all probable meteorological and air quality situations,
which rates shall be such that National Ambient Air
Quality Standards will not be exceeded in the designated
liability area. Such emission rates shall be deter-
mined by in-stack monitors. Data from such monitors
shall be the basis for determining whether the emission
rate provisions of the approved operational manual are
adhered to.
(v) Describe specific actions that will be taken to curtail
emissions when various meteorological conditions des-
cribed in paragraph (e) (11) (ii) of this section exist
or are predicted and/or when specified air quality levels
occur.
(vi) Identify the company personnel responsible for initiating
and supervising the actions that will be taken to curtail
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emissions. Such personnel must be responsible,
knowledgeable and able to apprise the Administrator
of the status of the supplementary control system at
any time the source is operating.
(vii) Be modified only if approval by the Administrator is
first obtained.
(12) The owner or operator of the smelter subject to this paragraph
shall:
(i) Maintain, in a usable manner, records of all measure-
ments and reports prepared as part of the supplementary
control system described in the approved operational
manual. Such records shall be retained for at least
two years.
(ii) Submit, on a monthly basis, the hour by hour measure-
ments made of air quality, emissions and meteorological
parameters, and all other measurements made on a
periodic basis, as part of the approved supplementary
control system.
(iii) Submit a monthly summary indicating all places, dates,
and times when National Ambient Air Quality Standards
for sulfur oxides were exceeded and the concentrations
of sulfur dioxide at such times.
(iv) Notify the Administrator of any violation of National
Ambient Air Quality Standards within 24 hours of the
occurrence of such violation.
(v) Submit a monthly summary report describing and analyzing
how the supplementary control system was operated as
related to the approved operations manual and how the
system will be improved, if necessary, to prevent viola-
tions of the National Ambient Air Quality Standards for
sulfur oxides or to prevent any other conditions which
are not in accordance with the approved operational
manual.
(13) (i) The owner or operator of the smelter subject to this
paragraph shall participate in a research program to
develop and apply constant emission reduction technology
adequate to attain and maintain the national standards.
Such program shall be carried out in accordance with
the plan submitted pursuant to subparagraph (e) (3) (i)
(f) of this section.
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(ii) The owner or operator of the smelter subject to this
paragraph shall submit annual reports on the progress
of the research and development program required by
subparagraph (e) (13) (i) of this section. Each
report shall also include, but not be limited to, a
description of the projects underway, information on
the qualifications of the personnel involved, informa-
tion on the funds and personnel that have been com-
mitted, and an estimated date for the installation of
. the constant emission reduction technology necessary
to attain and maintain the National Ambient Air Quality
Standards.
(14) (i) The owner or operator of the smelter subject to this
paragraph shall comply with the compliance schedules
specified below.
(a) Compliance schedule for meeting the emission reduc-
tion requirements of subparagraph (e) (4) of this
section:
(1) No later than thirty (30) days after the date
of approval to meet the requirements of this
paragraph—submit a final plan and schedule
to the Administrator for meeting the require-
ments of subparagraph (4) of this paragraph.
(2) No later than thirty (30) days after the date
of approval to meet the requirements of this
paragraph—let contracts or issue purchase
order for emission control systems or process
modifications or provide evidence that such
contracts have been let.
(3) July 1, 1975. Initiate on-site construction
or installation of emission control equipment
or process change.
(4) July 1, 1965. Complete on-site construction
or installation of constant emission control
equipment or process change.
(5) January 1, 1977. Achieve final compliance
with the requirements of subparagraph (4) of
this paragraph.
(b) Compliance schedule for implementing a supplementary
control system or other measures which meet the
requirements of subparagraphs (e) (7), (9), (10),
and (11) of this section.
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(1) No later than sixty (.60) days after approval
to meet the requirements of this paragraph--
submit to the Administrator a detailed
schedule for establishment and implementa-
tion of the supplementary control system and
other measures in accordance with subparagraph
(e) (9) of this section.
(2) No later than ninety (90) days after approval
to meet the requirements of this paragraph-
let contracts or issue purchase orders, or
provide evidence that such contracts have
been let, for ambient air quality monitors,
meteorological instruments, and other compo-
nent parts necessary to establish a supple-
mentary control system.
(3) No later than ninety (90) days after approval
to meet the requirements of this paragraph-
let contracts or issue purchase orders, or
provide evidence that such contracts have
been let, for any stack extensions or modifi-
cations of equipment approved pursuant to
subparagraph (e) (3) of this section.
(4) November 1, 1975. Complete installation of
air quality and emission monitors and meteoro-
logical equipment.
(5) January 1, 1976. Complete installation of any
stack extensions or modifications of equipment
approved pursuant to subparagraph (3) of this
paragraph.
(6) May 1, 1976. Submit to the Administrator the
comprehensive report on the supplementary
control system required by subparagraph (e)
(10) of this section, and submit to the
Administrator for his approval the operational
manual required by subparagraph (e) (11) of
this section.
(7) January 1, 1977. The National Ambient Air
Quality Standards for sulfur dioxide shall
not be violated in the designated liability
area.
(ii) Any owner or operator subject to the requirements of
this subparagraph shall certify to the Administrator
within five (5) days after the deadline for each
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increment of progress whether or not the required
increment of progress has been met.
(iii) Notice must be given to the Administrator at least ten
(10) days prior to conducting a performance test to
afford him the opportunity to have an observer present.
(iv) If the source subject to this paragraph is presently
in compliance with any of the increments of progress
set forth in this subparagraph, the owner or operator
of such source shall certify such compliance to the
Administrator within thirty (30) days of the effective
date of this paragraph. The Administrator may request
whatever supporting information he considers necessary
to determine the validity of the certification.
(v) The owner or operator of the smelter subject to this
paragraph may submit to the Administrator proposed
alternative compliance schedules. Each such proposed
compliance schedule shall be submitted with the applica-
tion submitted pursuant to subparagraph (e) (3) (i) of
this section. No such compliance schedule may provide
for final compliance after January 1, 1977. If approved
by the Administrator, such schedule shall replace the
compliance schedule set forth in this subparagraph.
(vi) Any such compliance schedule submitted to the Adminis-
trator shall provide for increments of progress toward
compliance. The dates for achievement of such incre-
ments of progress shall be specified. Increments of
progress shall include, but not be limited to, the
increments specified in the appropriate compliance
shcedule set forth in subparagraphs (e) (14) (i) (a)
and (b) of this section.
(15) (i) The Administrator shall annually review the supplementary
control system and shall deny continued use of the sup-
plementary control system if he determines that:
(a) The review indicates that constant emission control
technology has become available or that other
factors which may bear on the conditions for use
of a supplementary control system have changed to
the extent that continued use of the supplementary
control system would no longer be deemed approvable
within the intent of subparagraph (e) (3) of this
section; or
(b) The source owner or operator has not demonstrated
good faith efforts to follow the stated program for
developing constant emission reduction procedures; or
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(c) The source owner or operator has not developed
and employed a control program that is effective
in preventing violations of National Ambient Air
Quality Standards.
(ii) Prior to denying the continued use of a supplementary
control system prusuant to subparagraph (e) (15) (i)
of this section, the Administrator shall notify the
owner or operator of the smelter subject to this para-
graph of his intent to deny such continued use, together
with:
(a) The information and findings on which such intended
denial is based.
(b) Notice of opportunity for such owner or operator
to present, within thirty (30) days, additional
information or arguments to the Administrator prior
to his final determination.
(iii) The Administrator shall notify the owner or operator of
the smelter subject to this paragraph of his final deter-
mination within thirty (30) days after the presentation
of additional information or arguments, or thirty (30)
days after the final date specified for such presenta-
tion if no presentation is made. If the continued use
of the supplementary control system is denied, the final
determination shall set forth the specific grounds for
such denial.
(16) Upon denial of the continued use of a supplementary control
system pursuant to subparagraph (e) (15) of this section all the
requirements of paragraph (d) of this section shall be immedi-
ately applicable to the owner or operator of the Kennecott
Copper Company smelter located in White Pine County, Nevada,
in the Nevada Intrastate Region and compliance therewith shall
be achieved in accordance with such schedule as the Administra-
tor shall order.
(17) The owner or operator of the smelter subject to this paragraph
shall be in violation of a requirement of an applicable imple-
mentation plan and subject to the penalties specified in Section
113 of the Clean Air Act if:
(i) an increment of the compliance schedules set forth in
subparagraph (14) is not met by the date specified; or
(ii) the total sulfur dioxide concentration determined
according to subparagraph (e) (6) (i) or (iii) of this
section exceeds the emission limitation set forth in
subparagraph (e) (4) (i) (a) of this section; or
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(iii) the total sulfur dioxide emission rate determined
according to subparagraph (e) (6) (ii) or (iv) of
this section exceeds the emission limitation set
forth in subparagraph (e) (4) (i) (b) of this section;
or
(iv) any National Ambient Air Quality Standards for sulfur
oxides are violated in the designated liability area;
or
(v) operations of the supplementary control system are not
conducted in accordance with the approved operational
manual; or
(vi) such owner or operator fails to submit any of the infor-
mation required by this paragraph.
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(10.0) 52.1478 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 term "associated parking area" means a parking facil-
ity or facilities owned and/or operated in conjunction
with an indirect source.
(iv) The term "aircraft operation" means an aircraft take-off
or landing.
(v) The phrase "to commence construction" means to engage in
a continuous program of on-site construction including
site clearance, grading, dredging, or land filling specif-
ically designed for an indirect source in preparation for
the fabrication, erection, or installation of the build-
ing components of the indirect source. For the purpose
of this paragraph, interruptions resulting from acts of
God, strikes, litigation, or other matters beyond the
control of the owner shall be disregarded in determining
whether a construction or modification program is contin-
uous.
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(vi) The phrase "to commence modification" means to engage in
a continuous program of on-site modification, including
site clearance, grading, dredging, or land filling in
preparation for specific modification of the indirect
source.
(vii) The term "highway section" means the development propo-
sal of a highway of substantial length between logical
termini (major crossroads, population centers, major
traffic generators, or similar major highway control ele-
ments) as normally included in a single location study or
multi-year highway improvement program as set forth in
23 CFR 770.201 (38 FR 31677).
(viii) The term "highway project" means all or a portion of a
highway section which would result in a specific con-
struction contract.
(ix) The term "Standard Metropolitan Statistical Area (SMSA)"
means such areas as designated by the U.S. Bureau of the
Budget in the following publication: "Standard Metro-
politan Statistical Area," issued in 1967, with subse-
quent amendments.
(2) The requirements of this paragraph are applicable to the follow-
ing:
(i) In an SMSA:
(a) Any new parking facility or other new indirect
source with an associated parking area, which has a
new parking capacity of 1,000 cars or more; or
(b) Any modified parking facility, or any modification
of an associated parking area, which increases
parking capacity by 500 cars or more; or
(c) Any new highway project with an anticipated average
annual daily traffic volume of 20,000 or more vehi-
cles per day within ten years of construction; or
(d) Any modified highway project which will increase
average annual daily traffic volume by 10,000 or
more vehicles per day within ten years after modifi-
cation.
(11) Outside an SMSA:
(a) Any new parking facility, or other new indirect
source with an associated parking area, which has
a parking capacity of 2,000 cars or more; or
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(b) Any modified parking facility, or any modification
of an associated parking area, which increases park-
ing capacity by 1,000 cars or more.
(iii) Any airport, the construction or general modification
program of which is expected to result in the following
activity within ten years of construction or modifica-
tion:
(a) New airport: 50,000 or more operations per year by
regularly scheduled air carriers, or use by 1,600,000
or more passengers per year.
(b) Modified airport: Increase of 50,000 or more opera-
tions per year by regularly scheduled air carriers
over the existing volume of operations, or increase
of 1,600,000 or more passengers per year.
(iv) Where an indirect source is constructed or modified in
increments which individually are not subject to review
under this paragraph, and which are not part of a program
of construction or modification in planned incremental
phases approved by the Administrator, all such increments
commenced after December 31, 1974, or after the latest
approval hereunder, whichever date is most recent, shall
be added together for determining the applicability of
this paragraph.
(3) No owner or operator of an indirect source subject to this para-
graph shall commence construction or modification of such source
after December 31, 1974, without first obtaining approval from
the Administrator. Application for approval to construct or mod-
ify shall be by means prescribed by the Administrator, and shall
include a copy of any draft or final environmental impact state-
ment which has been prepared pursuant to the National Environmen-
tal Policy Act (42 U.S.C. 4321). If not included in such environ-
mental impact statement, the Administrator may request the follow-
ing information:
(i) For all indirect sources subject to this paragraph, other
than highway projects:
(a) The name and address of the applicant.
(b) A map showing the location of the site of indirect
source and the topography of the area.
(c) A description of the proposed use of the site, in-
cluding the normal hours of operation of the facil-
ity, and the general types of activities to be op-
erated therein.
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(d) A site plan showing the location of associated
parking areas, points of motor vehicle ingress and
egress to and from the site and its associated
parking areas, and the location and height of
buildings on the site.
(e) An identification of the principal roads, highways,
and intersections that will be used by motor vehi-
cles moving to or from the indirect source.
(f) An estimate, as of the first year after the date
the indirect source will be substantially complete
and operational, of the average daily traffic vol-
umes, maximum traffic volumes for one-hour and
eight-hour periods, and vehicle capacities of the
principal roads, highways, and intersections iden-
tified pursuant to subdivision (i) (e) of this sub-
paragraph located within one-fourth mile of all
boundaries of the site.
(g) Availability of existing and projected mass transit
to service the site.
(h) Where approval is sought for indirect sources to be
constructed in incremental phases, the information
required by this subparagraph (3) shall be submitted
for each phase of the construction project.
(i) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(ii) For airports:
(a) An estimate of the average number and maximum number
of aircraft operations per day by type of aircraft
during the first, fifth and tenth years after the
date of expected completion.
(b) A description of the commercial, industrial, resi-
dential and other development that the applicant
expects will occur within three miles of the perim-
eter of the airport within the first five and the
first ten years after the date of expected comple-
tion.
(c) Expected passenger loadings at the airport.
(d) The information required under subdivisions (i) (a)
through (i) of this subparagraph.
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(iii) For highway projects:
(a) A description of the average and maximum traffic
volumes for one, eight, and 24-hour time periods
expected within 10 years of date of expected comple-
ti on.
(b) An estimate of vehicle speeds for average and maxi-
mum traffic volume conditions and the vehicle capac-
ity of the highway project.
(c) A map showing the location of the highway project,
including the location of buildings along the right-
of-way .
(d) A description of the general features of the high-
way project and associated right-of-way, including
the approximate height of buildings adjacent to the
highway.
(e) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(iv) For indirect sources other than airports and those high-
way projects subject to the provisions of paragraph (b)
(6) (iii) of this section, the air quality monitoring re-
quirements of paragraph (b) (3) (i) (i) of this section
shall be limited to carbon monoxide, and shall be con-
ducted for a period of not more than 14 days.
(4) (i) For indirect sources other than highway projects and air-
ports, the Administrator shall not approve an application
to construct or modify if he determines that the indirect
source will:
(a) Cause a violation of the control strategy of any
applicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The Administrator shall make the determination pursuant
to paragraph (b) (4) (i) (b) of this section by evaluat-
ing the anticipated concentration of carbon monoxide at
reasonable receptor or exposure sites which will be af-
fected by the mobile source activity expected to be at-
tracted by the indirect source. Such determination may
be made by using traffic flow characteristic guidelines
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published by the Environmental Protection Agency which
relate traffic demand and capacity considerations to am-
bient carbon monoxide impact, by use of appropriate at-
mospheric diffusion models (examples of which are refer-
enced in Appendix 0 to Part 51 of this chapter), and/or
by any other reliable analytic method. The applicant
may (but need not) submit with his application, the re-
sults of an appropriate diffusion model and/or any other
reliable analytic method, along with the technical data
and information supporting such results. Any such results
and supporting data submitted by the applicant shall be
considered by the Administrator in making his determina-
tion pursuant to paragraph (b) (4) (i) (b) of this sec-
tion.
(5) (i) For airports subject to this paragraph, the Administrator
shall base his decision on the approval or disapproval of
an application on the considerations to be published as
an Appendix to this Part.
(ii) For highway projects and parking facilities specified
under paragraph (b) (2) of this section which are assoc-
iated with airports, the requirements and procedures
specified in paragraphs (b) (4) and (6) (i) and (ii) of
this section shall be met.
(6) (i) For all highway projects subject to this paragraph, the
Administrator shall not approve an application to con-
struct or modify if he determines that the indirect source
will:
(a) Cause a violation of the control strategy of any ap-
plicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon,monoxide in any region or portion
thereof.
(ii) The determination pursuant to paragraph (b) (6) (i) (b)
of this section shall be made by evaluating the anticipa-
ted concentration of carbon monoxide at reasonable re-
ceptor or exposure sites which will be affected by the
mobile source activity expected on the highway for the ten
year period following the expected date of completion ac-
cording to the procedures specified in paragraph (b) (4)
(ii) of this section.
(iii) For new highway projects subject to this paragraph with
an anticipated average daily traffic volume of 50,000 or
more vehicles within ten years of construction, or mod-
ifications to highway projects subject to this paragraph
which will increase average daily traffic volume by 25,000
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or more vehicles within ten years after modification, the
Administrator's decision on the approval or disapproval
of an application shall be based on the considerations to
be published as an Appendix to this Part in addition to
the requirements of paragraph (b) (6) (i) of this section.
(7) The determination of the air quality impact of a proposed indi-
rect source "at reasonable receptor or exposure sites", shall mean
such locations where people might reasonably be exposed for time
periods consistent with the national ambient air quality standards
for the pollutants specified for analysis pursuant to this para-
graph.
(8) (i) Within 20 days after receipt of an application or addition
thereto, the Administrator shall advise the owner or opera-
tor of any deficiency in the information submitted in sup-
port of the application. In the event of such a defi-
ciency, the date of receipt of the application for the
purpose of paragraph (b) (8) (11) 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 u'se planning agency; and for highways, any local
board or cormrittee 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
1n accordance with the application as approved by the Administra-
tor; any owner or operator who fails to construct and operate an
indirect source in accordance with conditions imposed by the Ad-
ministrator under paragraph (b) (9) of this section; any owner
or operator who modifies an indirect source in violation of con-
ditions imposed by the Administrator under paragraph (b) (10) of
this section; or any owner or operator of an indirect source
subject to this paragraph who commences construction or modifi-
cation thereof after December 31, 1974, without applying for and
receiving approval hereunder, shall be subject to the penalties
specified under section 113 of the Act and shall be considered in
violation of an emission standard or limitation under section 304
of the Act. Subsequent modification to an approved indirect
source may be made without applying for permission pursuant to
this paragraph only where such modification would not violate any
condition imposed pursuant to paragraphs (b) (9) and (10) of this
section and would not be subject to the modification criteria set
forth in paragraph (b) (2) of this section.
(12) Approval to construct or modify shall become invalid if construc-
tion or modification is not commenced within 24 months after re-
ceipt of such approval. The Administrator may extend such time
period upon satisfactory showing that an extension is justified.
The applicant may apply for such an extension at the time of ini-
tial application or at any time thereafter.
(13) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strategy
and all local, State and Federal regulations which are part of the
applicable State implementation plan.
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(14) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting indirect source review pur-
suant to this paragraph to any agency, other than a regional of-
fice of the Environmental Protection Agency, the following pro-
visions shall apply:
(i) Where the agency designated is not an air pollution
control agency, such agency shall consult the appropri-
ate State or local air pollution control agency prior to
making any determination required by paragraphs (b) (4),
(5), or (6) of this section. Similarly, where the agency
designated does not have continuing responsibilities for
land use planning, such agency shall consult with the
appropriate State or local land use and transportation
planning agency prior to making any determination re-
quired by paragraph (b) (9) of this section.
(ii) The Administrator of the Environmental Protection Agency
shall conduct the indirect source review pursuant to
this paragraph for any indirect source owned or operated
by the United States Government.
(iii) A copy of the notice required pursuant to paragraph (b)
(8) (ii) (c) of this section shall be sent to the Admin-
istrator through the appropriate Regional Office.
(15) In any area in which a "management of parking supply" regulation
which has been promulgated by the Administrator is in effect, in-
direct sources which are subject to review under the terms of such
a regulation shall not be required to seek review under this para-
graph but instead shall be required to seek review pursuant to
such management of parking supply regulation. For purposes of
this paragraph, a "management of parking supply" regulation shall
be any regulation promulgated by the Administrator as part of a
transportation control plan pursuant to the Clean Air Act which
requires that any new or modified facility containing a given num-
ber of parking spaces shall receive a permit or other prior approv-
al, issuance of which is to be conditioned on air quality consid-
erations.
(16) Notwithstanding any of the foregoing provisions to the contrary,
the operation of this paragraph is hereby suspended pending fur-
ther notice. No facility which commences construction prior to
the expiration of the sixth month after the operation of this para-
graph is reinstated (as to that type of facility) shall be subject
to this paragraph.
(37 FR 10846, May 31, 1972 as amended at 40 FR 28065, July 3,
1975; 40 FR 40160, Sept. 2, 1975)
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(17.0) 52.1485 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
Parti oil ate matter:
Annual geometric mean
24-hr maximum
Sulfur dioxide:
Annual arithmetic mean
24-hr maximum
3-hr maximum
Class I
(ug/m3)
5
10
2
5
25
Class II
(ug/m3)
10
30
15
100
700
(ii) For purposes of this paragraph, areas designated as Class
III shall be limited to concentrations" of'pa'rti'cul ate
matter and sulfur dioxide no greater than the national
ambient air quality standards.
(iii) The air quality impact of sources granted approval to
construct or modify prior to January 1, 1975 (pursuant to
the approved new source review procedures in the plan)
but not yet operating prior to January 1, 1975, shall not
be counted against the air quality increments specified
in paragraph (c) (2) (i) of this section.
(3) (i) All areas are designated Class II as of the effective
date of this paragraph. Redesignation may be proposed by
the respective States, Federal Land Manager, or Indian
Governing Bodies, as provided below, subject to approval
by the Administrator.
(ii) The State may submit to the Administrator a proposal to
redesignate areas of the State Class I, Class II, or
Class III, provided that:
(a) At least one public hearing is held in or near the
area affected and this public hearing is held in
accordance with procedures established in 51.4 of
this chapter, and
(b) Other States, Indian Governing Bodies, and Federal
Land Managers whose lands may be affected by the
proposed redesignation are notified at least 30 days
prior to the public hearing, and
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(c) A discussion of the reasons for the proposed redes-
ignation is available for public inspection at least
30 days prior to the hearing and the notice announc-
ing the hearing contains appropriate notification of
the availability of such discussion, and
(d) The proposed redesignation is based on the record of
the State's hearing, which must reflect the basis
for the proposed redesignation, including consider-
ation of (1) growth anticipated in the area, (2)
the social, environmental, and economic effects of
such redesignation upon the area being proposed for
redesignation and upon other areas and States, and
(3) any impacts of such proposed redesignation upon
regional or national interests.
(e) The redesignation is proposed after consultation
with the elected leadership of local and other sub-
state general purpose governments in the area cov-
ered by the proposed redesignation.
(iii) Except as provided in paragraph (c) (3) (iv) of this
section, a State in which lands owned by the Federal Gov-
ernment are located may submit to the Administrator a
proposal to redesignate such lands Class I, Class II, or
Class III in accordance with subdivision (ii) of this
subparagraph provided that:
(a) The redesignation is consistent with adjacent State
and privately owned land, and
(b) Such redesignation is proposed after consultation
with the Federal Land Manager.
(iv) Notwithstanding subdivision (iii) of this subparagraph,
the Federal Land Manager may submit to the Administrator
a proposal to redesignate any Federal lands to a more
restrictive designation than would otherwise be applic-
able provided that:
(a) The Federal Land Manager follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Federal Land is lo-
cated or which border the Federal Land.
(v) Nothing in this section is intended to convey authority
to the States over Indian Reservations where States have
not assumed such authority under other laws nor is it
intended to deny jurisdiction which States have assumed
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under other laws. Where a State has not assumed juris-
diction over an Indian Reservation the appropriate In-
dian Governing Body may submit to the Administrator a
proposal to redesignate areas Class I, Class II, or
Class III, provided that:
(a) The Indian Governing Body follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (11) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Indian Reservation
is located or which border the Indian Reservation
and, for those lands held in trust, with the approv-
al of the Secretary of the Interior.
(vi) The Administrator shall approve, within 90 days, any re-
designation proposed pursuant to this subparagraph as
follows:
(a) Any redesignation proposed pursuant to subdivisions
(ii) and (iii) of this subparagraph shall be approv-
ed unless the Administrator determines (1) that the
requirements of subdivisions (ii) and (iii) of this
subparagraph have not been complied with, (2) that
the State has arbitrarily and capriciously disre-
garded relevant considerations set forth in sub-
paragraph (3) (ii) (d) of this paragraph, or (3)
that the State has not requested and received dele-
gation of responsibility for carrying out the new
source review requirements of paragraphs (d) and (e)
of this section.
(b) Any redesignation proposed pursuant to subdivision
(1v) of this subparagraph shall be approved unless
he determines (1) that the requirements of subdivi-
sion (iv) of this subparagraph have not been complied
with, or (2) that the Federal Land Manager has arbi-
trarily and capriciously disregarded relevant con-
siderations set forth in subparagraph (3) (ii) (d) of
this paragraph.
(c) Any redesignation submitted pursuant to subdivision
(v) of this subparagraph shall be approved unless he
determines (1) that the requirements of subdivision
(v) of this subparagraph have not been complied with,
or (2) that the Indian Governing Body has arbitrar-
ily and capriciously disregarded relevant consider-
ations set forth in subparagraph (3) (ii) (d) of this
paragraph.
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(d) Any redesignation proposed pursuant to this para-
graph shall be approved only after the Administrator
has solicited written comments from affected Federal
agencies and Indian Governing Bodies and from the
public on the proposal.
(e) Any proposed redesignation protested to the propos-
ing State, Indian Governing Body, or Federal Land
Manager and to the Administrator by another State or
Indian Governing Body because of the effects upon
such protesting State or Indian Reservation shall be
approved by the Administrator only if he determines
that in his judgment the redesignation appropriately
balances considerations of growth anticipated in the
area proposed to be redesignated; the social, envi-
ronmental and economic effects of such redesignation
upon the area being redesignated and upon other areas
and States; and any impacts upon regional or nation-
al interests.
(f) The requirements of paragraph (c) (3) (vi) (a) (3)
that a State request and receive delegation of the
new source review requirements of this section as a
condition to approval of a proposed redesignation,
shall include as a minimum receiving the administra-
tive and technical functions of the new source re-
view. The Administrator will carry out any required
enforcement action in cases where the State does not
have adequate legal authority to initiate such ac-
tions. The Administrator may waive the requirements
of paragraph (c) (3) (vi) (a) (3) if the State Attor-
ney-General has determined that the State cannot ac-
cept delegation of the administrative/technical func-
tions.
(vii) If the Administrator disapproves any proposed area desig-
nation under this subparagraph, the State, Federal Land
Manager or Indian Governing Body, as appropriate, may re-
submit the proposal after correcting the deficiencies
noted by the Administrator or reconsidering any area des-
ignation determined by the Administrator to be arbitrary
and capricious.
(d) Review of new sources
(1) The provisions of this paragraph have been incorporated by refer-
ence into the applicable implementation plans for various States,
as provided in Subparts B through ODD of this part. Where this
paragraph is so incorporated, the requirements of this paragraph
apply to any new or modified stationary source of the type iden-
tified below which has not commenced construction or modification
prior to June 1, 1975 except as specifically provided below. A
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source which is modified, but does not increase the amount of
sulfur oxides or parti oil ate matter emitted, or is modified to
utilize an alternative fuel, or higher sulfur content fuel, shall
not be subject to this paragraph.
(i) Fossil-Fuel Steam Electric Plants of more than 1000 mil-
lion B.T.U. per hour heat input.
(ii) Coal Cleaning Plants.
(iii) Kraft Pulp Mills.
(iv) Portland Cement Plants.
(v) Primary Zinc Smelters.
(vi) Iron and Steel Mills.
(vii) Primary Aluminum Ore Reduction Plants.
(viii) Primary Copper Smelters.
(ix) Municipal Incinerators capable of charging more than 250
tons of refuse per 24 hour day.
(x) Sulfuric Acid Plants.
(xi) Petroleum Refineries.
(xii) Lime Plants.
(xiii) Phosphate Rock Processing Plants.
(xiv) By-Product Coke Oven Batteries.
(xv) Sulfur Recovery Plants.
(xvi) Carbon Black Plants (furnace process).
(xvii) Primary Lead Smelters.
(xviii) Fuel Conversion Plants.
(xix) Ferroalloy production facilities commencing construction
after October 5, 1975.
(2) No owner or operator shall commence construction or modification
of a source subject to this paragraph unless the Administrator de-
termines that, on the basis of information submitted pursuant to
subparagraph (3) of this paragraph:
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(i) The effect on air quality concentration of the source or
modified source, in conjunction with the effects of growth
and reduction in emissions after January 1, 1975, of other
sources in the area affected by the proposed source, will
not violate the air quality increments applicable in the
area where the source will be located nor the air quality
increments applicable in any other areas. The analysis of
emissions growth and reduction after January 1, 1975, of
other sources in the areas affected by the proposed source
shall include all new and modified sources granted approv-
al to construct pursuant to this paragraph; reduction in
emissions from existing sources which contributed to air
quality during all or part of 1974; and general commer-
cial, residential, industrial, and other sources of emis-
sions growth not exempted by paragraph (c) (2) (111) of
this section which has occurred since January 1, 1975.
(ii) The new or modified source will meet an emission limit,
to be specified by the Administrator as a condition to
approval, which represents that level of emission reduc-
tion which would be achieved by the application of best
available control technology, as defined in 52.01 (f),
for particulate matter and sulfur dioxide. If the Admin-
istrator determines that technological or economic limi-
tations on the application of measurement methodology to
a particular class of sources would make the imposition
of an emission standard infeasible, he may instead pre-
scribe a design or equipment standard requiring the appli-
cation of best available control technology. Such standard
shall to the degree possible set forth the emission re-
ductions achievable by implementation of such design or
equipment, and shall provide for compliance by means which
achieve equivalent results.
(iii) With respect to modified sources, the requirements of sub-
paragraph (2) (11) of this paragraph shall be applicable
only to the facility or facilities from which emissions
are increased.
(3) In making the determinations required by paragraph (d) (2) of this
section, the Administrator shall, as a minimum, require the owner
or operator of the source subject to this paragraph to submit:
site information, plans, description, specifications, and drawings
showing the design of the source; information necessary to de-
termine the impact that the construction or modification will have
on sulfur dioxide and particulate matter air quality levels; 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 Lands.
Where feasible, the Administrator will coordinate his
review and hearings with the Federal Land Manager to
avoid duplicate administrative procedures.
(ii) New or modified sources which are located on Indian
Reservations shall be subject to procedures set forth in
paragraphs (d.) and (e) of this section. Such procedures
shall be administered by the Administrator in cooperation
with the Secretary of the Interior with respect to lands
over which the State has not assumed jurisdiction under
other laws.
(iii) Whenever any new or modified source is subject to action
by a Federal Agency which might necessitate preparation
of an environmental impact statement pursuant to the
National Environmental Policy Act (42 U.S.C. 4321), re-
view by the Administrator conducted pursuant to this
paragraph shall be coordinated with the broad environmen-
tal reviews under that Act, to the maximum extent feas-
ible and reasonable.
(5) Where an owner or operator has applied for permission to con-
struct or modify pursuant to this paragraph and the proposed
source would be located in an area which has been proposed for
redesignation to a more stringent class (or the State, Indian
Governing Body, or Federal Land Manager has announced such con-
sideration), approval shall not be granted until the Administra-
tor has acted on the proposed redesignation.
(e) Procedures for public participation
(1) (i) Within 20 days after receipt of an application to con-
struct, or any addition to such application, the Admin-
istrator shall advise the owner or operator of any de-
ficiency in the information submitted in support of the
application. In the event of such a deficiency, the date
of receipt of the application for the purpose of para-
graph (e) (1) (ii) of this section shall be the date on
which all required information is received by the Admin-
istrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
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(a) Make a preliminary determination whether the source
should be approved, approved with conditions, or dis-
approved.
(b) Make available in at least one location in each re-
gion in which the proposed source would be construct-
ed, a copy of all materials submitted by the owner or
operator, a copy of the Administrator's preliminary
determination and a copy or summary of other materi-
als, if any, considered by the Administrator in mak-
ing his preliminary determination; and
(c) Notify the public, by prominent advertisement in
newspaper of general circulation in each region in
which the proposed source would be constructed, of
the opportunity for written public comment on the in-
formation submitted by the owner or operator and the
Administrator's preliminary determination on the ap-
provability of the source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials and
agencies having cognizance over the locations where the
source will be situated as follows: State and local air
pollution control agencies, the chief executive of the
city and county; any comprehensive regional land use plan-
ning agency; and any State, Federal Land Manager or In-
dian Governing Body whose lands will be significantly af-
fected by the source's emissions.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the
close of the public comment period, the applicant may sub-
mit a written response to any comments submitted by the
public. The Administrator shall consider the applicant's
response in making his final decision. All comments shall
be made available for public"inspection in at least one
location in the region in which the source would be located,
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the source would be lo-
cated.
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(vi) The Administrator may extend each of the time periods
specified in paragraph (e) (1) (ii), (iv), or (v) of this
section by no more than 30 days or such other period as
agreed to by the applicant and the Administrator.
(2) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as ap-
proved and conditioned by the Administrator, or any owner or op-
erator of a stationary source subject to this paragraph who com-
mences construction or modification after June 1, 1975, without
applying for and receiving approval hereunder, shall be subject
to enforcement action under section 113 of the Act.
(3) Approval to construct or modify shall become invalid if construc-
tion or expansion is not commenced within 18 months after receipt
of such approval or if construction is discontinued for a period
of 18 months or more. The Administrator may extend such time pe-
riod upon a satisfactory showing that an extension is justified.
(4) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strat-
egy and all local, State, and Federal regulations which are part
of the applicable State Implementation Plan.
(f) Delegation of authority
(1) The Administrator shall have the authority to delegate responsi-
bility for implementing the procedures for conducting source re-
view pursuant to paragraphs (d) and (e), in accordance with sub-
paragraphs (2), (3), and (4) of this paragraph.
(2) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting source review pursuant to
this section to any Agency, other than a regional office of the
Environmental Protection Agency, the following provisions shall
apply:
(i) Where the agency designated is not an air pollution con-
trol agency, such agency shall consult with the appropri-
ate State and local air pollution control agency prior to
making any determination required by paragraph (d) of
this section. Similarly, where the agency designated
does not have continuing responsibilities for managing
land use, such agency shall consult with the appropriate
State and local agency which is primarily responsible for
managing land use prior to making any determination re-
quired by paragraph (d) of this section.
(ii) A copy of the notice pursuant to paragraph (e) (1) (ii)
(c) of this section shall be sent to the Administrator
through the appropriate regional office.
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(3) In accordance with Executive Order 11752, the Administrator's
authority for implementing the procedures for conducting source
review pursuant to this section shall not be delegated, other than
to a regional office of the Environmental Protection Agency, for
new or modified sources which are owned or operated by the Federal
government or for new or modified sources located on Federal lands;
except that, with respect to the latter category, where new or
modified sources are constructed or operated on Federal lands pur-
suant to leasing or other Federal agreements, the Federal land
Manager may at his discretion, to the extent permissible under ap-
plicable statutes and regulations, require the lessee or permittee
to be subject to a designated State or local agency's procedures
developed pursuant to paragraphs (d) and (e) of this section.
(4) The Administrator's authority for implementing the procedures for
conducting source review pursuant to this section shall not be re-
delegated, other than to a regional office of the Environmental
Protection Agency, for new or modified sources which are located
on Indian reservations except where the State has assumed juris-
diction over such land under other laws, in which case the Admin-
istrator may delegate his authority to the States in accordance
with subparagraphs (2), (3), and (4) of this paragraph.
(39 FR 42514, Dec. 5, 1974; 40 FR 2802, Jan. 16, 1975, as
amended at 40 FR 24535, June 9, 1975; 40 FR 25005, June 12,
2975; 40 FR 42012, Sept. 10, 1975)
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