U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 287
Air Pollution Regulations in State
Implementation Plans: Pennsylvania
Abcor Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
-------
United Statao
Environmental Protection
Agency
Office o? Air Quality
Planning and Starttordt
Research Tricnjfo Park NC 27711
EPA-450/3-78-088
August 1978
Air
Air Pollution Re
Hate
Pennsylvania
'iWH^f :
nT*';p> > .* -?<*H'•' '•'' '" , , •" ' •••• ' .,'•., .• .* . , •• '"
REPRODUCED BY
NATIONAL TECHNICAL
INFORMATION SERVICE
U. S. DEPARTMENT OF COMMERCE
SPRINGFIELD, VA. 22161
-------
TECHNICAL REPORT DATA
(Please read Instructions OH the reverse before completing)
1, REPORT Np.
' "EPA-450/3-?8-08r
, TITLE AND SUBTITLE
Air Pollution Regulations 1n State Implementation i
PI ans-: iPenjnsylvanla
3. RECIPIENT'S ACCOSSIOf*NO.
2.
B. REPORT DATE
August 1978
2.QD
i
6. PERFORMING ORGANIZATION CODE
7. AUTHOR(S)
8. PERFORMING ORGANIZATION.REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Wai den 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
16. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1,1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
17.
KEY WORDS AND DOCUMENT ANALYSIS
|b.IDENTIFIERS/OPEN ENDED TERMS JC. COSATI Field/Group
DESCRIPTORS
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (This Report)
Unclassified
21. NC
20. SECURITY CLASS fTHIS page)
Unclassified
22. PRICE
An
HP
EPA Form 2220-1 (»-73)
-------
EPA-4SO/3-78-088
Air Poilution
In State Implementation
Pennsylvania
by v
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-450/3-78-088
-------
INTRODUCTION
»
This document has been produced 1n compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPsJ 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
-------
to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also Included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
IV
-------
SUMMARY SHEET
OF
EPA-APPROVED REGULATION CHANGES
PENNSYLVANIA
Submittal Date
3/17/72
6/6/72
11/3/72
4/15/74
5/28/74
12/26/74
8/7/75
Section Number
52.2024
52.2038
52.2039
52.2040
52.2041
52.2042
52.2043
Approval Date
5/31/72
7/27/72
5/14/73
4/1/75
9/9/75
11/29/75
4/30/76
Description
State Regulations 121, 123, 127,
129, 131, 135, 139, 141
Article XVIII: Regulations for
Allegheny County
Philadelphia Regulations I, IV,
VIII, IX, X
Philadelphia Reaulation III
Philadelphia Regulations I, II,
X, XI
State Regulation 123 - Process
Factor for Glass Production
State Regulations 123 and 129
Revised for Zinc Smelters
FEDERAL REGULATIONS
Description
Regulation for Public Availability of Emission Data
Inspection and Maintenance
Air Bleed to Intake Manifold Retrofit
Management of Parking Supply
Study and Establishment of Bikeways
Gasoline Transfer Vapor Control
Computer Carpool Matching System
-------
Section Number Description
52.2044 Pennsylvania - New Jersey Busways
52.2045 Roosevelt Boulevard Busway Between Grant Avenue and
Hunting Park
52.2046 Central Business Districts Bus and Parking Restrictions
52.2047 Exclusive Busways in Philadelphia Outside the CBD
52.2048 Exclusive Bus Lanes for Philadelphia Suburbs and
Outlying Areas
52.2049 Specific Express Busways in Allegheny County
52.2050 Exclusive Bus Lanes for Pittsburgh Suburbs and
Outlying Areas
52.2051 Regulation for Limitation of Public Parking
52.2052 Employer's Provision for Mass Transit Priority
Incentives
52.2053 Monitoring Transportation Mode Trends
52.2055 Regulation for Review of New or Modified Indirect
Sources
52.2058 Prevention of Significant Deterioration
VI
-------
> 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
VII
-------
50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters,
Rice and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (Includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (Includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (Includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulars
(Includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (Includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (Includes Related Topic)
51.13 OPEN BURNING (includes Forest Management, Forest Fire, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (Includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
VIII
-------
TABLE OF CONTENTS
Revised Standard
Subject Index
(2.0)
(1.0)
(2.0)
(2.0)
(2.0)
(2.0)
(16.0)
(2.0)
(6.0)
(2.0)
(2.0)
(2.0)
, (50.0)
(50.1.3)
(50.1)
(51.5)
(51.9)
(50.1.1)
(2.0)
STATE REGULATIONS
Chapter-
Sectlon Number
Chapter 121 Genen
121.1 Defin
121.2 Purpo:
121.3 Applii
Artie
121.4 Regioi
the D<
121.5 Referi
121.6 Reque;
121.7 Prohil
Pollui
121.8 CompV
121.9 Circur
121.10 Exist-
121.11 Seven
Chapter 123 Stand*
123.1 Prohit
Fugiti
123.2 Fugiti
Mattel
123.11 Combu<
123.12 Inc1n«
123.13 Proces
123.21 Genera
Title
Page
1
1
5
Regional Organization of
Referrals from Associations
Compliance Responsibilities
Circumvention
Existing Orders
Severability Clause
Standards for Contaminants
Prohibition of Certain
5
6
6
6
6
6
7
7
8
8
9
9
10
10
12
ixr-.
-------
Revised Standard
Subject Index
(51.6)
(51.2)
(51.11)
(50.6)
(50.1.2)
(9.0)
(3.0)
Chapter-
Section Number
123.22
123.23
123.24
123.31
123.41
123.43
Chapter 127
(2.0)
(2.0)
(3.0)
(2.0)
(2.0)
(2.0)
(3.0)
(3.0)
(2.0)
(3.0)
(3.0)
(2.0)
(51.21)
(2.0)
127.1
127,11
127.12
127.13
127.14
127.21
'127.22
127.23
127.24
127.31
127.32
127.33
Chapter 129
129.1
Title Page
Combustion Units 12
By-product Coke Oven Gas 13
Primary Zinc Smelters 14
Limitations 14
Limitations 14
Measuring Techniques 15
Construction, Modification,
Reactivation and Operation
of Sources 21
Purpose 21
Requirements 21
Content of Applications 22
Extensions 22
Exemptions 23
Requirements 23
Contents of Applications 23
Temporary Permits 24
Extensions 24
Procedure for Denying,
Revoking or Suspending an
Approval or a Permit 25
Transfer of Approvals
and Permits 25
Notice of Sale of
Equipment 25
Standards For Sources 26
General 26
-------
Revised Standard
Chapter-
Subject Index
(51.16)
(51.16)
(51.16)
(2.0)
(51.15)
(51.10)
(51.18)
(51.19)
(51.13)
(4.0)
(2.0)
(4.0)
(4.0)
(2.0)
(13.0)
(1.0)
(2.0)
(13.0)
(13.0)
(8.0)
(2.0)
(9.0)
Section Number
129.2
129.3
129.4
129.5
129.6
129.11
129.12
129.13
129.14
Chapter 131
131.1
131.2
131,3
131.4
Chapter 135
135.1
135.2
135.3
135.4
Chapter 137
137.1
, 137.2
Title
Storage
Loading Facilities
Water Separators
Pumps and Compressors
Ethyl ene Production Plants
Nitric Acid Plants
Sulfuric Acid Plants
Sulfur Recovery Plants
Open Burning Operations
Ambient Air Quality
Standards
Purpose
National Ambient Air
Quality Standards
Ambient Air Quality
Standards
Application of Ambient
Air Quality Standards
Reporting of Sources
Definitions
Applicability to Sources
Reporting
Reporting Forms and Guides
Air Pollution Episodes
Purpose
Monitoring Facilities
Page
26
26
27
27
27
28
28
28
28
31
31
31
31
31
32
32
32
32
33
34
34
34
XI
-------
Revised Standard
Chapter-
Subjectjndex
(8.0)
(8.0)
(2.0)
(9.0)
(9.0)
(9.0)
(2.0)
(2.0)
(2.0)
(50.1)
(50.2) (50. 3)
(50.0)
(50.1)
(2.0)
(9.0)
(2.0)
(5.0)
(2.0)
(5.0)
Section Number
137.3
137.4
137.5
Chapter 139
139.1
139.2
139.3
139.4
139.11
139.12
139.13
139.14
139.21
139.31
139.32
139.33
Chapter 141
141.1
141.2
Title Page
Episode Criteria 34
Stand-by Plans 35
Implementation of Emission
Reduction Procedures 36
Sampling and Testing 40
i
Sampling Facilities 40
Sampling By Others 40
General Requirements 40
References 41
General Requirements 41
Emissions of Particulate
Matter 42
Emissions of S09, H~S
and N02 ' * 43
Emissions of Other Air
Contaminants 43
Emissions of Fugitive
Particulate Matter 44
General 44
Sampling and Analytical
Procedures 44
Incorporation of Federal
Procedures 44
Variances and Alternate
Standards 45
Imposing Alternate
Standards Authorized 45
Granting Temporary
Variances Authorized 45
XII
-------
Revised Standard Chapter-
SubjecTlndex Section Number T1 tle Page
(5.0) 141.3 Conditions of Variances 46
(5.0) 141.4 Period of Variance 46
(2.0) 141.5 Stay of Prosecution 46
(5.0) 141.6 Revocation and Modifi-
cation of Variance 47
(8.0) 141.7 Air Pollution Episodes 47
(13.0) 141.11 Filing 47
(13.0) 141.12 Notice of Filing 48
(2.0) 141.13 Contents of Notice 48
(13.0) 141 ..21 Filing 48
(2.0) 141.22 Form 49
(2.0) 141.23 Consideration of Protest 49
(16.0) 141.31 When Held 49
(16.0) 141.32 Location 49
(16.0) 141.33 Notice 49
(16.0) 141.34 Procedure 50
(13.0) 141.35 Record 50
(2.0) 141.41 -General 50
(2.0) 141.42 Form of Action 51
(2.0) 141.43 Notice of Action 51
(2.0) 141.44 Appeals 51
XIII
-------
REGULATIONS OF THE AIR POLLUTION CONTROL BOARD
CITY OF PHILADELPHIA, PENNSYLVANIA
Revised Standard
Subject Index
(2.0)
(1.0)
(3.0)(13.0)
(9.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(50.0)
(51.13)
(51.12)
(50.1.2)
(51.5)
Regulation
Number
Regulation I
Section I
Section II
Section III
Section IV
Section V
Section VI
Section VII
Section VIII
Section IX
Section X
Regulation II
Section II
Section III
Section IV
Section VI
Title
General Provisions
Definitions
Source Registration and
Emission Reporting
Testing and Test Methods
Availability of
Technology
Improvement and Plan
Pre-existing Regulations
Circumvention
Severability
Effective Date
Compliance Witlr Regula-
tions of the Environ-
mental Quality Board of
Pennsylvania
Air Contaminant and
Particulate Matter
Emissions
Open Fires
Toxic of Radioactive Air
Contaminants
Visible Emissions
Selection of Fuel for
Page
53
53
58
62
62
63
63
63
63
63
63
64
65
65
65
Particulate Matter Emission
Control 66
xiv
-------
Revised Standard
Subject Index
(50.1)
(50.2)
(50.2)
(51.6)
(8.0)
(1.0)
(8.0)
(8.0)
(8.0)
(8.0)
(2.0)
(2.0)
(2.0)
(50.4)
(1.0)
(51.16)
(51.16)
Regulation
Number
Section VIII
Regulation III
Section
II
Section III
Air Management
Regulation IV
Section I
Section II
Section III
Section IV
Section V
Section VI
Section VII
Section VIII
Regulation V
Section I
Section II
Section III
Title Page
Fugitive Dust 66
The Control of Emissions
of Oxides of Sulfur
Compounds 68
Control of Emissions of
Sulfur Compounds 70
Control of Sulfur in
Fuels 71
Governing Air Pollution
Control Measures During
High Air Pollution
Episodes 71
Definitions 71
Declaration of Conditions 72
Termination of Conditions 73
Alert and Notification
System By The Health
Commissioner and the
Emergency Coordinator 73
Advance Preparation for
High Air Pollution Episodes 74
Actions and Restrictions 75
Severability 82
Effective Date 82
Control of Emission of
Organic Substances From
Stationary Sources 86
Definitions 86
Storage Tank 88
o
Oil-Effluent Water
Separator 88
xv
-------
Revised Standard
Subject Index
(2.0)
(51.16)
(50.4)
(50.4)
(50.4)
(51.16)
(50.6)
(51.12)
(2.0)
(2.0)
(2.0)
(50.5)
(1,0)
(2.0)
(9.0)
(2.0)
(2.0)
(2.0)
Regulation
Number
Section IV
Section V
Section VI
Section VII
, Section VIII
Section IX
Section X
Section XI
Section XII
Section XIII
Section XIV
Regulation VIII
Section I
Section II
Section III
Section IV
Section V
Section VI
(§0.1.2)02.0)
0.0)
Regulation IX
Section
Title Page
Pumps and Compressors 89
Organic Material
Loading 89
Organic Solvents 90
Processing of Photo-
chemical ly Reactive
Organic Materials 90
Architectural Coatings 90
Disposal of Solvents 91
Odors 91
Radioactive and Toxic
Organic Materials 91
Circumvention 91
Severability 91
Effective Date 91
Control of Emissions of
Carbon Monoxide from
Stationary Sources 92
Definitions 92
General 92
Equipment Monitoring 92
Circumvention 92
Severability 93
Effective Date 93
Control of Visible
Emissions from Mobile
Sources 93
Definitions 93
XVI
-------
Revised Standard
Subject Index
(12.0)
(2.0)
(2.0)
(2.0)
(10.0)
(1.0)
(2.0)
(2.0)
(2.0)
(2.0)
(51.9)
(1.0)
(2.0)
(50.0)
(2.0)
(3.0)
(2.0)
(2.0)
(2.0)
Regulation
Number
Section
Section
Section
Section
Regulation
Section
Section
Section
Section
Section
Regulation
Section
Section
Section
Section
Section
Section
Section
II
III
IV
V
X
I
II
III
IV
V
XI
I
II
III
IV
V
VI
VII
Section VIII
Title
Standard of Emissions
Circumvention
Severability
Effective Date
Complex Source Review
Definitions
General Provisions
Air Quality Impact Review
Severability
Effective Date
Control of Emissions
From Incinerators
Definitions
General Provisions
Emission Limitations
Operation
Permits and Licenses
Circumvention
Severability
Effective Date
Page
94
94
95
95
95
95
96
96
98
98
98
98
100
101 .
101
102
103
103
103
XVII
-------
ALLEGHENY COUNTY HEALTH DEPARTMENT
Revised Standard
Subject Index
(1.0)
(2.0)
(2.0)
(6.0)
(2.0)
(15.0)
(2.0)
(2.0)
(16.0)
(50.0)
(50.1.2)
(50.1.3)
(51.5K51.6)
(51.0)
(.51.9)
(50.2)
(51.2)
(50.0)
RULES AND REGULATIONS
AIR POLLUTION
Section
Number
1800
1801
1802
1803
1804
1805
1806
1807
1808
1809
1809.1
1809.2
1809.3
1809.4
1809.5
1809.6
1809.7
1810
- ARTICLE XVIII
CONTROL
Title
Definitions
Purpose
Prohibition of Air
Pollution
Compliance Responsi-
bilities
Circumvention
Existing Orders
Administration and
Organization
Compliance Orders
Inspection
Emission Standards
Visible Air Contaminants
Fugitive Emissions
Fuel -Burning or
Combustion Equipment
Processes
Incinerators
Sulfur Compound
Emissions
Coke Ovens
Standards For Sources
Page
105
112
112
112
112
112
112
114
116
116
116
117
118
119
121
122
123
126
XVIII
-------
Revised Standard Section
Subject Index
(51.16)
(51.18)
(51.19)
(51.18)(51.19)
(51.4)
(51.17)
(51.13)
(9.0)(13.0)
(4.0)
(8.0)
(5.0)
(3.0)
(7.0)
(16.0)
(50.7)
(2.0)
(2.0)
(2.0)
(2.0)
Number
1810.1
1810.2
1810.3
1810.4
1810.5
1810.6
1810.7
1811
1812
1813
1814
1815
1816
1817
1818
1819
1820
1821
1822
Title
Volatile Organic
Compounds
Sulfuric Acid Plants
Sulfur Recovery Plants
Exceptions to Standards
For Sulfur Acid and
Recovery Plants
Blast Furnace Slips
Slag Quenching
Open Burning
Reporting and Testing
of Sources
Ambient Air Quality
Standards
Air Pollution Emergency
Episode System
Variances
Permits and Fees
Shutdown or Breakdown
of Equipment
Penalties
Nuisances
Application for
Injunctive Relief
Other Rights and
Remedies Preserved
Severability Clause
Repealer
Page
126
128
128
128
128
129
129
130
135
136
148
153
163
163
164
164
164
165
165
XIX
-------
FEDERALLY PROMULGATED REGULATIONS
Revised Standard
Subject Index
' (14.0)
(12.0)
(12.0)
(12.0)
(12.0)
(12.0)
(12.0)
(12.0)
(12.0)
(12.0)
(12.0)
(12.0)
(12.0)
Section
Number
52.2024
52.2038
52.2039
52.2040
52.2041
52.2042
52.2043
52.2044
52.2045
52.2046
52.2047
52.2048
52.2049
Title Page
Public Availability of
Data 175
Inspection and
Maintenance 175
Air Bleed to Intake
Manifold Retrofit 177
Management of Parking
Supply 179
Study and Establishment
of Bikeways 182
Gasoline Transfer Vapor
Control 184
Computer Carpool Matching
System 187
Pennsylvania-New Jersey
Busways 188
Roosevelt Boulevard
Busway Between Grant
Avenue and Hunting Park 189
Central Business Districts
Bus and Trol1ey Ways and
Parking Restrictions 190
Exclusive Busways in
Philadelphia Outside the
CBD 192
Exclusive Bus Lanes for
Philadelphia Suburbs and
Outlying Areas 194
Specific Express Busways
in Allegheny County 195
XX
-------
Revised Standard
Subject Index
(12.0)
(12.0)
(12.0)
(12.0)
(10.0)
(17.0)
Section
Number
52.2050
52.2051
52.2052
52.2053
52.2055
52.2058
Ti tle Page
Exclusive Bus Lanes for
Pittsburgh Suburbs and
Outlying Areas 197
Regulation for Limitation
of Public Parking 199
Employer's Provision for
Mass Transit Priority
Incentives 201
Monitoring Transporta-
tion Mode Trends 202
Review of New or
Modified Sources 204
Prevention of Significant
Deterioration 214
xx i
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(2.0)
TITLE 25. RULES AND REGULATIONS
PART 1. DEPARTMENT OF ENVIRONMENTAL RESOURCES
Subpart C. PROTECTION OF NATURAL RESOURCES
ARTICLE 111. AIR RESOURCES
CHAPTER 121. GENERAL PROVISIONS
GENERAL
(1.0)
121.1 Definitions.
The definitions set forth in the Act of January 8, 1960, P.L. 2199, 3, as
amended (35 P.S. 4003), shall apply to the provisions of this Article. In
addition, the following words and terms, when used in this Article, shall
have the following meanings, unless the context clearly indicates otherwise:
(1) Act - Air Pollution Control Act, the Act of January 8,
P.L. 2119, as amended (35 P.S. 4001 et seq.).
1960,
(2) Agency - Any official body of any political subdivision of the
Commonwealth having the authority or duty to enforce local ordinances or
resolutions relating to the prevention and control of air pollution.
(3) Air basin - A geographic area of this Commonwealth as delimited
in this section.
(4) Air cleaning device - Any article, chemical, machine, equipment or
other contrivance, the use of which may eliminate, reduce or control the
emission of air contaminants into the atmosphere.
(5) Air quality control region - Any air quality control region des-
ignated as such by the Administrator of the United States Environmental
Protection Agency pursuant to the provisions of the Clean Air Act and which
includes any part of this Commonwealth.
(6) Allegheny County air basin - Allegheny County.
(7) Allentown. Bethlehem, Easton air basin - The following political
subdivisions 1n Lehigh County: City of Allentown, City of Bethlehem,
Catasauqua Borough, Coplay Borough, Emmaus Borough, Fountain Hill Borough,
Hanover Township, Salisbury Township, South Whitehall Township, Whitehall
Township, and the following political subdivisions in Northampton County:
Allen Township, Bath Borough, City of Bethlehem, Bethlehem Township, East
Allen Township, City of Easton, Freemansburg Borough, Glendon Borough,
Hanover Township, Hellertown Borough, Lower Nazareth Township, Lower Saucon
Township, Nazareth Borough, North Catasauqua Borough, Northampton Borough,
Palmer Township, Stockertown Borough, Tatamy Borough, Upper Nazareth Town-
ship, West Easton Borough and Wilson Borough.
-1-
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(8) Ambient air quality standards - Concentrations of air contaminants
in the ambient air, as provided for in Chapter 131 of this Title (relating
to ambient air quality standards).
(9) Beaver Valley air basin - The following political subdivisions
in Lawrence County: Bessemer Borough, Ell port Borough, Ellwood City Borough,
Enon Valley Borough, Little Beaver Township, New Beaver Borough, City of
New Castle, North Beaver Township, Shenango Township, South New Castle
Borough, Taylor Township, Wampum Borough, Wayne Township and all of Beaver
County except for the following political subdivisions: Darlington Borough,
Darlington Township, Economy Borough, Frankfort Springs Borough, Franklin
Township, Hanover Township, Independence Township, Marion Township, New
Sewickley Township and South Beaver Township.
(10) Best available technology - Equipment, devices, methods or tech-
niques which will prevent, reduce or control emissions of air contaminants
to the maximum degree possible and which are available or can be made avail-
able.
(11) Board - The Environmental Hearing Board established by The Ad-
ministrative Code of 1929, the Act of April 9, 1929, P.L. 177, as amended
December 3, 1970, Act No. 275 (71 P.S. 51 et seq.).
(12) Clean Air Act - The Federal Clean Air Act, as amended by Public
Law 91-604, 84 Stat. 1676 (42 U.S.C. 1857 et seq.), and the rules and regu-
lations promulgated thereunder.
(13) Combustion unit - Any stationary equipment used to burn fuel pri-
marily for the purpose of producing power or producing heat by indirect heat
transfer.
t
(14) Emissions - Air contaminants emitted into the outdoor atmosphere.
(15) Erie air basin - The following political subdivisions in Erie
County: City of Erie, Harborcreek Township, Lawrence Park Township, Mil-
creek Township and Wesleyville Borough.
(16) Flue - Any duct, pipe, stack, chimney or conduit permitting air
contaminants to be emitted into the outdoor atmosphere. In order to be
classified as a flue, such duct, pipe, stack, chimney or conduit shall be
of such a nature as to permit the performance of the test methods and pro-
cedures specified in Chapter 139 of this Title (relating to sampling and
testing).
(17) Fugitive air contaminant - Any air contaminant emitted into the
outdoor atmosphere in any manner other than through a flue.
-2-
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(18) Harrisburg air basin - The following political subdivisions in
Cumberland County:Camp Hill Borough, East Pennsboro Township, Lemoyne
Borough, New Cumberland Borough, West Fairview Borough, Wormleysburg Bor-
ough, and the following political subdivisions in Dauphin County: City of
Harrisburg, Highspire Borough, Lower Swatara Township, Middletown Borough,
Paxtang Borough, Penbrook Borough, Royal ton Borough, Steel ton Borough,
Susquehanna Township and Swatara Township.
(19) Johnstown air basin - The following political subdivisions in
Cambria County:Brownstown Borough, Conemaugh Township, Daisytown Borough,
Dale Borough, East Conemaugh Borough, East Taylor Township, Ferndale Bor-
ough, Franklin Borough, Geistown Borough, City of Johnstown, Lorain Borough,
Lower Yoder Township, Middle Taylor Townships Southmont Borough, Stoneycreek
Township, Upper Yoder Township, West Taylor Township and Westmont Borough.
(20) Lancaster air basin - The following political subdivisions in
Lancaster County:East Petersburg Borough, City of Lancaster, Lancaster
Township,, Manheim Township and Mlllersville Borough.
(21) Mai odor - Any odor which causes annoyance or discomfort to the
public and which the Department determines to be objectionable to the public.
(22) Mobil air contamination source - Any vehicular air contamination
source, including but not limited to automobiles, trucks, tractors, buses
and other motor vehicles, railroad locomotives, ships, boats and other
water-borne craft, but not including any source mounted on a vehicle whether
such mounting is permanent or temporary, which source is not used to supply
power to the vehicle.
(23) Modification - Any physical change in a source or any change in
the method of operation of a source which would increase the amount of any
air contaminant emitted by such 'source or which would result in the emission
of any air contaminant not previously emitteds except that routine main-
tenance, repairs and replacement shall not be considered physical changes.
(24) Monongahela Valley air basin - The following political subdivis-
ions in Fayette County:Belle Vernon Borough, Brownsville Boroughs Browns-
ville Township, Fayette City Borough, Jefferson Township, Newell Borough,
Washington Township, and the following political subdivisions in Washington
County: Allenport Borough, California Borough, Carroll Township, Charleroi
Borough, Coal Center Borough, Donora Borough, Dunlevy Borough, Fallowfield
Township, Finleyville Borough, Long Branch Borough, Monongahela City, New
Eagle Borough, North Charlerol Borough, Roscoe Borough, Stockdale Borough,
Twilight Boroughs Union Township, West Brownsville Borough, and the following
political subdivisions 1n Westmoreland County: Monessen City, North Belle
Vernon Borough, Rostraver Township and West Newton Borough.
(25) Non-specific particulate matter - Particulate matter which Is non-
odorous and non-irritating, including but not limited to alundum, calcium
carbonate, cellulose, port!and cement, graphite, gypsum, limestone, mag-
nesite, starch, tin oxide and glycerine mist.
-3-
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-"—*•'""""-
(26) Opacity - The degree to which emissions reduce the transmission
of light and obscure the view of an object in the background.
(27) Open burning - Any fire, the air contaminants from which are
emitted directly into the outdoor atmosphere and not directed thereto
through a flue.
(28) Particulate matter - Any material, except uncombined water, that
is or has been airborne and exists as a solid or liquid at 70°F and 14.7
pounds per square inch absolute pressure.
(29) Potential emission rate - The total weight rate at
which a particular air contaminant, in the absence of any air cleaning
devices, would be emitted per unit of time from an air contamination source
when such source is operated at its rated capacity.
(30) Process - Any method, reaction, or operation wherein materials
are handled or whereby materials undergo physical change (I.e. the size,
shape, appearance, temperature, state or other physical property of the
material is altered) or chemical change (i.e. a substance or substances
with different chemical composition or properties are formed or created).
A process includes all of the equipment and facilities necessary for the
completion of the transformation of the materials to produce a physical or
chemical change. There may be several processes in series or in parallel
necessary to the manufacture of a product.
(31) Rating - The operating limit of a source as stated by the manu-
facturer of the source or as determined by good engineering judgement.
(32) Reading air basin - The following political subdivisions in
Berks County!Bern Township, Cumru Township, Kenhorst Borough, Laureldale
Borough, Leesport Borough, Lower Alsace Township, Mohnton Borough, Mt.
Penn Borough, Muhlenberg Township, City of Reading, Shillington Borough,
Sinking Spring Borough,, Spring Township, St. Lawrence Borough, Temple Bor-
ough, West Lawn Borough, West Reading Borough, Wyomissing Borough, and
Wyomissing Hills Borough.
(33) Scranton, Wilkes-Barre air basin - The following political sub-
divisions in Lackawanna County: Archbald Borough, Blakely Borough, Dickson
City Borough, Dunmore Borough, Jessup Borough, Moosic Borough, Old Forge
Borough, Olyphant Borough, City of Scranton, Taylor Borough, Throop Borough,
and the following political subdivisions in Luzeme County: Ashley Borough,
Avoca Borough, Courtdale Borough, Dupont Borough, Edwardsville Borough,
Exeter Borough, Forty Fort Borough, Hanover Township, Hughestown Borough,
Jenkins Township, Kingston Borough, Laflin Borough, Larksville Borough,
Laurel Run Borough, Luzerne Borough, City of Nanticoke, City of Pittston,
Pittston Township, Plains Township, Plymouth Borough, Plymouth Township,
Pringle Borough, Sugar Notch Borough, Swoyersville Borough, Warrior Run
Borough, West Pittston Borough, West Wyoming Borough, City of Wilkes-Barre
Township, Wyoming Borough and Yatesville Borough.
-4-
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(34) Source - Air contamination source.
(35) Southeast Pennsylvania air basin - The following counties: Bucks,
Chester, Delaware, Montgomery and Philadelphia.
(36) Standard conditions - 70°F and 14.7 pounds per square inch abso-
lute pressure.
(37) Volatile organic compound - Any compound containing carbon and
hydrogen or containing carbon and hydrogen in combination with any other
element and which has a vapor pressure of at least 1.5 pounds per square
inch absolute under actual storage conditions.
(38) York air basin - The following political subdivisions in York
County: Manchester Township, North York Borough, Spring Garden Township,
Springettsbury Township, West Manchester Township, West York Borough and
City of York.
(2.0) 121.2 Purpose
The purpose of this Article is to:
(1) Provide for the control and prevention of air pollution anywhere
in this Commonwealth, except as expressly excluded in the act or otherwise
noted in this Article; and
(2) Provide guidance for the design and operation of sources.
(2.0) 121.3 Applicability of this Article.
The provisions of this Article shall apply in all regions of this Common-
wealth, unless otherwise clearly noted.
(2.0) 121.4 Regional organization of the Department.
The following regions are established for purposes of air pollution con-
trol and include the indicated counties:
Region 1: Bucks, Chester, Delaware, Montgomery, Philadelphia.
Region 11 N: Bradford, Lackawanna, Luzerne, Monroe, Pike, Sullivan,
Susquehanna, Tioga, Wayne, Wyoming.
Region 11 S: Berks, Carbon, Lehigh, Northampton, Schuylkill.
Region 111: Adams, Cumberland, Dauphin, Franklin, Lancaster, Lebanon,
Perry, York.
Region IV: Bedford, Clair, Cambria, Centre, Clinton, Columbia,
Fulton, Huntingdon, Juniata, Lycoming, Miff!in, Montour,
Northumberland, Snyder, Somerset, Union.
-5-
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Region V: Allegheny, Armstrong, Beaver, Butler, Fayette, Greene,
Indiana, Washington, Westmoreland.
Region VI: Cameron, Clarion, Clearfield, Crawford, Elk, Erie, Forest,
Jefferson, Lawrence, McKean, Mercer, Potter, Venago,
Warren.
(2.0) 121.5 Referrals from associations.
(a) Complaints received by an association alleging that an air contam-
ination source within the region of the association is causing air pollution
shall be referred to the Department, in writing, within three months after
its receipt by the association. Unless circumstances indicate otherwise,
the computation of the three-month period shall run from the date that a
complaint is originally received at the regional office of the Department.
(b) In referring complaints to the Department, the association shall state
what efforts it has undertaken to resolve complaints, as provided in 6 of
the act (35 P.S. 4006).
(16.0) 121.6 Requests for hearings.
The Board shall entertain a written request for a hearing by any party
aggrieved by any order, permit, license or decision of the Department pro-
vided that the provisions of Chapter 21 of this Title (relating to rules of
practice and procedure) are complied with.
(2.0) 121.7 Prohibition of air pollution.
No person shall cause, suffer, or permit air pollution as that term is de-
fined in the act.
(6.0) 121.8 Compliance responsibilities.
Compliance with any provision of this Title shall not relieve any person
of the responsibility to comply with any other provision of this Title, ex-
cept when such relief has been clearly provided for in this Title.
(2.0) 121.9 Circumvention.
No person shall cause, suffer or permit the use of any device or technique
which, without resulting in reduction of the total amount of air contamin-
ants emitted, conceals or dilutes an emission of air contaminants which
would otherwise be in violation of the provisions of this Article, except
that with prior approval of the Department, such devices or techniques may
be used for .control of malodors.
-6-
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(2.0) 121.10 Existing orders.
All orders and permits issued and all stipulations and agreements entered
into by the Department prior to the effective date of this section shall
continue in full force and effect, but no such order, permit, stipulation
or agreement shall relieve any person from the responsibility to fully com-
ply with all applicable provisions of this Article.
(2.0) 121.11 Severability clause.
The provisions of this Article shall be severable. If any provision of
this Article is found by a court of record to be unconstitutional or void,
the remaining provisions of the Article shall, nevertheless, remain valid
unless the court finds the valid provisions of the Article are so essen-
tially and inseparably connected with, and so depend upon, the void pro-
vision, that it cannot be presumed that the Environmental Quality Board
would have adopted the remaining valid provisions without the void ones,
or unless the court finds the remaining valid provisions standing alone,
are incomplete and are incapable of being executed in accordance with the
Environmental Quality Board's intent.
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(50.0) CHAPTER 123. STANDARDS FOR CONTAMINANTS
Authorlty
FUGITIVE EMISSIONS
(50.1.3) 123.1 Prohibition of certain fugitive emissions.
(a) No person shall cause, suffer, or permit the emission into the out-
door atmosphere of any fugitive air contaminant from any source except from:
(1) Construction or demolition of buildings or structures.
(2) Grading, paving and maintenance of roads and streets.
(3) Use of roads and streets. Emissions from material in or on
trucks, railroad cars and other vehicular equipment shall not be consid-
ered as emissions from use of roads and streets.
(4) Clearing of land.
(5) Tilling or applying amendments to the soil, preparing cover
crops for incorporation into the soil and harvesting, while farming.
i
(6) Stockpiling of materials.
(7) ' Open burning operations.
(8) Blasting in open pit mines. Emissions from drilling shall not
be considered as emissions from blasting.
(9) Other sources and classes of sources determined by the Depart-
ment to be of minor significance with respect to the achievement and main-
tenance of ambient air quality standards or with respect to causing air
pollution.
(b) Any person responsible for any source specified in items (1) through
(9) of subsection (a) of this section shall take all reasonable actions to
prevent partlculate matter from becoming airborne. Such actions shall in-
clude, but not be limited to, the following:
(1) Use, where possible, of water or chemicals for control of dust
in the demolition of buildings or structures, construction operations, the
grading of roads or the clearing of land.
(2) Application of asphalt, oil, water or suitable chemicals on dirt
roads, material stockpiles, and other surfaces which can give rise to air-
borne dusts.
(3) Conduct of agricultural practices such as tilling of land,
application of fertilizers, etc., in such a manner as to minimize dust from
becoming airborne.
-8-
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I (4) The paving and maintenance of roadways.
I (5) The prompt removal of earth or other material from paved streets
onto which earth or other material has been transported by trucking or earth
moving equipment, erosion by water, or other means.
I (50.1) 123.2 Fugitive particulate matter.
i No person shall cause, suffer, or permit fugitive particulate matter to be
! emitted into the outdoor atmosphere from any source or sources specified in
| items (1) through (9) of 123.1 (a) of this Title (relating to prohibition of
i certain emissions) if such emissions are:
i
i
I
i (1) Either visible, at any time, at the point such emissions pass
j outside the person's property, irrespective of the concentration of partic-
] ulate matter in such emissions; or
I
I (2) Not visible at the point such emissions pass outside the per-
i son's property and the average concentration, above background, of three
j samples9 of such emissions at any point outside the person's property, ex-
! ceeds 150 particles per cubic centimeter.
] PARTICULATE MATTER EMISSIONS
(51.5) 123.11 Combustion units.
(a) No person shall cause, suffer, or permit the emission into the outdoor
: atmosphere of particulate matter, at any time, from any combustion unit in
excess of:
j (1) The rate of 0.4 Ibs. per million BTU of heat input, when the
heat input to the combustion unit in millions of BTUs per hour is greater
j than 2.5 but less than 50.
: (2) The rate determined by the formula:
i
A = 3.6E0'56 where:
A = Allowable emissions in Ibs. per million BTU of heat input,
and
E = Heat input to the combustion unit in millions of BTUs per
hour.
: when E is equal to or greater than 50 but less than 600.
i
j (3) The rate of 0.1 Ibs. per million BTU of heat input when the heat
input to the combustion unit in millions of BTUs per hour is equal to or
j greater than 600.
(b) Allowable emissions under subsection (a) of this section are graphi-
cally indicated in Figure 1 appended to this Chapter.
-9-
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(51.9) 123.12 Incinerators.
No person shall cause, suffer, or permit the emission to the outdoor at-
mosphere of particulate matter from any incinerator, at any time, in such a
manner that the particulate matter concentration in the effluent .gas ex-
ceeds 0.1 grains per dry standard cubic foot, corrected to 12% C02-
(50.1.1) 123.13 Processes.
(a) Subsections (b) and (c) of this section shall apply to all processes
except combustion units and incinerators.
(b) No person shall cause, suffer, or permit the emission into the out-
door atmosphere of particulate matter from any process listed in Table 1,
at any time, either in excess of the rate calculated by the following formula
or in such a manner that the concentration of particulate matter in the
effluent gas exceeds 0.02 grains per dry standard cubic foot, whichever is
greater:
A - 0.76E0'42, where:
A = Allowable emissions 1n Ibs/hr
E = Emission Index 3 F x W Ibs/hr
F = Process factor 1n Ibs/unit, and
, W = Production or charging rate in un1ts/hr
. The factor F shall be obtained from Table 1. The units for F and W
shall be compatible.
Allowable emissions under this subsection are graphically indicated
in Figure 2 appended to this Chapter.
(c) No person shall cause, suffer, or permit the emission into the out-
door atmosphere of particulate matter from any process not listed in Table 1
in such a manner that the concentration of particulate matter in the efflu-
ent gas, at any time, exceeds:
(1) 0.04 grains per dry standard cubic foot, when the effluent gas
volume is less than 150,000 dry standard cubic feet per minute.
(2) The rate determined by the formula:
A = 6000E where:
A = Allowable emissions in grains per dry standard cubic foot,
and
E = Effluent gas volume in dry standard cubic feet per minute,
when E is equal to or greater than 150,000 but less than 300,000.
(3) 0.02 grains per dry standard cubic foot, when the effluent gas
volume is greater than 300,000 dry standard cubic feet per minute.
Allowable emissions under this subsection are graphically indicated
in Figure 3 appended to this Chapter.
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TABLE 1
Process'
1. Carbon black mfg.
2. Charcoal mfg.
3. crushers or grinders or screens
4. Paint mfg.
5. Phosphoric acid mfg.
6. Detergent drying
7. Alfalfa dehydration
8. Grain elevators:
Loading or unloading
9. Grain screening and cleaning
10. Grain drying
11. Meat smoking
12. Ammonium nitrate mfg:
Granulator
13. Ferroalloy production furnace
14. Primary iron and/or steel making:
Iron production
Sintering: windbox
Steel production
Scarfing
15. Primary lead production:
Roasting
Sintering: windbox
Lead reduction
16. Primary zinc production:
Roasting
Sintering: windbox
Zinc reduction
17. Secondary aluminum production:
Sweating
Melting and refining
18. Brass and bronze production:
Melting and refining
19. Iron foundry:
Melting:
5T./hr and less
More than 5T./hr
Sand handling
Shake-out
20. Secondary lead smelting
21. Secondary magnesium smelting
22. Secondary zinc smelting:
Sweating
Refining
23. Asphaltic concrete production
24. Asphalt roofing mfg:
Felt saturation
Process Factor, F
500 Ibs./ton of product
400 Ibs./ton of product
20 Ibs./ton of feed
0.05 Ibs./ton of pigment handled
6 Ibs./ton of phosphorous burned
30 Ibs./ton of product
30 Ibs./ton of product
90 Ibs./ton of grain
300 Ibs./ton of grain
200 Ibs./ton of product
0.01 Ibs./ton of meat
0.1 Ibs./ton of product
0.3 Ibs./ton of product
100 Ibs./ton of product
20 Ibs./ton of dry solids feed
40 Ibs./ton of product
20 Ibs./ton of product
0.004 Tbs./ton of ore feed
'0.2 Ibs./ton of sinter
0.5 Ibs./ton of product
3 Ibs./ton of ore feed
2 Ibs./ton of product
10 Ibs./ton of product
50 Ibs./ton of aluminum product
10 Ibs./ton of aluminum feed
20 Ibs./ton of product
150 Ibs./ton of iron
50 Ibs./ton of iron
20 Ibs./ton of sand
20 Ibs./ton of sand
0.5 Ibs./ton of product
0.2 Ibs./ton of product
0.01 Ibs./ton of product
0.3 Ibs./ton of product
6 Ibs./ton of aggregate feed
0.6 Ibs./ton of asphalt used
-11-
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(50.2)
(2.0)-
(51.6)
TABLE 1
Process
25. Portland cement mfg:
Clinker production 150
Clinker cooling 50
26. Coal drying 2
27. Coal dry-cleaning 2
28. Lime calcining • 200
29. Petroleum refining:
Catalytic cracking 40
30. Pressed, blown and spun glass;
glass production melting furnace 50
Process Factor. F
Ibs./ton of dry solids feed
Ibs./ton of product
Ibs./ton of product
Ibs./ton of product
Ibs./ton of product
Ibs./ton of liquid feed
Ibs./ton of fill
SULFUR COMPOUND EMISSIONS
123.21 General.
(a) Subsection (b) of this section shall apply to all sources except
those subject to the provisions of other sections of this Article, with re-
spect to the control of sulfur compound emissions.
(b) No person shall cause, suffer, or permit the emission into the out-
door atmosphere of sulfur oxides, from any source, in such a manner that the
concentration, at any time, of the sulfur oxides, expressed as S02, in the
effluent gas exceeds 500 parts per million, by volume (dry basis)?
123.22 Combustion units.
(a) (1) Clause (2) of this subsection shall apply to all combustion
units in all the air basins except those units subject to the provisions of
subsection (b) of this section.
(2) No parson shall cause, suffer, or permit the emission into the
outdoor atmosphere of sulfur oxides, expressed as S02, from any combustion
unit, at any time, in excess of:
(i) The rate of 3.0 Ibs. per million BTU of heat input when
the heat input to the combustion unit in millions of BTUs per hour is greater
than 2.5 but less than 50.
(ii) The rate determined by the formula:
0 14
A = 5.IE ' where:
A = Allowable emissions in Ibs. per million BTU of heat
input, and
E * Heat input to the combustion unit in millions of BTUs
per hour,
when E is equal to or greater than 50 but less than 2,000.
-12-
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(51.2)
(iii) The rate of 1,8 Ibs. per million BTU of heat input when
the heat input to the combustion unit in millions of BTUs per hour is euqal
to or greater than 2,000.
(b) (1) Clause (2) of this subsection shall apply to all combustion
units in the Allegheny County, Beaver Valley, Monongahela Valley and South-
west Pennsylvania air basins.
(2) No person shall cause, suffer, or permit the emission into the
outdoor atmosphere of sulfur oxides, expressed as S02, from any combustion
unit, at any time9 in excess of:
(i) The rate of 1.0 Ib. per million BTU of heat input, when
the heat input to the combustion unit in millions of BTUs per hour is
greater than 2.5 but less than 50.
(ii) The rate determined by the formula:
1.7E0'14, where:
A = Allowable emissions in Ibs. per million BTU of heat
input, and
E = Heat input to the combustion unit in millions of
BTUs per hour,
when E is equal to or greater than 50 but less than 2,000.
(iii) The rate of 0.6 Ibs. per million BTU of heat input when
the heat input to the combustion unit in millions of BTUs per hour is equal
to or greater than 2,000.
(c) (1) Clause (2) of this subsection shall apply to all combustion
units not subject to the provisions of subsections (a) and (b) of this sec-
tion.
(2) No person shall cause, suffer,, or permit the emission into the
outdoor atmosphere of sulfur oxides, expressed as SOgp from any combustion
unito at any time9 in excess of the rate of 4.0 Ibs. per million BTU of
heat input
(d) Allowable emissions under this section are graphically indicated in
Figure 4 appended to this Chapter.
123.23 By-product coke oven gas.
(a) No person shall cause, suffer or permit the emission of by-product
coke oven gas into the outdoor atmosphere unless such gas is first burned.
(b) No person shall cause, suffer or permit the flaring or combustion of
any coke oven by-product gas that contains sulfur compounds, measured as
hydrogen sulfide, in concentrations greater than 50.grains per 100 dry
standard cubic feet.
-13-
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(51.11) 123.24 Primary Zinc Smelters.
. (a) No person shall cause, suffer or permit the emission into the out-
door atmosphere of sulfur oxides, from any zinc roasting operation in such
a manner that the concentration of sulfur oxides, expressed as S02 in the
effluent gas exceeds 500 parts per million by volume (dry basis) calculated
as a two-hour moving average.
(b) No person shall cause, suffer or permit the emission into the out-
door atmosphere of sulfur oxides, from any zinc sintering operation, at any
time in excess of the rate calculated by the following formula:
Y = 0.054X where:
X = Calcine feed rate to the sinter plant (Ibs./hr)
Y = Allowable sulfur oxide emissions (Ibs./hr)
ODOR EMISSIONS
(50.6) 123.31 Limitations.
(a) (I) No person shall cause, suffer, or permit, at any time, any
emissions from the following processes unless the emissions have been in-
cinerated at at least 1200°F for at least 0.3 seconds prior to their emis-
sions into the outdoor atmosphere. Chip dryers, animal blood dryers, as-
phalt roof manufacture, brake shoe debonding operations, core ovens, ren-
dering cookers., varnish cookers, paint-baking ovens, meat smokehouses
other than those in single family farms, plastic curing ovens, fabric-
backing and fabric coating baking ovens, ovens for curing of binders in
mineral wool production, meat processing other than in single family farms,
tear gas manufacture and sources of hydrogen sulfide or mercaptans.
(2) Techniques other than incineration may be used to comply with
the provisions of Clause (1) of this subsection if it is shown to the
satisfaction of the Department that such techniques are equivalent to or
better than the required incineration in terms of control of the odor emis-
sions.
(b) No person shall cause, suffer, or permit the emission into the out-
door atmosphere of any malodorous air contaminants from any source whatso-
ever, including those in compliance with the provisions of subsection (a)
of this section, in such a manner that the malodors are detectable beyond
the person's property.
VISIBLE EMISSIONS
(50.1.2) 123.41 Limitations.
No person shall cause, suffer, or permit the emission into the outdoor
atmosphere of visible air contaminants in such a manner that the opacity
of the emission is:
-14-
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(1) Equal to or greater than 20% for a period or periods aggre-
gating more than 3 minutes in any one hour; or
(2) Equal to or greater than 60% at any time.
123.42 Exceptions.
The limitations of 123.41 of this Title (relating to limitations on visi-
ble emissions) shall not apply to any visible emission:
(1) When the presence of uncombined water is the only reason for
failure of the emission to meet the limitations;
(2) Resulting from the operation of equipment used solely to train
and test persons in observing the opacity of visible emissions; and
(3) From sources specified in items (1) through (9) of 123.1 (a)
of this Title (relating to permitted fugitive emissions).
(9.0) 123.43 Measuring techniques.
Visible emissions may be measured using:
(1) Any device approved by the Department and maintained to pro-
vide accurate opacity measurements; or
(2) Observers, trained and qualified to measure plume opacity
with the naked eye or with the aid of any devices approved by the Depart-
ment.
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PARTICUIATE MATTER-COMBUSTION UNITS
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PARTICULATE MATTER - PROCESSES LISTED IN TABLE 1
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FIGURE 3
PARTICULATE MATTER - PROCESSES NOT LISTED IN TABLE 1
100,000
200,000 300,000 400,000
in
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E = EFFLUENT GAS VOLUME, DRY SCFM
-18-
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-------
(3.0) CHAPTER 127. CONSTRUCTION, MODIFICATION, REACTIVATION
AND OPERATION OF SOURCES
GENERAL
i
1 (2.0) 127.1 Purpose.
I
It Is intended that by the application of the provisions of this Article,
air quality shall be maintained at existing levels in those areas where the
i existing ambient air quality is better than the applicable ambient air qual-
ity standards, and that air quality shall be improved to achieve the appli-
cable ambient air quality standards in those areas where the existing air
J quality is worse than the applicable ambient air quality standards. In
accordance with this intent it is the purpose of this Chapter to insure
I that all new sources shall conform to the applicable standards of this Ar-
I tide and that they shall not result 1n producing ambient air contaminant
j concentrations 1n excess of those specified in Chapter 131 of this Title
! - (relating to ambient air quality standards). It is further the Intent of
j this Chapter to insure that In those areas of this Commonwealth where con-
i centrations of air contaminants are significantly lower than those speci-
fied in Chapter 131 of this Title (relating to ambient air quality stand-
j ards), new sources shall not be established unless it is affirmatively
I demonstrated that:
i
]- (1) The establishment of such new sources is justifiable as a re-
sult of necessary economic or social development;
»
T (2) Such new sources shall not result in the creation of air pol-
| lution as defined In section 3 of the act (35 P.S. 4003);
I
I (3) Such new sources shall conform to all applicable standards of
! this Article;
j (4) Such new sources shall not result in the creation of ambient
air contaminant concentrations in excess of those specified 1n Chapter 131
of this Title (relating to ambient air quality standards); and
(5) Such new sources shall control the emission of air pollutants
to the maximum extent, consistent with the best available technology.
PLAN APPROVAL
(2.0) 127.11 Requirements.
No person shall cause, suffer, or permit the construction or modification
of any air contamination source or the reactivation of any air contamina-
tion source after said source has been out of operation or production for a
period of one year or more, or the installation of any air cleaning device
on any air contamination source, unless such construction, modification,
reactivation or Installation has been approved by the Department.
-21-
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(3.0) 127.12 Content of applications.
(a) Applications for approval shall:
(1) Identify the location of the source.
(2) Contain such information as is requested by the Department and
as is necessary to perform a thorough evaluation of the air contamination
aspects of the source.
(3) Show that the source will be equipped with reasonable and ade-
quate facilities to monitor and record the emissions of air contaminants
and any operating conditions that may affect the emissions of air contami-
nants.
(4) Show that the source will comply with all applicable require-
ments of this Article and those requirements promulgated by the Administrator
of the United States Environmental Protection Agency pursuant to the pro-
visions of the Clean Air Act.
(5) Show that the emissions from a new source will be the mini-
mum attainable through the use of the best available technology.
(6) When requested by the Department, show that the source will not
prevent or adversely affect the attainment or maintenance of ambient air
quality standards.
(7) Contain a plan of action for the reduction of emissions during
each level specified 'in Chapter 137 of this Title (relating to air pollution
episodes).
(b) The Department shall not approve any application unless the appli-
cation meets the requirements of subsection (a) of this section. Any ap-
proval may be granted with appropriate conditions.
(2.0) 127.13 Extensions.
\ \
Any approval granted by the Department shall be valid for a limited period
of time, specified by the Department in the approval. At the end of such
time, if the construction, modification, reactivation or installation has
not been completed, a new approval or an extension of the previous approval
shall be required. The Department shall not grant any extension unless the
application for and the conditions on the previous approval were such that
any new approval would be essentially a duplication of the previous approval.
-22-
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(2.0) 127.14 Exemptions.
Approval shall not be required for the construction, modification, reacti-
vation or installation of:
(1) Air conditioning or ventilation systems not designed to remove
pollutants generated by or released from other sources.
(2) Combustion units rated at 2,500,000 or less BTU per hour of
heat input.
(3) Combustion units fueled by natural gas supplied by a public
utility and used only for space heating, air conditioning or heating water.
(4) Sources used in residential premises designed to house four or
less families.
(5) Space heaters that heat by direct heat transfer.
(6) Mobile sources.
(7) Laboratory equipment used exclusively for chemical or physical
analyses. ,
(8) Other sources .and classes of sources determined to be of minor
significance by the Department.
PERMIT TO OPERATE
(2.0) 127.21 Requirements.
No person shall cause, suffer, or permit the operation of any source the
constructions modification or reactivation ,of which, or the installation of
air cleaning device on which, is subject to the provisions of 127.11 of this
Title (relating to requirements for plan approval), unless the Department
has issued a permit to operate such source.
(3.0) 127.22 Content of applications.
(a) Applications for permits shall:
(1) Contain the name, title, address and telephone number of the
individual responsible for the operation of the source.
(2) Contain such information as is requested by the Department and
as is necessary to perform a thorough evaluation of the air contamination
aspects of the source.
(3) Show that the construction, modification, reactivation or in-
stallation has been completed in accordance with the approval.
-23-
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(4) Show that the source is equipped with reasonable and adequate
facilities to monitor and record the emissions of air contaminants and any
operating conditions that may affect the emissions of air contaminants, that
such records are being and will continue to be maintained and that such
records will be submitted to the Department at specified intervals or upon
request.
(5) Show that the source is, is capable of being and will continue
to be in compliance with all the applicable requirements of this Article and
those requirements promulgated by the Administrator of the United States
Environmental Protection Agency pursuant to the provisions of the Clean Air
Act.
(6) Show that the emissions from a new source are the minimum at-
tainable through the use of best available technology.
(7) When requested by the Department, show that the source is being,
is capable of being, and will continue to be operated in such a manner as
not to cause any violation of the ambient air quality standards.
(8) Show that the source and the air cleaning devices are being,
are capable of being, and will continue to be operated and maintained in
accordance with good air pollution control practices.
(b) The Department shall not issue any permit unless the application meets
the requirements of subsection (a) of this section. Any permit may be
granted with appropriate conditions.
(3.0) 127.23 Temporary permits.
(a) The Department may issue temporary permits to facilitate shakedown
of sources and air cleaning devices, to permit operations pending the issu-
ance of permits specified in 127.21 of this Title (relating to permit require-
ments), or to permit the evaluation of the air contamination aspects of the
source.
(b) Any temporary permit issued shall be valid for a limited period of
time, not to exceed 60 days, but may be extended for additional limited
periods each not to exceed 60 days.
(c) No temporary permit shall be issued or extended which may circumvent
the requirements of this Chapter.
(2.0) 127.24 Extensions.
Any permit issued by the Department shall be valid for a limited period of
time, specified by the Department 1n the permit. Before the expiration of
the permit, a new permit or an extension of the previous permit shall be ob-
tained for continued operation of the source. The Department shall not grant
any extension unless the application for and the conditions on the previous
permit were such that any new permit would be essentially a duplication of
the previous permit.
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MISCELLANEOUS PROVISIONS
(3.0) 127.31 Procedure for denying, revoking or suspending an approval or a
permit.
(a) Whenever the Department intends to take action to disapprove plans
submitted to it, or to deny, revoke or suspend any approval or permit, it
shall notify the person involved, in writing, of its intention setting forth
the reasons for its action.
(b) If, within 30 days of the issuance'of such notification, the person
files with the Board a request for a hearing and complies with the provis-
ions of 121.6 of this Title (relating to requests for hearings), the Board
shall thereafter schedule a hearing to review the action of the Department
and thereafter enter an adjudication either affirming, reversing or modify-
ing the action of the Department.
i
(c) If9 however, no appeal has been filed within the 30-day periods the
approval shall be denied9 or application for permit shall be refused, or
the approval or permit shall be revoked or suspended, as the case may be.
(3.0) 127.32 Transfer of approvals and permits.
(a) No approval or permit shall be transferred from one person to another.
(b) Any approval or permit shall be valid only for that specific source
and that specific location of the source as described in the application
and shall not be valid for any other source or location of the source.
(2.0) 127.33 Notice of sale of equipment.
(a) Any person who sells or distributes within this Commonwealth any air
cleaning device or source subject to the provisions of 127.11 of this Title
(relating to requirements for plan approval), shall, within five (5) days
of the sale thereof, file with the Department a notice of sale which shall
include:
(1) Name and address of purchaser.
(2) Brief description of article sold and its function and where it
is to be installed.
(3) The specific terms and provisions of any and all warranties
given to the purchaser.
(4) Signature of the person making the sale.
(5) Date of sale.
(b) Failure to file a notice of sale as required by subsection (a) of
this section or the misrepresentation of any information contained in any
such notice shall constitute a violation of this section.
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(51.2T) CHAPTER 129. STANDARDS FOR SOURCES
SOURCES OF ORGANIC COMPOUNDS
(2.0) 129.1 General.
(a) Sections 129.2, 129.3, 129.4, 129.5 and 129.6 of this Title(relating
to sources of organic compounds) are applicable to all sources within the
Allegheny County, Beaver Valley, Monongahela Valley and Southeast Penn-
sylvania air basins.
(b) Techniques other than those specified in 129.2, 129.3, 129.4, 129.5
and 129.6 of this Title (relating to sources of organic compounds) may be
used to comply with the requirements of these sections if it is shown to
the satisfaction of the Department that such alternate techniques are equiv-
alent to or better than those specified in these sections in terms of the
control of organic compounds.
(51.16) 129.2 Storage
No person shall cause, suffer or permit the placing storing or holding in
any stationary tank, reservoir or other container rated at more than 40,000
gallons, of any volatile organic compounds unless such tank, reservoir, or
other container is a pressure tank capable of maintaining working pressures
sufficient at all times to prevent vapor or gas loss to the atmosphere or is
designed and equipped with one of the following vapor loss control devices:
(1) A floating roof, consisting of a pontoon type roof, double deck
type roof or internal floating cover, which shall rest on the surface of the
liquid contents and be equipped with a closure seal or seals to close the
space between the roof edge and tank wall. This control equipment shall not
be permitted if the volatile organic compounds have a vapor pressure of 11.0
pounds per square inch absolute or greater under actual storage conditions.
All tank gauging or 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 volatile organic compound vapors and gases dis-
charged and a vapor disposal system capable of.processing such volatile
organic vapors and gases so as to prevent their emission to the atmosphere.
All tank gauging and sampling devices shall be gas-tight except when gaug-
ing or sampling is taking place.
(51.16) 129.3 Loading facilities.
(a) No person shall cause, suffer or permit the loading of any volatile
organic compounds into any vehicular tank rated at more than 200 gallons
from any loading facility which loads 20,000 or more gallons in any one day,
unless such loading facility is equipped with a vapor collection and disposal
system as described in 129.2 (2) of this Title (relating to vapor recovery
and disposal systems), properly installed, in good working order, and in
operation.
-26-
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I (b) No person shall cause, suffer or permit the loading of any volatile
I organic compounds into any vehicular tank rated at more than 200 gallons
] from any loading facility which loads 20,000 or more gallons in any one day,
unless such loading facility is equipped with a loading arm with a vapor
collection adaptor and pneumatic, hydraulic, or other mechanical means to
] force a vapor-tight seal between the adaptor and the hatch of the tank. A
means shall be provided to prevent liquid organic compounds drainage from
the loading device when it is not connected to the hatch or to accomplish
complete drainage before such removal. When loading is effected through
means other than hatches, all loading and vapor lines shall be equipped with
j fittings which make vapor-tight connections and which close automatically
;] when disconnected.
i (51.16) 129.4 Water separators.
I
j No person shall cause, suffer, or permit the use of any compartment of any
i single or multiple compartment volatile organic compound water separator
j which compartment receives effluent water containing 200 gallons a day or
i more of any volatile organic compound from any equipment processing, refin-
ing, treating, storing, or handling volatile organic compounds consisting
| of kerosene or more volatile organic materials, unless such compartment is
; equipped with one of the following vapor loss control devices, properly
j installed, in good working order, and in operation:
j (1) A container having all openings sealed and totally enclosing
i the liquid contents. All gauging and sampling devices shall be gas-tight
| except when gauging or sampling is taking place.
i
j (2) A container equipped with a floating roof, consisting of a
i pontoon type roof, double deck type roof, or internal floating cover, which
i will rest on the surface of the contents and be equipped with a closure seal
or seals to close the space between the roof edge and container wall. All
; gauging and sampling devices shall be gas-tight except when gauging or sam-
pling is taking place.
(2.0) 129.5 Pumps and compressors.
All pumps and compressors handling volatile organic compounds shall have
' mechanical seals.
i (51.15) 129.6 Ethylene production plants.
; No person shall cause, suffer or permit the emission into the outdoor at-
mosphere of any waste gas stream from any ethylene production plant or
i facility, unless the gas stream is properly burned at no less than 1,300° F
I for at least 0.3 seconds, except that no person shall cause, suffer or permit
! the emission of hydrocarbon gases into the outdoor atmosphere from any vapor
blowdown system unless these gases are burned by smokeless flares.
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, MISCELLANEOUS SOURCES
(51.10) 129.11 Nitric acid plants.
No person shall cause, suffer or permit the emission into the outdoor at-
mosphere, at any time, from any nitric acid production plant or facility, of
nitrogen oxides, expressed as N02, in excess of the rate of 5.5 Ibs. per ton
of acid produced, the production being expressed as 100% HNOg.
(51.18) 129.12 Sulfuric acid plants.
No person shall cause, suffer, or permit the emission into the outdoor at-
mosphere, at any time, from any sulfurlc acid production plant or facility,
of:
(1) Sulfur oxides, expressed as S02, in excess of the rate of 6.5
Ibs. per ton of acid produced, or
(2) Sulfuric acid mist in excess of the rate of 0.5 Ibs. per ton
of acid produced, the production being expressed as 100% HgSO^.
(51.19) 129.13 Sulfur recovery plants.
(a) No person shall cause, suffer or permit the emission into the outdoor
atmosphere, at any time, from any plant used for recovering elemental sulfur*
. from gases containing sulfur compounds, or sulfur oxides, expressed as S02»
in excess of the rate determined by the formula:
A = 0.32E0'5 where:
A = Allowable emissions in Ibs. of sulfur oxides per pound of sulfur
compounds, expressed as S, in the feed gases, and
E = Recovery plant rating in long tons of sulfur per day.
(b) Allowable emissions under this section are graphically indicated in
Figure 1 appended to this Chapter.
(51.13) 129.14 Open burning operations.
(a) No person shall cause, suffer or permit the open burning of any mate-
rial in any air basin.
(b) No person shall cause, suffer or permit the open burning of any mate-
rial in any area outside of air basins in such a manner that:
(1) The emissions are visible, at any time, at the point such emis-
sions pass outside the person's property;
(2) Malodorous air contaminants from the open burning are detectable
outside the person's property;
(3) The emissions interfere with the reasonable enjoyment of life
or property;
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(4) The emissions cause damage to vegetation or property; or
(5) The emissions are or may be deleterious to human or animal
health.
(c) The requirements of subsections (a) and (b) of this section shall not
apply where the open burning operations result from:
(1) Any fire set to prevent or abate a fire hazard, when approved
by the Department and when set by or under the supervision of a public
officer.
(2) Any fire set for the purpose of instructing personnel in fire
fighting, when approved by the Department.
(3) Any fire set for the prevention and control of disease or
pests, when approved by the Department.
(4) Any fire set for the purpose of burning domestic refuse, when
the fire is on the premises of any structure occupied solely as a dwelling
by two families or less and when such refuse results from the normal occu-
pancy of said structure.
(5) Any fire set solely for recreational or ceremonial purposes.
(6) Any fire set solely for cooking food.
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FIGURE 1
SULFUR OXIDES - SULFUR RECOVERY PLANTS
CD
O
O
I-H
f-
(X
II
nils
O.
o
A = ALLOWABLE EMISSIONS, LBS.S02/LB. S
•30-
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(4.0)
(2.0)
(4.0)
(4.0)
CHAPTER 131. AMBIENT AIR QUALITY STANDARDS
131.1 Purpose.
The purpose of this Chapter is to:
(1) Establish the maximum concentrations of air contaminants that
shall be permitted to exist in the ambient air, at the point of its use,
under various conditions and in various areas of this Commonwealth.
(2) Provide standards against which existing air quality may be
compared.
131.2 National ambient air quality standards.
National Ambient Air Quality Standards promulgated by the Administrator of
the United States Environmental Protection Agency pursuant to the provisions
of the Clean Air Act, are hereby incorporated, by reference, as part of the
standards in 131.3 of this Title (relating to ambient air quality standards).
131.3 Ambient air quality standards.
The following standards shall apply and unless otherwise stated, are maxi-
mum values that shall not be exceeded:
Concentrations Averaged Over
Contaminant
Settled particulate
(total)
Lead
Beryllium
Sulfates (as H,SOJ
Fluorides * *
(total soluble,, as HF)
Hydrogen sulfide
1-Year
30-Days
24-Hours 1-Hour
2 2
0.8 mg/cm /mo. 1.5 mg/cm /mo.
3
0.01 ug/m3
10 ug/m3
30 ug/m
5 ug/m3
O.OOSppm 0.1ppm
(2.0)
131.4
ication of ambient air quality standards.
The values specified in 131.2 and 131.3 of this Title (relating to ambient
air quality standards) shall be considered as representing minimum quality,
not necessarily desirable quality. Nothing contained in this Chapter shall
be construed to preclude the Department from enforcing or applying any pro-
vision of this Article in areas where the ambient air quality is, or will be,
at concentrations less than those specified in 131.2 and 131.3 of this Title
(relating to ambient air quality standards).
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(13.0) * CHAPTER 135. REPORTING OF SOURCES
(1.0) 135.1 Definitions.
The following word, when used in this Chapter, shall have the following
meaning, unless the context clearly indicates otherwise:
Modification - Any alteration which will, or might reasonably be ex-
pected to, change the amount, effect or characteristics of the air contamin-
ants discharged.
(2.0) 135.2 Applicability to sources.
This Chapter applies to all sources except:
(1) Any mobile source.
(2) Any source that emits non-specific particulate matter only and
for which the potential emission rate is less than 5 Ibs. per hour.
(3) Any source that emits inert gases only, such as argon, carbon
dioxide, helium, krypton, neon, nitrogen, oxygen, and xenon.
(4) Any combustion unit rated at less than 2,500,000) $TU per hour
of heat input.
(5) Any source used in residential premises designed to house four
or less families.
(6) Other sources and classes of sources determined to be of minor
significance by the Department.
(13.0) 135.3 Reporting.
(a) Any person who owns or operates a source, to which this Chapter ap-
plies, shall submit to the Department a source report within 120 days after
the receipt of a source reporting form, unless a time extension has been
granted by the Department. Source reports shall be made on source report-
ing forms and shall be complete.
(b) Any person who has received a source reporting form or any person
who has reported a source to the Department pursuant to the requirements of
subsection (a) of this section shall comply with the requirements of sub-
section (a) of this section within 90 days of the acquisition and operation
of any additional source.
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(13.0)
(c) Any person who has reported a source to the Department pursuant to
the requirements of subsection (a) of this section, shall report any modifi-
cation to, installation of any air cleaning device on, or permanent cessa-
tion in operations of said source within 90 days after the completion of
such modification or Installation or cessation; reports concerning such
modification or installation shall contain sufficient pertinent information
to enable the Department to determine the effect on emissions of the modifi-
cation or installation.
135.4 Reporting forms and guides.
A statement of guidelines, reporting forms and instructions shall be pub-
lished and made available by the Department. The statement shall serve as
a basic manual of guidance for the reporting of information required by this
Chapter.
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(8.0) CHAPTER 137. AIR POLLUTION EPISODES
(2.0) 137.1 Purpose.
The purpose of this Chapter is to prevent the excessive build-up of air
pollutants during air pollution episodes, thereby preventing the occurrence
of an emergency due to the effects of these pollutants on the health of
persons.
(9.0) 137.2 Monitoring facilities.
The Department shall publish and make available information on the loca-
tion of air quality monitoring facilities designated by the Department for
the purposes of this Chapter. Information on the sampling techniques em-
ployed at these facilities shall also be published and made available.
(8.0) 137.3 Episode criteria.
Conditions justifying the declaration of a Forecast shall be deemed to
exist whenever the Department determines that the meteorological conditions
are such that the ambient air contaminant concentrations in any part of any
air quality control region can be expected to substantially increase above
normal levels. Conditions justifying the declaration of an Alert, Warning
or Emergency shall be deemed to exist whenever the Department determines
that the concentration of ambient air contaminants in any part of any air
quality control region is attaining or has attained levels which could, if
such levels are sustained or exceeded, lead to a substantial threat to the
health of persons. In making these determinations, the Department shall be
guided by the following criteria:
(1) Forecast level - A Forecast shall be declared when the meteor-
ological conditions are such that ambient air contaminant concentrations
can be expected to substantially increase above normal levels.
(2) Alert level - An Alert should be declared when one of the follow-
ing levels is reached at a designated air quality monitoring facility:
- 0.3 ppm, 6-hour average, or
Particulate matter - 4 COHS, 6-hour average, or
S02 and partlculate matter combined - product of
S02 ppm, 24-hour average, and COHS, 24-hour average,
equal to 0.3, or
N02 - 0.2 ppm, 24-hour average
and meteorological conditions are such that pollutant concentrations can be
expected to remain at the above levels for twelve (12) or more hours of in-
crease unless control actions are taken.
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(3) Warning level - A Warning should be declared when any one of
the following levels is reached at a designated air quality monitoring fa-
cility: , ,
(8.0)
- 0.5 ppm, 6-hour average, or
Particulate matter - 6 COHS, 6-hour average, or
S02 and parti cul ate matter combined - product of
S02 ppm, 24-hour average, and COHS, 24-hour average,
equal to 0.9, or
CO •> 30 ppm, 8-hour average, or
Oxidants - 0.25 ppm, 4-hour average, or
N02 - 0.3 ppm, 24-hour average
and meteorological conditions are such that pollutant concentrations can be
expected to remain at the above levels for twelve (12) or more hours or in-
crease unless control actions are taken.
(4) Emergency level - An Emergency should be declared when any one
of the following levels is reached at a designated air quality monitoring
facility:
S02 - 0.6 ppm, 24-hour average, or
Particulate matter - 7 COHS, 24-hour average, or
S02 and particulate matter combined - product of
S02 ppm, 24-hour average, and COHS, 24-hour average,
equal to 1.4, or
CO - 40 ppm, 8-hour average, or
Oxid,ants - 0.35 ppm, 4-hour average, or
N02 - 0.4 ppm, 24-hour average
and meteorological conditions are such that this condition can be expected to
continue for twelve (12) or more hours.
(5) Termination - Once declared, any level reached in accordance
with these criteria should remain in effect until the criteria for the Alert
level are no longer met and meteorological conditions are such that pol-
lutant concentrations can be expected to decrease.
137.4 Stand-by plans.
(a) The provisions of this section shall apply to the following classes of
sources:
(1) Coal or oil-fired electric generating facilities.
(2) Coal or oil-fired steam generating facilities rated at more
than 100 million BTUs per hour of heat input.
(3) Manufacturing industries of the following classifications which
employ more than 20 employees at any one location:
(i) Primary and secondary metals industries.
(ii) Petroleum refining and related industries.
(iii) Chemical and allied products industries.
(iv) Paper and allied products industries.
(v) Glass, clay and concrete products industries.
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(4) Municipal and commercial refuse disposal and salvage operations
other than incinerators rated at less than 1,000 pounds per hour of refuse.
(5) Other sources determined to be of significance by the Depart-
ment, the persons responsible for these sources shall be so advised by the
Department.
(b) Any person responsible for the operation of a source shall prepare
stand-by plans for reducing the emission of air contaminants from that source
during Alert, Warning, and Emergency levels. The plans shall be designed to
reduce or eliminate the emissions of air contaminants in accordance with the
objectives set forth in Tables 1,2, 3 and 4 appended to this Chapter. The
plans shall be in writing on forms published and distributed by the Depart-
ment and shall identify the approximate amount of reduction of various air
contaminants and a description of the manner in which the reductions will be
achieved.
(c) Stand-by plans for sources located 1n air basins shall be submitted to
the Department within 240 days from the effective date of this Chapter or
within a time period specified by the Department in an order. Stand-by plans
for sources subject to the provisions of 127.11 of this Title (relating to
requirements for plan approval) shall be submitted to the Department in ac-
cordance with 127.12 (a) (7) of this Title (relating to contents of appli-
cation for plan approval).
(d) Stand-by plans for sources not subject to the provisions of subsection
(c) of this section shall be submitted to the Department within a time period
specified by the Department in an order.
(e) If the Department determines that a stand-by plan does not provide for
effectively achieving the objectives set forth in Tables 1, 2, 3 and 4, the
Department may disapprove the plan, state its reasons for such disapproval and
either order the preparation of an amended plan within a time period specified
in the order or issue, by order, a plan to replace the disapproved plan.
(f) The Department may amend or otherwise change any stand-by plan if it
determines that good cause exists for such action. Any such amendment or
change shall be in writing and shall be accompanied by a notice of sufficient
cause for the action.
(g) During a Forecast, Alert, Warning or Emergency level, the stand-by
plan shall be made available by the person responsible for the source to any
employee of the Department on the premises of the source.
(2.0) 137.5 Implementation of emission reduction procedures.
(a) When the Department declares that a Forecast, Alert, Warning or Emer-
gency level exists in any area of the Commonwealth, the person responsible
for the operation of a source whose emissions may affect air quality in such
area shall implement the stand-by plan required by 137.4 of this Title (re-
lating to requirements for stand-by plans) for that source.
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(b) Any person responsible for the operation of a source not required to
prepare a stand-by plan in accordance with the provision of 137.4 of this
Title (rotating to requirements for stand-by plans) shall, when the Depart-
ment declares that a Forecast, Alert, Warning or Emergency level exists in
an area of the Commonwealth in which such source is locateds implement
applicable emission reduction procedures in accordance with the objectives
of Tables 1, 2, 3 and 4.
TABLE 1 - FORECAST LEVEL ACTIONS
Prepare for the implementation of stand-by plans for an Alert.
TABLE 2 - ALERT LEVEL ACTIONS
Part A. General requirements
1. No open burning of any material.
2. Limit incineration to the hours between 12 n. and 4 p.m.
3. Limit soot blowing and boiler lancing of combustion units to the
hours between :12 n. and 4 p.m.
4. Substantially reduce the emissions of air contaminants by reduction
of operating levels.
5. Substantially reduce space heating and cooling requirements.
6. Reduce to a minimum the emissions of air contaminants from sources
which are not in compliance with the emission limitations set forth
in this Article and from sources operating under a temporary variance
'granted by the Department.
7. Defer or postpone operations that can be deferred or postponed.
8. Reduce use of electricity.
9. Eliminate unnecessary operations of motor vehicles.
10. Prepare for the implementation of stand-by plans for a Warning.
Sources listed below shall take the indicated control actions in addition
to taking the actions listed in Part A of this Table.
Source Control Actions
1. Thermal electric generating facilities a. Switching to low ash and low
sulfur fuel.
b. Maximum shifting of load from
old (high polluting) units to
hew (low polluting) units.
c. Maximum shifting of load to
facilities outside the Alert
area.
2. Industrial boilers Switching to low ash and low
sulfur fuel.
3. Blast furnaces Substantial reduction of pro-
duction.
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.Source
4. Coke ovens
5. Sinter plants
6. Steel making furnaces
7. Slag quenching
Control Actions
Substantial increase of coking
time.
a. Substantial reduction of pro-
duction.
b. Switching to low sulfur ore,
coal and coke.
a. Substantial reduction of pro-
duction.
b. Substantial reduction of oxy-
gen usage.
c. Switching to low sulfur fuel.
Cease operations.
TABLE 3 - WARNING LEVEL ACTIONS
Part A. General requirements
1. Continue all control actions taken for Alert level.
2. Cease incineration of any solid or liquid waste.
3. Reduce to a minimum the emissions of air contaminants by ceasing, curtail-
ing, postponing or deferring all operations to the extent possible with-
out causing injury to persons or damage to equipment.
4, Reduce to a minimum space heating and cooling requirements.
5. Reduce to a minimum the use of electricity.
6. Use car pools and public transportation for necessary travel.
7, Prepare for the implementation of stand-by plans for an Emergency.
Part B. Requirements for specific sources
Sources listed below shall take the Indicated control actions in addition
to taking the actions listed in Part A of this Table.
Source
1. Thermal electric generating facilities
2. Blast furnaces
3. Coke ovens
Control Actions
Substantially reduce power
supplies to users outside the
Warning area.
Maximum reduction of product-
ion.
Cease charging and pushing to
the extent possible without
causing damage to equipment;
in the event that ovens must be
pushed and charged to generate
enough gas for underfiring, use
the ovens in best repair with
respect to the emission of air
contaminants.
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4. Sinter plants Cease production,
5. Steel making furnaces Cease production to the ex-
tent possible without caus-
ing damage to equipment.
6. Mines and quarries Maximum reduction of opera-
tions without causing damage
to equipment.
TABLE 4 - EMERGENCY LEVEL ACTIONS
Part A. General requirements
1. Continue all control actions taken for Warning level.
2. At all places of employment, immediately cease operations to the extent
possible without causing injury to persons or damage to equipment except
that the following establishments may remain in operation:
(a) Commercial establishments engaged in selling or distributing food or
medical and surgical supplies.
(b) Those governmental and semi-governmental offices determined by the
head of the respective governments or of the respective semi-govern-
mental agencies to be vital for public safety or welfare or for the
enforcement of the provisions of this Article.
(c) Those engaged in rendering medical or surgical services.
3. Cease operations of motor vehicles except in emergencies, when approved by
police officials.
Part B. Requirements for specific sources
Sources listed below shall take the Indicated control actions in addition to
taking the actions listed 1n Part A of this Table
Source Control Action
Thermal electric generating facilities Maximum reduction of power
supplies to users outside
the Emergency area.
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(9.0) CHAPTER 139. SAMPLING AND TESTING
GENERAL
(9.0) 139.1 Sampling facilities.
Upon the request of the Department, the person responsible for a source
shall provide adequate sampling ports, safe sampling platforms and adequate
utilities for the performance by the Department of tests on such sources.
The Department shall set forth, in the request, the time period within which
the facilities shall be provided as well as the specifications for the said
facilities.
(9.0) 139.2 Sampling by others.
Sampling and testing done by persons other than the Department may be ac-
cepted by the Department provided that:
(1) The Department has been given reasonable notice of the sampling
and testing and has been given reasonable opportunity to observe and partici-
pate in the sampling and testing.
(2) The sampling and testing is conducted under the direct super-
vision of persons qualified, by training and experience, to conduct such
sampling and testing.
(3) Procedures for the sampling and testing are in accord with the
provisions of this Chapter.
(4) The reports of the sampling and testing are accurate and compre-
hensive.
(2.0) 139.3 General requirements.
(a) The Department shall use the methods set forth in this Chapter to
assess emissions from stationary sources or ambient levels of air contami-
nants.
(b) The Department shall publish a supplement to this Chapter containing
detailed information on source test methods and procedures and indicating
the information that should be contained in a report of emissions.
(c) The performance standards for stationary sources set forth in this
Chapter permit freedom 1n ,the selection of equipment and consistency in ob-
taining accurate results which are representative of the conditions under
which a source is evaluated.
(d) The sampling and analytical procedures employed to measure ambient
levels of air contaminants shall be consistent with obtaining accurate re-
sults which are representative of the conditions being evaluated.
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j (2.0) 139.4 References.
i The following are references referred to in this Chapter:
i
• (1) "Standards of Performance for New Stationary Sources," Federal Register,
i Part II, Volume 36, No. 247, pp. 24876 - 24895, December 23, 1971, Washington,
j D.C.
i
\ (2) Devorkin, H., et al. "Air Pollution Source Testing Manual," Los
j Angeles Air Pollution Control District, Second Printing, November 1965.
j (3) "Standard Method for Sampling Stacks for Particulate Matter," American
{ Society for Testing Materials, D 2928 - 71, 1916 Race Street, Philadelphia,
: Pennsylvania.
i
i (4) Jacobs, M. D. et al., "Ultramicrodetermination of Sulfides in Air,"
j Anal. Chem., 29:1349 (1957).
(5) "Air Sampling Instruments." 2nd. ed., American Conference of Govern-
• mental Industrial Hygienists, 1014 Broadway, Cincinnati 2S Ohio, 1962, pp.
I B-3-12-B-3-14.
! (6) "Recommended Standard Method for Continuing Dust Fall Survey (APM-1,
1 Revision 1)9" TR-2 Air Pollution Measurements Committee, J. Air Poll. Control
1 Assoc.,- 16:372 (1966).
!
(7) "Air Pollution Measurements of the National Air Sampling Network:
\ Analyses of Suspended Partlculates 1957 - 1961," Public Health Service Pub.
! No. 978, Washington, D.C., 1962.
I
! (8) Interbranch Chemical Advisory Committee, "Selected Methods for the
Measurement of Air Pollutants," PHS Pub. No. 999-AP-ll, Cincinnati, Ohio, 1965,
p. 1-1.
(9) "Standard Method of Test for Inorganic Fluoride in the Atmosphere,"
ASTM Standards on Methods of Atmospheric Sampling and Analyses, Philadelphia,
: Pennsylvania, 19629 p.67.
STATIONARY SOURCES
(2.0) 139.11 General requirements.
i
The following are applicable to source tests for determining emissions from
1 stationary sources:
(1) All performance tests shall be conducted while the source is operating
at maximum routine operating conditions or under such other conditions, within
the capacity of the equipment, as may be requested by the Department.
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(2) The Department shall consider for approval test results where suffi-
cient information is provided to verify the source conditions existing at
the time of the test and where adequate data is available to show the manner
in which the test was conducted. Information submitted to the Department
shall include, as a minimum:
(i) A thorough source description, including a description of any
air cleaning devices and the flue.
(ii) Process conditions, e.g., charging rate of raw materials or
rate of production of final product, boiler pressure, oven temperature and
other conditions which may affect emissions from the process.
(iii) The location of the sampling ports.
(iv) Effluent characteristics, including velocity, temperature,
moisture content, gas density (%CO, 003, 03 and N2), static and barometric
pressures.
(v) Sample collection techniques employed, including procedures
used, equipment descriptions and data to verify that isokinetic sampling
for particulate matter collection occurred and that acceptable test condi-
tions were met.
(vi) Laboratory procedures and results.
(vii) Calculated results.
(50.1) 139.12 Emissions of particulate matter.
The following are applicable to tests for determining emissions of partic-
ulate matter from the stationary sources:
(1) Test methods for particulate emissions shall include both dry fil-
ter(s) and wet impingers and provide for at least a 95% collection effi-
ciency of particulate matter.
(2) Isokinetic sampling procedures shall be used in sampling for partic-
ulate matter emissions and the weights of all soluble and insoluble partic-
ulate determined gravimetrically after removal of uncombined water.
(3) Test methods and procedures shall be equivalent to or modified to
produce results equivalent to those which would be obtained by employing the
procedures specified in 139.4 (1) and (2) of this Title (relating to refer-
ences). The equipment shall be inert where appropriate and similar to that
specified in 139.4 (1) - (3) of this Title (relating to references).
(4) The minimum sampling time shall be one hour and the minimum sample
volume shall be 50 cubic feet corrected to standard conditions (dry basis).
-------
(50.2)
(50.3)
(50.0)
(5) Results shall be reported as pounds of particulate matter per hour and
1n accordance with units specified 1n 123.11 - 123.13 and 129.12 of this Title
(relating to standards for contaminants and sources).
and N02.
139.13 Emissions of S02> I
The following are applicable to tests for determining emissions of S02, H2S
and N02 from stationary sources:
,0) Test methods for S02, H2$ and N0? shall provide for at least 95% col-
lection efficiency of oxides of sulfur, hydrogen sulfide and oxides of nitro-
gen, respectively.
(2) Sample collection for S02 shall be at a rate proportional to the stack
gas velocity and the weight of oxides of sulfur shall be determined gravir
metrically.
(3) Test mathods and procedures for SO? shall be equivalent to or modified
to produce results equivalent to those which would be obtained by employing
the procedures specified 1n 139.4 (2) of this Title (relating to references).
The equipment shall be Inert where appropriate and similar to that specified
1n 139.4 (2) of this Title.
(4) Sample colletion for H?S shall be at a rate proportional to the stack
gas velocity and the weight of hydrogen sulfide shall be determined colori-
metrically.
(5) Test methods and procedures for H2S shall be equivalent to or modified
to produce results equivalent to those which would be obtained by employing
the procedures specified In 139.4 (4) of this Title (relating to references).
The equipment shall be inert where appropriate and similar to that specified
in 139.4 (2) of this Title (relating to references).
(6) For determining emissions of SO? and H2SS the minimum sampling time
shall be one hour and the minimum sample volume shall be 30 cubic feet cor-
rected to standard conditions (dry basis).
(7) Test mathods and procedures and equipment for N02 shall be similar to
those specified in 139,4 (1) of this Title (relating to references).
(8) Results shall be reported as pounds per hour of SOX as S02 pounds per
hour of H2S, or pounds per hour of NOx as N02 and in accordance with units
specified in 123.21 - 123.23.24 and 129.11 - 129.13 of this Title (relating
to standards for contaminants and sources).
139.14 Emissions of other air contaminants.
Test methods and procedures may be modified for determining emissions of con-
taminants other than partlculate matter, S0?s H2S and N02 from stationary
sources in any manner consistent with accepted air pollution testing practices
and with obtaining accurate results which are representative of the conditions
evaluated. Such modifications shall be subject to the approval of the Depart-
ment and shall be clearly Indicated in the report of test results.
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j FUGITIVE PARTICULATE MATTER
| (50.1) 139.21 Emissions of fugitive particulate matter.
] The following are applicable to tests for determining fugitive particulate
! matter emissions:
(1) Test methods and procedures and equipment for fugitive particulate
] matter shall be equivalent to those specified in 139.4 (5) of this Title (re-
i latlng to references).
I (2) The concentration of particulate matter shall be determined by counting
'. and the results shall be reported 1n accordance with the requirements of 123.2
of this Title (relating to standards for contaminants).
(3) Samples to determine background fugitive particulate matter concen-
trations shall be taken upwind of the source(s).
AMBIENT LEVELS OF AIR CONTAMINANTS
; (2.0) 139.31 General.
i The provisions of 139.32 and 139.33 of this Title (relating to sampling and
; analytical procedures) are applicable to methods for determining ambient
levels of air contaminants.
i
(9.0) 139.32 Sampling and analytical procedures.
(a) The following sampling and analytical techniques may be used directly
or employed as reference standards against which other methods maybe cali-
brated:
; Contaminant Sampling Method Analytical Method
Settled particulates (total) Open top cylinder (6) Gravimetric (6)
Lead High-volume filtration (7) Spectrographic (7)
Beryllium High-volume filtration (7) Spectrographic (7)
Sulfates (as H2S04) High-volume filtration (7) Turbidimetric (8)
Fluorides (total soluble, Filtration plus gas Thorium-alizarin
as HF) absorption (9) lake titration (9)
Hydrogen sulfide Gas absorption (4) Methylene blue
method (4)
(b) The numbers following the reference standards in subsection (a) of
this section refer to references contained in 139.4 of this Title (relating to
references).
(2.0) 139.33 Incorporation of federal procedures.
Sampling and analytical procedures promulgated by the Administrator of the
United States Environmental Protection Agency pursuant to the provisions of
the Clean A1r Act are hereby Incorporated, by reference, as part of the tech-
niques listed In 139.32 (a) of this Title (relating to sampling and ana-
lytical procedures).
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(5.0) CHAPTER 141. VARIANCES AND ALTERNATE STANDARDS
Authority
GENERAL
(2.o) 141.1 Imposing alternate standards authorized.
The Department may by order.impose standards more stringent than those set
forth in this Article for any source or class of sources, upon the petition
of any person or upon its own motion, where:
(1) Such alternate standard is reasonable related to the attainment of any
ambient air quality standard contained in this Article within the time limits
required by the Clean Air Act for the attainment of such ambient air standard,
or is reasonably related to the maintenance of any such ambient air standard.
(2) Such alternate standard can be attained through the proper use of best
available technology; or,
(3) Such alternate standard is necessary to protect the public health,
safety or welfare.
(5.0) 141.2 Granting temporary variances authorized.
(a) The Department may grant a temporary variance from any standard or
requirement set forth in this Article upon the petition of the owner or opera-
tor of the air contamination source for which such a variance is sought.
(b) The Department shall grant any petition for a temporary variance, in
whole or in part,, upon a review of the petition and accompanying material, and
upon any additional investigations which the Department may conduct, provided
the Department finds that:
(1) Such action will not prevent or interfere with attainment or
maintenance of any ambient air quality standard contained in this Article,
within the tima prescribed for the attainment of such ambient air quality
standard by the Clean Air Act,
(2) The quantity and level of emissions from the source at the ex-
piration of the temporary variance are likely to comply with the applicable
standards of this Article;
(3) Such action is reasonable, considering the toxicity and other
effects of such emissions on the public health, safety and welfare, the mete-
orological factors affecting the dispersion of the emissions, the land use
characteristics of the areas affected by the emissions, efforts taken by the
petitioner to comply with, those orders and regulations of the Department that
were in effect prior to the effective date of this Chapter and that are re-
lated to those contaminants which are the subject of the petition, the status
of compliance of the petitioner, and any other relevant factors.
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(5.0) 141.3 Conditions of variances.
A temporary variance may be granted upon such reasonable terms and condi-
tions as the Department may specify, including, but not limited to, the fol-
lowing:
(1) The gradual reduction of emissions during the variance period;
(2) The reduction, cut back or alteration of operations giving rise to the
emissions for which the variance is sought;
(3) The development of new air pollution control technology;
(4) The submission of periodic progress reports of the steps taken in
reduce emissions; and
(5) The sampling of emissions and the monitoring and recording of the emis-
sions and any operating conditions that may affect the emissions, at such
locations, at such intervals of time and in accordance with such methods and
procedures as the Department may prescribe, and the submission of the results
thereof to the Department.
(5.0) 141.4 Period of variance.
(a) Any temporary variance granted pursuant to this Chapter shall be
granted for a period of time not to exceed three (3) years, and may be re-
newed for only one (1) additional period of time not to exceed the period of
time for which the variance was originally granted or two (2) years, which-
ever is shorter.
(b) A petition for the renewal of a temporary variance shall be submitted
to the Department at least sixty (60) days prior to the expiration of the
period for which the variance was originally granted, and shall comply with
the requirements of 141.11 of this Title (relating to filing petitions for
variances).
(2.0) 141.5 Stay of prosecution.
(a) A petition which complies with the requirements of 141.11 of this
Title (relating to filing petitions for variances), and which is received by
the Department within 6 months of the effective date of this Chapter, shall
operate prospectively as an automatic stay of prosecution for violations of
those provisions of this Article with respect to which the variance is sought,
until one year after the effective date of this Chapter or until the Depart-
ment takes action on such petition, whichever occurs first, except that the
filing of a petition for a variance, or the grant thereof, shall not relieve
the petitioner from full compliance with any orders and permits heretofore
issued or any stipulations and agreements heretofore entered into by the De-
partment, nor shall such filing in any way preclude the Department from pur-
suing any and all remedies available to it, at law or in equity, to enforce
such orders, permits, stipulations or agreements.
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(b) The filing of a petition for a renewal or extension of.any existing
variance shall in no case operate as a stay of prosecution and if the Depart-
ment fails to act on any such petition before the expiration of the original
variance period, then such petition shall be deemed denied in its entirety.
(5.0) 141.6 Revocation and modification of variance.
. The Department may, for good cause, revoke, modify, amend or change„ in
whole or in part, any variance granted pursuant to this Chapter. Without
intending to limit the generality of the immediately preceding sentence, the
failure to perform, within the time specified for such performance, any con-
dition or requirement attached to the grant of a variance, shall constitute
sufficient cause to revoke such variance.
(8.0) 141.7 A1r pollution episodes.
The provisions of this Chapter shall not be construed to prevent or limit
the application of the provisions of Chapter 137 of this Title (relating to
air pollution episodes).
PETITION FOR VARIANCE '
(13.0) 141.11 Filing.
(a) Unless provided otherwise by the Department, an original and two con-
formed copies of each petition for variance shall be filed with the Department.
(b) The petition shall include or be accompanied by the following informa-
tion:
(1) The name, address and telephone number of the petitioner and any
other person authorized to receive notices.
(2) The type and location of the operations giving rise to the emis-
sions for which a temporary variance is sought, including a description of the
process or activity giving rise to such emissions.
(3) The quantity and nature of such emissions.
(4) Each provision of this Article from which a temporary variance
is sought.
(5) A detailed plan setting forth all steps the petitioner proposes
to take to reduce such emissions to a level permitted by this Article, in-
cluding a schedule indicating the dates upon which each intermediate step shall
be completed and the date upon which full cpmpliance with the standards and
requirements of this Article shall be achieved.
(6) The reasons why the petitioner feels full compliance with the
standards and requirements of this Article cannot be attained at any time
prior to the date of full compliance set forth 1n petitioner's plan.
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(7) Any and all other Information and data which the Department may
reasonably require.
(13.0) 141.12 Notice of filing.
(a) Any person filing a petition with the Department pursuant to 141.11 of
this Title (relating to filing petitions for variances), which seeks a vari-
ance for a period in excess of eighteen (18) months from the date such petition
is received by the Department, or a petition for the renewal or extension of a
variance, shall advertise notice of the filing of the petition on at least
three separate days in a prominent place and size in one newspaper of general
circulation in the county in which the source for which the variance is sought
is located.
(b) The advertisement required by subsection (a) of this section shall be
completed within one week of the filing of the petition, and proof of said
publication shall be filed with the Department within one week thereafter.
No petition shall be entertained by the Department in the event of failure by
petitioner to submit such proof of publication within the required time.
(c) In appropriate cases, the Department shall publish notice of the filing
of applications in the Pennsylvania Bulletin,
(2.0) 141.13 Contents of notice.
The advertisement of notice of filing required by 141.12 of this Title (re-
lating to notice of filing petitions for variances) shall include the follow-
ing:
|1) Name and address of petitioner.
(2) Location and name of the plant or facility at which the source is loca-
ted.
(3) A brief description of the source for which the variance is sought.
(4) The specific regulation from which the variance is sought.
(5) A brief statement of the reasons why a variance, as petitioned for, is
necessary. '
(6) A statement that any person may oppose the petition for the variance
by filing a written protest with the Department of Environmental Resources,
Bureau of Air Quality and Noise Control, Division of Abatement and Compliance,
Room 907 Health and Welfare Building, Harrisburg, Pennsylvania 17105.
PROTESTS
(13.0) 141.21 Filing.
A protest to a petition for a variance shall be filed with the Department in
duplicated within 30 days of the last day that notice of the filing of such
petition was advertised pursuant to 141.12 of this Title (relating to notice
of filing petitions for variances).
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(2.0} 141.22 Form.
Each protest shall include the following:
(1) Nama, address and telephone number of the person filing such protest.
(2) Identification of the petition being opposed.
(3) Concise statement of the objections to the petition.
(4) Concise statement of the relevant facts upon which the objections are
based.
(5) Name and date of publication alerting such person of the filing of the
petition.
(2.0) 141.23 Consideration of protest.
(a) A protest is intended solely to alert the Department to the fact and
nature of the objection of the protestant to the petition.
(b) The Department shall not be required to consider protests filed subse-
quent to the time designated in 141.21 of this Title (relating to filing of
protests), but it may consider them if filed prior to action on the petition.
(c) It shall not be necessary for the Department to respond to any protest
filed.
CONFERENCES AND HEARINGS
(16.0) 141,31 When held.
Prior to taking action on any petition for a variance, the Department may,
in its discretion, hold a fact finding conference or hearing at which the
petitioner and any person who has properly filed a protest pursuant to 141.21
of this Title (relating to filing of protests) may appear and give testimony.
provided, however, that in no event shall the Department be required to hold
such a conference or hearing.
(16.0) 141.32 Location.
Conferences and hearings shall be held at such location as shall be most
convenient to the participants and, if suitable, shall be held in an office
of the Departmant.
(16.0) 141.33 Notice.
The petitioner,1 protestants and other participants shall be notified of the
time, place and purpose of a conference or hearing in writing or by publica-
tion in a newspaper or the Pennsylvania Bulletin except where the Department
determines that notification by telephone shall be sufficient.
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I (16.0) 141.34 Procedure.
I (a) All conferences arid hearings shall be conducted by a presiding officer.
? (b) Except where provided otherwise in the notice or by the presiding of-
j ficer, all conferences and hearings shall be conducted in an informal manner
I and the rules of evidence shall not be applicable.
I (c) When provided in the notice, each participant may be required to pre-
* sent a written statement, together with any exhibits required, at the confer-
j ence or hearing for the use of the participants. Persons unable to attend the
5 conference or hearing may submit three copies of a written statement and ex-
! hibits within five (5) days thereafter.
(d) At any such conference or hearing, any participant, at his or her own
, cost, shall have the right to have the proceedings recorded verbatim by a
stenographer, tape recorder or other means.
; (13.0) 141.35 Record.
(a) Following the conference or hearing, the presiding officer shall pre-
pare a summary which shall contain the following:
: (1) Identification of the petition and nature and location of the
project or activity to be approved.
i
I (2) Names and addresses of each participant and whom they represent.
(3) Substance of opening and closing statement by presiding officer.
(4) Substance of the matters discussed or testified to and any
agreements entered into by any of the participants.
(5) Such other relevant matters to Inform the Department of the re-
sults of the conference or hearing.
(b) A copy of the summary shall be submitted upon request to each partici-
; pant in the proceeding. Copies of the summary together with any transcript
of the proceedings, written statements, exhibits and protests shall also be
placed in the file in the appropriate office or offices in the Department for
; review by the Department prior to taking action on the petition.
ACTIONS AND APPEALS
' (2.0) 141.41 General
After reviewing the petition and any protests or record of any conference
or hearing held, the Department shall take such action as shall be authorized
by 141.2 - 141.4 of this Title (relating to granting of variances).
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(2.0) 141.42 Form of action.
(a) The action of the Department on any petition for variance from the re-
quirements of this Article shall be contained in a written order or notice
directed to the petitioner.
(b) The order or notice shall contain or be accompanied by a written state-
ment as to any appeal procedures that may be available to any person who may
be affected by such action and shall designate the office where appeals shall
be filed.
(2.0) 141.43 Notice of action..
(a) Orders and notices granting a petition for variance, in whole or in
part, shall be served, upon the petitioner and each protestant who has com-
plied with 141.21 and 141.22 of this Title (relating to filing of protests),
personally or by mailing a copy to the address set forth in the petition or
protest.
(b) The Department may also publish notice of its action in a newspaper of
general circulation in the county where the source for which a variance was
sought is located or in the Pennsylvania Bulletin which shall be deemed notice
to any person except a petitioner or protestant. Such notice shall be ef-
fective as of the date of publication of such notice.
(2.0) 141.44 Appeals.
action taken by the Department on any petition for a variance filed pur-
suant to this Chapter may be appealed to the Environmental Hearing Board by
the petitioner, by any protestant or by any other aggrieved person without re-
gard to the nature of such person's interest in the action. All such appeals
shall be governed by the provisions of Chapter 21 of this Title (relating to
rules of practice and procedure).
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CITY OF PHILADELPHIA
AIR MANAGEMENT REGULATIONS
OF THE
AIR POLLUTION CONTROL BOARD
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REGULATIONS OF THE AIR POLLUTION CONTROL BOARD
CITY OF PHILADELPHIA, PENNSYLVANIA
These regulations are adopted pursuant to Section 5-302 of the Philadelphia
Home Rule Charter, which reads as follows:
"The Air Pollution Control Board shall advise the Department of Public
Health and the Board of Health on all matters pertaining to the control of air
pollution and shall make reasonable regulations, not contrary to a statute or
ordinance or to the regulations of the Board of Health."
These regulations are also adopted pursuant to Title 3, Air Management
Code, of the Philadelphia Code, specifically, Section 3-302, which reads in part
as follows:
"The Air Pollution Control Board shall have the following powers and du-
ties:
(1) To promulgate regulations, implementing this Title, preventing degrad-
ation of air quality, preventing air pollution, eliminating air pol-
lution nuisances and limiting, controlling, or prohibiting the emis-
sion of air contaminants to the atmosphere from any sources ..." and
(2) To promulgate regulations to establish' objectives for the quality of
community air, to establish areas where objectives are applicable, and
limiting, prohibiting or otherwise controlling emissions to achieve
this quality of air ..."
(2.0) REGULATION I
GENERAL PROVISIONS
(1.0) Section I - Definitions
A. The following definitions are in the Air Management Code and apply to
the regulations:
(1) Aerosol - A dispersion or suspension of small solid or liquid
particles or any combination thereof in the air or other gaseous
medium.
(2) Ashes - The residue from combustion, including cinders, flyash or
any other solid material resulting from combustion, as well as
partially combusted materials and unburned combustibles.
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(3) A1r Contaminant - Any smoke, soot, flyash, dust, cinders, dirt,
noxious or obnoxious acids, fumes, oxides, gases, mists, aero-
sols, vapors, odors, toxic or radioactive substances, waste,
participate, solid, liquid or gaseous matter, or any other mate-
rials in the outdoor atmosphere.
(4) Air Pollution - The presence in the atmosphere of one or more
air contaminants or combinations thereof in such quantities and
of such duration that they are or may tend to be injurious to
human, plant, or animal life, or property, of that interfere
with the comfortable enjoyment of life or property or the conduct
of business or other human activities. (
(5) Air Pollution Nuisance - The emission or discharge of one or
more air contaminants to the atmosphere meeting one or more of
the following criteria:
(a) In excess of emission standards promulgated by the Air Pol-
lution Control Board;
(b) In such quantity and of such duration that they do or may
tend to:
1. Interfere with health, repose, or safety;
2. Cause severe annoyance or discomfort;
3. Lessen food or water intake;
4. Produce irritation of the upper respiratory tract;
5. Produce symptoms of nausea;
6. Be offensive, or objectionable, or both, to persons
because of inherent chemical or physical properties;
7. Be detrimental or harmful to health, comfort, recre-
ation, living conditions, welfare, or safety;
8. Cause injury or damage to real or personal property
of any kind;
9. Or interfere with the conduct of industry, commerce,
or transportation.
(6) Board - means the Air Pollution Control Board.
(7) Cinders - Particles consisting of fused ash or unburned matter.
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(8) Carbon Dioxide (CO?) - A colorless, odorless gas at standard con-
ditions which has the molecular formula
(9) Commercial Fuel - Liquid or gaseous fuel normally produced, manu-
factured, used, or sold for the purpose of creating useful heat.
(10) Condensed Fumes - Minute solid particles generated by the conden-
sation of vapors from solid matter after volatilization from the
molten state, or generated by sublimation, distillation, calcin-
ations or chemical reaction when these processes create airborne
particles.
(11) Department - The Department of Public Health, Health Commissioner
or any authorized representative thereof.
(12) Dust = Solid particles projected into the air and capable of
temporary suspension therein.
(13) Flyash - Partlculate matter capable of being gasborne or airborne
and consisting essentially of fused ash and/or burned or unburned
material.
(14) Fuel - Any combustible matter.
(15) Fuel Burning Equipment - Any device, machine, mechanism or struc-
ture used in the process of burning fuel for indirect heating.
(16) Fuel ^archant - Any person who stores, offers for sale or sells
commercial fuel 1n retail or wholesale trade, excluding agents,
brokers, wholesalers, distributors or producers who sell com-
mercial fuel for use in single steam and/or electric power gen-
erating facilities having rated hourly capacities that equal or
exceed two hundred (200) million BTU gross heat input, or in a
group of steam and/or electric power generating facilities at
one location having a combined rated capacity which equals or
exceeds four hundred and fifty (450) million BTU gross heat in-
put.
(17) Fuel Oil - A liquid or liquefiable petroleum product burned for
lighting or for the generation of heat or power and derived di-
rectly or indirectly from crude oil.
(18) Househol d Appl 1 ances - Any electric or gas operated device, com-
monly used in a dwelling, other than incinerators, heating sys-
tems, or hot water heating systems.
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(19) Incinerators - All devices, Including but not limited to cremato-
ries, Intended or used for the destruction of garbage or other
combustible materials by means of burning, or for the salvage of
materials by means of burning of extraneous materials.
(20) Installation. Equipment or Devices - Any assembly or elements or
components the operation of which does or may directly or indi-
rectly affect the emission of air contaminants to the atmosphere.
(21) Minor Repairs and Alterations - Repair or alteration of any part
of any existing installation, equipment, or device which does
not materially alter the quantity or character of discharge or
emission into the atmosphere of air contaminants.
(22) Mist - A suspension of any finely-divided liquid in any gas or
the atmosphere. ,
(23) Non-Commercial Fuel - Liquid or gaseous fuel not normally pro-
duced, manufactured, used or sold for the purpose of creating
useful heat. '
(24) Odor - Smells or aromas which are unpleasant to persons, or which
tend to lessen human food and water intake, Interfere with sleep,
upset appetite, produce irritation of the upper respiratory
. tract, or create symptoms of nausea, or which by their inherent
chemical or physical nature, or method of processing, are or may
be detrimental or dangerous to health. Odors and smell are used
herein interchangeably.
(25) Open Fires - Any fire from which the products of combustion are
emitted directly into the atmosphere without passing through a
stack or chimney.
(26) Particulate Matter - Any material, liquid or solid, except un-
combined water, which exists in a finely divided form at stan-
dard conditions.
(27) Person - Any individual, natural person, syndicate, association,
partnership, firm, corporation, institution, agency, authority,
departments bureau, or instrumentality of federal, state or
local government or other entity recognized by law as a subject
of rights and duties.
(28) Smoke - Small gas-borne particles resulting from combustion,
consisting of carbon, ash, and other material.
(29) Soot - Agglomerated particles consisting mainly of carbonaceous
material.
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(30) SSU Viscosity - The number of seconds it takes 60 cubic centi-
msters of an oil to flow through the standard orifice of a
Saybolt Universal Viscometer at 100° F.
(31) Stack or Chimney - A flue, conduit or opening permitting partic-
ulate or gaseous emissions into the open air, or constructed or
arranged for such purpose.
(32) Standard Conditions - A gas temperature of 60 degrees Fahrenheit
and a gas pressure of 14.7 pounds per square inch absolute.
(33) Sulfur Dioxide (SO?) - A colorless gas at standard conditions
which has the molecular formula
(34) Vapor - The gaseous form. of a substance which is in the liquid
or solid state at customary atmospheric temperature and pressure.
(35) Viscosity - The measure of a fluid's resistance to flow.
B. In addition to definitions provided in the Air Management Code, the
following definitions apply to these regulations:
(1) Anthracite Coal - A hard, black, lustrous coal containing 85-95%
carbon characterized by its small percentage of volatile matter,
high specific gravity, hardness, nearly metallic luster, rich
black color, and seml-conchoidal fracture. Volatile matter is
usually less than seven (7) percent.
(2) Bituminous Coal - A coal containing 70-85% carbon leaving usually
more than 7 percent volatile matter.
(3) Dosage = Is the summation of the hourly averages of the concen-
tration of a pollutant in the atmosphere for the specified time
in hours.
i
(4) Fugitive Dust - Is any dust released or dispersed into the air by
natural forces or mechanical processes which escapes from the
premises where the dust originated.
(5) PPM°Hrs - (Parts per million-hours). Is the sum of the average
ppm hourly dosages measured for the number of hours stated.
(6) Process Weight - Is 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. "The Process Weight Per Hour1 will be
derived by dividing the total process weight by the number of
hours 1n one complete operation from the beginning of any given
process to the completion thereof, excluding any time during
which the equipment is idle.
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I (7) Process - Is any method, reaction, or operation whereby materi-
j als introduced into the process undergo physical change (i.e.,
I the size, shape, appearance, state or other physical properties
| of the material are altered without changing chemical composi-
! tion) or chemical change (f.e., a substance or substances with
i different chemical composition or properties are formed or
| created). A specific process, independent or production unit,
i is one which includes all of the equipment and facilities nee-
! essary for the completion of the transformation of the materials
| to produce a physical or chemical change. There may be several
! specific processes in series necessary to the manufacture of a
i product. However, where there are parallel series of specific
I processes, the similar parallel specific processes shall be con-
| sidered as a single specific process for emission regulation.
I (8) RUD-Hrs./l.QOO ft. - (Reflectance units of dirt shade-hours per
! 1,000 linear feet of air) is the sum of the hourly RUDs/1,000 ft.
j measured for the number of hours stated. RUDs/1,000 ft. are
; the measured percentage reflectance of the filter tape reduced
i by dividing by the number of thousands of feet of air actually
j drawn through the tape in the test.
j (9) Sailing Index is an expression of the measurement of the light
j reflectance of a stain produced on paper tape through which a
! set rate of air volume has passed for a period of time. The
standard for this expression in these regulations is RUD-hrs./
1,000 ft.
(3.0)(13.C)Section II -Source Registration and Emission Reporting
A. Registration of Emission Sources:
(1) Installation Permits:
(a) No person shall build, erect, install, alter, or replace
any article, machine, equipment, device, or other con-
trivance or appurtenance, the use of which may cause the
issuance of air contaminants or the use of which may elim-
inate, reduce, or control the issuance of air Contaminants
until an Air Management Permit, as specified by the Air
Management Code, has been obtained for such installation
and construction. The permit shall remain in effect as
specified by the Air Management Code.
(b) Within 60 days of the receipt of an application for an in-
stallation permit, the Department shall act to approve or
disapprove the application or notify the applicant that
additional information is required.
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(2) Operating Licenses:
(a) The person responsible for each source of emission of air
contaminants must have a current operating license as speci-
fied by the Air Management Code.
(b) The application for a license to operate a new installation
shall be filed at least two weeks in advance of the date of
initial operation. Prior to the operation of the installa-
tions the Department shall approve or disapprove the appli-
cation, or notify the applicant that the installation is in-
complete with approval withheld pending completion or that
a period of demonstration or test operation is required be-
fore approval may be granted.
(3) Submission of Source Information:
(a) The Department shall establish procedures and forms for use
in the review of applications for permits and licenses.
These procedures shall prescribe the Information to be sup-
plied in order to determine if the proposed Installation
will conform to these regulations.
(b) Information to be given in the pennit or license applica-
tion shall include, but not be limited to, the following:
(1) Description of the proposed installation.
(2) Design capacity of the process equipment including
process weight and process weight per hour.
(3) Expected physical and chemical composition of the
emissions and pertinent design criteria such as dis-
charge rate9 concentration, voluma and temperature.
(4) Type and general characteristics of the air pollution
control equipment.
(5) Description and evaluation of the location of the dis-
charge point of emissions of air contaminants and other
factors relating to the dispersion and diffusion of
air contaminants in the atmosphere.
(6) The relation of the discharge point to nearby struc-
tures and topography if necessary to appraise the
possible effects of the emissions.
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(7) Type and general characteristics of any equipment for
monitoring emissions and related alarm and recording
systems.
Any additional information, plans, specifications, evidence,
or documentation that the Department may require shall be
furnished upon request.
(4) Conditions of Source Approval:
(a) Approval to construct, install, alter, replace, or operate
any source of emission shall be granted only upon demonstra-
tion to the satisfaction of the Department that the source
will not violate any provision of the Air Management Code
or Regulations of the Air Pollution Control Board or pre-
vent or interfere with attainment or maintenance of any
national ambient air quality standard.
(b) Issuance of a permit or license shall not exempt any person
from prosecution for violation of the Air Management Code,
Regulations of the Air Pollution Control Board or any appli-
cable laws of the Commonwealth of Pennsylvania or the United
States Government. Where regulations are amended or new
regulations adopted, the holders of permits and licenses
issued prior to the effective date thereof shall comply with
any new requirements within the period of time provided
therein.
(5) Reporting Changes to Existing Installations:
(a) Where it is planned to take any approved installation,
equipment, or device out of service for any reason, except
for normal plant shutdowns, the Department shall be notified
at least three days in advance. Where the reason for being
out of service is breakdown, malfunction or similar emer-
gency which may increase emissions, the Department shall be
notified by telephone immediately with a written confirmation
in 24 hours.
(b) No person shall change any installation such that the regis-
tered information concerning it is no longer accurate without
first notifying the Department.
(c) Where a change of ownership occurs at any approved installa-
tion, the new owner shall notify the Department within 30
days of the change of ownership.
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B. Emission Reporting:
(1) Recording and Submission of Emission Information:
(a) In addition to the provisions and requirements of Section II.,
A, the person responsible for any source of emission shall,
upon notification from the Department, maintain such records
as will disclose the nature, effects, extent, quantity or
degree of air contaminants which are or may be discharged
from such source of any other information as may be deemed
necessary by the Department to determine compliance with
applicable emission limitations or other control measures as
well as the relative contribution of such source to air qual-
ity.
(b) The required Information shall be summarized on source re-
porting forms supplied by the Department and shall be com-
plete. The required Information shall be submitted within
30 days after the receipt of a source reporting form, unless
a time extension has been granted by the Department.
(c) Information recorded and copies of the source reporting
forms submitted to the Department shall be retained by the
person responsible for each source emission for two years
after the date on which the pertinent report was submitted.
(2) Availability of Emission Data:
Emission data obtained from source reporting forms submitted to
and verified by the Department will be correlated with applic-
able emission limitations and other control measures. All such
emission data will be available for public inspection at the De-
partment during normal business hours.
C. Confidential Information:
Any records, reports, information, or particular part thereof9 other
than emission data, relating to secret processes, methods of manu-
facture or production, or otherwise entitled to protection as trade
secrets, provided to, required or obtained by the Department shall
be kept confidential.
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(9.0) Section III - Testing and Test Methods
A. The Department shall establish standard methods for the sampling and
analysis of emissions to determine compliance with these regulations.
These standards shall be published and made available upon request at
the office of the Department.
B. Requirements for testing. The Department may require any person to
conduct, or have conducted, testing to determine compliance with these
regulations. The Department may at its option witness or conduct such
tests. Such testing will be done at a reasonable time, and all inform-
ation gathered during a testing operation will be provided to both
parties.
When the Department conducts or has such tests conducted, the person
shall provide such sampling facilities, exclusive of instruments and
sensing devices, as may be necessary to determine the quantity and
character of emissions.
(2.0) Section IV - Availability of Technology
Any person who believes that there does not exist technology adequate for
an existing installation to meet the requirements of these regulations may re-
quest within six months of the effective date, the Commissioner of Health, or
his designated representative, to appoint an advisory committee of technical
experts. The Commissioner of Health shall appoint the committee within two
weeks of the receipt of such a request. The committee shall review the proc-
ess and make a recommendation to the Department within 90 days, from the date
of their appointment. This recommendation may be any of the following:
/ /
A. Compliance with these regulations.
B. Adoption of a regulation proposed by the committee governing the proc-
ess, or processes, in question which provides for the application of
known technology to control emissions.
C. Approval of a compliance schedule which considers any unusual problems
in adapting known technology to the process in question, but not to
exceed two years.
If the committee fails to make a report and recommendation, this regula-
tion shall apply.
The committee report shall be forwarded to the Air Pollution Control Board,
by the Department within two weeks of its receipt from the committee together
with its own recommendations, for consideration and action. For a period of
150 days from the appointment of the committee, the Health Commissioner may
withhold prosecution.
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(2.0) Section V - Improvement and Plan
Where an improvement plan and compliance schedule has been approved, as
provided in the Air Management Code (Section 3-301) (17), the compliance sched-
ule in the approved plan shall govern.
(2.0) Section VI - Pre-Existing Regulations
All existing regulations of the Air Pollution Control Board not in con-
flict with these regulations shall remain in force..
(2.0) Section VII - Circumvention
No person shall build, erect, install or use any article, machine, equip-
ment or other contrivance, the sole purpose of which is to dilute or conceal an
emission without resulting 1n a reduction in the total release of air contami-
nants to the atmosphere.
(2.0) Section VIII - Severability
The provisions of these regulations are severable and if any provision,
sentences clause, section or part thereof shall be held illegal, invalid, un-
constitutional or inapplicable to any person or circumstances, such illegality,
invalidity, unconstitutionality or Inapplicability shall not affect or impair
any of the remaining provisions, sentences, clauses, sections or parts of the
ordinance or their Application to him or to other persons and circumstances.
It is hereby declared to be the legislative Intent that these regulations
would have been adopted if such Illegal, invalid or unconstitutional provision,
sentence, clause or part had not been included therein, and if the person or
circumstances to which the ordinance or any part thereof is inapplicable had
not specifically baen exempted therefrom.
(2.0) Section IX - Effective Date
Except as otherwise provided, these regulations shall become effective
upon adoption. The owner of any source of emission, in existence or under
construction at the time of adoption, shall notify the Departments within six
months from the effective date, of his intent to discontinue any operations
or activities which cause any emission that result in an emission in violation
of these regulations or to control such emission to the extent required by
these regulations,, or that the emission is in compliance. Within a period of
twelve months from the effective date, compliance shall be obtained at all
sources of emission within the scope of these regulations.
(2.0) Section X - Compliance with Regulations of the Environmental Quality Board
of Pennsylvania
No person shall discharge Into the atmosphere any air contaminant in ex-
cess of the limits established 1n the regulations of the Environmental Quality
Board of Pennsylvania, or shall utilize air contaminant control of less effi-
ciency than required by the regulations of the Environmental Quality Board of
Pennsylvania. . ' *
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REGULATION II
(50.0) AIR CONTAMINANT AND PARTICIPATE MATTER EMISSIONS
Section I
A. In addition to the previous citations, these regulations are adopted
pursuant to Title 3, Air Management Code, which reads in part as fol-
j lows:
]
'I (1) "Section 3-202, Open Fires:
j No person shall ignite, burn or permit the continuation of the
j burning of garbage, refuse, or other waste material, demolition
i materials, leaves, grass, weeds, trees, batteries, wire, tires,
car's, vehicles, or parts thereof, or any other combustible ma-
terial in an open fire. Any open burning for salvage purposes
| is prohibited. This requirement shall not apply to outdoor home
! cooking. A special exception may be made by order of the Com-
i missioner of Health where the First Commissioner certifies an
' emergency exists which endangers the public safety, and the
: Health Commissioner finds that no practical alternative method
] of disposal of hazardous or flammable materials exists. The con-
• ditions for allowing open fires shall be approved by both the
Health and Fire Commissioners."
i
' (2) "Section 3-302, Powers and Duties of the Air Pollution Control
I Board:
j To promulgate regulations, implementing this
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(d) The characteristics of fuels and wastes which may be com-
busted In the city, Insofar as such characteristics may
affect the emissions of air contaminants to the atmosphere.
(e) The density, opacity and duration of discharges and emis-
sions of air contaminants to the atmosphere which obscure
and reflect light, and the establishment of methods for
evaluating density, opacity, equivalent opacity or density."
B. These regulations control, and/or prohibit, the discharge or escape of
certain air contaminants and particulate matter in the atmosphere.
(51.13) Section II - Open Fires
6.
No person shall Ignite, burn or permit the continuation of the burning
of garbagee refuse, or other waste material, demolition material,
leaves, grass, weeds, trees, batteries, wire, tires, cars, vehicles,
or parts thereof, or any other combustible material 1n an open fire.
Any open burning for salvage purposes 1s prohibited. Any person who
operates, owns or controls premises where Junk cars, demolition mate-
rials, refuse or other salvaged or waste materials are stored„ pro-
cessed or deposited, shall take all necessary measures to prevent
fires and to extinguish any fires which may occur. F1re prevention
measures shall Include, among others, security measures to exclude un-
authorized persons from entering upon the premises.
If a fire occurs when the premises are unattended, the Department may
order fencing and/or a watchman to be employed by the owner, operator,
or other person who controls the premises, for periods, when there are
no other attendants.
It shall be prima facie evidence that the person who owns or controls
property on which open burning occurs has caused or permitted said
open burning.
(51.12) Section III - Toxic or Radioactive Air Contaminants
No person shall discharge into the atmosphere any toxic or radioactive
sir contaminant except where a request has been filed with the Department and
approval granted by the Department which shall be based on a determination by
the Department that the quantity, concentration, and duration of such emissions
will not create & health hazard. , .
(50.1.2) Section IV - Visible Emissions
(1) No person shall discharge into the atmosphere from any single source
of emission whatsoever any air contaminant, except uncombined water,
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(a) For a period or periods aggregating more than three minutes In
any one hour which:
•
(1) Is darker 1n shade than that designated as No. 1 on the
Ringelmann Chart, as published by the U.S. Bureau of Mines,
or*
(2) Is darker than a comparable standard using such other charts
or devices as the Department determines to be equivalent
thereto; or
(b) For any period, which is darker than No. 3 on the Ringelmann
Chart, or its equivalent; or
(c) Of such opacity as to obscure an observer's view to an equal or
greater degree than either (a) or (b) above.
(d) The provisions of (a) above, do not apply to incinerators. In-
cinerators are regulated under the provision of Air Management
Regulation XI, Control of Emissions from Incinerators.
(2) The provisions of (1) above shall apply to visible emissions of air
contaminants that are white, black, shades of grey or colored.
.
(3) Trained employees certified by the Department may make observations
to determine compliance with the provisions of (1) and (2) above with-
out direct reference to standards.
(51.5) Section VI - Selection of Fuel for Particulate Matter Emission Control
The fuel used shall be compatible with the burning equipment and the fur-
nace or boiler. Where there occur repeated violations of Section IV or V,
above, the Department may order the use of a specific alternate fuel.
(50.1) Section VIII - Fugitive Dust
No person shall cause or permit the handling, transporting, storing, or
disposing of any substance or material which is likely to be scattered by the
wind, or is susceptible to being wind-borne, without taking effective pre-
cautions or measures to prevent air contamination. No person shall operate or
maintain, or allow or cause to be operated or maintained, any premises, open
area, right of way, storage piles, or vehicle, or any construction, altera-
tions, demolition, or wrecking operation, or any other enterprises, which 1n-
volves any material or substance likely to be scattered by the wind, or sus-
ceptible to being wind-borne, without effective precautions or measures to
prevent air contamination. No person shall maintain, conduct, or use, or
cause to be maintained, conducted, or used, any parking lot, or similar areas,
unless the lot, area, or roadway is maintained in such manner as to prevent
air contamination.
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' TABLE 1
Process Maximum Weight Process Maximum Weight
Wt./hr.(1bs.) Disch./hr. (Ibs.) Wt./hr. (Ibs.) Disch./hr. Qbs.)
50 .24
100 .46
150 .66
200 .85
250 1.03
300 1.20
350 1.35
400 1.50
450 1.63
500 1.77
550 1.89
600 2.01
650 2.12
700 2.24
750 2.31
800 2.43
850 . 2.53
900 2.62
950 2.72
1000 2.80
TfOS 279T
1200 3.12
1300 3.26
1400 3.40
1500 3.54
1600 3.66
1700 3,79
1800 3.91
1900 4.03
2000 4.14
Tm ~~ OT
2200 4.34
2300 4.44
2400 4.55
2500 . 4.64
2600 4.74
2700 4'. 84
2800 4.92
2900 5.02
3000 , 5.10
3100 5.18
3200 5.27
3300 5.36
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
10000
11000
12000
13000
14000
15000
16000
17000
18000
19000
20000
30000
40000
50000
60000
or more
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
9.67
10.00
10.63
11.28
11.89
12.50
13.13
13.74
14.36
14.97
15.58
16.19
22.22
28.3
34.3
40.0
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• REGULATION III
(50.2) THE CONTROL OF EMISSIONS OF OXIDES OF SULFUR COMPOUNDS
'
Section I.
A. In addition to the above citations, these regulations are adopted pur-
suant to Title 3, the Air Management Code, which reads in part as fol-
1ows:
"Section 3-207, Sale of Fuel Oil
(1) Commercial Fuel Oil
(a) On and after the effective dates listed therein no fuel mer-
chant shall store, offer for sale, sell, deliver for use or
exchange in trade, for use in Philadelphia, and no person
shall use commercial fuel oils which contain sulfur in excess
of the percentages by weight set forth in the following table:
Grades of Classification by SSU
Commercial Viscosity at 100°F. Effective Effective Effective
Fuel Oil 5-1-70 10-1-72 3-31-75
No. 2 and Less than or equal
lighter to 45 0.3% 0.3% 0.2%
No. 4 Greater than 45 but
less than 145 0.7% 0.4% 0.3%
No. 5, No. 6 Equal to or greater
and heavier than 145 1.0% 0.5% 0.3%
(b) The provisions of (a) above shall not apply in any case in
which it is demonstrated to the Department that sulfur di-
oxide emissions, caused by the combustion of commercial fuel
oils, from any stack or chimney into the outdoor atmosphere,
can be controlled to levels that, on and after the effective
dates listed herein, do not exceed at any time those quanti-
ties of sulfur dioxide, expressed in pounds per one (1) mil-
lion BTU gross heat input, set forth in the following table:
Grade of Classification by SSU Permissible SO? Emissions
Commercial Viscosity at 100eF. (Pounds S02 per Million BTU Gross
Fuel Oil Heat Input)
Effective Effective Effective
5-1-70 10-1-"72 3-31-75
No. 4 Greater than 45, but
less than 145 0.74 Ibs. 0.42 Ibs. 0.30 Ibs.
No. 5, No. 6 Equal to or greater
heavier than 145 1.1 Ibs. 0.52 Ibs. 0.30 Ibs.
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(2) Non-Commercial Fuel
(a) No person shall cause, suffer, allow or permit sulfur di-
oxide, caused by the combustion of non-commercial fuel or
the combustion of non-commercial and commercial fuel mix-
tures, to be discharged from any stack or chimney into the
outdoor atmosphere at any time in excess of 610 ppm by vol-
ume adjusted to twelve (12) percent carbon dioxide by volume;
and, on and after October 1, 1973 no person shall cause,
suffer, allow or permit sulfur dioxide, caused by the combus-
tion of non-commercial and commercial fuel mixturess to be
discharged from any stack or chimney into the outdoor atmos-
phere at any time in excess of 310 ppm by volume adjusted to
twelve (12) percent carbon dioxide by volume, or equivalent
method approved by the Department.
(b) Where a single manufacturing facility contains multiple stacks
or chimneys for discharge of flue gases from burning non-
commercial fuels or non-commercial and commercial fuel mix-
tures, the emissions from any single stack may exceed the SOg
concentration limits given 1n (2) (a) provided that 1t can be
satisfactorily demonstrated to the Department that:
(1) The emission rate of sulfur dioxide from non-commercial
fuel combustion on a total weight basis for the facil-
ity will not exceed that allowed by (2) (a), and
t
(2) The ground level concentrations of sulfur dioxide at any
point in the neighborhood, area, or region caused by the
combustion of all non-commercial fuel at the facility
shall not exceed those concentrations that would result
from compliance with (2) (a), and
(3) The concentration of SO;? emitted from any such stack
does not exceed any limit imposed by regulations of the
State of Pennsylvania or the U.S. Environmental Protec-
tion Agency, and
(4) Compliance with (2) (b) shall not prevent the achieve-
ment or maintenance of any national air quality stan-
dard for S02 established by the Environmental Protection
Agency.
(c) Any person responsible for the discharge of S02 caused by the
combustion of non-commercial fuel or the combustion of non-
commercial and commercial fuel mixtures from any stack or
chimney as provided for in (2) (a) and (2) (b) shall submit a
detailed report to the Department at least once every month,
providing fuel usage and emissions information sufficiently
adequate to determine compliance with this section.
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(3) Exemptions
(a) The provisions of this section shall not apply to commercial
fuel used by ocean-going vessels.
(16.0) "Section 3-302, Power and Duties of the Air Pollution Control Board
(1) To promulgate regulations implementing this Title, preventing de-
gradation of air quality, preventing air pollution, eliminating
air pollution nuisances and, limiting, controlling, or prohibiting
the emission of air contaminants to the atmosphere from any source.
Such regulations may include, but are not limited to, the follow-
ing:
(a) The concentration, volume, weight, and other characteristics
of emissions of air contaminants to the atmosphere, the cir-
cumstances under which such emissions are permitted and the
degree of control of emissions of air contaminants required;
(b) The emissions of air contaminants to the atmosphere and re-
lated actions which are prohibited;
(c) The types and kinds of control measures and actions, equip-
ment, storage and handling facilities, processes and systems,
including specifications and/or performance requirements,
which may be required to control emissions of air contamin-
ants to the atmosphere.
(d) The characteristics of fuels and wastes which may be com-
busted in the city, insofar as such characteristics may af-
fect the emissions of air contaminants to the atmosphere."
These regulations control, and/or prohibit, the discharge or
escape of oxides or sulfur compounds to the atmosphere and con-
trol and/or prohibit, the sulfur content of fuels burned in the
City of Philadelphia. All available measures shall be taken to
prevent the emission of oxides of sulfur to the atmosphere, but
in no event shall the measures employed be less effective than
those in the following sections.
(50.2) Section II. Control of Emissions of Sulfur Compounds
A. No person shall cause or permit an emission from a specific source of
oxides of sulfur calculated as sulfur dioxide (S02) which results in
ground level concentrations at any point in excess of 3.0 ppm (volume)
at any time, an average 0.5 ppm (volume) for a 15 minute period, or an
average of 0.1 ppm (volume) in any 8 hour period.
B. Except as provided in Section 3-207 of Title 3, no person shall cause
or permit the emission of oxides of sulfur from a specific source or
process in excess of 0.1 per cent by volume. Within two years, the
emission rate shall be limited to 0.05 per cent by Volume. Dilution
-------
or diffusion of exhaust gases is not an acceptable means of.meeting
this requirement.
C. Compliance with these provisions shall be determined by standard meth-
ods established by the Department which may include procedures for
sampling and analysis or for stoichiometric calculations.
(51.6) Section III. Control of Sulfur in Fuels
A. No person shall store, offer for sale, sell, deliver for use, or ex-
change in trade for use in Philadelphia, and no person shall burn any
fuels in the City of Philadelphia, except as provided in (2) below, the
sulfur content of which exceeds the following:
0) Fuel Oil shall not exceed the content limits of Section 3-207 of
Tftle 3 (see above).
(2) Coal shall not exceed the following content limits:
(a) Bituminous Coal shall not exceed two per cent by weight after
May 1, 1970, one per cent by weight after July 1, 1971, and
0.3 per cent by weight after October 1, 1972.
(b) Anthracite Coal shall not exceed 0.7 per cent by weight after
May 1, 1970, and 0.3 per cent by weight after October 1, 1972.
B. For those installations where equipment or processes are used to reduce
the emissions from the burning of fuels with a higher sulfur content
than that specified 1n (1) above, the emissions shall not exceed that
which would result from the use of the fuels specified in (1) above.
(The equipment and/or process must be approved by the Department,,)
C. Where the delivery of low sulfur fuel is interrupted because of acci-
dent or other emergency conditions, the Department may authorize the
use of an alternate fuel supply, containing the least amount of sulfur
available, for a period not to exceed two weeks.
A longer period of time may be authorized by the Department only after
review and recommendation by the Air Pollution Control Board.
(8.0) AIR MANAGEMENT REGULATION IV
GOVERNING AIR POLLUTION CONTROL MEASURES DURING HIGH AIR POLLUTION EPISODES
(1.0) Section I - Definitions
A. In addition to/definitions provided in the Air Management Code, the fol-
lowing definitions apply to this Regulation:
COH Units - This is an abbreviated form for coefficient of haze and is
a measurement derived from the transmittance of light through a paper
tape, and normalized to 1000 linear feet of air. The co-efficient of
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haze is derived from transmission by the formula"
OOH-1og10 ^
Oxidants - This is a major class of chemical compounds which act as an
indicator of photochemical smog. Ozone and perozyacyl nitrates are the
principal identifiable oxidants in air.
Photo-Reactive Organic Material - Any organic materials which will re-
act with oxygen, excited oxygen, ozone and/or other free radicals gen-
erated by the action of sunlight on components in the atmosphere giving
rise to secondary contaminants and reaction intermediates in the atmos-
phere which can cause detrimental effects.
(8.0) Section II - Declaration of Conditions
The Health Commissioner or his designated representative shall declare the
existence of an Air Pollution Stage I, Stage II and/or an Air Pollution Emergen-
cy in all or any part of the City under the following conditions:
A. "Forecast" exists when an atmospheric stagnation advisory is issued by
the National Weather Service. This initiates an internal watch by the
Department.
B- Stage I - When a 36-hour stagnation fprecast is received from the Na-
tional Weather Service and one or more of the following Air Pollutant
levels exist at any air quality monitoring station in Philadelphia:
(1) Sulfur Dioxide in excess of 0.3 ppm in a six hour moving average,
or
(2) Particulate in excess of 4.0 COH units in a six hour moving aver-
age, or
(3) Product of Sulfur Dioxide and Particulate twenty-four hour moving
average in excess of 0.3 ppm-COH, or
(4) Nitrogen Dioxide in excess of 0.2 ppm in a twenty-four hour moving
average.
c- Stage II - When one or more of the following air pollutant levels exist
at any air monitoring station in Philadelphia:
(1) Sulfur Dioxide in excess of 0.5 ppm in a six hour moving average,
or
(2) Particulate in excess of 6.0 COH units in a six hour moving aver-
age, or
(3) Product of Sulfur Dioxide and Particulate twenty-four hour moving
average in excess of 0.9 ppm-COH, or
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(4) Carbon Monoxide 1n excess of 30 ppm In an eight hour moving aver-
age, or
(5) Total Oxidants in excess of 0.25 ppm in a four hour moving average,
or
(6) Nitrogen Dioxide in excess of 0.3 ppm in a 24 hour moving average.
D. Emergency - When one or more of the following levels exist at any air
monitoring station in Philadelphia:
(1) Sulfur Dioxide equal to or exceeding 0.6 ppm in a twenty-four hour
moving average, or
(2) Particulate equal to or exceeding 7.0 COM units in a twenty-four
hour moving average, or
(3) Product of Sulfur Dioxide and Particulate twenty-four hour moving
average equal to or exceeding 1.4 ppm-COH, or
(4) Carbon Monoxide equal to or exceeding 40 ppm in a eight hour mov-
ing average, or
(5) Total Oxidants equal to or exceeding 0.35 ppm in a four hour mov-
ing average, or
(6) Nitrogen Dioxide equal to or exceeding 0.4 ppm in a twenty-four
hour moving average.
E, A localized or general Stage I, Stage II, or Emergency condition may be
called by the Health Commissioner or designated representative regard-
less of the levels set forth above, when in his opinion, a threat to
public health from air pollution exists. This Regulation may be imple-
mented when the above stated levels are reached at any representative
air quality monitoring station outside of Philadelphia, but within the
Philadelphia area air quality region as designated by the Environmental
Protection Agency.
(8.0) Section III - Termination of Conditions
Termination of any stage of an air pollution episode shall occur when all
the criteria no longer exist for that stage and shall not likely reoccur. At
that time, the next lower status shall be in effect.
(8.0) Section IV - Alert and Notification System by the Health Commissioner and the
Emergency Coordinator.
A. The Department shall maintain daily contact with the National Weather
Service to ascertain the development of meteorological conditions.
During periods of unfavorable meteorological conditions contact will be
made at least once each 12 hours. During such periods, the Department
shall periodically contact surrounding jurisdictions to coordinate
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regional response to the high air pollution levels.
B. When the Commissioner of Health, or his designated representative, de-
clares any of the high air pollution conditions enumerated 1n Section
II, he shall also notify the Emergency Coordinator of the City of
Philadelphia. The Emergency Coordinator or his designated represent-
ative shall forthwith proceed to take actions necessary to implement
the requirements of this Regulation until the declared episode has been
terminated by the Commissioner of Health, or his designated represent-
ative.
C. During Air Pollution Stage I, Stage II and Air Pollution Emergency, the
Emergency Coordinator or his designated representative will release to
the news media the levels of pollutants in the City, the episode con-
dition reached, and any other information or any orders required to
effect a reduction in emissions and project public health.
D. Establishments with emission reduction plans will be notified of the
existence of high air pollution conditions through the mass media,
properly identified telephone calls,* or contact with the Emergency Co-
ordinator or his designated representative.
(8.0) Section V - Advance Preparation for High Air Pollution Episodes
A. Emission reduction plans are required for each business or other estab-
lishment which emits 100 tons of pollutants per year or more, or is
designated a major source or a major user of electricity by the Depart-
ment. Those businesses or other establishments which are not required
to submit plans shall develop an internal procedure to meet the object-
ives and requirements set forth in Tables I, II, and III. Such plans
shall specify measures which will be taken to reduce air contaminant
emissions during episode conditions. These plans shall be submitted in
writing to the Department for approval within sixty days of the written
notification by the Department. Plans shall specify separate and in-
creasingly stringent actions for reducing each type of air pollution
emission for Stage I, Stage II, and Emergency in accordance with the
minimum requirements set forth in Tables I, II, and III. The Department
shall be supplied with sufficient information to determine the emission
reduction that will be attained for each pollutant during each condition.
The plans shall also designate an individual and at least two alternates
responsible for the execution of the plans and any other actions or or-
ders issued under this Regulation. During high air pollution episodes
and upon notification as stated in Section IV, D., plans approved by the.
Department are formal orders to be executed at once to protect public
health.
B. The Department shall develop and issue a contingency plan for the imple-
mentation of this Regulation. This plan will include the programs de-
veloped by companies as described under A. of this Section. The con-
tingency plan will also list activities including specific companies,
establishments and types of businesses which may continue with little or
no restriction during episodes.
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C. Upon written notice by the Department, any person owning or conducting
any operation which results in the emission of air contaminants shall
perform tests to determine the rate of operation and other conditions
which will result in minimum air contaminant emission to the atmosphere.
A copy of the test results shall be submitted to the Department and will
be used as a guide in the evaluation of emission reduction plans for
Stage II or Emergency Conditions.
D. The Commissioner of Health may appoint such committees he deems neces-
sary to advise and assist the Department in developing the contingency
plan for high air pollution episodes. Such committees may includes but
not be limited to, a technical industry committee, a medical care com-
mittee, a community coordination committee, a transportation committee,
and a solid waste committee. A representative of the Department shall
serve as a member of each committee. Meetings of a committee shall be
held at the call of the chairman of the committee or the Commissioner
of Health, or his designated representative.
(2.0) Section VI - Actions and Restrictions
When the Health Commissioner or his designated representative declares any
of the high air pollution conditions in Section II, the following actions and
any other actions ordered by the Emergency Coordinator or his designated repre-
sentative shall be taken by those responsible, including businesses and other
persons having emission reduction plans, those without plans, the general public,
and the City, State and Federal Governments.
A. High Sulfur Dioxide Levels
(1) During Stage I Conditions:
(a) Businesses and other establishments with emission reduction
plans for sulfur dioxide shall invoke them for Stage I, and .
(b) Manufacturers and other businesses without plans shall reduce
sulfur dioxide emissions by curtailing sulfur dioxide pro-
ducing operations including process steam and heat load de-
mands, and the use of electrical power, and
(c) Businesses, other establishments and the general public shall
reduce electrical power consumption by limiting the use of
electric ovens, toasters, irons, dishwashers, air condition-
ers, lights, signs, and other electrical devices.
(2) During Stage II Conditions:
(a) All persons shall continue those actions for Stage I, high
sulfur dioxide concentrations, and in addition,
(b) Businesses and other establishments with emission reduction
plans for sulfur dioxide or curtailment of electrical power
shall invoke them for Stage II, and
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(c) Manufacturers and other businesses without plans will reduce
sulfur dioxide emissions by curtailing sulfur dioxide produc-
ing operations including process steam and heat load demands,
and the use of electrical power by assuming reasonable eco-
nomic hardship, and,
(d) Businesses and other establishments without plans and the
general public shall reduce the temperature in their build-
ings and homes to 70°F if oil or coal heating is used, or in-
crease the temperature to 80°F if air conditioning is used,
and
(e) Sensitive persons shall minimize exposure to the outside at-
mosphere.
(3) During Emergency Conditions:
(a) All persons shall continue those actions for Stage II, high
sulfur dioxide concentrations, and in addition
(b) Businesses and other establishments with emission reduction
plans for sulfur dioxide shall invoke them for the Emergency
condition, and
(c) Businesses and other establishments including but not limited
to those listed in Table IV shall immediately discontinue
operation, and send personnel home until the Emergency Condi-
tion is over. Heat or air conditioning in these establish-
ments shall be reduced to a minimum sufficient only to protect
buildings and equipment. Exceptions are listed for exemption
in the contingency plan, and
(d) The general public shall reduce the temperature in their homes
65°F if coal or oil heat is used, and
(e) Use of electric ovens, toasters, irons, dishwashers, air con-
ditioners, lights, and other electrical devices shall be re-
stricted to essential needs and
(f) All persons shall minimize their exposure to the outside at-
mosphere.
B. High particulate Levels
(1) During Stage I Conditions:
(a) Businesses and other establishments with emission reduction
plans for particulate matter shall invoke them for Stage I, and
(b) Manufacturers and other businesses without plans shall reduce
particulate emissions by curtailing particulate producing
operations including process steam and heat load demands, and
the use cf electrical power, and
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(c) Businesses and other establishments without plans will limit
lancing and soot blowing of boilers and the operation of In-
cinerators to between the hours of 12:00 Noon and 4:00 P.M.
(2) During Stage II Conditions:
(a) All persons shall continue those actions for Stage I, high
partlculate matter concentrations, and in addition
(b) Businesses and other establishments with emission reduction
plans for partlculate matter shall invoke them for Stage II,
and,
(c) Manufacturers and other businesses without plans will reduce
particulate emissions by curtailing particulate producing
operations including process steam and heat load demands, and
the use of electrical power by assuming reasonable economic
hardships, and
(d) Businesses and the general public shall reduce the temperature
in their buildings and homes to 70°F if they use oil or coal
heat, or increase the temperature to 80°F if air conditioning
1s used, and
(e) Businesses and other establishments without plans shall limit
lancing or soot blowing of boilers to between the hours of
12:00 Noon and 4:00 P.M., and
i ,
(f) Incinerators burning less than 10,000 Ib./hr. of waste shall
cease operations, and
(g) The use of electrical devices shall be limited, and
(h) Sensitive individuals will minimize exposure to the outside
atmosphere.
(3) During Emergency Conditions:
(a) All persons shall continue those actions for Stage II, high
partlculate matter concentrations, and in addition
(b) Businesses and other establishments with emission reduction
plans for particulate matter, shall Invoke them for Emergency
Condition, and
(c) The Department shall invoke the traffic control plan for the
Emergency Condition, and
(d) Businesses and other establishments including but not limited
to those listed in Table IV shall immediately discontinue
operation, and send personnel home until the Emergency con-
dition is over. Heat or air conditioning in these establish-
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merits shall be reduced to a minimum sufficient only to pro-
tect buildings and equipment. Exceptions are listed for ex-
emption 1n the contingency plan, and
(e) The general public shall reduce the temperature in their
homes to 65°F 1f coal or oil heat is used, and
(f) Use of electric ovens, toasters, irons, dishwashers, air con-
ditioners, lights, and other electrical devices shall be re-
stricted to essential needs only, and
(g) Incinerators shall cease operation, and
(h) All persons shall limit use of motor vehicles to emergency
needs only. Exceptions are listed for exemption 1n the con-
tingency plan, and
(i) All persons shall minimize exposure to the outside atmosphere.
C. High Sulfur Dioxide - Partlculate Product Levels
(1) During Stage I Conditions:
All actions included 1n Section VI., A. 1, and B. 1.
(2) During Stage II Conditions:
All actions included in Section VI., A. 2, and B. 2.
(3) During Emergency Conditions: '
All actions included in Section VI., A. 3, and B. 3.
D. High Carbon Monoxide Levels
(1) During Stage I Conditions:
(Reserved for Future Use)
(2) During Stage II Conditions:
(a) (Reserved for Future Use)
(b) Businesses and other establishments with emission reduction
plans for carbon monoxide matter shall invoke them for Stage
II, and
(c) The Department shall invoke the traffic control plan for
Stage II, and
(d) All persons shall limit use of motor vehicles by increasing
the use of public transportation and car pools and the elim-
ination of unnecessary operation, and
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(e) Information shall be given to the public as to which roads or
areas of the City are to be particularly avoided, and
(f) Individuals predisposed toward cardiac conditions shall mini-
mize exposure to the outside atmosphere and avoid exercise.
(3) During Emergency Conditions:
(a) All persons shall continue those actions for Stage II high
carbon monoxide concentrations, and in addition
(b) Businesses and other establishments with emission reduction
plans for carbon monoxide shall Invoke them for the emergency
condition, and
(c) Businesses and other establishments shall discontinue opera-
tion and send personnel home until the Emergency Condition 1s
over. Exceptions are listed for exemption in the contingency
plan, and
(d) The Department shall Invoke the traffic control plan for the
Emergency condition, and
(e) All persons shall limit use of motor vehicles to emergency
needs only. Exceptions are listed for exemption in the con-
tingency plan, and
.(f) All persons will minimize exposure to the outside atmosphere
and avoid exercise.
E. High Nitrogen Dioxide Levels
(1) During Stage I Conditions:
i
(a) Businesses and other establishments with emission reduction
plans for nitrogen dioxide shall invoke them for Stage I8 and
(b) Manufacturers and other businesses without plans will reduce
nitrogen dioxide emissions by curtailing nitrogen dioxide pro-
ducing operations including process steam and heat load de-
mands and the use of electrical power, and
(c) Businesses and other establishments without plans and the
general public will reduce electric power consumption by lim-
iting the use of electric ovens, toasters, irons, dishwashers,
air conditioners, lights, signs, and other electrical devices,
and
(d) All persons will limit use of motor vehicles to essential
needs only.
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(2) During Stage II Conditions:
(a) All persons shall continue those actions for Stage I, high
nitrogen oxide concentrations, and in additon
(b) The Department shall invoke the traffic control plan for
Stage II, and
(c) Businesses and other establishments with emission reduction
plans for nitrogen dioxide shall Invoke them for Stage II,
and
(d) Manufacturers and other businesses without plans will reduce
nitrogen dioxide emissions by curtailing nitrogen dioxide
producing operations including process steam and heat load
demands, and the use of electrical power by assuming a reason-
economic hardship, and
(e) Businesses and other establishments without plans and the
general public shall reduce the temperature in their buildings
and homes to 70°F, if heating or increase the temperature to
80°F, 1f air conditioning, and
(f) All persons shall limit use of motor vehicles by increasing
the use of public transportation and car pools and the elim-
ination of unnecessary operation. Information shall be given
to the public as to which roads or areas of the City are to
be particularly avoided, and
(g) Sensitive Individuals shall minimize exposure to the outside
atmosphere.
(3) During Emergency Conditions:
(a) All persons shall continue those actions for Stage II high
nitrogen oxide concentrations, and in addition
(b) The Department shall invoke traffic control plan for the
Emergency condition, and
(c) Businesses and other establishments with emission reduction
plans for nitrogen dioxide shall invoke them for the Emergen-
cy condition.
(d) Businesses and other establishments including but not limited
to those listed in Table IV shall Immediately discontinue
operation, and send personnel home until the Emergency Condi-
tion is over. Heat or air conditioning in these establish-
ments shall be reduced to a minimum sufficient only to pro-
tect buildings and equipment. Exceptions are listed for ex-
emption in the contingency plan.
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(e) The general public shall reduce the temperature in their
homes to 65PF 1f heating, and
(f) All persons shall limit use of motor vehicles to emergency
needs only. Exceptions are listed for exemption in the con-
tingency plan, and
(g) The use of electric ovens, toasters, irons, dishwashers, air
conditioners, lights, signs, and other electrical devices
shall be restricted to essential needs only, and
(h) All persons will minimize exposure to the outside atmosphere.
F. High Oxidant Levels
(1) During Stage I Conditions:
(Reserved for Future Use)
(2) During Stage II Conditions:
(a) (Reserved for Future Use)
(b) Businesses and other establishments with emission reduction
plans for photochemically reactive organic materials shall
invoke them for Stage II, and
(c) Section VI, E, 2 shall be invoked, and
(d) The Department shall invoke traffic control plan for Stage II,
and
(e) Gasoline sales and the unnecessary filling of storage tanks
with reactive organic materials shall be prohibited between
6:00 A.M. and 12:00 Noon.
(f) All persons shall limit use of motor vehicles by increasing
the use of public transportation and car pools and the elimi-
nation of unnecessary operation. Information shall be given
to the public as to which roads and areas of the City are to
be particularly avoided.
(g) Sensitive individuals shall minimize exposure to the outside
atmosphere.
(3) During Emergency Conditions:
(a) All persons shall continue those actions for Stage II high
oxidant concentrations, and in addition
(b) Businesses and other establishments with emission reduction
plans for photochemically reactive organic materials shall
invoke them for the Emergency Condition, and
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(c) Businesses and other establishments shall discontinue opera-
tion and send personnel home until the Emergency Condition 1s
over. Exceptions are listed for exemption on the contingency
- plan, and
(d) Section VI, E, 3., shall be Invoked, and
(e) The Department shall Invoke the traffic control plan for the
Emergency Condition.
(f) All persons shall limit use of motor vehicles to emergency
needs only. Exceptions are listed for exemption in the con-
tingency plan.
(g) All persons will minimize exposure to the outside atmosphere.
(2.0) Section VII - Severability
The provisions of this Regulation are severable and if any provision, sen-
tence, clause, section or part thereof shall be held Illegal, invalid, uncon-
stitutional or Inapplicable to any person or circumstance, such Illegality, in-
validity, unconstitutionally, or inapplicability shall not affect or impair any
of the remaining provisions, sentences, clauses, section or part of the ordi-
nance of their application to him or to other persons and circumstances. It is
hereby declared to be the legislative intent that these Regulations would have
been adopted 1f such illegal, invalid or unconstitutional provision, sentence,
clause or part had not been Included therein, and if the person or circumstances
to which the ordinance or any part thereof 1s inapplicable had not specifically
been exempted therefrom.
(2.0) Section VIII - Effective Date
This Regulation shaM become effective upon adoption.-
TABLE 1
Minimum Abatement Strategies for Emission Reduction Plans
Stage I Condition
Source of Air Pollution Control Action
Oil or Coal-fired electric
generating facilities.
a. Maximum utilization of mid-day (12 Noon
to 4 P.M.) atmospheric turbulence for
boiler lancing and soot blowing.
b. Substantial reduction of fuel burning
by diverting electric power generation
to facilities outside of the area.
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Source of A1r Pollution
Control Action
2.
3.
Oil or Coal-fired process
steam generating facilities,
a. Maximum utilization of mid-day (12 Noon
to 4 P.M.) atmospheric turbulence for
boiler lancing and soot blowing.
b. Substantial reduction of steam load
demands consistent with continuing
plant operations.
c. Maximum reduction of the use of elec-
trical devices.
a. Substantial reduction of air pollutant
emissions from manufacturing operations
by curtailing, postponing, or deferring
productions and all operations.
b. Maximum reduction by deferring the
operation of trade waste disposal opera-
tions which emit solid particles, gas
vapors or malodorous substances.
c. Maximum reduction of heat load demands
for processing.
d. Maximum utilization of mid-day (12 Noon
to 4 P.M.) atmospheric turbulence for
boiler lancing or soot blowing.
e. Maximum reduction of the use of elec-
trical devices.
TABLE II
Minimum Abatement Strategies for Emission Reduction Plans
Manufacturing, .industries of
the following-classifications:
Primary Metals
Petroleum Refining
Chemical
Mineral Processing
Paper and Allied Products
Grain
Stage II Condition
Source of Air Pollution
Oil or Coal-fired electric
power generating facilities,
Control Action
Oil or Coal-fired process
steam generating facilities,
a. Maximum utilization of mid-day (12 Noon
to 4 P.M.) atmospheric turbulence for
boiler lancing and soot blowing.
b. Maximum reduction of fuel burning by
diverting electric power generation to
facilities outside of the area.
a. Maximum utilization of mid-day (12 Noon
to 4 P.M.) atmospheric turbulence for
boiler lancing and soot blowing.
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3.
Manufacturing industries of
the following classifications:
Petroleum Refining
Chemical >
Primary Metals
Glass
Paper and Allied Products
Source of Air Pollution Control Action
b. Substantial reduction of steam load
demands consistent with continuing
plant operations.
c. Maximum reduction of the use of elec-
trical devices.
a. Maximum reduction of air pollutant
emissions from manufacturing opera-
tions by, if necessary, assuming
reasonable economic hardships by post-
poning production and allied opera-
tion.
b. Maximum reduction by deferring the
operation of trade waste disposal
operations which emit solid particles,
gases, vapors, or malodorous sub-
stances.
c. Maximum reduction of heat load de-
mands for processing.
d. Maximum utilization of mid-day (12 Noon
to 4 P.M.) atmospheric turbulence for
boiler lancing or soot blowing.
e. Maximum reduction of the use of elec-
trical devices by assuming reasonable
economic hardship.
TABLE III
Minimum Abatement Strategies for Emission Reduction Plans
Emergency Condition
Source of Air Pollution
Control Action
1.
Oil or Coal -fired electric
power generating facilities.
Maximum utilization of mid-day (12 Noon
to 4 P.M.) atmospheric turbulence for
boiler lancing or soot blowing.
Maximum reduction of fuel burning by
diverting electric power generation
to facilities outside of Emergency
area.
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Source of Mr Pollution
Control Action
2. 011 or Coal-fired process
steam generating facilities,
3. Manufacturing industries of
the following classifications;
Primary Metals
Petroleum Refining
Chemical
Mineral Processing
Grain
Paper and Allied Products
a. Maximum reduction of fuel burning by
reducing heat and steam demands to
absolute necessities consistent with
preventing equipment damage.
b. Maximum utilization of mid-day (12 Noon
to 4 P.M.) atmospheric turbulence for
boiler lancing and soot blowing.
c. Maximum reduction of the use of elec-
trical devices without causing physical
injury to persons.
a. Elimination of air pollutant emissions
from manufacturing operations by ceas-
ing, curtail ing* postponing or defer-
ring production and allied operations
to the extent possible without causing
physical injury to persons
b. Elimination of air pollutant emissions
from trade waste disposal processes
which emit solid particles, gases,
vapors or malodorous substances.
c. Maximum reduction of heat load demands
for processing.
d. Maximum utilization of mid-day (12 Noon
to 4 P.M.) atmospheric turbulence for
boiler lancing or soot blowing.
e. Maximum reduction of the use of elec-
trical devices.
TABLE IV
Emergency Business and Establishment List
1. All construction work except that which must proceed to avoid imminent physi-
cal harm to persons.
2. All manufacturing establishments.
3. All wholesale trade establishments, i.e., places of business primarily en-
gaged in selling merchandise to retailers, or industrial, commercial, insti-
tutional or professional users, or to other wholesalers, or acting as agents
in buying merchandise for or selling merchandise to such persons or compan-
ies, except those engaged in the distribution of drugs, surgical supplies and
food.
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4. All offices of local, county and State government Including authorities,
joint meetings, and other public bodies excepting such agencies which are
vital for public safety and welfare and the enforcement of the provisions
of this Regulation.
5. All retail trade establishments except pharmacies, surgical supply distrib-
utors, and stores primarily engaged in the sale of food.
6. Banks, credit agencies, securities and commodities brokers, dealers, ex-
changes and services; offices of insurance carriers, agents and brokers,
real estate offices.
7. Wholesale and retail laundries, laundry services and cleaning and dyeing
establishments; photographic studies, beauty shops, barber shops.
8. Advertising offices; consumer credit reporting, adjustment and collection
agencies; duplicating, addressing, blueprinting; photocopying, mailing,
mailing list and stenographic services; equipment rental services, com-
mercial testing laboratories.
9. Automobile repair and service garages.
10. Establishments rendering amusement and recreational services including mo-
tion picture theaters.
11. Elementary and secondary schools, colleges, universities, professional
schools, junior colleges, vocational schools, and public and private librar-
ies.
REGULATION. V
(50.4) REGULATION FOR AIR MANAGEMENT
CONTROL OF EMISSIONS OF ORGANIC SUBSTANCES FROM STATIONARY SOURCES
(1.0) Section I - Definitions
Architectural Coating
Any coating used for residential, commercial or industrial buildings and
their appurtenances.
Kerosine
Any petroleum hydrocarbon which when distilled by ASTM standard test method
D 86-67 will give a temperature of 401°F or less at 10 percent point recovered.
Oil-Effluent Water Separator
Any tank, box, sump, or other container or group of such containers in
which any organic material floating on, or entrained, or contained in water
entering such containers is physically separated and removed from such water
prior to the exit from the container of such water.
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rganic Material
Chemical compounds of carbon excluding carbon monoxide, carbon dioxide,
carbonic acid, metallic carbonates, metallic carbides and ammonium carbonates.
Organic Solvent
An organic material which is liquid at standard conditions and which is
used as a dissolver, viscosity reducer or cleaning agent.
Photo°Reactive Organic Material
Any organic material which will react with oxygen, excited oxygen, ozone
and/or other free radicals generated by the action of sunlight on components in
the atmosphere giving rise to secondary contaminants and reaction intermediates
in the atmosphere which can cause detrimental effects.
Photochemically Reactive Organic Materials
A photochemically reactive organic material is:
(T) Any combination of hydrocarbons, alcohols, aldehydes, esters or ketones
having an olefinic or cyclo-olefinic type of unsaturation comprising
5 percent or more by volume of the organic material, or
(2) Any combination of aromatic compounds with eight or more carbon atoms
to the molecule except ethyl benzene comprising 8 percent or more by
volume of the organic material, or
(3) Any combination of ethylbenzene, ketones having branched hydrocarbon
structures, trichloroethylene, or toluene comprising 20 percent or
more by volume of the organic material, or
(4) Any combination of any of the above mentioned chemical compounds com-
prising 20 percent or more by volume of the organic material.
Reid Vapor Pressure
Reid Vapor Pressure (RVP) is the absolute pressure in pounds per square
inch determined at 100°F and v/1 = 4 (ratio of vapor volume to liquid volume,
as defined in ASTM designation D 323-58) by using apparatus and procedures as
standardized under the auspices of the American Society for Testing Materials.
Submerged Fill Pipe
Any fill pipe0 the discharge opening of which is submerged when the liquid
level is 6 inches above the bottom of the tank.
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(51.16) Section II - Storage Tank
A. No person shall place or store in any stationary storage tank or con-
tainer of 40,000 gallon capacity or greater, any organic material hav-
ing a vapor pressure of 1.5 pounds per square Inch absolute or greater
at actual storage conditions unless one of the following organic mate-
rial vapor control devices properly installed and well maintained is in
operation:
(1) A floating roof resting on the surface of the liquid contents
equipped with a closure seal, or seals, to close the space between
the roof edge and tank wall, and in addition, all tank gauging and
sampling devices shall be gas-tight except when in use, or
(2) A pressure tank system maintaining a pressure at all times so as to
prevent organic material loss to the atmosphere, or
(3) A vapor recovery system capable of collecting the organic materials
emitted from the tank and disposing of these emissions so as to
prevent their emission to the atmosphere, and In addition, all
tank gauging and sampling devices shall be gas-tight except when in
use, or
(4) Other equipment equal or greater in efficiency to those devices
listed above, and approved by the Department.
B. No person shall place, or store in any stationary storage tank or con-
tainer of 40,000 gallon capacity or greater, any organic material hav-
ing a vapor pressure of 11.0 pounds per square inch absolute or greater
at actual storage conditions unless one of the following organic mate-
rial vapor control devices properly installed and well maintained, is
in operation:
(1) A pressure tank system maintaining a pressure at all times.so as to
prevent organic material loss to the atmosphere, or
(2) A vapor recovery system capable of collecting the organic materials
emitted from the tank and disposing of these emissions so as to
prevent their emission to the atmosphere, and in addition, all tank
gauging and sampling devices shall be gas-tight except when in use,
or
(3) Other equipment equal or greater in efficiency to those devices
listed above, and approved by the Department.
(51.16) Section III. Oil-Effluent Water Separator
No person shall use any compartment of any single or multiple compartment
oil-effluent water separator which may receive 200 gallons a day or more of or-
ganic materials or mixture of organic materials consisting of kerosine or more
volatile organic materials unless one of the following organic material vapor
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control devices properly Installed and well maintained, 1s 1n operation:
(1) A solid cover sealed and totally enclosing the liquid contents, and in
• addition, all gauging and sampling devices shall be gas-tight except
when in use, or
(2) A floating roof resting on the surface of the liquid contents equipped
with a closure seal or seals to close the space between the roof edge
and walls, and in addition, all tank gauging and sampling devices be
gas-tight except when in use, or
(3) A vapor recovery system capable of collecting the organic materials
emitted from the separator and disposing of these emissions so as to
prevent their emission to the atmosphere, and in addition, all tank
gauging and sampling devices shall be gas-tight except when in use, or
(4) Other equipment equil or greater In efficiency to those devices listed
above„ and approved by the Department.
(2.0) Section IV. Pumps and Compressors
All pumps handling organic materials having a vapor pressure of 1.5 pounds
per square inch absolute or greater at ambient conditions and compressors in
organic material service shall have mechanical seals, or other components of
equal or greater efficiency approved by the Department.
(51.16) Section V. Organic Material Loading
A. No person shall load any organic material having a Reid vapor pressure
of 4.0 pounds or greater into any tank truck, tank car, or trailer from
any loading facility from which 20,000 gallons or more of such organic
material are loaded 1n any one day from this facility unless this facil-
ity is equipped with a vapor recovery system properly installed, well
maintained, in operation, and approved by the Department. Such a vapor
recovery system shall be capable of collecting the organic materials
emitted from the filling operation and disposing of these emissions so
as to prevent their release to the atmosphere. All loading connections
in the system shall be equipped with fittings which shall be vapor
tight and will automatically and immediately close upon disconnection so
as to prevent organic material emissions from these fittings.
This section shall not apply to the loading of fuel tanks of motor vehi-
cles as defined by the Pennsylvania Department of Transportation.
B. No person shall load or permit the loading of any organic material having
a Reid vapor pressure of 4.0 pounds or greater from any tank truck, tank
car or trailer into a stationary tank with a capacity of 250 gallons or
more except through a permanent submerged fill pipe unless the tank is
equipped with an approved vapor control system as described in Section
II.
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This section shall not apply to the loading of such organic materials
into any tank having a capacity of less than ?,000 gallons which was
installed underground prior to the date of adoption of this Regulation.
(50.4) Section VI. Organic Solvents
A. No person shall discharge any organic material into the atmosphere or
into any building or other enclosure in any one day from any machine,
equipment or device in which any organic solvent or solvent containing
material is in direct contact with a flame or is baked, heat-cured or
heat polymerized in the presence of oxygen unless this discharge does
not exceed 15 pounds per day or is reduced by at least 85 percent over-
all.
B. No person shall discharge any organic material into the atmosphere or
into any building or other enclosure in any one day from any machine,
equipment or device not specifically defined in Section VI A. used for
employing, applying, evaporating or drying any photochemical^ reactive
organic solvent as defined in Section I or material containing such
solvent unless this discharge does not exceed 40 pounds per day or is
reduced by at least 85 percent overall.
C. This section shall not apply to the employment, application, evaporation
or drying of saturated halogenated hydrocarbons or perchloroethylene.
(50.4) Section VII. Processing of Photochemlcally Reactive Organic Materials
No person shall discharge any organic material into the atmosphere or into
any building or other enclosure in any one day from any machine, equipment or
device not specifically defined in Section VI A. used in the processing and/or
manufacturing of photochemically reactive organic material as defined in Section
I or substance containing such photochemically reactive organic material unless
this discharge does not exceed 40 pounds per day or is reduced by at least 85
percent overal1.
(50.4) Section VIII. Architectural Coatings
No person shall sell or offer for sale, employ, apply or evaporate in the
City of Philadelphia any architectural coating purchased in a quantity of one
gallon or more containing a photochemically reactive solvent as defined in
Section I.
No person shall thin or dilute any architectural coating for use in the City
of Philadelphia, with a solvent containing a photochemically reactive solvent as
defined in Section I 1n any quantity.
All containers of architectural coatings sold, employed, applied or evapor-
ated in the City of Philadelphia purchased in a quantity of one gallon or more
containing any approved solvent shall be labeled to indicate compliance with
this Regulation.
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(51.16) Section IX. Disposal of Solvents
No person shall during any one day dispose of a total of more than 5 gallons
of any photochemically reactive solvent as defined in Section I by any means
which will permit evaporation of such solvent into the atmosphere.
(50.6) Section X. Odors
Where organic materials referred to in this regulation are odorous, the
emissions of such materials shall be in compliance with this regulation and, in
addition, shall be controlled as required to prevent any odor nuisance they might
create.
(5U2) Section XL Radioactive and Toxic Organic Materials
Where organic materials referred to in this regulation are radioactive or
toxic in nature, additional requirements may be imposed by the Department to
reduce continuous and periodic emissions to levels necessary to prevent a health
hazards, and to prevent the accidental release of such materials into the atmos-
phere.
(2.0) Section XII. Circumvention
No person shall build, erect, install or use any article, machine, equipment
or other contrivance, the sole purpose of which is to dilute or conceal an
emission without resulting in a reduction in the total release of air contamin-
ants to the atmosphere.
(2oO) Section XIII. Severability
The provisions of this regulation are severable and if any provision, sen-
tences clause, section or part thereof shall be held illegal, invalid, unconsti-
tutional or inapplicable to any person or circumstance: such illegalitys invalid-
ity B unconstitutionality, or inapplicability shall not affect or impair any of
the remaining provisions, sentences, clauses, section or part of the ordinance
or their application to him or to other persons and circumstances. It is hereby
declared to be the legislative intent that these regulations would have been
adopted if such illegal, invalid, or unconstitutional provision, sentence, clause
or part had not been included therein, and if the person or circumstances to
which the ordinance or any part thereof is applicable had not specifically been
exempted therefrom.
(2.0) Section XIV. Effective Date
Except as otherwise provided, these regulations shall become effective upon
adoption. The owner of any source of emission, in existence or under construct-
ion at the time of adoption, shall notify the-Department within six months from
the effective date, by an approved compliance schedule filed, of his intent to
discontinue any operations or activities which cause any emissions that result
in an emission in violation of these regulations or to control such emission to
the extent required by these regulations, or that the emission is in compliance.
Within a period of eighteen months from the effective date, compliance shall ba
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I obtained at all sources of emission within the scope of this regulation.
I
... REGULATION VIII
j (50.5) CONTROL OF EMISSIONS OF CARBON MONOXIDE FROM STATIONARY SOURCES
(1.0) Section I - Definitions
Stationary Source
. Any building, structure, facility, or installation which is fixed in a cer-
| tain place or position which emits or may emit any air contaminants.
I Person
! Any individual, natural person, syndicate, association, partnership, firm,
corporation, institution, agency, authority, department, bureau, or instrumen-
tality of federal, state, or local government or other entity recognized by law
^ as a subject of rights and duties.
j (2.0) Section II - General
t
• No person shall emit carbon monoxide gases generated during the operation of
s the following sources unless the gases are incinerated at a temperature of not
I less than 1400 degrees Fahrenheit for a period of not less than 0.5 seconds or
' are controlled by means of equal or greater efficiency:
I (1) Gray iron cupola furnace, or
; (2) Blast furnace, or
(3) Basic oxygen steel furnace, or
' (4) Catalyst regeneration of a petroleum cracking system, or
, (5) Petroleum fluid coker, or
' (6) Other stationary sources emitting Carbon Monoxide (CO) in a concentra-
! tion greater than one (1) percent by volume in the exhaust gases.
i (9.0) Section III - Equipment Monitoring
An instrument or instruments for continuously monitoring and/or recording
emissions of carbon monoxide or process parameters well maintained, in operation,
J and approved by the Department shall be installed at all sources governed by
i this Regulation when required by the Department.
< (2.0) Section IV - Circumvention
4
No person shall build, erect, install or use any article, machine, equipment
; or other contrivance, the sole purpose of which is to dilute or conceal an emis-
sion without resulting in a reduction in the total release of air contaminants to
! the atmosphere.
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(2.0) Section V - Severability
The provisions of these regulations are severable and if any provision, sen-
tences clause, section or part thereof shall be held illegal, invalid, unconsti-
tutional or inapplicable to any person or circumstances, such illegality, invalid-
ity, unconstitutionality or Inapplicability shall not affect or impair any of
the remaining provisions, sentences, clauses, sections or parts of the ordi-
nance or their application to him or to other persons and circumstances. It is
hereby declared to be the legislative intent that these regulations would have
been adopted if such illegal, invalid, or unconstitutional provision, sentence,
clause or part had not been included therein, and if the person or circumstances
to which the ordinance or any part thereof is inapplicable had not specifically
be exempted therefrom.
(2.0) Section VI - Effective Date
Except as otherwise provided, this Regulation shall become effective upon
adoption. The owner of any source of emission, in existence or under construct-
ion at the time of adoption, shall notify the Department within three months
from the effective date, by an approved compliance schedule, filed, of his in-
tent to discontinue any operations or activities which cause any emissions that
result in an emission in violation of these regulations or to control such emis-
sion to the extent required by these regulations, or that the emission 1s in
compliance. Within a period of eighteen months from the effective date, com-
pliance shall be obtained at all sources of emission within the scope of this
regulation.
(50.1.2) REGULATION IX
(12.0)
CONTROL OF VISIBLE EMISSIONS FROM MOBILE SOURCES
(1.0) Section I - Definitions
Air Contaminants
Any smoke, soot, flyash, dust, cinders, dirt, noxious or obnoxious acids,
fumes,, oxides, gases, mists, aerosols, vapors, odors, toxic or radioactive sub-
stances, waste, particulate, solid, liquid or gaseous matter, or any other mate-
rials in the outdoor atmosphere.
Diesel Powered Motor Vehicle
A self propelled vehicle designed for transporting persons or property
which is propelled by a compression ignition type of internal combustion en-
gine.
Gasoline Powered Motor Vehicle
A self propelled vehicle designed primarily for transporting persons or
property which 1s propelled by a thermal ignition type of internal combustion
engine, using gasoline as the fuel.
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Motor Vehicle
All vehicles propelled other than by muscular power except such vehicles as
run only on rails or tracks.
Opacity
The property of a substance which renders it partially or wholly obstructive
to the transmission of visible light expressed as a percentage to which the light
is obstructed.
Person
Any individual, natural person, syndicate, association, partnership, firm,
corporation, institution, agency, authority, department, bureau, or instrumental-
ity of Federal, State, or local government or other entity recognized by law as
a subject of rights and duties.
(12.0) Section II - Standard of Emissions
A. No person shall permit, cause, suffer, or allow the discharge into the at-
mosphere of a visible emission of air contaminants except uncombined
water from a gasoline powered motor vehicle at any time, except for
three (3) consecutive seconds after starting the engine.
B. No person shall permit, cause, suffer or allow the discharge into the
atmosphere of a visible emission of air contaminants except uncombined
water from a diesel powered motor vehicle at any time, except for
three (3) consecutive seconds after starting the engine, except as
otherwise provided 1n Section II, Part C of this Regulation.
C. No person shall permit, cause, suffer, or allow the discharge into the
atmosphere of a visible emission of air contaminants except uncombined
water from a diesel powered motor vehicle except for a period of less
than five (5) consecutive seconds while in motion.
D. No person shall permit, cause, suffer or allow the discharge into the
atmosphere of a visible emission of air contaminants except uncombined
water in excess of 20 percent opacity from a motor vehicle at any time.
E. Persons certified by the Department may make observations to determine
compliance with Section II, Part D of this Regulation without direct
reference to standards.
(2.0) Section III - Circumvention
No person shall build, erect, install or use any article, machine, equipment
or other contrivance, the sole purpose of which 1s to dilute or conceal an emis-
sion without resulting in a reduction in the total release of air contaminants to
the atmosphere.
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(2.0) Section IV - Severability
The provisions of these regulations are severable and if any provision,
sentence, clause, section or part thereof shall be held illegal, invalid, un-
constitutional or inapplicable to any person or circumstances, such illegality,
invalidity9 unconstitutionality or inapplicability shall not affect or impair
any of the remaining provision, sentences, clauses, sections or parts of the
ordinance or their application to him or to other persons and circumstances. It
is hereby declared to be the legislative intent that these regulations would
have been adopted if such illegal, invalid or unconstitutional provision, sen-
tence, clause or part had not been included therein, and if the person or circum-
stances to which the ordinance or any part thereof is inapplicable had not
specifically been exempted therefrom.
(2.0) Section V - Effective Date
Except as otherwise provided, this regulation shall become effective upon
adoption.
(10.0) REGULATION X
COMPLEX SOURCE REVIEW'
(1.0) Section I - Definitions
Complex Source
A facility, building, structure or installation, or combination thereof, that
has or leads to secondary or adjunctive activity which emits or may emit a pol-
lutant for which there is a national ambient air quality standard. These sources
include, but are not limited to:
(1) Shopping Centers;
(2) Sports complexes;
(3) Drive-in theaters-,
(4) Parking lots and garages;
(5) Residential, commercial, industrial, and institutional developments;
(6) Amusement parks and recreational areas;
(7) Highway and transportation facilities;
(8) Sgwer0 water, power, and gaslines, and
(9) Other such facilities which will result in increased emissions from
motor vehicles or stationary sources.
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National Ambient A1r Quality Standards
Those primary and secondary ambient air quality standards which are promul-
gated by the Administrator of the United States Environmental Protection Agency.
Person
Any Individual, natural person, syndicate, association, partnership, firm,
corporation, institution, agency, authority, department, bureau, or instrumen-
tality of federal, state, or local government or other entity recognized by law
as a subject of rights and duties.
Philadelphia CBD
The area within the City of Philadelphia bounded by but not Including, Vine
Street, South Street, the Schuylklll River, and the Delaware River.
(2.0) Section II - General Provisions
A. No person shall construct, reconstruct, alter or install any complex
source, except as provided 1n Section II B. before obtaining written
approval from the Department for such construction, reconstruction,
alteration or installation.
B. The requirements of Section II A. shall not apply to the following
complex sources:
I (1) Commercial or industrial facilities with gross leasable area or
1 floor space less than 500,000 square feet;
t
! (2) New or modified parking facilities within the Philadelphia CBD
j with total capacity of less than 250 motor vehicles and new or
• modified parking facilities outside of the CBD with total capaci-
j ty of less than 500 motor vehicles;
! (3) Facilities of less than one hundred (100) dwelling units or groups
of facilities of less than one hundred dwelling units;
: (4) Such other complex sources as the Department determines to have
i negligible air quality Impact.
j
I C. Nothing contained in this Section shall be taken to excuse or relieve
! any person from complying with any applicable provision of the Air Man-
; agement Code or any regulation adopted thereunder.
(2.0) Section III - Air Quality Impact Review
A. Request for Approval
) Request for approval to construct, reconstruct, alter or install any
I complex source shall be made to the Department by the person responsible
for such source and shall include submission of an air quality impact
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statement sufficiently detailed to show all actual and potential Im-
pacts on the existing air quality resulting directly, or indirectly,
from the facility at the site, and in the area, neighborhood and -re-
gion.
B. Review Procedures
(1) The Department shall establish procedures and guidelines for use
in the preparation, submission and review of air quality impact
statements and shall prescribe the information to be supplied in
order to determine the effect of the complex source on air qual-
ity.
(2) Information to be given in the statement shall include, but not be
limited to, the following:
(a) Location and general description of the proposed facility or
project.
(b) Information on the nature, design, construction and operation
of the facility.
(c) Information on the transportation related aspects of the
project Including mass transit, traffic patterns and parking
facilities.
(d) The nature and amounts of air contaminants to be emitted di-
rectly from the facility or emitted by associated mobile
sources.
Any additional Information, evidence or documentation that the
Department may require shall be furnished upon request.
(3) The Department shall make available for public inspection inform-
ation submitted by the person responsible for the proposed project
or facility, as well as the Department's analysis of the effect on
air quality and proposed approval or disapproval, and provide a
period of at least thirty (30) days after prominent advertisement
for the submlttal of public comment.
C. Conditions of Approval
(1) Approval to construct, reconstruct, alter or install any complex
source shall be granted only upon demonstration to the satisfac-
tion of the Department that such source will not violate any pro-
vision of the Air Management Code or Regulations of the Air Pol-
lution Centre! Board or prevent or interfere with the attainment
or maintenance of any national ambient air quality standard in
the neighborhood, area or region.
(2) Such approval shall not exempt any person from prosecution for
violation of the Air Management Code, Regulations of the Air
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' Pollution Control Board or any applicable laws of the Commonwealth
I of Pennsylvania or the United States Government.
1 (2.0) Section IV - Severability
| The provisions of these Regulations are severable and if any provision,
sentence, clause, section or part thereof shall be held illegal, invalid, un-
3 constitutional or inapplicable to any person or circumstances, such illegality,
; invalidity, unconstitutionality or inapplicability shall not affect or impair
i any of the remaining provisions, sentences, clauses, sections or parts of the
ordinance or their application to him or to other persons and circumstances.
It is hereby declared to be the legislative intent that these regulations would
have been adopted if such illegal, Invalid or unconstitutional provision, sen-
' tence, clause or part had not been Included therein, and 1f the person or cir-
1 cumstances to which the ordinance or any part thereof 1s Inapplicable had not
] specifically been exempted therefrom.
j (2.0) Section V - Effective Date
j
! Except as otherwise provided, this Regulation shall become effective upon
i adoption.
j (51.9) REGULATION XI
! CONTROL OF EMISSIONS FROM INCINERATORS
(1.0) Section I - Definitions
Batch Incineration
; A batch incineration is one in which refuse is charged, burned, and residue
removed in sequence prior to re-charging of any additional refuse to the incin-
erator.
Continuous Incineration
A continuous incineration operation is one in which the charging of refuse
and burning shall occur simultaneously and continuously, and removal of residue
may occur simultaneously and continuously.
; Department
The Department of Public Health of the City of Philadelphia or any duly
j authorized representative thereof.
: Flyash
Particulate matter capable of being gasborne or airborne and consisting
':• essentially of fused ash and/or burned or unburned material.
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Garbage
Animal and vegetable material or direct derivatives of animal or vegetable
material waste matter.
Incinerator
All devices intended or used for the destruction of rubbish, garbage, de-
bris, scrap, human and animal remains, other refuse, or other combustible mate-
rials by means of burning of extraneous materials.
Odor
Smells or aromas which are unpleasant to persons, or which tend to lessen
human food and water intake, interfere with sleep, upset appetite, produce irri-
tation of the upper respiratory tract, or create symptoms of nausea, or which
by their inherent chemical or physical nature, or method or processing, are or
may be detrimental or dangerous to health. Odors and smell are used herein
interchangeably.
/
Multiple Chambers
Two or more areas or sections In an incinerator of which one is for the
primary combustion of refuse and another for secondary combustion of materials
from the primary combustion chamber.
Opacity
The property of a substance which renders it partially or wholly obstruc-
tive to the transmission of visible light expressed as a percentage to which
the light 1s obstructed.
Particulate Matter
Any material, except uncomblned water, that exists in a finely divided
form as a liquid or solid at standard conditions.
Person
Any individuals natural persons syndicate, association, partnership, firm,
corporation, Institution, agency,, authority, department, bureau, or instrumen-
tality of federal, state or local government or other entity recognized by law
as a subject of rights and duties.
Standard Conditions
A gas temperature of 60 degrees Fahrenheit and a gas pressure of 14.7
pounds per square inch absolute. •
Standard Cubic Foot
A cubic foot of gas at standard conditions.
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Type 0 Waste
j A mixture of highly combustible waste such as paper, cartons, or scrap
wood containing approximately ten (10) percent on less moisture, and five (5)
i percent or less incombustible sol Ids. The heating value of Type 0 Waste is
I approximately 8500 BTU per pound of waste as fired.
i
j Type 1 Waste
i
j A mixture of combustible waste such as paper, cartons, or scrap wood con-
\ taining approximately ten (10) to twenty five (25) percent moisture, and ten
(10) percent or less incombustible solids. The heating value of Type 1 Waste
is approximately 6500 BTU per pound of waste as fired.
I Type 2 Waste ' .
!
! A mixture of approximately equal amounts, by weight, of rubbish and gar-
j bage containing approximately fifty (50) percent or less moisture and approxi-
] mately seven (7) percent or less Incombustible solids. The heating value of
i Type 2 Waste is approximately 4300 BTU per pound waste as fired.
i
' Type 3 Waste
j It f -_--•_ . — • ..._._-- T ..
! Garbage wastes containing approximately seventy (70) percent or less
j moisture and approximately five (5) percent or less incombustible solids. The
i heating value of Type 3 Waste is approximately 2500 BTU per pound waste as
1 fired.
Type 4 Waste
Human and animal remains consisting of carcasses, organs, other body parts
and solid organic wastes containing approximately eighty-five (85) percent or
less moisture and five (5) percent or less of incombustible solids. The heat-
ing value of Type 4 Waste is approximately 1000 BTU per pound waste as fired.
Type 5 Waste
Liquid or semi-liquid by-product combustible waste such as tar, paint, sol-
vents and other similar materials from industrial operations.
i
Type 6 Waste
Solid by-product combustible waste such as rubber, plastics, wood, and
;' other materials from industrial operations. The heating value of Type 6 Waste
; is greater than 9500 BTU per pound of waste as fired.
(2.0) Section II - General Provisions
A. No person shall permit, cause, suffer or allow the installation, or
operation of any incinerator on or after the date of adoption of this
Regulation which has a burning rate of less than 10,000 pounds per
hour, and is intended to, or does incinerate Types 0, 1 or 2 wastes,
-------
'*jdLZ ^^--^^-^ ••'saiag-.'rjfeaj.vs*
except as a replacement of similar capacity to an existing, operating
Incinerator at the same location.
B. All Incinerators shall be equipped with multiple chambers, an auxil-
iary heat source, and suitable controls, as required by the Department.
C. All Incinerators Installed prior to the date of adoption of this Regu-
lation, having a burning rate exceeding 10,000 pounds per hour, shall
be in compliance with this Regulation by May 19, 1974.
(50.0) Section III - Emission Limitations
A. Particulate Matter
(1) No person shall permit, cause, suffer, or allow the discharge into
the atmosphere of particulate matter from any incinerator instal-
led after the date of adoption of this Regulation in excess of
0.08 grains per standard cubic foot of flue gas on a dry basis
. adjusted to 12% carbon dioxide (COg) as measured by stack testing
methods approved by the Department.
(2) No person shall permit, cause, suffer, or allow the discharge into
the atmosphere of particulate matter from any Incinerator Installed
prior to the date or adoption of this Regulation in excess of 0.10
grains per standard cubic foot of flue gas on a dry basis adjusted
to 12% carbon dioxide (C0£) as measured by stack testing methods
approved by the Department.
8. Visible Emissions
(1) No person shall permit, cause, suffer or allow the discharge into
the atmosphere from any incinerator any visible emission except
uncombined water for a period of more than thirty (30) consecutive
seconds in any one hour or an aggregate of more than three (3)
minutes in any calendar day which is equal to or greater than
twenty (20) percent opacity, or for any period which is equal to
or greater than sixty (60) percent opacity.
(2) No person shall permit, cause, suffer or allow the discharge from
any Incinerator of any visible flyash into the atmosphere.
(3) Trained employees certified by the Department may make observa-
tions to determine compliance with the above provision without
direct reference to standards.
(2.0) Section IV - Operation
No person shall permit, cause, suffer or allow the operation of an incin-
erator unless:
A. It has been properly installed and well maintained, and
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B: All structural components and control equipment are properly Installed
and well maintained, and
C. All control equipment 1s 1n full operation, and
D. It Is incinerating only those types of waste and not more than the
maximum quantity of waste for which it is designed, and
E. It is being operated by a person instructed in the proper operation of
the incinerator, and
F. A current operating license has been obtained.
(3.0) Section V - Permits and Licenses
A. Installation Permit
An Air Pollution Control Installation Permit shall be obtained prior to
the Installation, conversion, or alteration of any Incinerator. Appli-
cation for this Permit shall be made on forms provided by the Depart-
ment. Detailed plans and specifications shall be Included with the
application form and shall Include but not be limited to the following
information:
(1) The estimated daily amount and type of refuse to be incinerated,
the basis for this estimate, and the design capacity of the in-
cinerator.
(2) Engineering drawings of the Incinerator, the stack, and the charg-
ing chute, and air pollution control equipment, if any. The lo-
cations of overflre and underffre air inlets shall be shown in
the drawings.
(3) The location and height of the building housing the incinerator
and of immediately surrounding buildings.
(4) The location and details of the combustion air inlets to the in-
cinerator room or area, the burners and other incinerator equip-
ment.
(5) The location of and details of all air pollution control equip-
ment.
(6) The list of operating and maintenance procedures recommended by
the manufacturer of the incinerator, including a statement indi-
eating batch or continuous incinerator operation.
B. License to Operate
(1) The application for a license to operate an incinerator shall be
filed at least two weeks 1n advance of the date of initial opera-
tion. Prior to the operation of the installation, the Department
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shall approve or disapprove the application, or notify the appli-
cant that the Installation is Incomplete with approval withheld
pending completion or that a period of demonstration or test op-
eration is required before approval may be granted.
(2) Prior to issuance of this license to operate, the Department shall
require from the owner of the incinerator a written statement that
the operator of the unit has been properly instructed in the opera-
tion and maintenance of the incinerator.
(2.0) Section VI - Circumvention
No person shall build, erect, install or use any article, machine, equip-
ment or other contrivance, the sole purpose of which is to dilute or conceal an
emission without resulting 1n a reduction in the total release of air contamin-
ants to the atmosphere.
(2.0) Sectiqn Vfl - Severability
The provisions of these regulations are severable and if any provision,
sentences clause, section or part thereof shall be held illegal, invalid, un-
constitutional or inapplicable to any person or circumstances, such illegality,
Invalidity, unconstitutional1ty or Inapplicability shall not affect or Impair
any of the remaining provisions, sentences, clauses, sections or parts of the
ordinance or,their application to him or to other persons and circumstances. It
1s hereby declared to be the legislative intent that these regulations would
have been adopted 1f such Illegal, invalid or unconstitutional provision, sen-
tence, clause or part had not been Included therein, and if the person or circum-
stances to which the ordinance or any part thereof is inapplicable had not
specifically been exempted-therefrom.
(2.0) Section VIII - Effective Date
Except as otherwise provided, this Regulation shall become effective upon
adoption.
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ALLEGHENY COUNTY HEALTH DEPARTMENT
Rules and Regulations
ARTICLE XVIII
AIR POLLUTION CONTROL
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(1.0) 1800 DEFINITIONS
For the purpose of this Article, whenever any of the following words or
terms are used herein or 1n any action proceeding from the application of this
Article, they shall have the meaning stated hereinafter unless the context clear-
ly indicates otherwise.
Advi sory Committee
The Allegheny County Air Pollution Control Advisory Committee as establish-
ed in Section 1806 of this Article.
Air Contaminant
Any smoke,, dust, dirt, noxious or obnoxious acid, fume, oxide, gas, vapor
waste, toxic waste, particulate, pollen, radioactive solid, liquid or gaseous
matter, odor-producing matter, or any other materials in the open air, but ex-
cluding uncombined water.
Air Pollution
The presence 1n the ambient air of one or more air contaminants in suffi-
cient quantity and of such characteristics and duration which may be expected to
be injurious to human, plant, or animal life, or to property, or which inter-
feres with the comfortable enjoyment of life and property throughout the County
or throughout such areas of the County as shall be affected thereby.
Air Pollution Control Device
Any chemical, article, machine, equipment, or other contrivance, the use of
which may eliminate or reduce the emission of air contaminants into the open air.
Air Pollution Variance Board
The board established under the provisions of Section 1814 of this Article.
Ambient Air
That portion of the atmosphere external to buildings to which the general
public has access.
Ambient Air Quality Standards
Ambient air quality standards as set forth in this Article.
Article
Article XVIII of the Rules and Regulations of the Allegheny County Health
Department.
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Authorized Representative
An individual, firm, or corporation, designated by "person" as defined
herein* who has authority to act on behalf of such persons in all matters per-
taining to the Bureau of Air Pollution Control.
Best Obtainable Technology
Equipment, devices, systems, methods, or techniques which will prevent, re-
duce, or control emissions of air contaminants to the maximum degree possible
and which are obtainable even if such equipment, devices, methods, or techniques
are not in routine or actual use somewhere.
Board of County Commissioners
The Allegheny County Board of Commissioners.
Board of Health
The Allegheny County Board of Health.
Board
The Air Pollution Variance Board.
Bureau
Bureau of Air Pollution Control, Allegheny County Health Department.
Clean Air Act
42 U.S.C. 1857 et seq. as amended by the Air Quality Act of 1967, P.L. 90-
148 and by the Clean~AlFAct Amendments of 1970, P.L. 91-604 and the Rules and
Regulations promulgated thereunder.
Commi ttee
The Allegheny County Air Pollution Control Advisory Committee.
Condensed Fumes
The resulting collection in liquid or solid form, of matter emitted in
vapor, gaseous, or particulate form, such matter resulting from sublimation,
distillation, calcination, combustion, or other chemical or physical reaction.
County
The Couty of Allegheny.
Department
The Allegheny County Health Department.
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Director
The Director of'the Allegheny County Health Department or his or her desig-
nated representative.
Domestic Heating Plant
A plant generating heat for a single family residence, or for multiple-
dwelling units in which such plant serves fewer than three dwelling units. Un-
der this designation are: hot water heaters, stoves, and space heaters used in
connection with the foregoing establishments or to heat temporary buildings such
as those used by railroad and construction industries. Similar equipment, used
in multiple-dwelling units other than herein described or in permanent buildings
of commercial or industrial establishments, is not Included under this desig-
nation.
\ \
Domestic Refuse-Burning Equipment
Any refuse=burrnng equipment or incinerator used for a single family resi-
dence, or for multiple-dwelling units.
Dust
Particulate matter air-borne or capable of becoming air-borne.
Episode Stage
One of the four degrees of severity of an air pollution episode, defined by
the appropriate criteria to be either Watch, First Stage Alert, Second Stage
Alerts, or Emergency Stage.
Emissions
Air contaminants emitted into the open air.
/
Equivalent Opacity
The opacity which obscures vision to a degree equal to smoke of an equiva-
lent Ringelmann number.
\ \
Flue
Any duct, pipe, stack, chimney, or conduit permitting air contaminants to
be emitted into the open air. In order to be classified as a flue, such duct,
pipe, stack, chimney, or conduit must be of such a nature as to permit the per-
formance of the test methods and procedures specifically provided for in this
Article.
Flue Gases
All gases which leave a combustion chamber by way of a flue, including gas-
eous products of combustion, water vapor, excess oxygen, and nitrogen.
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Forecast
A prediction of weather conditions received from either a professional
Health Department meteorologist, a professional meteorological consultant to the
Health Department, or a weather prediction from the United States National
Weather Service.
Fuel-Burning or Combustion Equipment
Any furnace, boiler, apparatus, stack, and all appurtenances thereto, used
in the burning of fuel for the primary purpose of producing heat or power by in-
direct heat transfer, or producing power by direct momentum transfer.
Fuel
Any form of combustible matter, whether solid, liquid, vapor, or gas, or
combination thereof, primarily for, intended for, or used as a source of heat.
Fugitive Air Contaminants
Any air contaminant emitted Into the open air from other than a flue.
Incinerator
A device primarily used for the destruction of solid, liquid, or gaseous
wastes, or combination thereof, by burning, but not primarily combustion or
fuel-burning equipment or process equipment.
Index
Any one of the air quality averages to be computed in conjunction with the
Air Pollution Emergency Episode System. Four-, eight-, twelve-, and twenty-four
hour averages refer to running arithmetic means of the hourly averages of the
respective pollutants. The product index of the soiling index and sulfur di-
oxide concentration is to be computed by multiplying the running 12-hour or 24-
hour soiling Index by the respective running 12-hour or 24-hour sulfur dioxide
concentration.
Modification
Any physical change in a source or any change in the method of operation of
a source which will, or might reasonably be expected to, change the amount, ef-
fect, or characteristic of any air contaminant emitted by such source, or which
would result in the emission of any air contaminant not previously emitted.
Routine maintenance, repair, and replacement shall not be considered physical
changes.
Multiple-Chamber Incinerator
Any article, machine, equipment, contrivance, structure or part of a struc-
ture, used to dispose of combustible refuse by burning, consisting of three or
more refractory-lined combustion chambers in series, which chambers are physi-
cally separated by refractory walls and interconnected by gas passage ports cr
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ducts, and are of design employing parameters necessary for maximum combustion
of the material to be burned.
Odorous Matter
Air contaminants perceptible by the sense of smell.
Opacity
The degree to which emissions of air contaminants reduce the transmission
of light or obscure the view of an object in the background.
Open Air
All spaces outside of buildings, flues, chimneys, stacks, or exterior ducts
or vents, or any area to which air contaminants pass beyond control.
Open Burning
Any burning or combustion from which air contaminants are emitted directly
into the open air and not directed thereinto by a flue.
Participate Matter
Any material, except uncombined water, that is, or has been, air or gas-
borne and exists as a solid or liquid at 70°F and 14.7 pounds per square inch
absolute pressure.
Part Per Million (pptn)
A unit of pollutant concentration defined as one volume of gaseous pollutant
per million volumes of gas. .
Person
Any individual, natural person, syndicate, association, partnership, firm,
corporation, institution, agency, authority, department, bureau, or instrumen-
tality of Federal, State, or Local Government, or other entity recognized by law
as the subject of rights and duties.
Potential Emission
The quantity of air contaminants which may be emitted into the atmosphere
from an air contaminant source operated at its maximum rated capacity without
the use of any gas cleaning device. The potential emission may be determined by
sampling at the inlet of the air pollution control device or by estimating the
weight of emissions using estimating techniques approved by the Director.
Process
operation or series of operations, including all equipment, devices, or
contrivances, and all appurtenances thereto, including all ducts, stacks, etc.
for transforming materials into any product of manufacture, and which may cause
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any discharge of air contaminants Into the open air, but not including that
equipment specifically defined as fuel-burning or combustion equipment or incin-
erator. Similar or parallel operations within a process shall be considered as
a single operation except where such aggregation would result in a greater al-
lowable air contaminant emission rate.
Process Equipment
Any machine, device, system, or contrivance, used in any process, the use
of which may cause or contribute to any discharge into the open air of any air
contaminant, but not including fuel-burning or combustion equipment or inciner-
ator.
Rated Capacity
The operating limit of a source as stated by the manufacturer or as de-
termined by good engineering judgment.
Reactivation
The activation of a source or potential source of air contaminants which
has been out of production or operation for at least one year.
Reconstruction
Any material change or alteration of any existing fuel-burning or combus-
tion equipment, or process equipment, or device, from that physical or opera-
ting condition for which approval was last obtained; or the addition, removal,
or replacement of any appurtenances or devices, which materially affects the
method or efficiency of preventing the discharge of air contaminants into the
open air. , . . .
Rendering
A heated process, such as reduction, cooking, drying, dehydrating, digest-
Ing, evaporating, and protein processing.
Refuse
Garbage, rubbish, trade waste, or other waste.
Refuse-Burning Equipment
A device specifically designated for the combustion of refuse material. An
incinerator.
Ringelmann Scale
A scale by which the relative density of emissions of gray shade may be
compared, consisting of five steps, wherein 0 is equivalent to all white and 5
is equivalent to all black; the steps range from 0 percent for no perceptible
shade to one hundred (100) percent for black.
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Ringelmann Chart
A scale measurement system of grading the relative density of emissions of
gray shade by comparison with certain charts as described in the Bureau of Mines
Information Circular 8333.
Soiling Index
The darkness of a stain on a standard filter paper caused by pulling a sam-
ple of air through the filter paper, measured by the reduction in the transmis-
sion of visible light through the stained paper, and expressed as the coeffi-
cient of haze (COM).
Source
Any thing which emits or may emit an air contaminant, to which the provis-
ions of this Article are applicable.
A New Source is any source the construction of which was commenced after
the effective date of this Article, or any source that, although its construc-
tion was commenced or completed before the effective date of this Article, is
modified after the effective date of this Article in a manner which results in a
substantial increase in the emission of air contaminants or results in the emis-
sion of any air contaminant not previously emitted.
An Existing Source 1s any source other than a new source.
A Stationary Source is a source which does not move from place to place in
its diy-to-day oiperation.
Similar Sources are sources producing the same generic product or sources
used for the sama operation or on the same generic material.
A Potential Source is any source which would emit air contaminants if un-
controlled.
Standard Conditions
A temperature of 70°F and a pressure of 14.7 pounds per square inch abso-
lute.
Trade Waste '
Any waste resulting from the operation of any business, trade, or industry,
including but not limited to plastics, cartons, paints, grease, oil and other
petroleum products, chemicals, cinders, and any other form of solid, liquid, or
gaseous waste materials.. . \
Visible Emissions /
Emissions of air cbntaminants of such quantity or quality as to be seen in
contrast with any background.
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Volatile Organic Compound
Any compound containing carbon 1n combination with any other element, ex-
cepting carbon moqoxide, carbon dioxide, carbonic acid, metallic carbides, met-
allic carbonates, and ammonium carbonate, and which compound has a vapor pres-
sure of 1.5 pounds per square inch absolute or more, under actual storage or op-
erating conditions.
(2.0) 1801 PURPOSE
The purpose of this Article is to achieve and maintain the purity of the
air resources of Allegheny County consistent with the health, welfare, and com-
fort of the residents of the County and the protection of their property, and to
that end to require the use of all obtainable methods of preventing and control-
ling air pollution in the County.
The provisions of this Article shall apply in all areas of Allegheny County
unless otherwise specifically stated herein. \ i
(2.0) 1802 PROHIBITION OF AIR POLLUTION
j No person shall cause, suffer, or allow the release of air contaminants in-
to the open air to cause air pollution as defined in this Article, except as pro-
vided by this Article.
] (6-0) 1803 COMPLIANCE RESPONSIBILITIES
i •
, Compliance with any provision of this Article shall not relieve any person
of the responsibility to comply with any other provision of this Article, except
when such relief has been clearly provided for in this Article.
(.2.0) 1804 CIRCUMVENTION
No person shall cause, suffer, or allow the use of any device or technique,
including but not limited to the masking of odors, the operation of any source
with unnecessary amounts of air, and the combining of separate sources except
as specifically provided for 1n this Article, which without resulting in reduc-
tion of the absolute amount of air contaminants emitted conceals or dilutes an
emission of air contaminants which would otherwise be in violation of the pro-
visions of this Article.
(15.0) 1805 EXISTING ORDERS
All orders heretofore Issued shall continue in full force and effect, but
I in no event shall such orders relieve any person from compliance with this Arti-
cle.
j (2.0) 1806 ADMINISTRATION AND ORGANIZATION
j The provisions of these Rules and Regulations shall be administered and en-
I forced by the Allegheny County Health Department, Bureau of Air Pollution Control,
I and by the Director of the Allegheny County Health Department pursuant to
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.1 Amendments
Amendments to these Rules and Regulations shall be made in conformity
with the Local Health Administration Law, 1951, Aug. 24, P.L. 1304, and the
Second Class County Code, 1953, July 28, P.L. 723.
Public hearings shall be conducted by the Board of Health prior to its
consideration of any significant amendment or additions to this Article.
.2 Air Pollution Control Advisory Committee
There shall be established an Air Pollution Control Advisory Committee
which may recommend to the Board of Health additions and changes in this
Article and advise the Bureau of Air Pollution Control and the Board of
Health on matters relative to the control of air pollution which are brought
to its attention by any person.
A. The Air Pollution Control Advisory Committee shall consist of fifteen
(15) individuals appointed by the Board of County Commissioners.
B. All members of the Advisory Committee shall be appointed for a term
of one (1) year.
C. The Director and the Bureau Chief shall be ex-officio members of the
Committee but shall not have the right to vote on matters before the
Committee.
D. At no time shall the Advisory Committee consist of more than five (5)
members who are representatives of industry.
E. The Advisory Committee shall elect one of its members to serve as
Chairman.
F. The Advisory Committee shall meet at the call of the Chairman or at
the request of the Director of the Allegheny County Health Department,
the Board of Health, or upon the written request of any three (3) mem-
bers of the Advisory Committee.
6. The Advisory Committee shall adopt such procedures as it deems nec-
essary to conduct Its business and shall adopt such provisions as are
necessary in order to consider matters which are brought to its atten-
tion by any person or group.
H. A quorum shall be required to conduct the business of the Advisory
Committee. A quorum shall consist of not less than ten (10) voting
members of the Advisory Committee.
I. Only those individuals who have been appointed to the Advisory Com-
mittee shall be permitted to vote on those matters which are to be
recommended to the Board of Health.
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J. The Advisory Committee shall make periodic reports to the Board of
Health on the status of air pollution control technology Including
. developments In the control of automotive emissions, air contaminants
for which national ambient air quality standards have been estab-
lished, hazardous air contaminants and other sources of air pollution
as it deems necessary or as requested by the Board of Health or the
Director.
.3 Right to Information
A. All records, reports, and information of the Allegheny County Health
Department which pertain to the issuance of compliance orders, the
granting or rejecting of permits or variances, the reporting of shut-
downs or breakdowns, and the determination of emission rates or air
quality data shall be open to Inspection by any person except that
any record, report, or Information, or part ^hereof, which would
divulge methods or processes protected as trade secrets under the
laws of the United States shall be kept confidential and may not be
disclosed to persons other than officers, employees, and authorized
representatives of Allegheny County or to the Courts of the Common-
wealth of Pennsylvania or the United States in,proper proceedings.
B. The Director may make rules and regulations regarding the time and
manner of inspection.
C. The Director may refuse such inspections which create an undue bur-
den or interfere with the administration of the Health Department, or
when it appears the information sought is to be used for commercial
purposes, or when the Information sought is prepared in anticipation
of litigation or will be used in litigation in which the County is a
• party. • '
.4 Periodic Reports
The Allegheny County Health Department shall publish an annual air qual-
ity report detailing the progress of the County toward the attainment and
maintenance of ambient air quality standards.
(2.0) 1807 COMPLIANCE ORDERS
.1 Whenever the Director finds that:
(1) A source is not 1n compliance with any of the provisidns of this
Article, or
(2) In any area of Allegheny County, a source or sources are causing
concentrations of air contaminants in the ambient air to exceed any
ambient air quality standard, or
(3) As a result of any physical, chemical, or biological test, or other-
wise, it appears that an emission of air contaminants shall or may
be endangering public health, safety, or welfare;
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the Director may:
(1) Order the person responsible for the source or sources to comply
with the provisions of this Article, or
(2) Establish an additional or more restrictive emission standard or
standard of performance designed reasonably to attain all ambient
standards, by
performing any necessary acts, including, but not limited to, the installa-
tion or maintenance of best obtainable or best available air pollution con-
trol devices, the use of particular fuels, the modification of process or
fuel-burning or combustion equipment or incinerators, the institution of
particular control practices, or
(3) Seal any source or part thereof.
.2 Whenever the Director issues an order hereunder, the order shall:
(1) Be in written form
(2) Include a statement of the basis for such order
(3) Specify a reasonable time for performance of any acts required in
the order
(4). Inform the person responsible that he has the right to a hearing in
accordance with Article XI of the Rules and Regulations of the
Allegheny County Health Department.
.3 The order shall be served upon the person responsible by:
*
(1) Handing a copy to him personally, or
(2") By serving him in the manner provided by Rule 1009(b)(2) of the
Pennsylvania Rules of Civil Procedure for the service of a complaint,
or where service cannot be accomplished in this matter, by
(3) Sending a copy to his last known address by registered or certified
mail, accompanied by a request for a return, receipt.
.4 Failure to comply with an order of the Director within the time specified
therein, or the breaking of a seal placed by the Director, shall be a vio-
lation of this Article.
.5 Whenever, the Director determines that an emergency exists that necessi-
tates immediate action to protect the health, safety, or welfare of the pub-
lic, the Director, without prior notice, may Issue an order reciting the
existence of the emergency and requiring whatever action the Director deems
advisable to meet the emergency. Notwithstanding other provisions of this
Article, the emergency order shall be effective at once and shall be complied
with immediately.
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.6 Any person who is aggrieved by an order of the Director, s'hall upon re-
quests, be granted a hearing 1n accordance with the provisions of Article XI
of the Rules and Regulations of the Allegheny County Health Department or in
accordance with other procedures as may be hereinafter established by the
Board of County Commissioners. In all cases Involving provisions of this
Article, administrative hearings granted under the provisions of Article XI
shall not be held before employees of the Department of Health assigned to
the Bureau of Air Pollution Control.
.7 The provisions of this Section shall not apply to appeals from decisions
of the Variance Board.
(16.0) 1808 INSPECTION
.1 A. The Director may enter any premise at a reasonable time and in a rea-
sonable manner, by consent of the person in charge or his authorized
representative, where the Director has reason to believe that air
contaminants have been or are being emitted, or where equipment,
operations, or processes exist or are being constructed giving the
Director reason to believe that they are or will be actual or poten-
tial air contaminant sources, or for which equipment, operations, or
processes the required permit or permits have not been obtained.
B. The Director may Inspect the above described premises and all devices,
contrivances, processes, or operations thereon; and the records,
charts, readings, and data associated with such processes or opera-
tions thereon relevant to the emission of air contaminants.
.2 No person shall in any manner hinder, obstruct, delay, resist, prevent,
or in any way interfere or attempt to interfere with the Director in the
performance of any duty herein enjoined, or after proper identification, re-
fuse him entrance to any premise, building, or other place, except a build-
ing designed for and used exclusively as a private residence.
(50.0) 1809 EMISSION STANDARDS
The following emission standards are applicable to all sources of air con-
taminants now existing or which come into existence after the effective date of
this Article.
(50.1.2) .1 Visible Air Contaminants
A. No person shall cause, suffer, or allow the emission into the open
air of visible air contaminants in such a manner that the opacity of
the emission is:
(1) Equal to or greater than No. 1 on the Ringelmann Scale or an
equivalent opacity for a period or periods aggregating more
than three (3) minutes 1n any one (1) hour, or
(2) Equal to or greater than No. 3 on the Ringelmann Scale or an
equivalent opacity at any time.
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B. The standards of Subsection .1A, shall not apply to any visible air
contaminants when:
(1) The presence of uncombined water is the only reason for failure
of the emission to meet the visible air contaminants standards,
or
(2) Visible emissions result from a blast furnace slip, as provided
in Section 1810.5, or
(3) Visible emissions result solely from the operation of a coke
oven or battery of coke ovens as provided in Section 1809.7, or
(4) Visible emissions result solely from fugitive emissions ex-
cepted from the provisions of Section 1809.2, or
(5) Visible emissions result from the operation of an incinerator,
as provided In Section 1809.5, or
(6) Visible emissions result solely from the cold start of fuel-
,burning or combustion equipment and when notice has been given
as provided in Section 1816.
C. The opacity of visible air contaminants may be measured using:
(1) Any device approved by the Director, or
(2) Observers trained and qualified to measure opacity with the
naked eye or with the aid of any device approved,by the Direc-
tor.'
In measuring the opacity of visible air contaminants for the purpose
of determining a violation of Subsection ,1A., opacity may be meas-
ured at the densest point of an emission.
(50.1.3) .2 Fugitive Emissions
No person shall cause, suffer, or allow the emission into the open air of
any fugitive air contaminant from any source except from:
(1) Construction or demolition of buildings or structures.
(2) Grading, paving, and maintenance of roads and streets.
(3) Use of roads and streets. Emissions from material in or on trucks,
railroad cars, and other vehicular equipment shall not be considered
.as emissions from use of roads and streets.
(4) Clearing of land.
(5) Tilling or applying amendments to the soil, preparing cover crops
for incorporation Into the soil and harvesting, while farming.
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(6) Stockpiling of materials.
(51.5) .3 Fuel -Burning or Combustion Equipment
(51.6)
For the purpose of this Subsection only, if more than one fuel-burning
or combustion sources are connected to a common flue discharging into the
open air, such groups of sources shall be considered as one source, and
the allowable emissions shall be determined on the basis of the total heat
input.
A. Particulate Matter
No person shall cause, suffer, or allow the emission into the open
air of particulate matter at any time from any fuel -burning or com-
bustion equipment 1n excess of:
(1) The rate of 0.4 Ib. per million BTU of heat input, when the
heat input to the fuel -burning or combustion equipment in
millions of BTUs per hour 1s greater than 0.2 but less than 50,
or
(2) The rate determined by the formula:
A = 3.5E"0'56
where:
A = allowable emission in Ib. per million BTU of heat input, and
E = heat input to the fuel-burning or combustion equipment in
millions of BTUs per hour, when E is equal to or greater
than 50 but less than 850, or
(3) The rate of 0.08 Ib. per million BTU of heat input, when the
heat input to the fuel -burning or combustion equipment in
millions of BTUs per hour 1s equal to or greater than 850.
B. Sulfur Oxides
No person shall cause, suffer, or allow the emission into the open
air of sulfur oxides, expressed as $03, from any fuel-burning or com-
bustion equipment at any time in excess of:
(1) The rate of 1.0 Ib. per million BTU of heat input, when the heat
input to the fuel-burning or combustion unit in millions of
BTUs per hour is greater than 0.2 but less than 50, or
(2) The rate determined by the formula:
where:
110
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A = allowable emission in 15. per million BTU of heat input,
and
'i
E = heat input to the fuel-burning or combustion equipment in
millions of BTUs per hour, when E is equal to or greater
than 50 but less than 2,000, or
(3) The rate of 0.6 Ib. per million BTU of heat input, when the heat
input to the fuel-burning or combustion equipment in millions of
BTUs per hour is equal to or greater than 2,000.
(51.0) .4 Processes
This Subsection shall apply to all processes except fuel-burning or com-
bustion equipment and incinerators.
A. No person shall cause, suffer, or allow the emission into the open
air of particulate matter from any process listed in Table I, at any
time, in excess of the rate determined by the following formula:
A=0.76E+°'42
where:
A = allowable emissions in lbs./hr., and
E - emission index = F x W lbs./hr.,
where:
F = process factor 1n lbs./units and
W = production or charging rate in units/hr.
The factor F shall be obtained from Table I. The units for
F and W shall be compatible.
B. No person shall cause, suffer, or allow the emission into the open air
from any process not listed in Table I, in excess of seven (7) pounds
of particulate air contaminant in any one-hour period or in excess
of a total of one hundred (100) pounds of particulate air contamin-
ants in any 24-hour period, except that no person shall be required
to reduce such emission into the open air to a greater degree than
ninety-nine (99) percent.
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TABLE I
Process
1. Carbon black mfg.
2. Charcoal mfg.
3. Crushing or grinding or
screening system
4. Paint mfg.
5. Phosphoric acid mfg.
6. Detergent drying
7. Ammonium nitrate mfg:
Prilling tower or other granulator
8. Ferroalloy production furnace
9. Primary iron and/or steel making:
Iron production
Sintering: windbox
Steel production
Scarfing
10. Primary lead production:
Roasting
Sintering: windbox
Lead reduction
11. Primary zinc production:
Roasting :
Sintering: windbox
Zinc reduction
12. Secondary aluminum production:
Sweating
Melting and refining
13. Brass and bronze, production:
Melting and refining
14. Iron Foundry:
Melting:
Cupola
Reverberatory Furnace
Electric Induction Furnace
Shake-out
Sand Handling
15. Secondary lead melting
16. Secondary magnesium melting
17. Secondary zinc melting:
Sweating
Refining
Process Factor. F
500 Ibs./ton of product
400 Ibs./ton of product
20 Ibs./ton of feed
0.05 Ibs./ton of pigment handled
6 Ibs./ton of phosphorous burned
30 Ibs./ton of product
0.1 Ibs./ton of product
0.3 Ibs./ton of product
100 Ibs./ton of product
20 Ibs./ton of dry solids feed
40 Ibs./ton of product
20 Ibs./ton of product
0.004 Ibs./ton of ore feed
0.2 Ibs./ton of product
0.5 Ibs./ton of product
3 Ibs./ton of ore feed
2 Ibs./ton of sinter
10 Ibs./ton of product
50 Ibs./ton of aluminum product
10 Ibs./ton of aluminum feed
20 Ibs./ton of product
50 Ibs./ton of iron
2 Ibs./ton of iron
1.5 Ibs./ton of iron
20 Ibs./ton of sand
20 Ibs./ton of sand
0.5 Ibs./ton of product
0.2 Ibs./ton of product
0.01 Ibs./ton of product
0.3 Ibs./ton of product
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Process Process Factor, F
18. Asphaltic concrete production 6 Ibs./ton of aggregate feed
19. Asphalt roofing mfg:
Felt saturation 0.6 Ibs./ton of asphalt used
20. Portland cement mfg:
Clinker production 150 Ibs./ton of dry solids feed
Clinker cooling 50 Ibs./ton of product
21. Coal drying 2 Ibs./ton of product
22. Coal dry-cleaning 2 Ibs./ton of product
23. Lime calcining . 200 Ibs./ton of product
(51.9) .5 Incinerators
A. No person shall cause, suffer, or allow the operation of a single
chamber incinerator, except sewage sludge incinerators complying
with the provisions of this Article.
B. No person shall cause, suffer, or allow the operation or installa-
tion of any incinerator without having obtained a permit as provided
for in Section 1815.
C. No person shall cause, suffers or allow the operation of any domes-
tic refuse-burning equipment at any time other than between the
hours of 10:00 A.M. and 4:00 P.M. This restriction shall not apply
to incinerators having a rated capacity of five (5) tons per hour or
more.
D. No person shall cause, suffer, or allow the emission to the open air
of particulate matter from any incinerator at any time in such a
manner that the particulate matter concentration in the effluent gas
exceeds 0.125 pounds per 100 pounds per hour of rated capacity, ex-
cept that for incinerators rated at four (4) tons per hour or greater
the emission shall not exceed those shown on Table II.
TABLE II
Rated Capacity, Emission,
Tons/Hour Pounds/Hour
4 10
8 15
12 20
18 27
24 33
32 40
40 48
Apply linear interpolation between steps given.
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r
E. For the purpose of Subsection .5, the rated capacity 1s defined as
the amount of combusMble material charged into the incinerator of
which 95 percent will burn to gas.
F. All incinerators shall be constructed so that afterburning shall be
for a residence time of 0.5 second at a temperature of:
(1) 1400° Fahrenheit for putrescible and non-chemical refuse.
(2) A minimum of 250° Fahrenheit above the auto-ignition tempera-
ture of any chemical refuse.
G. No person shall cause, suffer, or allow emission into the open air
of visible air contaminants from incinerators in such a manner that
the opacity of the emission is equal to or greater than No. 1 on
the Ringelmann Scale or an equivalent opacity.
(50.2) .6 Sulfur Compound Emissions
A. General
Subjection 1809.6A. shall apply to all sources, except those sub-
ject to the provisions of other sections and subsections of this
Article dealing with the control of sulfur compound emissions.
No person shall cause, suffer, or allow the emission into the open
air of sulfur oxides from any source in such a manner that the con-
centration, at any time, of the sulfur oxides, expressed as $03, in
the effluent gas exceeds 500 parts per million (dry basis).
B. By-product Coke-oven Gas
,(1) No person shall cause, suffer, or allow the emission of byr
product coke-oven gas into the open air unless such gas is first
burned.
(2) No person shall cause, suffer, or allow the flaring, mixing, or
combustion of by-product coke-oven gas containing hydrogen sul-
fide (H?S), or the concentration of sulfur compounds measured
as H2$ in the gas 1n excess of:
(1) 50 grains per hundred dry standard cubic feet for by-prod-
uct coke plants producing 70 million standard cubic feet
or more of coke-oven gas per day, or
(2) The rate determined by the formula:
A = 156E-0'27
for plants producing 70 million standard cubic feet or
less of coke-oven gas per day but 20 million standard cubic
feet or more of coke-oven gas per day,
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where:
A = allowable HgS content in grains per hundred dry stand-
ard cubic feet of coke-oven gas, and
E = millions of cubic feet of coke-oven gas produced per
day, or
(3) 70 grains per hundred dry standard cubic feet of coke-oven
gas for by-product coke plants producing less than 20
million standard cubic feet of coke-oven gas per day.
Included in the permitted grains of H2$ is tail-gas sulfer, ex-
pressed as equivalent H2S, emitted into the open air from sul-
fur removal equipment.
(51.2) .7 Coke Ovens
A. No person shall cause, suffer, or allow the emission into the open
air of visible air contaminants from the pushing and charging of a
battery of coke ovens in such a manner that the opacity of the emis-
sions is equal to or greater than No. 2 on the Ringelmann Scale or
equivalent opacity.
B. No person shall cause, suffer, or allow the emission into the open
air of visible air contaminants from the pushing and charging of a
battery of coke ovens after January 1, 1974 in such a manner that
the opacity of the emissions is equal to or greater than No. 1 on
the Ringelmann Scale or equivalent opacity.
C. No person shall cause, suffer, or allow the emission of any visible
air contaminants into the open air from any opening on the top side
of a battery of coke ovens, except for periods when a battery of coke
ovens is being charged.
D. No person shall cause, suffer, or allow any visible emission, except
non-smoking flame, from any opening from more than ten (10) percent
of the coke ovens In any battery at any time except as provided in
the preceding paragraph.
E. Self=sealing oven doors found to be leaking thirty (30) minutes or
more after an oven is charged shall be adjusted, repaired, or re-
placed prior to the next coking cycle which starts during the day-
light turn after the leak is discovered. Leaking luted doors shall
be reluted immediately.
F. No person shall cause, suffer, or allow the operation of a coke
quenching tower which is not equipped with interior baffles.
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TABLE III
1. Propagation, stockage, and processing of animals or animal matter
2. Combustion, including combustion of waste
3. Food and beverage processing
I 4. Manufacture, storage, and application of paint, lacquer, varnish, and
I
'
commercial solvents
5. Manufacture and storage of chemicals
6. Manufacture and processing of plastics or rubber
7. Manufacture of asphalt and asphalt products
8. Surface coating and treating processes
9. Smelting and debonding
10. Core making in foundries
11. Manufacture of coke
12. Manufacture of rubber
13. Manufacture of tear gas
14. Refining of crude oil and manufacture and storage of petroleum products
15. Decomposition of waste
16. Sewage treatment
17. Dry cleaning process
18. Painting and other graphic arts processes
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TABLE IV . ,
1. Rendering cookers
2. Animal blood dryers
3. Asphalt oxidation
4. Asphalt roofing manufacturing
5. Brake shoe debonding
6. Core ovens
7. Varnish cookers • •
8. Paint drying or baking ovens
9. Meat smokehouses other than those in single family houses
10. Coffee roasting
11. Fabric-backing and fabric-coating baking ovens
12. Ovens for curing of binders in mineral wool production
13. Tear gas manufacture
14. Sources of hydrogen sulfide or mercaptans
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(50.0) 1810 STANDARDS FOR SOURCES
(51.16) .1 Volatile Organic Compounds
A. Storage of Volatile Organic Compounds
No person shall cause, suffer, or allow the placing, storing, or
holding in any single stationary tank, reservoir, or other container
rated at more than 40,000 gallons, of any volatile organic compound
unless such tank, reservoir, or other container is a pressure tank
capable of maintaining working pressures sufficient at all fimes to
prevent vapor or gas loss to the open air or is designed and equip^
ped with one of the following vapor loss control devices:
(1) A floating roof such as a pontoon type roof, a double-deck
type roof, or an internal floating cover, which wi'H rest on
the surface of the liquid contents and be equipped with a
closure seal or seals to close the space between the roof edge
and tank wall. This control equipment shall not be permitted
if the volatile organic compounds have a vapor pressure of
11.0 pounds per square Inch absolute, or greater, under actual
storage conditions. All tank gauging or sampling devices
shall be gas-tight, except when tank gauging or sampling is
taking place.
(2) A vapor recovery system, consisting of: a vapor-gathering
system capable of collecting the volatile organic compound
vapors and gases discharged, and a vapor disposal system cap-
able of processing such volatile organic vapors and gases so as
to prevent their emission to the open air,.with all tank gaug-
ing and sampling devices gas-tight, except when gauging or
sampling is taking place.
B. Volatile Organic Compounds Loading Facilities
(1) No person shall cause, suffer, or a^low the loading of any
volatile organic compound into any vehicular tank, rated at
more than 200 gallons from any loading facility which loads
20,000 gallons or more in any one day, unless such loading
facility is equipped with a vapor collection and disposal sys-
tem as described 1n Subsection 1810.1A., properly installed, in
good working order, and in operation.
(2) No person shall cause, suffer, or allow the loading of any vola-
tile organic compound into any vehicular tank, rated at more
than 200 gallons, from any loading facility which loads 20,000
gallons or more in any one day, unless such loading facility is
equipped with a loading arm with a vapor collection adaptor and
pneumatic, hydraulic, or other mechanical means to enforce a
vapor-tight seal between the adaptor and the hatch of the tank.
A means shall be provided to prevent liquid organic compound
drainage from the loading device when it is not connected to
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the hatch, or to accomplish complete draining before such re-
moval. When loading 1s effected through means other than
' hatches all loading and vapor lines shall be equipped with fitr
tings which make vapor-tight connections and which close auto-
matically when disconnected.
C. Volatile Organic Compound Water Separators
No person shall cause, suffer, or allow the use of any compartment
of any single- or multiple-compartment volatile organic compound
water separator, which compartment receives effluent water contain-
ing 200 gallons or more a day of any volatile organic compound from
any equipment which processes, refines, treats, stores, or handles
volatile organic compounds consisting of kerosene or more volatile
organic materials, unless such compartment11s equipped with one of
the following vapor loss control devices, properly installed, in
good working order, and 1n operation:
(1) A container having all openings sealed and totally enclosing
the liquid contents. All gauging and sampling devices shall be
gas-tight, except when gauging or sampling is taking place.
(2) A container equipped with a floating roof such as a pontoon
type roof, double-deck type roof, or internal floating cover,
which will rest on the surface of the contents and be equipped
with a closure seal or seals to close the space between the
roof edge and container wall. All gauging and sampling devices
shall be gas-tight, except when gauging or sampling is taking
place.
0. Pumps and Compressors for Volatile Organic Compounds
All pumps and compressors handling, volatile organic compounds shall
have mechanical seals.
E. Ethylene Production Plants
No person shall cause, suffer, or allow the emission into the open
air of any waste gas stream from any ethylene production plant or
facility, unless the gas stream is properly incinerated in conform-
ity with Subsection 1809.5F.S except that no person shall cause,
suffer, or allow the emission of hydrocarbon gases into the open air
from any vapor blowdown or other exhaust system unless such gases
are burned by smokeless flares or otherwise disposed of to the satis-
faction of the Director.
F. Compliance Techniques
Techniques other than those specified In the foregoing five Subsec-
tions may be used to comply with the requirements of these Subsec-
tions,, 1f it 1s shown to the satisfaction of the Director that such
alternate techniques are equivalent to or better than those speci-
fied in these Subsections in terms of the control of organic compounds.
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G. Unsaturated Organic Compound Emissions
The emission standards as specified In Section 1809 shall also apply
to the emission of any unsaturated organic material herein'defined,
for the purpose of this Subsection, as unsaturated chemical com-
pounds of carbon which exist as gas at standard conditions.
(51.18) .2 Sulfuric Acid Plants
A. No person shall cause, suffer, or allow the emission into the open
air, at any time, from any sulfuric acid production plant or fsci!-
ity, of sulfur oxides, expressed as $03, in excess of the rate of
6.5 Ibs. per ton of acid produced.
B. No person shall cause, suffer, or allow the emission into th@ open
air, at any time, from any sulfuric acid production plant or facil-
ity, of sulfuric acid mist, in excess of the rate of 0»5 Ibs.
ton of add produced, the production being expressed as 100 per-
cent H2S04-
(51.19) .3 Sulfur Recovery Plants
No person shall cause, suffer, or allow the emission into the open air9
at any time, from any plant used for recovering elemental sulfur from
gases containing sulfur compounds, or sulfur compounds, expressed as $03,
in excess of the rate determined by the formula:
A = 0.32E"0'5
where:
A - allowable emissions in pounds of sulfur oxides per pound of sulfur
compounds, expressed as S, in the feed gases, and
£ = recovery plant rating in long tons of sulfur per day.
(51.18) .4 Exceptions to Standards for Sulfur Acid and Recovery Plants
(51.19)
The provisions of Subsections 1810.2 and 1810.3 shall not be applicable
to processes operated in conjunction with the desulfurfzation of by-product
coke-oven gas, provided that the standards set forth in Subsection 1809.68.
have been complied with.
(51.4) .5 Blast Furnace Slips
A. Emissions from blast furnaces shall be kept to a minimum. No person
shall cause, suffer, or allow any blast furnace to emit air contamin-
ants, as a result of a slip, more than sixty (60) times in any con-
secutive twelve (12) month period or more than ten (10) times in any
consecutive thirty (30) day period. For the purpose of this Subsec-
tion, a blast furnace slip is defined as a sudden emission of gas
containing parf'culate matter of an opacity equal to or greater than
1 OO
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No. 2 of the Rlngelmann Scale or of -an equivalent opacity from the
relief valves at the top of the furnace.
B. No person shall cause, suffer, or a]low the operation of any blast
furnace without providing a device for measuring and recording all
blast furnace slips. Such device or devices must be approved by, the
Director.
C. All devices used for observing and recording blast furnace slips
shall be maintained in good order. Safe and adequate means for in-
spection of such devices shall be provided by the person responsible
for the blast furnace.
D. All persons responsible for blast furnaces shall make available to
the Director, on request, the records of the required observation
and recording devices. These records shall be deemed as an admis-
sion by the responsible person of the number of blast furnace
slips occurring, but they shall not be deemed as a limit on the
Director's action to present evidence that a greater number of
slips occurred than the records indicate.
(51.17) .6 Slag Quenching .
No person shall cause, suffer, or allow the water quenching of slag at
any slag handling location, except if such quenching 1s performed under
conditions which prevent the discharge of hydrogen sulfide or other air
contaminants into the open air.
(51.13) .7 Open Burning
A. No person shall cause, suffer, or allow the open burning of any mate-
rials, except where, a permit has been obtained from the Director or
where the open burning is conducted solely for the purpose of non-
commercial preparation of food for human consumption or for recre-
ation.
B. The Director may issue a permit for the open burning of material
during a period set by the Director, but only when the open burning
is solely for:
(1) The abating of a fire hazard when a fire is set by or under
the supervision of a public officer.
(2) The instruction of personnel in fire fighting
(3) The fostering of agriculture
(4) The conducting of a ceremony
(5) Light,, ornament, or other purpose contributing. a negligible
amount of air contaminants.
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C. Coal Refuse Fires
(1) The persons responsible for any coal refuse pile or dump shall
in the case of a fire in the pile or dump:
(1) Report such fire to the Director upon discovery, and
(2) Extinguish such fire at once, or demonstrate to the
satisfaction of the Director that all necessary steps
are being taken to extinguish such fire, and
(3) Report the status of such fire to the Director at such
periods as he may require.
(2) No person shall cause, suffer, or allow the establishment of a
coal refuse pile or dump until a permit has been obtained from
the Director. The Director shall not grant a permit unless
adequate measures have been taken to prevent the ignition of
the coal refuse pile or dump, such a removal of all combust-
ible material and vegetation from the site, protection from
trespassing, and such other requirements as the Director may
deem necessary in view of local conditions.
(9.0) 1811 REPORTING AND TESTING OF SOURCES
(13.0)
.1 Reporting
Any person who owns or operates a source of air contaminants, shall,
within ninety (90) days after order by the Director, report to the Direc-
tor in a form prescribed by the Director such information as the Director
may require and is necessary to assess the actual and potential contribu-
tion of the 'source to the air quality of the County, including, but not
limited to, information on the quantity and nature of potential cr acuua"
emissions and the nature and effectiveness of any gas cleaning devices op-
erating in conjunction with the source.
.2 Testing
A. If there is reasonable cause to believe that any equipment or process
is in violation of any provision of this Article, or if there is
reasonable cause to believe that a source is a substancial contrib-
utor to the degradation of air quality, the Director may conduct
emission or ambient air tests or may order the person responsible
for such source to conduct and complete, within a specified period
of time, under conditions prescribed by the Director, such tests
as the Director deems necessary. The results of such tests shall be
submitted to the Director within twenty (20) days after the tests
have been completed.
B. At the request of the Director, the person responsible for such a
source shall provide adequate sampling ports, safe sampling plat-
forms, and adequate utilities for the performance of tests at such
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source by the Director.
C. Whenever a test 1s required to be performed by a person who is re-
sponsible for a source, such test and results will be accepted by
the Director only if:
(1) Such tests are made and the results calculated in accordance
with test procedures approved by the Director, and
(2) The Director has been given reasonable notice of the testing
and has been given reasonable opportunity to observe and
participate in the testing, and
(3) The testing is conducted under the direct supervision of per-
sons qualified by training and experience satisfactory to the
Director to conduct such testing, and
(4) The reports of the tests are accurate and comprehensive.
D. Stationary Sources
(1) The following are applicable to source tests for determining
emissions from stationary sources:
(1) All performance tests shall be conducted while the source
is operating at maximum routine operating conditions or
under such other conditions, within the capacity of the
equipment, as may be requested by the Director.
(2) The Director shall consider test results for approval
where sufficient information is provided to verify the
source conditions existing at the time of the test and
where adequate data is available to show the manner in
which the test was conducted. Information submitted to the
Director shall include, as a minimum:
(a) A thorough description of the source, of any gas clean-
ing device, and the flue, and
(b) Source operating conditions, e.g., charging rate of
raw material or rate of production of final product,
combustion rate, boiler pressure, oven temperature,
and other conditions which may affect emissions from
the source, and
(c) The location of the sampling ports, and
(d) Effluent characteristics, including velocity, tem-
perature, moisture content, gas composition, and
density, e.g., percent S02, C02, 62, and N2, and
static and barometric pressures at pertinent points
in the system, and
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(e) Sample collection techniques employed, including pro-
cedures used, equipment descriptions, data to verify
that isoklnetlc sampling occurred, where applicable,
for partlculate matter collection, and that accept-
able test conditions were met, and,
(f) Laboratory procedures and results, and
(g) Calculated results.
(2) The following are applicable to tests for determining omissions
of particulate matter from stationary sources:
(1) Test methods for particulate emissions shall include dry
filters, or wet impingers, or both, as the Director may
specify, and provide for at least a ninety-five (95) per-
cent collection efficiency of particulate matter.
(2) Isokinetic sampling procedures shall be used whenever it is
possible to apply them in sampling for particulate matter
emissions, and the weights of all soluble and insoluble
particulate shall be determined gravimetrically after re-
moval of uncombined water.
(3) Test methods and procedures shall be equivalent to, or
modified to produce results equivalent to, those results
• which would be obtained by employing the procedures speci-
fied in References 1 and 2 of Subsection 1811.2F. The
equipment shall be inert where appropriate and similar to
that specified in References 1, 2, and 3 of Section
1811.2F).
(4) The minimum sampling time shall be one hour, and the mini-
mum sample volume shall be fifty (50) cubic feet corrected
to standard conditions (dry basis).
(5) Results shall be reported both as pounds of particulate
matter per hour and in accordance with units specified In
Subsections 1809.3, 1809.4, and 1809.5 pertaining to fuel-
burning or combustion equipment, processes, or inciner-
ators.
(6) Where the Director determines that the above methods and
procedures are not applicable, the Director shall specify
the appropriate sampling and testing procedures.
(3) The following are applicable to tests for determining emissions
of SOX» HgS, and NOX from stationary sources:
(1) Test methods for SOX, H2S, and NOX shall provide for at
least ninety-five (95) percent collection efficiency of
oxides of sulfur, hydrogen sulfide, and oxides of nitrogen,
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respectively.
(2) Sample collection for SOX shall be at a rate proportional
to the stack gas velocity, where applicable, and the
weight of oxides of sulfur shall be determined volumetri-
cally.
(3) Test methods and procedures for SOX shall be equivalent tos
or modified to produce results equivalent to, those re-
sults which would be obtained by employing the procedures
specified in Reference 2 of Subsection 1811.2F. The
equipment shall be inert where appropriate and similar to
that specified 1n Reference 2 of Subsection 1811.2F.
(4) Sample collection for H?S shall be at a rate proportional
to the stack gas velocity, where applicable, and the
weight of hydrogen sulfide shall be determined colorimet-
rically.
(5) Test methods and procedures for HgS shall be equivalent to,
or modified to produce results equivalent to, those results
which would be obtained by employing the procedures speci-
fied in Reference 4 of Subsection 1811.2F. The equipment
shall be Inert where appropriate and similar to that speci-
fied in Reference 2 of Subsection 1811.2F.
(6) For determining emissions of SOx and_H2S, the minimum sam-
pling time shall be one (1) hour and'the minimum sample
volume shall be thirty (30) cubic feet corrected to stand-
ard conditions (dry basis).
(7) Test methods, procedures, and equipment for NOX shall be
similar to those specified in Reference 1 of Subsection
1811.2F.
(8) Results shall be reported as pounds per hour of SOX as
S02> pounds per hour of H2S, or pounds per hour of NOX as
N02, and In accordance with units specified in the Sec-
tions and Subsections covering sulfur compounds, fuel-
burning or combustion equipment, by-product coke-oven gas,
sulfuric add plants, and sulfur recovery plants.
(4) Test methods and procedures for determining emissions of contam-
inants other than particulate matter, SOX, H2S, and NOX, from
stationary sources shall be consistent with accepted air pol-
lution testing, practices and with obtaining accurate results
which are representative of the conditions evaluated, and such
procedures shall be approved by the Director and shall be clear-
ly recorded in the report of test results.
(5) Test methods and procedures for fugitive particulate matter may
include ambient test procedures approved by the Director and in
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accordance with or equivalent to procedures specified 1n Ref-
erences 4, 5, 6, 7, 8, and 9 of Subsection 1811.2F. and other
provisions of this Article.
(6) The Director may Issue a supplement to this Section containing
detailed information on source test methods and procedures and
indicating the information that should be contained in a re-
port of emissions.
(7) Where the Director determines that the methods and procedures
set out in Subsection 1811.2 are not applicable, the Director
shall specify the appropriate sampling and testing procedures,
E. Ambient Levels of Air Contaminants
Methods for determining ambient levels of air contaminants are as
follows:
(1) Sampling and analytical methods that may be used directly or
used as reference standards against which other methods may
be calibrated. These methods are set out In Table V.
TABLE V
Reference Standards
Contaminants
Sampling Method
Settled particulates (total)
Lead
Beryllium
Sulfates (as H2S04)
Fluorides (total soluble,
as HF)
Hydrogen Sul fide
Suspended Partlculate
Matter
open top cylinder (6)
high-volume filtration (7)
high-volume filtration (7)
high-volume filtration (7)
filtration plus gas
absorption (9)
gas absorption (4)
Analytical Method
gravimetric (6)
spectrographic (7
spectrographic (7
turbidimetric (8)
thorium-alizarin
lake titration
methylene blue
method (4)
(9)
high-volume filtration (7) gravimetric (7)
The numbers following the reference standards refer to references
compiled at the end of Subsection 1811.2F.
(2) Sampling and analytical procedures promulgated by the Admin-
istrator of the United States Environmental Protection Agency
pursuant to the provisions of the Clean Air Act are hereby in-
corporated, by reference, as part of the methods listed in this
section.
F. References
(1) "Standards of Performance for New Stationary Sources," Federal
Register Part II, Volume 36, No. 247, pp. 24876-24895, Decem-
ber 23, 1971, Washington, D.C.
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(2) Devorkin, H., et al. "Air Pollution Source Testing Manual,"
Los Angeles Mr Pollution Control District, Second Printing,
November, 1965.
(3) "Standard Method for Sampling Stacks for Particulate Matter,"
American Society for Testing Materials, D 2928-71, 1916 Race
Street, Philadelphia, Pennsylvania.
(4) Jacobs, M. D. et al., "Ultramicrodetermination of Sulfides in
Air," Anal. Chem., 29:1349 (1957).
(5) "Air Sampling Instruments," 2nd ed., American Conference of
Governmental Industrial Hyglesists, 1014 Broadways Cincinnati
2, Ohio, 1962, pp. B-3-12-B-3-14.
(6) "Recommended Standard Method for Continuing Dust Fall Survey
(APM-1, Revision 1)," TR-2 Air Pollution Measurements Committee,
J_. Air Poll. Control Assoc.. 16:372 (1966).
(7) "Air Pollution Measurements of the National Air Sampling Net-
work: Analyses of Suspended Partlculates 1957-1961," Public
Health Service Pub. No. 978, Washington, D.C., 1962.
(8) Interbranch Chemical Advisory Committee, "Selected Methods for
the Measurement of Air Pollutants," PHS Pub. No. 999-AP-ll,
Cincinnati, Ohio, 1965, p. 1-1.
(9) "Standard Method of Test for Inorganic Fluoride in the Atmos-
phere," ASTM Standards on Methods of Atmospheric Sampling and
Analyses, Philadelphia, Pennsylvania, 1962, p. 67.
(4.0) 1812 AMBIENT AIR QUALITY STANDARDS
.1 National Ambient Air Quality Standards promulgated by the Administrator
of the United States Environmental Protection Agency pursuant to the pro-
visions of the Clean Air Act, are hereby incorporated, by reference, as
part of the standards of this Section.
.2 The Ambient A1r Quality Standards adopted by the Pennsylvania Environ-
mental Quality Board, pursuant to the provisions of the "Air Pollution
Control Act," 1960, January 8, P.L. (1959) 2119, are hereby incorporated,
by referenda, as part of the standards 1n this Section.
.3 A suspended particulate matter concentration of 350 ug/m3, averaged over
four (4) hours, not to be exceeded, is adopted as part of the standards in
this Section.
.4 The values specified 1n this Section shall be considered as represent-
ing minimum acceptable air quality, not necessarily desirable or satisfac-
tory air quality. Nothing contained in this Section shall be construed to
preclude the Director from enforcing or applying any provisions of this
Article in areas where the ambient air quality is, or will be, at
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I concentrations less than those specified 1n this Section.
3 (8.0) 1813 AIR.POLLUTION EMERGENCY EPISODE SYSTEM
.1 General
A. The purpose of this Section is to provide the Bureau with the au-
thority and means to act to decrease the severity and duration of
high air pollution episodes. Air pollution episodes ere understood
to be short periods of time during which high air pollution con-
centrations are brought about by the occurrence of stagnant weathur
conditions conducive to the poor dispersion of air contaminants.
Such concentrations are defined as those which result In signifi-
cant harm to human health or welfare.'
B. Such conditions are to be avoided by staged reductions in the emis-
sion of air pollutants and general reduction in activities which
place demands upon sources of air pollution, in conjunction with
air quality measurements and meteorological forecasts. The goa'i
of the staged reductions is the avoidance of conditions deemed to
present imminent substantial endangerment to human health snd wel-
fare.
C. Upon the establishment by the Department of appropriate air moni-
toring facilities in Allegheny County, the described emergency epi-
sode system shall be implemented. The Department shall make availi-
able information on the location of air monitoring facilities and
| the sampling and data handling techniques employed.
j D. Nothing contained 1n this Section shall be construed as allowing an
; emission from any Installation in Allegheny County to be subject to
; a lesser degree of control than may be required by existing or new
; regulations.
i \
.2 Air Pollution Source Curtailment Plans
A. Any person responsible for a source of air contamination or a poten-
tial source of air contamination, as set forth in Table VIS shell
prepare source curtailment plans, consistent with good industrial
practice and safe operating procedures, designed to reduce emissions
j of air contaminants during periods designated within this Section as
First Stage Alert, Second Stage Alert, or Emergency Stage. Such
i plans shall be designed 1n accordance with the guides set forth in
Table VI, which follows, and with any further guides developed by
the Department 1n the administration of this Section.
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TABLE VI
FIRST STAGE ALERT
Source of Emissions
First Stage Alert Actions
Coal or oil-fired electric
power generating facilities.
a. Reduction of emissions by uti-
lizing fuels having low ash and
sulfur content, using gaseous
fuels if possible.
b. Reduction of emissions by di-
verting electric power generation
to stations outside Stage I Alert
area.
Coal or oil-fired steam gener-
ating facilities having a rated
capacity greater than 10 million
BTU per hour.
a. Reduction by utilization of
fuels having low ash and sulfur
content, using gaseous fuels if
possible.
b. Reduction in steam load demands.
Manufacturing industries of the
following Standard Industrial
Classifications which employ
more than twenty (20) employees
at any one location.
Primary Metals
Paper and Allied Products
Chemicals and Allied
Products
Petroleum Refining and
Related Industry
Stone, Glass,, Clay, and
Concrete Products
Group
33
26
28
29
32
Reduction of emissions from
manufacturing operations by cur-
tailing, postponing, or defer-
ring production and allied opera-
tions.
Reduction of emissions by defer-
ring by-product or trade waste
disposal.
Reduction in emissions of air
contaminants by the maximum effi-
cient use of process heat equip-
ment.
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SECOND STAGE ALERT
Source of Emissions
Second Stage Alert Action
Coal or oil-fired electric
power generating facilities.
a. Reduction of emissions by uti-
lizing fuels having low ash
and sulfur content, using gas-
eous, fuels if possible.
b. Reduction of emissions by di-
verting electric power gener-
ation to stations outside Stage
II Alert area.
c. Reduction in power supplied to
users outside Stage II Alert
area.
Coal or oil-fired steam gener-
ating facilities having a rated
capacity greater than 10 million
BTU per hour.
Reduction of emissions by uti-
lization of fuels having low
ash and sulfur content, using
gaseous fuels if possible.
Manufacturing industries of the
following Standard Industrial
Classifications which employ more
than twenty (20) employees at any
one location.
Primary Metals 33
Paper and Allied Products 26
Chemicals and Allied
Products 28
Petroleum Refining and
Related Industry 29
Stone, Glass, Clay, and
Concrete Products 32
Substantial reduction of air
contaminants from manufacturing
operations by ceasing, curtail-
ing, postponing, or deferring
production and allied opera-
tions to the extent possible
without causing injury to per-
sons or substantial damage to
equipment.
Substantial reduction of air
contaminants from by-product or
trade waste disposal operations.
Substantial reduction in emis-
sions of air contaminants by
the maximum efficient use of
process heat equipment.
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EMERGENCY STAGE
Source of Emissions
Emergency Stage Alert Actions
Coal or oil-fired electric
power generating facilities.
a. Reduction of emissions by uti-
lizing fuels having low ash
and sulfur content, using gas-
eous fuels if possible.
b. Reduction of generation by
maximum reduction in power
supplied to users outside
Emergency Stage area.
Coal or oil-fired steam gener-
ating facilities having a rated
capacity greater than 10 million
BTU per hour.
a. Maximum reduction by reducing
heat and steam demands to
absolute minimum consistent
with preventing substantial
equipment damage.
b. Utilization of fuels having low
ash and sulfur content.
Manufacturing industries of the
following Standard Industrial
Classifications which employ more
than twenty (20) employees at any
one location.
Primary Metals 33
Paper and Allied Products 26
Chemicals and Allied
Products 28
Petroleum Refining and
Related Industry 29
Stone, Glass, Clay, and
Concrete Products 32
a. Elimination of air contaminants
from manufacturing operations
by ceasing, curtailing, post-
poning, or deferring production
and allied operations to the
maximum extent possible without
causing injury to persons or
substantial damage to equipment.
b. Elimination of air contaminants
from by-product or trade waste
disposal operations.
c. Maximum reduction in emissions
of air contaminants by the maxi-
mum efficient use of process
heat equipment for the purpose
of preventing substantial damage
to equipment.
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B. Any person responsible for the operation of a source of air con-
taminants or potential air contaminants not specifically identi-
fied in Table VI shall, when requested by the Director in writing,
prepare source curtailment plans, consistent with good industrial
practice and safe operating procedures, designed to reduce emis-
sions of air contaminants during periods defined as First Stage
Alert, Second Stage Alert, or Emergency Stage in accordance with the
objectives of this Section.
C. Source curtailment plans as required above shall be in writing and
show the source of emissions, the approximate emissions rate and the
minimum amount and percentage of reductions to be achieved upon
implementation, the time necessary after notification to implement
the plan, and a brief description of the manner in which reductions
will be achieved, at the First Stage Alert, Second Stage Alert, and
Emergency Stage of an air pollution emergency episode.
D. The goal of a First Stage Alert source curtailment plan is the re-
duction of air contaminant emissions to a level that would result
were the source in compliance with the appropriate emissions stand-
ards contained in other sections of this Article. The goal of a
Second Stage Alert source curtailment plan is the substantial re-
duction of emissions of air contaminants by ceasing, curtailing,
deferring, or postponing production and allied operations without
causing Injury to persons or substantial damage to equipment. The
goal of an Emergency Stage source curtailment plan is the elimina-
tion of emissions of air contaminants by ceasing, curtailing, defer-
ring, or postponing production and allied operations without causing
injury to persons or substantial damage to equipment.
E. Source curtailment plans for incinerators shall specify what prepar-
ations have been made to handle and store, or otherwise dispose of
without incineration, the amount of refuse that could accumulate for
four (4) days.
F. During conditions of Air Pollution Watch, First Stage Alert, Second
Stage Alert, or Emergency Stage, source curtailment plans required
by this Section shall be made immediately available on the premises
to any person authorized to enforce the provisions of this Article.
G. When requested by the Director, each person responsible for the op-
eration of a source or potential source of air contaminants, who is
required by this Section to prepare source curtailment plans, shall
submit its plan to the Department within thirty (30) days of the
receipt of such a request. If such a plan is not acceptable to the
Director, he may issue an order directing the responsible person to
modify and resubmit the plan, and he may set out the data by which
such modified plan shall be resubmitted. Such an order shall con-
tain the reason for disapproval and recommend specific changes or
additions to the plan.
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H. The Director shall have the authority, upon his determination that
particular sources are adversely contributing to an air pollution
episode, to order such sources to Implement the procedures of their
source curtailment plans. Upon notification by the Director of the
existence of any episode stage and the need to implement a source
curtailment plan, the individual responsible for the operation of
an air pollution source shall implement such a plan.
I. On the basis of plans submitted in accordance with the foregoing
provisions and on other Information available to the Director, the
Director shall prepare a master plan describing procedures and plans
to be followed by the Department, individual sources, and the pub-
lic, at each stage of an air pollution emergency episode.
J. In the absence of a generalized condition of air pollution of the
type referred to as Alert or Emergency Stages, if the Director
nevertheless finds that emissions from the operation of one or more
air contamination sources 1s causing imminent danger to human health,
safety, or welfare, he may order the persons responsible for the
sources to reduce or discontinue emissions Immediately without re-
gard to the other provisions of this Section.
.3 Emergency Episode Criteria
A. Air Pollution Watch Criteria
An Air Pollution Watch shall be declared by the Director when either
of the following conditions have been met:
(1) The Bureau has received an official meteorological forecast
that for the next 36-hour period or more a condition of atmos-
pheric stagnation conducive to the poor dispersion of air con-
taminants will exist, or
(2) The Bureau has received an official meteorological forecast
that a condition of atmospheric stagnation has existed for the
preceding 12 hours and that such conditions are forecast for
the next 24-hour period or more.
B. First Stage Alert Criteria
The Director shall declare a First Stage Alert to exist 1f0 during
a Watch period„ any of the following values have been equalled or
exceeded at any official monitoring station judged by the Bureau to
be in working condition provided that the Bureau has obtained a
forecast thst for the next 24 hours or more a condition of atmos-
pheric stagnation conducive to the poor dispersion of air contamin-
ants will exist.
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The First Stage Alert values are:
c.
'Sulfur Dioxide
Soiling Index
or,
or,
x (Soiling Index)
or,
Carbon Monoxide (CO)
Second Stage Alert Criteria
0.30 ppm, 24-hour average,
0.40 ppm, 12-hour average
3.0 COH/1000 ft., 24-hour
average, or 4.0 COH/1000 ft.,
12-hour average
0.20 ppm-COH/1000 ft., 24-hour
average, or 0.30 ppm-COH/1000
ft., 12-hour average
15 ppm, 8-hour average.
The Director shall declare a Second Stage Alert to exist if, during
a Watch period, any of the following values have been equalled or
exceeded at any official monitoring station judged by the Bureau to
be in working condition provided that the Bureau has obtained a-
forecast that for the next 12-hour period or more a condition of at-
mospheric stagnation conducive to the poor dispersion of air contam-
inants will exist. The Second Stage Alert values are:
Sulfur Dioxide (S02)
Soiling Index
0.50 ppm, 24-hour average.
0.60 ppm, 12-hour average
or
or,
or,
x (Soiling Index)
or,
Carbon Monoxide (CO)
6.0 COH/1000 ft., 24-hour av@rages
or 7.0 COH/1000 ft., 12-hour
average
1.0 ppm-COH/1000 ft., 24-hour
average, or 1.5 ppm-COH/1000 ft.,
12-hour average
30 ppm, 8-hour average
or,
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Nitrogen Dioxide (NCL) 0.30 ppm, 24-hour average
or,
Oxidants 0.25 ppm, 4-hour average.
D. Emergency Stage
The Chairman of the Board of County Commissioners, or his designated
representative, in conjunction with advice from the Director, shall
declare an Emergency Stage to exist if, during a Watch period, any
of the following values have been equalled or exceeded at any offi-
cial monitoring station judged by the Bureau to be in working con-
dition, provided that tht Bureau has obtained a forecast that for
the next 12-hour period or more a condition of atmospheric stagna-
tion conducive to the poor dispersion of air contaminants will
exist. Th@ Emergency Stage values are:
Sulfur Dioxide (S02)
Soiling Index
(S02) x (Soiling Index)
Carbon Monoxide (CO)
Nitrogen Dioxide (N02)
Oxidants
E. Termination
or,
or,
or,
or,
or,
0.80 ppm, 24-hour average
7.0 COH/1000 ft., 24-hour average
1.4 ppm-COH/1000 ft., 24-hour
average
40 ppm, 8-hour average
0.40 ppm, 24-hour average
0.35 ppm, 4-hour average.
(1) An Emergency Stage declaration shall be terminated by the
Chairman of the Board of County Commissioners or his designated
representative when Emergency Stage values are no longer ex-
ceeded and when an official meteorological forecast is received
that for the next 24-hour period conditions conducive to the
good dispersion of air contaminants will exist.
(2) The Director shall terminate a First or Second Stage Alert
when the respective Alert Criteria no longer are exceeded or
when an official meteorological forecast is received that for
the next 24-hour period conditions conducive to the good
dispersion of air contaminants will exist. The latter fore-
east will terminate a Watch.
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(3) Upon the termination of an Emergency, or First or Second Stage
Alert, the Director shall make a public announcement to that
effect, and shall also so notify those persons required to
implement source curtailment plans.
(4) Upon the termination of an Emergency Stage or Second Stage
Alert, the Director shall prepare and make available to the
Advisory Committee and the public a report on the seventy and
duration of the preceding air pollution episode and the nature
and effectiveness of measures taken to control the episode.
.4 Emergency Episode Actions
A. Air Pollution Watch Actions
Upon the declaration of an Air Pollution Watch:
(1) The Bureau shall review air quality Information for the psst
24-hour period, determine the current operational status a?
the air pollution monitoring network, and compute all rele-
vant air quality Indices until the Watch is terminated.
(2) The Bureau shall notify all sources of air pollution that re-
quire advance preparation time that a Watch is in effect and
that coordination of episode control actions will be required.
(3) The Bureau shall notify all affected staff and affected State,
Local and Federal agencies that a Watch is in effect and that
coordination of episode control actions will be required.
B. First Stage Alert Actions
Upon the declaration of a First Stage Alert:
(1) The Bureau shall determine which source curtailmant plans
should be placed in effect and in which area and notify those
sources to institute First Stage Alert curtailment actions.
(2) The Bureau shall notify all affected Local, State, and Federal
agencies that a First Stage Alert is in effect and that coordi-
nation of episode control actions is required.
(3) The Bureau shall inform the public via the mass media that a
First Stage Alert 1s in effect. The public shall be requested
to curtail use of automobiles and electricity and to otherwise
take actions required by this Article. Individuals sensitive
to high levels of air pollution shall be advised to take pre-
cautionary measures.
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(4) All open burning of tree waste, vegetations, refuse, or debris
of any form shall be prohibited, notwithstanding the existence
of any variance or program of delayed compliance.
(5) Incinerators used for the disposal of solid or liquid waste
shall be operated only between the hours of 12:00 noon and
4:00 P.M.
C. Second Stage Alert Actions
Upon the declaration of a Second Stage Alert:
(1) The Bureau shall determine which source curtailment plans
should be placed in effect and in which areas and notify those
sources to institute Second Stage Alert curtailment actions.
(2) The Bureau shall notify all affected Local, State, and Federal
agencies that a Second Stage Alert is in effect and that con-
tinued coordination of episode control actions is required.
(3) The Bureau shall inform the public via the mass media that a
Second Stage Alert Is in effect. The public shall be requested
to continue to curtail use of automobiles and electricity and
to otherwise take actions required by these regulations. Com-
mercial establishments Involved in retail trade, amusement, and
recreation, office buildings, and other businesses and insti-
tutions listed in Subsection 1813.4D.8. shall be requested by
the Bureau to voluntarily reduce their consumption of electric-
ity and to maintain their buildings and offices at the legal
minimum temperature. The Bureau shall advise those individuals
deemed to be particularly sensitive to high levels of air pol-
lution to take precautionary measures. Hospitals shall be in-
formed that a Second Stage Alert has been declared and that
increased demand upon their facilities may be imminent.
(4) All open burning of tree waste, vegetation, refuse, or debris
of any form shall be prohibited, notwithstanding the existence
of any variance or program of delayed compliance.
(5) Incinerators used for the disposal of solid or liquid wastes
shall not be operated with the exception of those used for the
Incineration of pathogenic materials for which written permis-
sion to operate has been obtained from the Director.
(6) In the event Second Stage Alert carbon monoxide, oxidant, or
nitrogen dioxide values are exceeded at any official monitoring
station, the Bureau shall act in concert with Local and State
traffic control agencies to divert vehicular traffic around and
away from affected areas and act in other ways to minimize
.vehicular air contaminant emissions in the vicinity of affected
areas. The public shall be informed of the location of such
areas and be requested to avoid them.
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D. Emergency Stage Actions
Upon the declaration of an Emergency Stage Alert:
(I) The Bureau shall notify all affected Local, State, and Federal
agencies that an Emergency Stage 1s 1n effect and that contin-
ued coordination of episode control actions 1s required.
(2) The Bureau shall inform the public via the mass media that an
Emergency Stage is in effect. Those individuals deemed to be
particularly sensitive to high levels of air pollution she'll
be informed directly that an Emergency Stage has been declared
and that increased demand upon their facilities may be imminent.
(3) Second Stage Alert prohibitions of open burning and incinera-
tion shall remain 1n effect during the Emergency Stage.
(4) Those persons required to design emergency episode source cur-
tailment plans shall reduce their emissions in accordance with
the guides set forth in Subsection 1813.2 when notified by the
Bureau that an Emergency Stage has been declared.
(5) All non-essential motor vehicle use within the County shall be
prohibited. Essential uses include police, fire, and health
services, delivery of food and essential fuels, waste collac-
tion, direct conveyance between home and employment of those
persons employed by air pollution sources required to insti-
tute Emergency Stage source curtailment plans, travel by em-
ployees of the Department and other agencies and courts needed
to administer this Article, direct one-way conveyance home by
members of the public, and travel for other purposes directly
related to the protection of health and safety.
(6) All airplane flights originating within the County shall be
prohibited with the exception of those required by public
health or safety as approved by the Director in advance.
(7) Public buildings, apartment houses, commercial facilities list-
ed in Subsection 1813.4D.8., air pollution sources permitted to
operate during an Emergency Stage, office buildings, and other
buildings, offices, and factories listed in the Emergency Epi-
sode Master Plan shall reduce the temperature of their struc-
tures and offices to the legal minimum.
(8) All places of employment described hereafter shall immediately
cease operations:
(1) Mining and quarrying of non-metallic minerals
(2) All construction work, except that which must proceed to
avoid physical harm
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(3) All manufacturing establishments, except those possessing
emergency episode curtailment plans
(4) Wholesale trade establishments, i.e., places of business
primarily engaged in selling merchandise to retailers, to
industrial, commercial, institutional, or professional
users or other wholesalers, or acting as agents in buying
merchandise for or selling merchandise to such persons or
companies
(5) Government agencies, boards, author!ties9 courts, and
other public bodies, except those needed to administer
and enforce the Air Pollution Emergency Episode program or
those determined by the Chairman of the Board of County
Commissioners to be vital to the public safety, health, or
welfare
(6) All retail trade establishments, except pharmacies and
stores primarily engaged in the sale of food
(7) Banks, credit agencies other than banks, securities and
commodities brokers, dealers, exchanges and services,
offices of insurance carriers, agents and brokers, and
real estate offices
(8) Wholesale and retail laundries, laundry services and
cleaning and drying establishments, photographic studios,
beauty shops, barber shops, and shoe repair shops
(9) Advertising offices, consumer credit reporting, adjustment
and collection agencies, duplicating, addressing, blue-
printing, photocopying, mailing lists, stenographic ser-
vices, equipment rental services, commercial rental ser-
vices, and commercial testing laboratories
(10) Automobile repair, automobile services, and garages
(11) All wholesale and retail handling of gasoline
(12) Establishments rendering amusement and recreation services
Including motion pictures theaters
(13) Elementary and secondary schools, colleges, universities,
professional schools, junior colleges, vocational schools,
and public and private libraries
(14) All other places of employment as announced by the Chair-
man of the Board of County Commissioners.
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(5.0) 1814 VARIANCES
.1 The A1r Pollution Variance Board
A. There shall be established an Air Pollution Variance Board consist-
ing of five (5) members, appointed by the Board of County Commis-
sioners, who shall have the power to grant variances ir. conformity
with this Section. The Board of County Commissioners shall desig-
nate one member to serve as Chairman. Those individuals appointed
to the Board of Air Pollution Appeals and Variance Review under
Article XVII of the Allegheny County Health Department Rules and
Regulations, effective January 1, 1970, shall serve as members of
the Air Pollution Variance Board until the expiration of their
original appointments. Members of the Air Pollution Variance Boerd
appointed subsequent to the effective date of this Article shall be
appointed for a term of four (4) years. The following criteria
shall be followed in appointing members to the Board:
(1) Members of the Board shall be residents of the County ov
Allegheny.
; (2) One member shall be an engineer registered by the Commonwealth
of Pennsylvania.
(3) One member shall be a physician licensed to practice in the
Commonwealth of Pennsylvania.
(4) One member shall be an attorney admitted to practice law be-
fore any court in the United States.
B. Criteria establishing general conduct of the Board's business are
' as follows:
(1) All action of the Board shall be by a majority of the members
of the Board.
(2) Meetings of the Board shall be held at the request of the
Chairman or at such other times as the majority cf the Board
shall determine.
(3) The Board shall have the power to adopt and enforce such rules
of procedure as it may deem necessary to perform its duties as
provided in this Article.
(4) Any member of the Board who has any personal interest in any
petition for a variance which is before the Board shall dis-
qualify himself from consideration of such petition.
C. The Director shall designate a Secretary of the Air Pollution Vari-
ance Board, who shall be authorized to receive petitions, accept
service on behalf of the Board, and perform such other duties as the
Board may require, including, but not limited to, notifying the
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Director of the status of compliance with each condition attached to
a variance.
.2 Petitions
The Air Pollution Variance Board may grant an exemption or variance
from compliance with any emission standard or other standard of performance
set forth in this Article, except those contained in Section 1813, upon the
petition of the person responsible for the air contamination source for
which such an exemption is sought. The petition shall be filed with the
Secretary of the Board and shall include or shall be accompanied by the fol-
lowing:
(1) One hundred dollars ($100) in cash or a certified check in that
amount payable to the Treasurer of the County of Allegheny
(2) The name, address, and telephone number of the petitioner and any
other parson authorized to receive notice
(3) The type and location of the operations giving rise to the emissions
for which a variance 1s sought, including a description of the proc-
ess or activity giving rise to such emissions
(4) The quantity and nature of such emissions in the same units as is the
standard for which a variance is being sought
(5) Each provision of this Article for which a variance is sought
(6) A detailed plan setting forth all steps the petitioner proposes to
take to reduce such emissions to a level permitted by this Article,
including a schedule indicating the dates upon which each inter-
mediate step shall be completed and the date upon which full com-
pliance with the standards and requirements of this Article shall be
achieved, and the period for which a variance is sought.
(7) The reasons why full compliance with the standards and requirements
of this Article cannot be attained at any time prior to the date of
full compliance set forth in petitioner's plan
(8) Any and all other Information and data which the Board may reason-
ably require.
,3 Variance Standards
A. The Board shall grant any petition for a variance, in whole or in
part, upon a review of the petition and accompanying material and
upon any additional investigations which the Board may conduct, pro-
vided the Board finds that:
(1) Such action will not prevent or interfere with, attainment or
maintenance of any ambient air quality standard contained in
this Article within the time prescribed for the attainment of
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such ambient air quality standard by the Clean Air Act, or
the Commonwealth of Pennsylvania, whichever time is the lesser,
and
(2) The quality and level of emissions from the source at the ex-
piration of the variance will comply with the applicable stand-
ards of this Article, and
(3) Such action is reasonable, considering: the toxicity end
other effects of such emissions on the public health, safety9
and welfare; the meteorological factors affecting the disper-
sion of the emissions; the land use characteristics of the
areas affected by the emissions; efforts taken by the peti-
tioner to comply with provisions of this Article and any arti-
cle that was in effect prior to the effective date of this
Article, which efforts are related to those contaminants
which are the subject of the petition; the status of compli<»
ance of the petitioner; and any other relevant factors.
\ • *
B. In granting a variance, the Board may set reasonable terms and con-
ditions including, but not limited to, the following:
(1) The gradual reduction of emissions during the variance period
/
(2) The reduction, cutback, or alteration of operations giving
1 rise to the emissions for which the variance is sought
(3) The development of new air pollution control technology by the
petitioner
(4) The submission of periodic progress reports of the steps taken
to reduce emissions
(5) The sampling of emissions and the monitoring and recording of
emissions and any operating conditions that may affect the
emissions, at such locations, at such intervals of tima* and
in accordance with such methods and procedures as the Board
may prescribe, results of which shall be submitted to the
Board.
.4 Variance Conditions
A. Any variance granted pursuant to this Section shall be granted for a
period of time not to exceed two (2) years, and may be renewed after
additional public hearings for additional periods of time, not to
exceed one (1) year each, and not to extend beyond a total of four
(4) years from the granting of the initial variance. A petition for
the renewal of a variance must be submitted to the Board at least
sixty (60) days prior to the expiration of the period for which the
variance was originally granted, and must comply with the require-
ments for submission of a variance petition as prescribed in this
Section. The filing of a petition for an additional variance shall
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not operate as a stay of prosecution.
B. The Board may, for good cause, revoke, modify, amend, or change, In
whole or 1n part, at any time, any granted variance. Without in-
tending to limit the generality of the immediately preceding sen-
tence, the failure to perform, within the time specified for such
performance, any condition or requirement attached to the grant of
a variance, shall constitute sufficient cause to revoke such vari-
ance.
C. Any petition which complies with the requirements of this Section
and which is received by the Board before October 1, 1972, shall
operate as an automatic stay of prosecution for violations of those
provisions of this Article with respect to which the variance is
sought, until one (1) year after the effective date of this Article
or until the Board renders a decision on such petition, whichever
comes first. But 1n no event shall the filing of any petition for
a variance, or the grant thereof, relieve the petitioner from full
compliance with any orders and permits heretofore issued or any
stipulations and agreements heretofore entered into by the Director,
nor shall such filing 1n any way preclude the Director from pur-
suing any and all remedies available to him at law or in equity to
enforce such orders, permits, stipulations, or agreements.
D.
.5 Procedures
• • -_,_-,_._-__ v ^ -
No variance may be granted for the operation of any single chamber
incinerator except sewage sludge incinerators.
A. Notwithstanding the existence of a variance, any person responsible
for any air contamination source, who 1s required by this Article to
prepare a Source Curtailment Plan, shall be subject to prosecution
for violation of any provision of this Article during a First Stage
Alert, Second Stage Alert, or Emergency Stage of an air pollution
episode.
B. The Board shall conduct a public hearing on each petition for a
variance. The Board may adopt such rules and procedures as it deems
necessary to conduct such public hearings which shall be subject to
the following criteria:
(1) Parties to a variance hearing may Include, aside from the peti-
tioner, the Director of the Allegheny County Health Department
and other intervening parties who petition the Board under
. procedures established by it.
(2) Any party involved may appear with counsel, file written argu-
ments, offer testimony, cross-examine witnesses, or take any
combination of such actions pursuant to the procedures estab-
lished by the Board.
(3) In any case where a person seeking a variance contends that
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compliance with any provision of this Article 1s not practical
or possible because of the cost Involved either 1n installing
air pollution control equipment or changing or curtailing his
operation 1n any manner, he shall make available to the Board
such financial records as the Board may require.
(4) All testimony taken before the Board shall be under oath and
may be recorded stenographically. The transcripts of the
record shall be made available to any person upon payment of
the fair charges therefor.
(5) The Board shall notify the Director and any parties of record
of all petitions for a variance it receives thirty (30) days
prior to any hearing on the petition.
(6) All hearings must be conducted in the presence of at least
three (3) members of the Board. The Chairman of the Board
may appoint any member to conduct the hearing, and the Chair-
man or member conducting the hearing shall have authority to
administer oaths and do all other necessary and proper duties
in the conducting of a hearing.
(7) Any person who petitions for a variance 1n excess of eighteen
(18) months or who petitions for a renewal or extension of a
variance shall advertise the time and place of the variance
hearing, and Include in such notice the name of the petitioner,
the source of emissions and emissions standard for which a
variance is sought, a statement that any person may present
testimony at the variance hearing, and a telephone number at
which relevant information may be obtained. Such notice shall
be advertised in a prominent place and size in two newspapers
of general circulation at least twenty (20) days before such
hearing.
(8) The Board shall hold a public hearing not less than thirty (30)
days after the filing of a petition for variance and shall
generally make a final decision within ninety (90) days after
the date of the original hearing.
(9) All decisions of the Board shall be in writing, shall contain
findings of fact and the reasons for the decision,, and shall
be served on all parties and the Director personally or by
certified mail. If service is made by certified mail, the date
of receipt shall be considered the date of service for the pur-
pose of any appeal.
(10) Any decision of the Board rendered pursuant to this Article
shall be final. Any appeal therefrom shall be made to the
Court of Common Pleas of Allegheny County pursuant to the pro-
visions of Local Agency Law 1968, December 2, P.L. ,
No. 353 § 1, effective January 1, 1969.
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.6' Stay of Proceedings
In any case the Director may, upon application of any petitioner, grant
a stay of all proceedings, including prosecutions for violations of this
Article, pending the decision of the Board.
(3.0) 1815 PERMITS AND FEES
.1 Permi ts
A. Purpose
It is the purpose of this Section to insure that:
t
i
(1) All applicable emission standards and standards of performance
will be complied with by persons operating or intending to
operate sources of air contaminants, by prior review of all
j plans for the construction, modification, installation,, re-
placement, or reactivation of sources of air contaminants and
. air pollution control devices and by periodic review of com-
pi lance with permit conditions
| (2) In areas of Allegheny County in which existing air quality is
j ' superior to any ambient air quality standard, such air quality
will be generally maintained
(3) All new sources of air contaminants shall control emissions to
the maximum extent possible by the use of the best obtainable
technology.
j B. Installation Permits
i
(1) After the effective date of this Article, no person shall be
! permitted to construct, install, modify,, replace,, or reacti-
; vate any device, machine, system, equipment, or other source
of air contaminants which may result in the emission of air
contaminants Into the open air, or any device, machine, system,
j or equipment which may eliminate,, reduce, or control the emis-
; sion of air contaminants Into the open air, unless he has ob-
i tained an Installation Permit for the construction, installa-
tion, modification, replacement, or reactivation of such devices
i machine, system, or equipment.
; (2) The provisions of Subsection 1815.18. shall not apply to fuel-
.; burning or combustion equipment of a net load rating of 200,000
i BTU per hour or less, motor vehicles or other devices used for
j overland transportation, or incinerators used exclusively for
j domestic purposes in buildings containing fewer than three
j dwelling units.
(3) Applications for Installation Permits shall be made on forms
I prepared by the Director for such purpose. The application
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forms may call for Information as the Director may require to
determine whether the permit should be Issued. Applications
shall be accompanied by the required fee as determined by
Schedule I.
(4) The Director shall reject any application for an Installation
Permit if he finds that:
(1) The proposed installation, construction, modification, re-
placement, or reactivation will result in emissions of sir
contaminants which are in excess of amounts permitted by
this Article; or where no standards have been prescribed
by this Article, the Director finds that all available
methods to prevent and control the emissions of air con-
taminants have not been utilized, or
(2) The operation of the Installation would prevent the attain-
ment and maintenance of any ambient air quality standard
defined 1n this Article, or
(3) For new sources, the installation does not utilize the
best obtainable technology to control the emission of air
contaminants from the source, or does not meet standards
for new sources or sources of hazardous air contaminants
prescribed by the Commonwealth of Pennsylvania or by the
Administrator of the Environmental Protection Agency pur-
suant to the Clean A1r Act, or
(4) The information required by the Director in the applica-
tion has not been supplied or is not adequate to permit
the evaluation of the permit application.
(5) To insure the continued compliance with the standards of this
Article, Installation Permits issued hereunder may be subject
to such terms and conditions as the Director may require. The
Director may require that Installation Permits include: re-
quirements for continued maintenance, alternate operational or
control plans designed to bring about a reduction of air con-
taminants on an Interim basis in compliance with Section 1813,
provisions to equip the source of air contaminants with ade-
quate facilities to monitor and record the emissions of air
contaminants, and any operating conditions that may affect the
emissions of a,1r contaminants.
(6) An Installation Permit may be revoked at any time if the Direc-
tor finds that any statement made in the permit is not true or
has not been complied with, or that the control of air contami-
nants will not be in the manner or to the degree stated in the
permit, or that the terms and conditions of the permit have not
been complied with in any manner.
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C. Operating Permits
(1) No person shall operate any device, equipment, system, machine,
or other source of air contaminants which may, if uncontrolled,
result in the emission of air contaminants, or any device,
equipment, system, or machine which may eliminate, reduce, or
control the emission of air contaminants into the open air,
unless he has obtained an Operating Permit or a Variance Oper-
ating Permit for the operation of such device, machine, equip-
ment, or system, except that the Director may permit the
temporary operation of devices, equipment, systems, or machin-
ery for which an Installation Permit has been issued for the
sole purpose of demonstrating or testing its potential for the
emission of air contaminants.
(2) The provisions of this Subsection shall not apply to fuel-
burning or combustion equipment of a net load rating of 200,000
BTU per hour or less; motor vehicles or other devices used for
overland transportation; incinerators used exclusively for
domestic purposes In buildings containing fewer than three
dwelling units; or devices, equipment, machinery, or other
sources of air contaminants for which a variance has been ob-
tained under the provisions of this Article and which are sub-
ject to the requirements for Variance Operating Permits.
(3) Applications for Operating Permits shall be made on forms pre-
pared by the Director for such purpose. The application forms
may call for such Information as the Director may require to
determine whether the permit should be issued. Applications
shall be accompanied by the required fee as determined from
Schedule II.
(4) The Director shall reject any application for an Operating Per-
mit if he finds that:
(1) The operating of the source of air contaminants will re-
sult in emissions which are in excess of amounts allowed
by this Article; or where no standards have been pre-
scribed by this Article, the Director finds that methods
to prevent or control air contaminants are not being uti-
lized, or
(2) The operation of the installation would prevent the attain-
ment and maintenance of any ambient air quality standard
defined in this Article, or
(3) For new sources, the operation does not utilize the best
obtainable technology to control the emission of air con-
taminants from the source, or does not meet standards for
new sources or sources of hazardous air contaminants pre-
scribed by the Commonwealth of Pennsylvania or by the Ad-
ministrator of the Environmental Protection Agency
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pursuant to the Clean A1r Act, or
(4) The Information required by the Director on the applica-
tion has not been supplied or is not adequate to permit
evaluation of the permit application.
(5) Operating Permits issued hereunder may be subject to such terms
and conditions as the Director may require. To insure the con-
tinued compliance with the standards of this Article., the Di-
rector may require that Operating Permits include: require-
ments for continued maintenance, alternate operational or con-
trol plans designed to bring about a reduction of air contami-
nants on an interim basis in compliance with Section 1813S
provisions to equip the source of air contaminants with adequate
facilities to monitor and record the emissions of air contami-
nants, and any operating conditions that may affect the emis-
sions of air contaminants.
(6) Operating Permits Issued prior to the effective date of this
Article shall remain in effect until December 31, 1972. In no
event, however, shall the provisions hereunder applicable to
Operating Permits prevent revocation of a permit for the rea-
sons specified hereunder or exempt the permit holder from any
of the provisions of this Article. Operating Permits issued
after December 31, 1972 shall be valid during that calendar
year of its issuance, unless revoked pursuant to the provis-
ions set forth hereunder.
(7) Operating Permits shall be renewed annually upon payment of the
required fee set forth in Schedule II and a finding by the Di-
rector that:
(1) All of the terms and conditions of the Operating Permit
are being complied with, and
(2) All of the provisions of this Article are being complied
with.
(8) The Director may revoke a permit at any time, whenever:
(1) Any of the terms and conditions of permit have been vio-
lated, or
(2) Any provision of this Article has been violated, or
(3) Air pollution control equipment installed under the con-
ditions of the permit has not been maintained in good con-
dition, or
(4) The Director has been denied access pursuant to a lawful
inspection to any premises upon which the subject equip-
ment is located.
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D. Variance Operating Permit
(1) No person shall operate any device, system, machine, equipment,,
or other source of air contaminants for which a variance has
been applied for, unless such person has obtained a Variance
Operating Permit.
(2) Applications for Variance Operating Permits shall be made on
forms prepared by the Director. The application forms may call
for such information as the Director may require. An Applica-
tion for a Variance Operating Permit must be received within
five (5) days after the filing of the petition for a variance.
The application shall be accompanied by the required fee as
determined from Schedule III.
(3) The Director shall reject any application for a Variance Oper-
ating Permit 1f he finds that no petition for a variance has
been filed.
(4) Variance Operating Permits shall be valid for one year, or un-
til such time as the Board denies a variance petition, or in
the event a variance 1s granted, until such variance expires
or 1s revoked, whichever of the above occurs soonest.
(5) Variance Operating Permits shall be renewed annually by the
payment of the required fee set forth in Schedule III, provided
that the Director finds that:
(1) The petition for variance has not yet been decided upon,
or
(2) That a granted variance is still in effect.
(6) The Director may revoke any Variance Operating Permit at any
time he finds that the terms of the variance are not being
complied with.
E. Receipt of an Installation or Operating Permit shall not exempt any
person from complying with any provisions of this Article, nor shall
it exempt any person from prosecution for violations of this Article,
nor shall it connoti certification of compliance.
F. Whenever any application for an Installation, Operating, or Variance
Operating Permit is rejected, or any Installation, Operating or
Variance Operating Permit is revoked, the Director shall notify the
person involved 1n writing setting forth the reasons. Any person
aggrieved by the rejection or revocation of any permit application
or permit shall be entitled to an administrative hearing pursuant to
the provisions of Article XI of the Rules and Regulations of the
Allegheny County Health Department.
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G. Installation, Operating, or Variance Operating Permits may not be
transferred from one person to another, and are valid only for the
specific source of air contaminants for which they are issued.
.2 Fees
A. The Director may not issue any Installation, Operating, or Variance
Operating Permit, except for temporary operation, unless he fcas re-
ceived the fee, in cash or a certified check payable to the Treas-
urer of Allegheny County, in accordance with the schedules herein.
B. In the case of fuel-burning or combustion equipment, rating or
rated capacity shall be used to calculate the fee. Fees shall b®
required for each individual piece of fuel-burning or combustion
equipment.
C. In the case of process equipment, for processes listed in Table I9
the tons per hour is to be calculated on the basis of product,, feeci8
material handled,, or other denominator of the Process Factor. In
the case of process equipment, for processes not listed in Table Is
tons per hour is calculated on the weight of the product. Fees
shall be required for each individual piece of process equipment.
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SCHEDULE I - INSTALLATION PERMITS
Fuel-burning or Combustion Equipment
200,000 BTU per hour to 1 million BTU
per hour or less $ 5.00
1 million BTU per hour to 5 million BTU
per hour or less 10.00
5 million BTU per hour to 10 million BTU
per hour or less 15.00
10 million BTU per hour to 50 million BTU
per hour or less 25.00
50 million BTU per hour to 100 million BTU
per hour or less 50,00
100 million BTU per hour to 500 million BTU
per hour or less 75.00
500 million BTU per hour to 1000 million BTU
per hour or less 100.00
1000 million BTU per hour to 2000 million BTU
per hour or less 125.00
2000 million BTU per hour to 3000 million BTU
per hour or less 150.00
3000 million BTU per hour to 4000 million BTU
per. hour or less 200.00
Over 4000 million BTU per hour 300.00
Process Equipment
0 to 1 ton per hour $ 25.00
1 to 10 tons per hour 75.00
10 to 100 tons per hour 150.00
Over 100 tons per hour ' 300.00
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Incinerators
Domestic Incinerators serving less than
three (3) dwelling units $ 5.00
Incinerators having less than 4 square
feet of horizontal cross-sectional area
in the primary combustion chamber 25.00
Incinerators having 4 square feet or more
of horizontal cross-sectional area in
the primary combustion chamber 50.00
Fees for Installation permits shall be deducted from the first annual
Operating Permit fee.
SCHEDULE II - OPERATING PERMITS
Fuel-burning or Combustion Equipment
200,000 BTU per hour to 1 million BTU
per hour or less $ 5.00
1 million BTU per hour to 5 million BTU
per hour or less 10.00
5 million BTU per hour to 10 million BTU
per hour or less 15.00
10 million BTU per hour to 25 million BTU
per hour or less ' 25.00
25 million BTU per hour to 50 million BTU
per hour or less 50.00
50 million BTU per hour to 100 million BTU,
per hour or less 100.00
100 million BTU per hour to 500 million BTU
per hour or less 200.00
500 million BTU per hour to 1000 million BTU
per hour or less 300.00
1000 million BTU per hour to 2000 million BTU
per hour or less 400.00
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2000 million BTU per hour to 3000 million BTU
per hour or less $500.00
3000.mi 11 ion BTU per hour to 4000 million BTU
per hour or less 600.00
Over 4000 million BTU per hour 700.00
Process Equipment
0 to 1 ton per hour $ 20.00
1 to 10 tons per hour 100.00
10 to 100 tons per hour 200.00
Over 100 tons per hour 400.00
Incinerators
Domestic incinerators serving less than
three (3) dwelling units No fee
Incinerators having less than 4 square
feet of horizontal cross-sectional area
in the primary combustion chamber $ 25.00
Incinerators having 4 square feet or more
of horizontal cross-sectional area in
. the primary combustion chamber, per
square foot of horizontal cross-sectional
area of such horizontal cross-sectional
area 10.00
SCHEDULE III - VARIANCE OPERATING PERMITS
Fuel-burning or Combustion Equipment
200,000 BTU per hour to 1 million BTU
per hour or less $ 7.00
1 million BTU per hour to 5 million BTU
per hour or less ' 15.00
5 million BTU per hour to 10 million BTU
per hour or less 22.00
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10 million BTU per hour to 25 million BTU
per hour or less * ' ' $ 37.00
25 million BTU per hour to 50 million BTU
per hour or less 75.00
50 million BTU per hour to 100 million BTU
per hour or less 150.00
100 million BTU per hour to 500 million BTU
per hour or less 300.00
500 million BTU per hour to 1000 million BTU
per hour or less 400.00
1000 million BTU per hour to 2000 million BTU
per hour or less 500.00
2000 million BTU per hour to 3000 million BTU
per hour or less 600.00
3000 million BTU per hour to 4000 million BTU
per hour or less 750.00
Over 4000 million BTU per hour 900.00
Process Equipment
/ /
0 to 1 ton per hour $ 30.00
1 to 10 tons per hour 150.00
10 to 100 tons per hour 300.00
Over 100 tons per hour 600.00
Incinerators
Domestic incinerators serving less than
three (3) dwelling units No fee
Incinerators having less than 4 square
feet of horizontal cross-sectional area
in the primary combustion chamber $ 37.00
Incinerators having 4 square feet or more
of horizontal cross-sectional area in
the primary combustion chamber, per square
foot of horizontal cross-sectional
area of such horizontal cross-sectional area 15.00
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(7.0) 1816 SHUTDOWN OR BREAKDOWN OF EQUIPMENT
. .1 Shutdown
In the event of shutdown of any air pollution control device for neces-
sary scheduled maintenance, the intent to shut down such equipment shall
I be reported to the Director, and his approval obtained, at least 24 hours
prior to the planned shutdown. Such prior report shall include:
(1) Identification of the specific device to be taken out of service
j as well as its location and permit number
(2) The expected length of time that the device will be out of service
(3) The nature and quantity of emissions of air contaminants likely to
occur during the shutdown period
(4) Measures, such as the use of extra labor and equipment, that will
be taken to minimize the length of the shutdown period
(5) The reasons, that it will be impossible or impractical to shut down
the source of air contaminants during the shutdown period
(6) Other information required by the Director.
.2 Breakdown
A. In the event that any air pollution control device or related facil-
ity breaks down in such a manner as to cause the emission of air
contaminants in violation of this Article, the person responsible
for such device shall immediately notify the Director of such fail-
ure or breakdown and provide a written statement giving all the
psrtinent facts, including the estimated duration of the breakdown.
The Director shall be notified when the condition causing the fail-
ure or breakdown has been corrected and the device is again in op-
eration.
B. In no case shall the reporting of a breakdown prevent the prose-
cution for any violation of this Article.
j .3 Cold Start
In the event that any person intends to perform a cold start on any
fuel-burning or combustion equipment, such intent shall be reported to the
Director at least 24 hours prior to the planned cold start. Such report
shall include the expected time and duration of the startup.
1 (16.0) 1817 PENALTIES
i
j .1 Summary Offenses
Any person who violates any of the provisions of this Article or any
rule or regulation of the Allegheny County Apartment of Health or who
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interferes with the Director or any other agent of the Department of
Health in the discharge of his official duties, shall, for the first of-
fense, upon conviction thereof 1n a summary proceeding before any alder-
man or justice of the peace of Allegheny County, or before any police
magistrate if such offense be committed in a city of the second class, be
sentenced to pay the costs of prosecution and a fine of not less than
thirty ($30) dollars nor more than three hundred ($300) dollars and, in
default thereof, to undergo imprisonment of not less than ten (10) days
nor more than thirty (30) days.
.2 Misdemeanors
Any person who violates any of the provisions of this Article or any
rule or regulation of the County Department of Health or who interferes
with the Health Director or any other agent of the Department of HoaHh In
the discharge of his official duties, convicted of a second or subsequent
offense, shall be guilty of a misdemeanor and shall, upon conviction
thereof, be sentenced to pay a fine of not less than five hundred ($BCO)
dollars nor more than one thousand ($1,000) dollars or to undergo impris-
onment not exceeding one (1) year, or both.
.3 Separate Offenses
For the purpose of this Section, violations on separate days shall be
considered separate offenses. Each violation of any separate subsection
or section of this Article shall constitute a separate offense.
.4 Other Remedies
-- " —-~* i
The remedies prescribed by this Article shall be deemed concurrent,, and
the existence of or exercise of any remedy shall not prevent the Commis-
sioner of the Director from exercising any other remedy they may have at
law or in equity.
(50.7) 1818 NUISANCES
Any violation of any section of this Article shall constitute a nuisance.
(2.0) 1819 APPLICATION FOR INJUNCTIVE RELIEF
In addition to any other remedies provided for in this Article, the Board
of Health or the Director may request the Board of County Commissioners to pe-
tition the Allegheny County Court of Common Pleas for an injunction to restrain
any violation of this Article.
(2.0) 1820 OTHER RIGHTS AND REMEDIES PRESERVED
Nothing in this Article shall be construed as impairing any right or
remedy, now or hereafter existing in equity or under common or statutory law,
to abate private or public nuisances, nor shall the Court of Common Pleas of
Allegheny County be deprived of such jurisdiction for the reason that such
nuisance constitutes air pollution.
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(2.0) 1821 SEVERABILITY CLAUSE
The provisions of this Article shall be severable. If any provision of
this Article 1s found by a court of record to be unconstitutional or void, the
remaining provisions of the Article shall, nevertheless, remain valid; unless
the court finds the valid provisions of the Article are so essentially and in-
separably connected with, and so depend upon, the void provision that it can-
not be presumed that the Commissioners would have enacted the remaining valid
provisions without the void ones, or unless the court finds the remaining val-
id provisions, standing alone, are incomplete and are incapable of being exe-
cuted in accordance with the Commissioners' intent.
(2.0) 1822 REPEALER
Article XVII0 Rules and Regulations of the Allegheny County Health Depart-
ment, effective January 1» 1970, is hereby repealed.
This artlel© shall besom© effective on
1972.
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APPENDIX TO ARTICLE XVIII
Allowable Emission Graphs
Coke Oven Gas: Sulfur Compounds
Sulfur Oxides: Fuel-Burning or Combustion Equipment
Sulfur Oxides: Sulfur Recovery Plants
Particulate Matter: Processes listed in Table I
Particulate Matter: Fuel-Burning or Combustion Equipment
Table of Ambient Air Quality Standards
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COKE OVEN GAS: SULFUR COMPOUNDS
5 6 7 8 9 10
v/l
s
UJ
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CM
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illlilfi •SS'tiK^iSrUI'llhlm •|i««M33f»^«l(311lllini HIM A •••!'• SSI
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' t -. i. » 3 III , II •
Illll Ill-ll Hi i.
Illll JJillOl:
miiiiiiiiii
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iiiiiiiiiiiiii i:
Illlllllllil! 1,
BBK1IIIIII1HIHI:!
IIBIIIIIliiflK
^•••4*litlfllt-
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• ••••••••lllllMHil
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E = HEAT INPUT. 10 BTU/HR
-------
SULFUR OXIDES: SULFUR RECOVERY PLANTS
= nn»imnin«
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PARTICULATE MATTER: PROCESSES LISTED IN TABLE I
i--
d --i-c-iir ^ilfaH! ar 3-jfc:r. j:'
co
c;
o 9
Ml
00
A = ALLOWABLE EMISSIONS, LBS/HR
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Illllil I I
IIIIIII II
IIIIIII I I
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IIIIIII I II
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IIIIIII I: li !
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aaeeif liiii
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mil ill IT:
• •III III 11:11, I
• ••II III 11.11 I
• IIIIIII ll'lf
Illlllll I I; ,' «•• viirs»»ailllllin it.
Illlllll li, II I HMUBMaieillllltlU'i.
ilium, :i r Biwasssiiiiifffn!i
ifiijui liiii i MHilHininnnni;
HmiMK*llllll|UMI!:lt
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,amummmit*tntii\\(
•iB-aaniiiiiiiCiisEieineiaiiiiiiin
a3Bi>K*! w K a 1111111 .'iitt.'ii in- aaT« isea t *iiijf 111
f .1 I J . • I i
"!.. *n!-«atlli
«_•»• • 1111 § 111
tj :, i,J »ir fl • IIII , ':
;t at uiHaciiiiiiii
T#8S8flHjBiiS,'ii33lillll
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•• 111. i i
'•IIIIIII i
mmmmmmmmts
• ••••§•••11
• •••••BUB
IIIMHII |i UH m mm mm mi * t
iiiiinii !i i*mtmmvmt•• •§•
E = HEAT INPUT, 10b BTU/HR
-------
AMBIENT AIR QUALITY STANDARDS
The following ambient air quality standards are Incorporated in Article
XVIII. Except where stated, these are maximum values in units of micrograms
per cubic meter, not to be exceeded.
CONTAMINANT CONCENTRATIONS AVERAGED OVER
1 yr. 30 days 24 hr. 8 hr. 4 hr. 3 hr. 1 hr.
Suspended Particulate
Matter
National Primary 75* 260^
National Secondary 60 150C
Allegheny County 350
Sulfur Oxides h
National Primary 80° 365C .
National Secondary 60° 260C 1300C
Nitrogen Oxides
National Primary & b
Secondary 100
i
Carbon Monoxide
National Primary &
Secondary 10,000C 40,000C
c
Photochemical Oxidants
National Primary &
Secondary 160
Hydrocarbons
National Primary & H
Secondary 160C'°
Settled Particulates6 800b 1500
Lead6 5
Berry!lium6 0.01
Sulfates (as H2S04)e 10 30
Fluorides6
(total soluble, as HF) 5
Hydrogen Sulfide6 0.005 ppm 0.1 ppm
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For conversion of standards for gaseous contaminants from ug/m to ppm
(dry volume) multiply ug/m3 by (24.5 / 1000 x molecular weight).
geometric mean
arithmetic mean
not to be exceeded more than once a year
only applicable 6 AM - 9 AM
Commonwealth of Pennsylvania Standards, incorporated by reference in
Article XVIII
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FEDERALLY PROMULGATED
REGULATIONS
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(14.0) 52.2024 Public Avail abilityof Data
(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 emis-
sion 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
I of emissions from such source and any other information as may be
{ deemsd necessary by the Regional Administrator to determine whether
; such source is in compliance with applicable emission limitations or
other control measures that are part of the applicable plan.
i
j (2) Commencing after the initial notification by the Regional Administrator
pursuant to paragraph (b)(T) of this section, the owner or operator of
i the source shall maintain records of the nature and amounts of emis-
; sions from such source and any other information as may be deemed
i necessary by the Regional Administrator to determine whether such
source 1s in compliance 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 Administrator, on
forms furnished by the Regional Administrator, and shall be submitted
within 45 days after the end of the reporting period. Reporting peri-
! ods are January 1 - June 30 and July 1 - December 31.
! (3) Information recorded by the owner or operator and copies of this sum-
I marlzing report submitted to the Regional Administrator shall be re-
i tained by the owner or operator for 2 years after the date on which
I the pertinent report 1s submitted.
(4) Emission data obtained from owners or operators of stationary sources
will bi correlated with applicable emission limitations and other con-
trol measures that are part of the applicable plan and will be avail-
able at the appropriate regional office and at other locations in the
state designated by the Regional Administrator.
(12.0) 52.2038 Inspection and maintenance
(a) Definitions:
(1) "Inspection and maintenance program" means a program to reduce emis-
sions from 1n-use vehicles through Identifying vehicles that need emis-
sion control related maintenance and requiring that such maintenance
be performed.
(2) "Light-duty vehicle" means a gasoline, powered motor vehicle rated at
6,000 Ib 6VW (gross vehicle weight) or less.
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(3) "Medium-duty vehicle" means a gasoline powered motor vehicle rated at
more than 6,000 Ib GVW and less than 10,000 Ib GVW.
(4) All other terms used in this section which are defined in Appendix N
to Part 51 of this chapter, are used herein with the meanings as de-
fined.
(b) This section is applicable in the Pennsylvania portion of the Metropolitan
Philadelphia Interstate AQCR and in the Southwest Pennsylvania IntrEstate
AQCR.
(c) The Commonwealth of Pennsylvania shall submit to the Administrators, no
later than February 1, 1974, a detailed compliance schedule showing tha
steps that will be taken to establish and enforce an inspection and main-
tenance program pursuant to paragraph (d) of this section. The compliance
schedule shall include:
(1) The text of any statutory proposals and regulations that are needed
to carry out the inspection/maintenance program.
(2) A detailed timetable describing the steps that must be taken (and the
date by which such steps will be taken) to ensure the timely sub-
mittal of any needed legislation to the legislature and to ensure
timely adoption of the regulations needed for paragraph (d) of this
section.
(3) A signed statement by the chief executive of the Commonwealth identi-
fying the sources and amounts of funding for the inspection/mainten-
ance program. If funds cannot legally be obligated under existing
statutory authority, the text of the needed legislation shall be
submitted to the Administrator pursuant to paragraph (c)(l) of this
section.
(d) The Commonwealth of Pennsylvania shall establish an inspection and main-
tenance program applicable to all light- and medium-duty vehicles subject
to registration in Pennsylvania and registered to persons residing i.i any
area defined in paragraph (b) of this section. No later than April 1,
1974, the Commonwealth of Pennsylvania shall submit legally adopted regu-
lations to the Administrator establishing such a program. The Common-
wealth may exempt any class or category of vehicles which the Commonwealth
finds is rarely used on public streets and highways (such as classic or
antique vehicles). The regulations shall include:
(1) Provisions for the inspection of all light- and medium-duty vehicles
subject to this section at periodic intervals of no more than 1 year
by means of an idle test. Such inspection must be performed within
one of the AQCR's subject to this section.
(2) Provisions for inspection failure criteria consistent with average
annual vehicular exhaust emissions reductions of 8 percent for carbon
monoxide and 10 percent for hydrocarbons of the amounts that would
have been emitted by vehicles subject to this section without the
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program. These criteria shall Include an Initial failure rate of 30
percent.
(3) Provisions to require that failed vehicles receive,, within 2 weeks,
the maintenance necessary to achieve compliance with the inspection
standards. This shall include sanctions against individual owners
and repair facilities, retest of failed vehicles following mainte-
nance,, a certification program to ensure that repair facilities per-
forming the required maintenance above the necessary equipment, parts,
and knowledgeable operators to perform the tasks satisfactorily,, and
such other measures as may be necessary or appropriate.
(4) A program of enforcement to ensure that vehicles are not intention-
ally readjusted or modified subsequent to the inspection and/or main-
tenance in such a way as would cause them no longer to comply with
the inspection standards. This might include spot checks of idle
adjustments and/or a suitable type of physical tagging. This program
shall Include appropriate penalties for violation.
(5) Designation of the agency or agencies responsible for conducting,
overseeing, and enforcing the inspection and maintenance program.
(6) Provisions for beginning the first Inspection cycle no later than
May 1, 1975, and for completing 1t no later than April 30, 1976,
(7) Criteria and procedures for Identifying, whether by specially marked
license plates,, registration cards, or otherwise, vehicles subject
to the requirements of this section.
(e) After April 30„ 1976, the Commonwealth of Pennsylvania shall now allow to
operate on its streets and highways vehicles subject to this section which
do not display a valid State sticker certifying compliance with the applic-
able standards and procedures of paragraph (d) of this section. This shall
not apply to the initial registration of a new motor vehicle.
(f) After April 30„ 1976, no owner of a vehicle subject to this section shall
operate or allow to be operated a vehicle which does not display a valid
State sticker certifying compliance with the applicable standards and pro-
cedures adopted pursuant to paragraph (d) of this section. This shall not
apply to the initial registration of a new motor vehicle.
(g) The requiremants of this section shall apply to any vehicle registered to
any parson residing outside any area defined in paragraph (b) of this sec-
tion if said vehicle 1s used primarily within any such area.
(12.0) 52.2039 A1r blesd to intake manifold retrofit
(a) Definitions:
(1) "Air bleed to intake manifold retrofit" means a system or device (such
as a modification to the engine's carburetor or positive crankcase
ventilation system) that results 1n engine operation at an increased
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air-fuel ratio so as to achieve reductions in exhaust emissions of
hydrocarbons and carbon monoxide from 1967 and earlier light-duty
vehicles of at least 21 percent and 58 percent, respectively.
(2) "Light-duty vehicle" means a gasoline-powered motor vehicle rated at
6,000 Ib GVW (gross vehicle weight) or less.
(3) All other terms used in this section that are' defined in Appendix N,
to Part 51 of this Chapter, are used herein with the meanings so de-
fined.
(b) This section is applicable in the Allegheny County portion of the Southwest
Pennsylvania Intrastate AQCR and the Pennsylvania portion of the Metro-
politan Philadelphia Interstate AQCR.
(c) The Commonwealth of Pennsylvania shall establish a retrofit program to en-
sure that on or before June 1, 1976, all light-duty vehicles of model years
prior to 1968, subject to registration in Pennsylvania and registered to
persons residing in any area defined in paragraph (b) of this section, are
equipped with an appropriate air bleed to intake manifold retrofit device.
No later than April 1, 1974, the Commonwealth shall submit legally adopted
regulations to the Administrator establishing such a program. The Common-
wealth may exempt any class or category of vehicles that the Commonwealth
finds is rarely used on public streets and highways (such as classic or
antique vehicles). The regulation shall include:
(1) Designation of an agency responsible for evaluating and approving such
devices for use on vehicles subject to this section.
(2) Designation of an agency responsible for ensuring that the provisions
of paragraph (c)(3) of this section are enforced.
(3) Provisions for beginning the Installation of the air bleed devices by
August 1, 1975, with installation of the devices on all vehicles sub-
ject to this section no later than May 31, 1976.
(4) Procedures for ensuring that those installing the retrofit devices
have the training and ability to perform the needed tasks satisfac-
torily and will have an adequate supply of retrofit components.
(5) Criteria and procedures for identifying, whether by specially marked
license plates, registration cards, or otherwise, vehicles subject to
the requirements of this section.
(d) After June 1, 1976, the Commonwealth shall not register or allow to op-
erate on its streets or highways any light-duty vehicle subject to this
section which does not comply with the applicable standards and procedures
adopted pursuant to paragraph (c) of this section.
(e) After June 1, 1976, no owner of a vehicle subject to this section shall op-
erate or allow the operation of any such vehicle that does not comply with
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the applicable standards and procedures Implementing this section.
(f) The Commonwealth of Pennsylvania shall submit to the Administrator no later
than February 1, 1974, a detailed compliance schedule showing the steps it
will take to establish and enforce a retrofit program pursuant to paragraph
(c) of this section, including:
(1) The text of statutory proposals and regulations that the Commonwealth
proposes for adoption.
(2) The date by which the State will recommend needed legislation to the
State legislature.
(3) The date by which the Commonwealth will evaluate and approve devices
for use in this program. Such date shall be no later than September
30, 1974.
(g) The rsquirgmants of this section shall apply to any vehicle registered to
any person residing outside any area defined 1n paragraph (b) of this sec-
tion if said vehicle 1s used primarily within any such area.
(12.0) 52.2040 Management of parking supply
(a) Definitions:
(1) "Parking facility" (also called "facility") means a lot, garage, build-
ings or structure, or combination or portion thereof, in or on which
motor vehicles are temporarily parked.
(2) "Vehicle trip" means a single movement by a motor vehicle that orig-
inates or terminates at a parking facility.
(3) "Construction" means fabrication, erection, or installation of a park-
ing facility,, or any conversion of lane, buildings, or structures, or
portions thereof, for use as a facility.
Ideation" means any change to a parking facility that increases
or may increase the motor vehicle capacity of, or the motor vehicle
activity associated with, such parking facility.
(5) "Commence" means to undertake a continuous program of on-site con-
struction or modification.
(6) "Philadelphia CBD" means the area within the City of Philadelphia,
Pennsylvania, bounded by, but not including, Vine Street, South Street,
and Schuylkill River, and the Delaware River.
(b) This section is applicable in the Southwest Pennsylvania Intrastate AQCR
and in the Philadelphia CBD of the Pennsylvania portion of the Metropolitan
Philadelphia Interstate AQCR. .
(c) The requirements of this section are applicable to the following parking
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facilities in the areas specified in paragraph (b) of this section, the
construction or modification of which 1s commenced after January 1, 1975.
(1) Any new parking facility with parking capacity for 50 or more motor
vehicles;
(2) Any parking facility that will be modified to increase parking capac-
ity by 50 or more motor vehicles; and
(3) Any parking facility constructed or modified in increments which indi-
vidually are not subject to review under this section, but which, whefl
all such increments occurring since January 1, 1975, are added to-
gether as a total, would subject the facility to review under this
section.
(d) No person shall commence construction or modification of any facility sub-
ject to this section without first obtaining written approval from the Ad-
ministrator or an agency designated by him; provided, that this paragraph
shall not apply to any proposed construction or modification for which a
general construction contract was finally executed by all appropriate par-
ties on or before January 1, 1975.
(e) No approval to construct or modify a facility shall be granted unless the
applicant shows to the satisfaction of the Administrator or agency approved
by him that:
(1) The design or operation of the facility will not cause a violation of
the control strategy which 1s part of the applicable implementation
plan, and will be consistent with the plan's VMT reduction goals.
(2) The emissions resulting from the design or operation of the facility
will not prevent or interfere with the attainment or maintenance of
any national ambient air quality standard at any time with 10 years
from the date of application.
(f) All applications for approval under this section shall include the follow-
ing information:
(1) Name and address of the applicant.
(2) Location and description of the parking facility.
(3) A proposed construction schedule.
(4) The normal hours of operation of the facility and the enterprises and
activities that it serves.
(5) The total motor vehicle capacity before and after the construction or
modification of the facility.
(g) The Administrator or agency approved by him may require an application to
include the following information:
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(1) The number of people using or engaging 1n any enterprises or activit-
ies that the facility will serve on a dally basts and a peak hour
basis.
(2) A projection of the geographic areas In the community from which
people and motor vehicles will be drawn to the facility. Such pro-
jection shall include data concerning the availability of mass transit
from such areas.
(3) An estimate of the average and peak hour vehicle trip generation rate
before and after construction or modification of the facility.
(4) An estimate of the effect of the facility on traffic pattern and flow.
(5) An estimate of the effect of the facility on total VMT for the air
quality control region.
(6) An analysis of the effect of the facility on total VMT for the air
quality including a showing that the facility will be compatible with
the applicable implementation plan, and that the facility will not
cause any national air quality standard to be exceeded within 10 years
from date of application. The Administrator may prescribe a standar-
dized screening technique to be used in analyzing the effect of the
facility on ambient air quality.
(7) Additional Information, plans, specifications, or documents required
by the Administrator.
(h) All applications under this section, for new parking facilities with park-
ing capacity for 250 or more vehicles, or for any modification which,
either individually or together with modifications since January 1, 1975,
will increase capacity by that amount, shall, in addition to that informa-
tion required by paragraph (f) of-this section, include the information re-
quired by paragraphs (g)(l) through (7) of this section unless the appli-
cant has received a waiver from any provisions of such paragraph from the
Administrator or agency approved by him.
(i) Each application shall be signed by the owner or operator of the facility„
whose signature shall constitute an agreement that the facility shall be
operated in accordance with applicable rules, regulations, permit condi-
tions, and the design submitted in the application.
(j) Within 30 days after recilpt of an application, the Administrator or agency
approved by him shall notify the public, by prominent advertisement in the
Region affected, of tha receipt of the application and the proposed action
on 1t (whether approval, conditional approval, or denial), and shall Invite
public comment.
(1) The application, all submitted information, and the terms of the pro-
posed action shall be made available to the public in a readily acces-
sible place within the affected air quality region.
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(2) Public comments submitted within 30 days of the date such information
is made available shall be considered in making the final decision on
the application.
(3) The Administrator or agency approved by him shall take final action
(approval, conditional approval, or denial) on an application within
30 days after close of the public comment period.
Note: The provisions of 52.2040 were suspended indefinitely at 40 FR 29714S
July 15, 1975.
(12.0) 52.2041 Study and establishment of bikeways
(a) Definitions:
(1) "Philadelphia CBD" is defined as the area within the City of Phila-
delphia, Pennsylvania, bounded by, but not including Vine Street,
South Street, the Schuylkill River, and the Delaware River.
(2) "Pittsburgh CBD" is defined as the area enclosed by the Allegheny
River, the Monogahela River, and 1-876. 1-876 is not included.
(b) This section is applicable in the Southwest Pennsylvania Intrastate AQCR
and in the Pennsylvania portion of the Metropolitan Philadelphia Inter-
state AQCR (the Regions).
(c) The Commonwealth of Pennsylvania shall, according to the schedule set forth
in paragraph (d) of this section, conduct a study of, and shall in that
study recommend locations for exclusive bicycle lanes and bicycle parking
facilities in the areas described in paragraph (b) of this section. The
study shall be made with a view toward maximum safety and security. The
study shall include consideration of the physical designs for such lanes
and parking facilities, and of rules of the road for bicyclists and, to. the
extent that present rules must be modified because of bicycle lanes^ new
rules of the road for motorists. In conducting the study, opportunity
shall be given for public comments and suggestions. The study shall recom-
mend as large a network of new CBD-oriented commuter bicycle lanes and bi-
cycle parkina facilities as is practicable within the areas described in
paragraph (b) of this section and shall recommend physical designs for said
lanes and facilities. The networks shall contain at least 25 miles of ex-
clusive bicycle lanes in each direction in the Pennsylvania portion of the
Metropolitan Philadelphia Interstate AQCR and shall contain at least 10
miles of such lanes in each direction within the Southwest Pennsylvania
Intrastate AQCR.
(d) The Commonwealth of Pennsylvania shall submit to the Administrator no later
than March 1, 1974, a detailed compliance schedule showing the steps that
will be taken to carry out the study required by paragraph (c) of this sec-
tion. The compliance schedule shall at a minimum include:
(1) Designation of the agency responsible for conducting the study.
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(2) A date for initiation of the study, which date shall be no later than
May 1, 1974.
(3) A date for completion of the study, and submlttal thereof to the Ad-
ministrator, which date shall be no later than March 1, 1975.
(4) A detailed timetable describing the steps that must be taken and when
these steps will be taken to ensure the timely submittal of any legis-
lation needed to generally authorize establishment of bikeways and
parking facilities in Pennsylvania to the State legislature.
(e) On or before April 1, 1975, the Administrator shall submit to the Common-
wealth of Pennsylvania his response to the study required by paragraph (c)
of this section8 and shall, 1n that response, either approve the route and
parking facility location and designs recommended 1n the study, or shall
designate alternative and/or additional route and parking facility loca-
tions and daslgns.
(f) The Commonwealth of Pennsylvania, and such county and local jurisdictions
as the Commonwealth shall request to participate in the establishment of
the networks (the Commonwealth must request the participation of a county
or local jurisdiction if the participation of that jurisdiction Is neces-
sary to the establishment of the lanes and other facilities required by
this section) shall establish, according to the schedule set forth in the
compliance schedule required by paragraph (g) of this section, bike lanes
and parking facilities along the routes and in the locations approved or
designated by the Administrator pursuant to paragraph (e) of this section.
(g) On or before June 1, 19759 the Commonwealth of Pennsylvania, and such coun-
ty and local jurisdictions as the Commonwealth has requested to partici-
pate (and ares therefore, required to participate by paragraph (f) of this
section) shall submit to the Administrator compliance schedules which shall
show in detail the steps which each governmental entity will take to .estab-
lish the bike lanes^and parking facilities required by this section. The
schedule must include as a minimum the following:
(1) Each lane and parking facility must be identified with a date set for
its-establishment.
(2) The design0 security, and safety features of each lane and parking
facility must be precisely described and shown to be in accord with
the designs approved or designated by the Administrator pursuant to
paragraph (e) of this section.
(3) A date must be set for the initiation of lane and parking constructions
which date shall be no later than September 1, 1975.
(4) A data must be set for completion of 50 percent of lane and parking
construction, which date shall be no later than February 1, 1976.
(5) A date must be set for completion of 100 percent of lane and parking
construction, which dati shall be no later than May 31, 1976.
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(6) Designation must be made of the agencies responsible for guaranteeing
the establishment of the lanes and facilities 1n accordance with the
Administrator's response to the Commonwealth study.
(7) Signed statements of the chief executives of all jurisdictions In-
volved in the establishment of the lanes and parking facilities re-
quired by this section, or their designees, must be submitted iden-
tifying the sources and amounts of funding for the programs required
by this section, along with a timetable to ensure that proper funds
will be available.
(h) No later than August 1, 1975, each governmental entity required by this sec«
tion to establish bicycle lanes and/or parking facilities, shall submit w
the Administrator legally adopted regulations sufficient to implement aad
enforce all of the requirements of this section.
(i) Notwithstanding paragraph (c) of this section, if prior to the completion
and submittal of the study required by paragraph (c) of this section the
Commonwealth of Pennsylvania has good and reasonable cause, through public
comment or otherwise, to believe that the maximum practicable network of
bicycle lanes will be less than 25 miles, 1n each direction, in the Penn-
sylvania portion of the Metropolitan Philadelphia Interstate AQCR, and/or
less than 10 miles, in each direction, in the Southwest Pennsylvania Intra-
state AQCR, the Commonwealth shall so notify the Administrator and shall
obtain his concurrence or nonconcurrence, and shall conduct the remainder
of the study to assure that the network of lanes shall be that mileage
specified by the Administrator. Notice pursuant to this paragraph shall be
given no later than the beginning of the ninth month of the study.
(12.0) 52.2042 Gasoline transfer vapor control
(a) "Gasoline" means any petroleum distillate having a Reid vapor pressure of
4 pounds or greater.
(b) This section is applicable in the Allegheny County portion of the Southwest
Pennsylvania Intrastate AQCR.
(c) No person shall transfer gasoline from any delivery vessel into any sta-
tionary storage container with a capacity greater than 250 gallons unless
the displaced vapors from the storage container are processed by a system
that prevents release to the atmosphere of no less than 90 percent by
weight of organic compounds 1n said vapors displaced from the stationary
container location.
(1) The vapor recovery portion of the system shall include one or more of
the following:
(i) A vapor-tight return line from the storage container to the de-
livery vessel and a system that will ensure that the vapor re-
turn line is connected before gasoline can be transferred into
the container.
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(ii) Refrigeration-condensation system or equivalent designed to re-
cover no less than 90 percent by weight of the organic compounds
in the displaced vapor
(2) If a "vapor-balance return" or "simple displacement" system is used
to meet the requirements of this section, the system shall be so con-
structed as to be readily adapted to retrofit with an adsorption sys-
tem, refrigeration-condensation system, or equivalent vapor removal
system.
(3) The vapor-laden delivery vessel shall be subject to the following con-
ditions:
(1) The delivery vessel must be so designed and maintained as to be
vapor-tight at all times.
(11) Within the Southwest Pennsylvania Intrastate AQCR, the vapor-
laden delivery vessel may be refilled only at facilities equip-
ped with a vapor recovery system or the equivalent, which can
recover at least 90 percent by weight of the organic compounds
in the vapors displaced from the delivery vessel during refill-
ing.
(iii) Gasoline storage compartments of 1,000 gallons or less in gaso-
line delivery vehicles presently in use on the promulgation date
of. this section will not be required to be retrofitted with a
vapor return system until January 1, 1977.
(iv) Facilities which have a daily throughput of 20,000 gallons of
gasolln© or less are required to have a vapor recovery system
In operation no later than May 31, 1977. Delivery vessels and
storage containers served exclusively by facilities required to
have a vapor recovery system in operation no later than May 31,
1977S also are required to meet the provisions of this section
no later than May 31, 1977.
(d) The provisions of paragraph (c) of this section shall not apply to the
following:
(1) Stationary container having a capacity less than 550 gallons used ex-
clusively for the fueling of implements of husbandry.
(2) Any container having a capacity of less than 2,000 gallons installed
prior to promulgation of this section,
(3) Transfer made to storage tanks equipped with floating roofs or their
equivalent.
(e) Every owner or operator of a stationary storage container or delivery ves-
sel subject to this section shall comply with the following compliance
schedule:
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(1) June 1. 1974. Submit to the Administrator a final control plan, which
describes at a minimum the steps that will be taken by the source to
achieve compliance with the provisions of paragraph (c) of this section.
(2) March 1, 1795 (Sic). Negotiate and sign all necessary contracts for
emission control systems, or issue orders for the purchase of compon-
ent parts to accomplish emissions control.
(3) May 1,1975. Initiate on-site construction or installation of emission
control equipment.
(4) February Ij, 1976. Complete on-site construction or installation of
emission control equipment.
(5) March 1, 1976. Assure final compliance with the provisions of para-
graph (c) of this section.
(6) Any owner or operator of sources subject to the compliance schedule in
this paragraph shall certify to the Administrator, within 5 days after
the deadline for each increment of progress, whether or not the re-
quired increment of progress has been met.
(f) Paragraph (e) of this section shall not apply:
(1) To a source which is presently in compliance with the provisions of
paragraph (c) of this section and which has certified such compliance
to the Administrator by June 1, 1974. The Administrator may request
whatever supporting information he considers necessary for proper
certification.
(2) To a source for which a compliance schedule is adopted by the State
and approved by the Administrator.
(3) To a source whose owner or operator submits to the Administrator by
June 1, 1974, a proposed alternative schedule. No such schedule may
provide for compliance after March 1, 1976. Any such schedule shall
provide for certification to the Administrator within 5 days after the
deadline for each increment therein, as to whether or not that incre-
ment has been met. If promulgated by the Administrator, such sched-
ule shall satisfy the requirements of this paragraph for the affected
source.
(g) Nothing in this section shall preclude the Administrator from promulgating
a separate schedule for any source to which the application of the compli-
ance schedule in paragraph (e) of this section fails to satisfy the require-
ments of.51.15 (b) and (c) of this chapter.
(h) Any gasoline dispensing facility subject to this section that installs a
storage tank after the effective date of this section shall comply with
the requirements of paragraph (c) of this section by March 1, 1976, and
prior to that date shall comply with paragraph (e) as far as possible,,
Any facility subject to this section that installs a storage tank after
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March 1, 1976, shall comply with the requirements of paragraph (c) of this
section at the time of Installation.
(12.0) 52.2043 Computer carpool matching system
(a) Definitions:
(1) "Carpool" means two or more persons utilizing the same vehicle.
(2) "Carpool matching" means assembling lists of commuters sharing similar
travel needs and providing a mechanism by which persons on such lists
may be put in contact with each other for the purpose of forming car-
pools.
(3) "Time-origin-destination (TOD) information" means information that
identifies a commuters' work schedule, home and work location, or the
location of other desired origins and destinations of trips (such as
shopping or recreational trips).
(4) "Pilot program" means a program that is initiated on a limited basis
for the purpose of facilitating a future full scale regional program.
(b) This section is applicable in the Southwest Pennsylvania Intrastate AQCR
and in the Pennsylvania portion of the Metropolitan Philadelphia Inter-
state AQCR (the Regions).
(c) Beginning June 1, 1975, the Commonwealth of Pennsylvania shall, unless
exempted by the Administrator on the basis of a finding that equivalent
service is being or will be provided by some other public or private en-
tity, establish a computer-aided carpool matching system which is conven-
iently available at least to all employees or employers within the Regions
who employ 100 or more employees. The system shall, as soon as practi-
cable, be made available to employees of smaller employers. No later
than June 1, 1974S the Commonwealth of Pennsylvania shall submit to the
Administrator, a program, legally adopted (through regulation or statute)
by and legally binding on the Commonwealths providing for such a system.
The program shall include:
(1) A method of collecting Information that will include the following as
a minimum:
(i) Provisions for each affected employee- to receive an application
form with a cover letter describing the matching program.
(11) Provisions on each application for applicant identification of
his TOD information, and the applicant's desire to drive only,
ride only, or share driving.
(2) A computer method of matching information that will have provisions
for locating each applicant's origin and destination within a grid
system in each of the Regions and matching applicants with identical
origin and destination grids and compatible work schedules.
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(3) A method for providing continuing service so that the master list of
all applicants is retained and available for use by new applicants,
. applications are currently available, and the master list is periodi-
cally updated to remove applicants who have moved from the area
served.
(4) An agency or agencies responsible for operating, overseeing and main-
taining the carpool computer matching system.
(d) No later than January 1, 1975, a pilot program shall be initiated in each
Region identified in paragraph (b) of this section in preparation for the
full implementation required under paragraph (c) of this section.
(12.0) 52.2044 Pennsylvania-New Jersey busways
(a) Any governmental entity, including the Delaware River Port Authority9 hav-
ing ownership or control over all or any portion of the following streats
and highways, including the Benjamin Franklin Toll Bridge, shall take all
action necessary to establish by August 1, 1974, the lanes indicated below
during the times indicated below, as lanes exclusively for use by buses:
(1) One continuous lane which extends from the New Jersey entrance onto
the Benjamin Franklin Toll Bridge along said bridge to Vine Street,
along Vine Street to Sixth Street, along Sixth Street to Market Streets
and along Market Street to Philadelphia City Hall, shall be so re-
served to serve buses bound into the City of Philadelphia from 6:30
a.m. to 9:30 a.m., Monday through Saturday.
(2) One continuous lane which extends along Market Street from Sixth Street
to Juniper Street, the exclusive lane terminating briefly to allow
blending of all traffic around Philadelphia City Hall, the exclusive
lane beginning again on Broad Street at the intersection of John F.
Kennedy Boulevard and Broad Street and extending along Broad Street
to Vine Street, along Vine Street to the Benjamin Franklin Tell Bridge,,
along said bridge to the exit from the bridge Into New Jersey shull be
so reserved to serve buses bound out of the City of Philadelphia from
3:30 p.m. to 6:30 p.m., Monday through Saturday.
(b) Each affected governmental entity, including the Delaware River Port Au-
thority, shall coordinate the lanes required by paragraph (a) of this sec-
tion with any exclusive bus lanes established or to be established by the
State of New Jersey and any appropriate local government therein, on the
New Jersey approaches to the Benjamin Franklin Toll Bridge.
(c) Each governmental entity, including the Delaware River Port Authority, re-
quired by paragraph (a) of this section to establish exclusive bus lanes,
shall submit to the Administrator no later than March 1, 1974, a compli-
ance schedule which shall show in detail the steps which it will take to
establish the bus lanes provided for by this section, and to enforce the
limitations on their use. In the compliance schedule submitted pursuant
to this paragraph, a governmental entity, Including the Delaware River Port
Authority, may designate limited segments of lanes which may be entered
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briefly by vehicles, otherwise excluded from such lanes, for reasons of
safety or sound traffic planning, Such exceptions shall be subject to the
approval of the Administrator. Special circumstances justifying the need
for such an exception (such as the desire to allow an exclusive lane to be
entered briefly fay automobiles for purposes of making a turn) must be set
forth in detail.
(d) Exclusive bus lanes must be prominently indicated by distinctive painted
lines, pylons» signs, or physical barriers. All lanes must be established
and needed signs must be Installed by August 1, 1974.
(e) A signed statement by the chief executive of each governmental entity sub-
ject to this section (including the chief executive of the Delaware River
Port Authority) or their designee shall be submitted to the Administrator
no later than March 1, 1974, to Identify the sources and amounts of funds
for all projects required by this section.
(f) No later than May 1, 1974, each governmental entityD subject to this sec-
t1on0 including th© Delaware River Port Authority, shall submit to the Ad-
ministrator legally adopted regulations sufficient to Implement and en-
force all of th@ requirements of this section.
(12.0) 52.2045 Roosevelt Boulevard busway between Grant Avenue and Hunting Park
(a) This section is applicable 1n the City of Philadelphia which is a segment
of the Pennsylvania portion of the Metropolitan Philadelphia Intrastate
AQCR.
(b) Each governmental entity having ownership or control over Roosevelt Boule-
vard between Grant Avenue and the Hunting Park exit shall by December 1,,
1974, take all actions necessary to reserve the outside (right) lane of the
inside set of three lanes, on both the northbound and southbound sides of
such boulevard, for the exclusive use of buses at all times.
(c) Each governmental entity required to take action under paragraph (b) of
this section shall submit to the Administrator no later than March 1, 1974,
a compliance schidule which shall show in detail the steps which it will
take to establish the bus lanes provided for by this section and to enforce
the limitations on thsir use. In the compliance schedule submitted pur-
suant to this paragraphs a governmental entity may designate limited seg-
ments of lants which may be entered briefly by vehicles, otherwise ex-
cluded from such lanes, for reasons of safety or sound traffic planning.
Such exceptions shall be subject to the approval of the Administrator.
Special circumstances justifying the need for such an exception (such as
the desire to allow an exclusive lane to be entered briefly by automobiles
for purposes of making a turn) must be set forth in detail.
(d) Exclusive bus lanes must be prominently indicated by distinctive painted
lines, pylons, signs, or physical barriers. All lanes must be established
and needed signs must be installed by December 1, 1974.
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(e) A signed statement by the chief executive of each governmental entity re-
quired to take action under paragraph (b) of this section or their desig-
nees shall be submitted to the Administrator no later than March 1, 1974,
to identify the sources and amounts of funds for all projects required by
this section.
(f) No later than June 1, 1974, each governmental entity subject to this sec-
tion shall submit to the Administrator legally adopted regulations suffi-
cient to implement and enforce all of the requirements of this section.
(12.0) 52.2046 Central business districts bus and trolley ways and parking
restrictions
(a') "Philadelphia CBD" 1s defined as the area within the City of Philadelphia
bounded by but not including Vine Street, South Street, the Schuylklll
River, and the Delaware River.
(b) Within the Philadelphia CBD, each governmental entity having ownership or
control over the following streets and highways shall reserve the following
lanes thereon, at the time indicated, exclusively for use by buses:
(1) The right lane of Chestnut Street from 22nd Street through 6th Street
shall be so reserved from 9 a.m. to 6 p.m. Monday through Saturday.
(2) The right lane of Walnut Street from 8th Street through 23rd Street
shall be so reserved from 8 a.m. to 6 p.m., Monday through Saturday.
(3) The right lane of eastbound Market Street from Juniper Street through
6th Street shall be so reserved from 8 a.m. to 6 p.m., Monday through
Saturday.
(4) The right lane of 8th Street, 9th Street, 16th Street, and 17th Street
between Vine and South Streets shall be so reserved from 8 a.m. to
6 p.m., Monday through Saturday.
(c) Each governmental entity required to establish exclusive bus lanes by para-
graph (b) of this section, shall ensure:
(1) That in the center lane of all streets on which exclusive bus lanes
are established pursuant to paragraph (b) of this section the flow of
traffic is not obstructed by stopped or parked vehicles, or otherwise
at any time, and that in the left lane of such streets the flow of
traffic is not obstructed by stopped or parked vehicles, or otherwise,
from 11 a.m. to 6 p.m., Monday through Saturday.
(2) That the left lane of all streets along which exclusive bus lanes are
established pursuant to paragraph (d) of this section 1s available
for taxi, carpool, and truck loading and unloading from 6 p.m. until
11 a.m. the following morning. Short-term parking (no more than 2
hours) may also be permitted during these hours.
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(d) Within the Philadelphia CBD, each governmental entity having ownership or
control over the center lanes of llth Street and 12th Street between Vine
and South Streets shall reserve such lanes for the exclusive use of trol-
leys at all timas.
(e) Each governmental entity required to establish exclusive trolley lanes by
paragraph (d) of this section shall ensure:
(1) That in the left lane of streets on which exclusive trolley lanes are
established pursuant to paragraph (d) of this section the flow of
traffic is not obstructed by stopped or parked vehicles, or otherwise
at any tima» and that in the right lane of such streets the flow of
traffic is not obstructed by stopped or parked vehicles or otherwise
from 11 a.m. to 6 p.m.
(2) That the right lane of streets along which exclusive trolley lanes
are established pursuant to paragraph (d) of this section is available
for taxi0 carpool, and truck loading and unloading from 6 p.m. until
11 a.m. the following morning. Short-term parking (no more than two
hours) may also be permitted during these hours.
(f) The City of Philadelphia shall prohibit the obstruction of the flow of
traffic by stopped or parked vehicles on Filbert Street between Broad
Street and 6th Street from 8 a.m. to 6 p.m., Monday through Saturday and
shall also prohibit the loading and unloading of any vehicle on said street
except during periods of low traffic density as are designated by the City
of Philadelphia and approved by the Administrator.
(g) Each governmtntal entity required to take action under any paragraph of
this section shall submit to the Administrator no later than March 1a 1974S
a compliance schedule which shall show in detail the steps which that enti-
ty will take to establish th© bus and trolley lanes provided for by this
sections and to ©nforce the limitations on their useD and which shall also
show the steps the entity will take to establish and enforce all parking
and loading/unloading restrictions provided for by this section. Th
-------
of the1lanes must be established and needed signs must be installed by
August 1, 1974; 100 percent established by January 1, 1975.
(i) Each governmental entity subject to this section shall provide that any
vehicle stopped or parked in violation of any restriction imposed by this
section shall be towed away and the owner shall be fined not less than
$50 per. violation.
(j) A signed statement by the chief executive of each governmental entity sub-
ject to this section or their designees shall be submitted to the Admin-
istrator not later than March 1, 1974, to identify the sources and amounts
of funds for all projects required by this section.
(k) No later than May 1, 1974, each governmental entity subject to this sec-
tion shall submit to the Administrator legally adopted regulations suffi-
cient to implement and enforce all of the requirements of this section.
(12.0) 52.2047 Exclusive busways in Philadelphia outside the CBD
(a) This section is applicable in the City of Philadelphia which is a segment
of the Pennsylvania portion of the Metropolitan Philadelphia Intrastate
AQCR.
(b) Each governmental entity having ownership or control over the following
streets and highways, or any portion thereof, shall take all action nec-
essary to establish the lanes indicated below during the times indicated
below, as lanes exclusively for use by buses or trolleys (as indicated).
Lanes must be established in accordance with the schedule set forth in
paragraph (d) of this section.
(1) One lane in each direction on Girard Avenue between Norn's Street
23rd Street shall be so reserved for trolleys from 6:30 a.m. to 9:30
p.m., Monday through Saturday.
(2) . One lane in each direction on Erie Avenue between Kensington Avenue
and 23rd Street shall be so reserved for trolleys from 6:30 a.m. to
9:30 a.m. and from 3:30 p.m. to 6:30 p.m., Monday through Saturday.
(3) One lane in each direction on Allegheny Avenue between Richmond Ave-
nue and 35th Street shall be so reserved for trolleys from 6:30 a.m.
to 9:30 a.m. and from 3:30 p.m. to 6:30 p.m., Monday through Saturday.
(4) One lane on Woodland Avenue to serve trolleys traveling from 45th
Street to 38th Street shall be so reserved from 6:30 a.m. to 9:30
.a.m., Monday through Saturday, and one lane on Woodland Avenue to
serve trolleys traveling from 38th Street to 45th Street shall be so
reserved from 3:30 p.m. to 6:30 p.m., Monday through Saturday.
(5) One lane in each direction on Oregon Avenue between Vare Avenue and
20th Street (for westbound transit) and 19th Street (for eastbound
transit) shall be so reserved for buses from 6:30 a.m. to 9:30 a.m.
and from 3:30 p.m. to 6:30 p.m., Monday through Saturday.
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(6) One lane 1n each direction on Spring Garden Street between Front
Street and the Art Museum Circle shall be so reserved for buses from
6:30 a.m. to 9:30 a.m. and from 3:30 p.m. to 6:30 p.m., Monday through
Saturday.
(7) One lane in each direction on Columbia Avenue between 33rd Street and
7th Street (eastbound transit) and 6th Street (for westbound transit)
shall be so reserved for buses from 6:30 a.m. to 9:30 a.m. and from
3:30 p.m. to 6:30 p.m., Monday through Saturday.
(8) One lane in each direction on Lehigh Avenue between Kensington Avenue
and 34th Street shall be so reserved for buses from 6:30 a.m. to 9:30
a.m. and from 3:30 p.m. to 6:30 p.m., Monday through Saturday.
(9) One lane on Ogontz Avenue to serve trolleys traveling from Cheltenham
Avenue to Champ!ost Avenue shall be so reserved from 6:30 a.m. to 9:30
a.m.0 and one lane on Ogontz Avenue to serve trolleys traveling from
Champlost Avenue to Cheltenham Avenue shall be so reserved from 3:30
p.m. to 6:30 p.m., Monday through Saturday.
(c) Each governmental entity required to take action under paragraph (b) of
this section shall submit to the Administrator no later than April 1D 1974,
compliance schedules which shall show in detail the steps which each such
governmental entity will take to establish the trolley and bus lanes pro-
vided for by this section, and to enforce the limitations or their use. In
the compliance schedule submitted pursuant to this paragraph, a government-
al entity may designate limited segments of lanes which may be entered
briefly by vehicles, otherwise excluded from such lanes, for reasons of
safety or sound traffic planning. Such exceptions shall be subject to the
approval of the Administrator. Special circumstances justifying the need
for such an exception (such as the desire to allow an exclusive lane to be
entered briefly by automobiles for purposes of making a turn) must be set
forth in detail.
(d) Exclusive trolley and bus lanes must be prominently indicated by distinct-
ive painted 11n©ss pylons, signs, or physical barriers. Fifty percent of
the lanes must be established and needed signs must be installed by August
!„ 1974; 100 percent must be established by January 1, 1975.
(e) A signed stetament by the chief executive of each governmental entity re-
quired to take aetion under paragraph (b) of this section, or his designee,
shall by submitted to the Administrator no later than April 1, 1974, to
identify the sources and amounts of funds for all projects required by this
section.
(f) No later than June 1, 1974, each governmental entity subject to this sec-
tion shall submit to the Administrator legally adopted regulations suffi-
cient to 'implement and enforce all of the requirements of this section.
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(12.0) 52.2048 Exclusive bus lanes for Philadelphia suburbs and outlying areas
(a) Definitions:
(1), "Carpool" means a vehicle containing three or more persons.
(2) "Bus/carpool lane" means a lane on a street or highway, which lane is
open only to buses (or buses and carpools), whether constructed, espe-
cially for that purpose or converted from existing lanes.
(3) "Philadelphia CBD" means the area within the City of Philadelphia,
Pennsylvania, bounded by but not including Vine Street, South Street-,
the Schuylkill River, and the Delaware River.
(b) The Commonwealth of Pennsylvania and such county and local jurisdictions
as the Commonwealth may request to participate (the Commonwealth must re-
quest the participation of a county or local jurisdiction by December ISj,
1974, if the participation of that jurisdiction is necessary to the estab-
lishment of the lanes required by this section), shall establish, accord-
ing to the schedule in paragraph (f) of this section, bus/carpool lanes
along .corridors connecting at least the following suburban or outlying
areas (or alternative areas if indicated in the study required by paragraph
(c) of this section and approved by the Administrator) to the Philadelphia
CBD:
(1) King of Prussia, Pennsylvania,
(2) Chester, Pennsylvania,
(3) Paoli, Pennsylvania,
(4) Media, Pennsylvania,
(5) West Chester, Pennsylvania, and
(6) Tacony section, Philadelphia, Pennsylvania and adjacent areas.
For each route either approved or designated by the Administrator pursuant
to paragraph (d) of this section, at least one bus/carpool lane shaVi be
established to serve traffic traveling toward the Philadelphia CBD from
6:30 a.m. to 9:30 a.m. (or for a longer time), and at least one bus/carpool
lane shall be established to serve traffic traveling toward the suburban
or outlying areas from 3:30 p.m. to 6:30 p.m. (or for a longer time),
Monday through Saturday.
(c) On or before November 1, 1974, the Commonwealth of Pennsylvania shall sub-
mit to the Administrator a study which shall contain for each of the cor-
ridors described in paragraph (b) of this section a detailed analysis
showing every specific route location considered by the Commonwealth for
that corridor. The study shall designate one of the specific routes ex-
amined for each corridor as the most practicable route for that corridor.
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The study shall fully present the advantages and disadvantages of estab-
lishing the bus/carpool lanes provided for in paragraph (b) of this section
along the most practicable route. For any corridor identified in this sec-
tion along which the Commonwealth concludes that bus/carpool lanes are not
feasible, the Commonwealth shall designate a replacement corridor connect-
ing' the Philadelphia CBD and another significant source of CBD-bound traf-
fic along'which bus/carpool lanes are feasible. An analysis of the sub-
stituted corridor shall be included, similar to the analysis of the ori-
ginal corridor, to show the most practicable route for said bus/carpool
lanes.
(d) On or before December 1, 1974, the Administrator shall submit to the Com-
monwealth of Pennsylvania his response to the study required by paragraph
(c) of this section, and shall, in that response, either approve the routes
selected by the Commonwealth as the most practicable and feasible for bus/
carpool lanes, or shall designate alternative routes on which bus/carpool
lanes must be established.
(e) On or before February 1, 1975, the Commonwealth of Pennsylvania and such
county and local jurisdictions as the Commonwealth has requested to partici-
pate (and as are, therefore, required by paragraph (b) of this section to
establish lanes), shall submit to the Administrator compliance schedules
which shall show in detail the steps which each governmental entity will
take to establish the bus/carpool lanes required by this section, and to
enforce the limitations on their use. In the compliance schedule sub-
mitted pursuant to this paragraph a governmental entity may designate lim-
ited segments of lanes which may be entered briefly by vehicles, otherwise
excluded from such lanes, for reasons of'safety or sound traffic planning.
Such exceptions shall be subject to the approval of the Administrator.
Special circumstances justifying the need for such an exception (such as
the desire to allow,an exclusive lane to be entered briefly by automobiles
for purposes of making a turn) must be set forth in detail.
(f) Bus/carpool lanes must be prominently indicated by distinctive painted
lines, pylons9 signs or physical barriers. Twenty-five percent of the lane
mileage for each of the governmental entities must be established and the
needed signs installed by July 1, 1975; 50 percent established by October
1, 1975; and 100 percent established by January 1, 1976.
(g) A signed statement by the chief executive of each governmental entity es-
tablishing lanes, or his designee, shall be submitted to the Administrator
no later than February 1, 19758 to identify the sources and amount of
funds for all projects required by this section.
(h) No later than April 1, 1975, each governmental entity required by this sec-
tion to establish lanes shall submit to the Administrator legally adopted
regulations sufficient to implement and enforce all of the requirements of
this section.
(12.0) 52.2049 Specific express busways in Allegheny County
(a) This section is applicable in the Allegheny County portion of the Southwest
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Pennsylvania Intrastate AQCR.
(b) Each governmental entity having ownership or control over the following
streets,,and highways, or any portion thereof, shall take all action neces-
sary to establish the lanes Indicated below, during the times indicated
below, as lanes exclusively for use by buses. Lanes must be established
in accordance with the schedule set forth 1n paragraph (d) of this section.
(1) One lane in each direction of Fifth Avenue in the City of Pittsburgh
between Grant Street and Liberty Avenue shall be so reserved fro;n
6 a.m. to 7 p.m., Monday through Saturday.
(2) One lane of Fifth Avenue in the City of Pittsburgh to serve buses
traveling from Jumonville Street to Neville Street shall be so re-
served 24 hours per day, Monday through Saturday.
(3) One lane of Liberty Avenue in the City of Pittsburgh to serve buses
traveling from Grant Street to 32nd Street shall be so reserved from
4:30 p.m. to 6:30 p.m., Monday through Saturday.
(4) One lane of Stanwix Street in the City of Pittsburgh to serve buses
traveling from Liberty Avenue to the Boulevard of the Allies shall be
so reserved from 4:30 p.m. to 6:30 p.m., Monday through Saturday.
(5) One lane of Centre Avenue in the City of Pittsburgh to serve buses
traveling from Penn Circle to Craig Street shall be so reserved from
6 a.m. to 9 a.m., Monday through Saturday.
(6) One lane of Centre Avenue in the City of Pittsburgh to serve buses
traveling from Craig Street to Penn Circle shall be so reserved from
4:30 p.m. to 6:30 p.m., Monday through Saturday.
(7) One lane of the Penn Lincoln Parkway to serve buses traveling from
the Greentree entrance to the Saw Mill Run exit shall be so reserved
from 6 a.m. to 9 a.m., Monday through Saturday.
(8) One lane of the Penn Lincoln Parkway to serve buses traveling from
the Saw Mill Run entrance to the Greentree exit shall be so reserved
from 4:30 p.m. to 6:30 p.m., Monday through Saturday.
(9) One lane of the Penn Lincoln Parkway to serve buses traveling from
the Squirrel Hill entrance to the Boulevard of the Allies exit shall
be so reserved from 6 a.m. to 9 a.m., Monday through Saturday.
(10) One lane of the Penn Lincoln Parkway to serve buses traveling from
the Boulevard of the Allies entrance to the Squirrel Hill exit shall
be so reserved from 4:30 p.m. to 6:30 p.m., Monday through Saturday.
(11) One lane of the Fort Pitt Bridge to serve buses traveling from Point
Park shall be so reserved from 4:30 p.m. to 6:30 p.m., Monday through
Saturday.
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(c) Each governmental entity required to take actiort under paragraph (b) of
this section shall submit to the Administrator no later than April 1,
1974, compliance schedules which shall show In detail the steps which each
such governmental entity will take to establish the bus lanes provided for
by this section, and to enforce the limitations on their use. In the com-
pliance schedule submitted pursuant to this paragraph a governmental enti-
ty may designate limited segments of lanes which may be entered briefly by
vehicles, otherwise excluded from such lanes, for reasons of safety or
sound traffic planning. Such exceptions shall'be subject to the approval
of the Administrator. Special circumstances justifying the need for such
an exception (such as the desire to allow an exclusive lane to be entered
briefly by automobiles for purposes of making a, turn) must be set forth in
detail.
(d) Exclusive bus lanes must be prominently indicated by distinctive painted
lines, pylons, signs, or physical barriers. Fifty percent of the lanes
must be established and needed signs must be installed by August 1, 1974;
100 percent must be established by January 1, 1975.
(e) A signed statement by the chief executive of each governmental entity re-
quired to take action under paragraph (b) of this section, or his designee,
shall be submitted to the Administrator no later than April 1, 1974, to
identify the sources and amounts of funds for all projects required by
this section.
(f) No later than June 1, 1974, each governmental entity subject to this sec-
tion shall submit to the Administrator legally adopted regulations suffi-
cient to implement and enforce all of the requirements of this section.
(12oO) 52.2050 Exclusive bus lanes for Pittsburgh suburbs and outlying areas
(a) Definitions:
(1) "Carpool" msans a vehicle containing three or more persons.
(2) "Bus/carpool lane" means a lane on a street or highway, which lane is
open only to buses (or buses and carpools), whether constructed espe-
cially for that purpose or converted from existing lanes.
(3) "Pittsburgh CBD" means the area enclosed by the Allegheny River, the
Monongahela River, and 1-876. 1-876 Is not included.
(b) The Commonwealth of Pennsylvania and such county and local jurisdictions as
tha Commonwealth may request to participate (the Commonwealth must request
th© participation of a county or local jurisdiction by December 15, 1974,
if.the participatien of that jurisdiction 1s necessary to the establish-
mQmt ©f.the lane§ paquired by this section) shall ©stablish, according to
tha schedule in paragraph (f) of this section, bus/carpool lanes along cor-
ridors connecting at least the following suburban or outlying areas (or
alternative areas if indicated in the study required by paragraph (c) of
this section and approved by the Administrator) to the Pittsburgh CBD:
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(1) Belleville, Pennsylvania,
(2) . Bethel Park, Pennsylvania, >
(3) Clairton, Pennsylvania,
(4) The Greater Pittsburgh International Airport,
(5) McKeesport, Pennsylvania,
(6) McKees Rocks, Pennsylvania,
(7) Monroeville, Pennsylvania
(8) North Braddock, Pennsylvania, and
(9) Penn Hills, Pennsylvania
For each route either approved or designated by the Administrator pur-
suant to paragraph (d) of this section, at least one bus/carpool lane
shall be established to serve traffic traveling toward the Pittsburgh CBD
from 6:30 to 9:30 a.m. (or for a longer time), and at least one bus/car-
pool lane shall be established to serve traffic traveling toward the
suburban or outlying areas from 3:30 to 6:30 p.m. (or for a longer time),
Monday through Saturday.
(c) On or before November 1, 1974, the Commonwealth of Pennsylvania shall sub-
mit to the Administrator a study which shall contain for each of the cor-
ridors described in paragraph (b) of this section a detailed analysis
showing every specific route location considered by the Commonwealth for
the corridor. The study shall designate one of the specific routes ex-
amined for each corridor as the most practicable route for that corridor.
The study shall fully present the advantages and disadvantages of estab-
lishing the bus/carpool lanes provided for in paragraph (b) of this section
along the most practicable route. For any corridor Identified in this
section along which the Commonwealth concludes that bus/carpool lanes are
not feasible, the Commonwealth shall designate a replacement corridor,
connecting the Pittsburgh CBD and another significant source of CBD-bound
traffic along which bus/carpool lanes are feasible. An analysis of the
substituted corridor shall be included similar to the analysis of the ori-
ginal corridor, to show the most practical route for said bus/carpool
lanes.
(d) On or before December 1, 1974, the Administrator shall submit to the Com-
monwealth of Pennsylvania his response to the study required by paragraph
(c) of this section, and shall in that response, either approve the routes
selected by the Commonwealth as most practicable and feasible for bus/car-
pool lanes, or shall designate alternative routes on which bus/carpool
lanes must be established.
(e) On or before February 1, 1975, the Commonwealth of Pennsylvania and such
county and local jurisdictions as the Commonwealth has requested to
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participate (and are, therefore, required by paragraph (b) of this section
to establish lanes) shall submit to the Administrator compliance schedules
which shall show 1n detail the steps which each governmental entity will
take, to,.establish the bus/carpool lanes required by this section, and to
enforce the limitations on their use. In the compliance schedule submitted
pursuant to this paragraph a governmental entity may designate limited seg-
ments of lanes which may be entered briefly by vehicles, otherwise excluded
from such lanes, for reasons of safety or sound traffic planning. Such ex-
ceptions shall be subject to the approval of the Administrator. Special
circumstances justifying the need for such an exception (such as the desire
to allow an exclusive lane to be entered briefly by automobiles for pur-
poses of making a turn) must be set forth in detail.
(f) Bus/carpool lanes must be prominently indicated by distinctive painted
lines, pylons, signs, or physical barriers. Twenty-five percent of the
lane mileage for each of the governmental entitles must be established and
the needed signs installed by July 1, 1975; 50 percent established by
October 1„ 1975; and 100 percent established by January 1, 1976.
(g) A signed statement by the chief executive of each governmental entity estab-
lishing lanes, or his designee, shall be submitted to the Administrator no
later than February 1, 1975, to identify the sources and amounts of funds
for all projects required by this section.
(h) No later than April 1, 1975, each governmental entity required by this sec-
tion to establish lanes shall submit to the Administrator legally adopted
regulations sufficient to Implement and enforce all of the requirements of
this section.
(12.0) 52.2051 Regulation for limitation of public parking
(a) "On-stre
-------
the Administrator legally adopted regulations establishing such a prohib-
ition program. For any governmental entity not subject to any requirement
to establish exclusive lanes until so requested by the Commonwealth of
Pennsylvania pursuant to 52.2048 (b) and 52.2050 (b), legally adopted reg-
ulations need not be submitted to the Administrator until 2 months after
the Commonwealth of Pennsylvania requests the participation of such govern-
mental entity in an exclusive lane program. At a minimum, such regulations
must provide that vehicles parked 1n violation of the prohibition shall be
towed away and the owner shall be fined not less than $50 per violation.
(d) Any governmental entity required under paragraph (c) of this section to
establish on-street parking limitations may apply to the Administrator for
permission to allow pickup and delivery of goods in certain identified
zones along streets or highways containing exclusive trolley, bus, or bus/
carpool lanes. Such applications must be submitted to the Administrator no
later than June 1, 1974, or 1 month before the exclusive lane 1s establish-
ed, whichever 1s later, and must Identify precisely the physical location
of the zones, the times for which permission to load and deliver in the
zone is sought, and the manner (signs, pylons, etc.) 1n which the 2ones
will be identified to motorist. Such application must also demonstrate
that no safe and feasible alternatives exist for loading and delivery for
the affected merchants (or others) from streets not containing exclusive
trolley, bus, or bus/carpool lanes.
(e) After July 1, 1974, any governmental entity required under paragraph (c) of
this section to establish on-street parking limitations, shall also pro-
hibit stopping any vehicle along any street or highway containing an ex-
clusive trolley, bus, or bus/carpool lane for the purpose of effecting any
pickup or delivery of goods, except in loading and delivery zones approved
by the Administrator pursuant to paragraph (d) of this section. Such pro-
hibition shall apply during the same hours as the prohibition against on-
street parking and shall state that any vehicle parked in violation of the
prohibition shall be towed away and the owner shall be subject to a fine of
not less than $50 per violation.
(f) This section shall have no application to the Streets and highways con-
taining exclusive bus or trolley lanes as provided for in 52.2046.
(g) No later than February 1, 1974, governmental entities subject to this sec-
tion shall submit to the Administrator detailed compliance schedules show-
ing the steps they will take to establish and enforce the on-street parking
limitation program, Including statutory proposals and needed regulations
that they will propose for adoption. For any governmental entity not sub-
ject to any requirement to establish exclusive bus/carpool lanes until so
requested by the Commonwealth of Pennsylvania pursuant to 52.2048 (b)
and 52.2050 (b), a compliance schedule need not be submitted to the Admin-
istrator until 1 month after the Commonwealth of Pennsylvania requests the
participation of such governmental entity in an exclusive lane program.
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(12.0) 52.2052 Employer's provision for mass transit priority Incentives
(a) Definitions:
(1) "Philadelphia CBD" means the area within the City of Philadelphia,
Pennsylvania, bounded by, but not including. Vine Street, South Street,
the Schuylkill River, and the Delaware River.
(2) "Employee parking space" means any parking space reserved or provided
by an employer for the use of his employees.
(b) This section is applicable in the Southwest Pennsylvania Intrastate AQCR,
and in the Philadelphia CBD of the Pennsylvania portion of the Metropolitan
Philadelphia Intrastate AQCR (the Regions).
(c) Each employer 1n the Regions who maintains more than 700 employee parking
spaces shall, on or before February 1, 1974, submit to the Administrator
an adequate transit Incentive program designed to encourage the use of mass
transit and discourage the use of single-passenger automobiles by his em-
ployees. This program may contain provisions for transit, reductions 1n
the number of employee parking spaces surcharges on the use of such spaces
by employees,, provision of special charter buses or other modes of mass
transit for the use of employees, preferential parking, and other benefits
to employees who travel to work by carpool, and/or any other measures ac-
ceptable to the Administrator. By April 1, 1974, the Administrator shall
approve such program for each employer if he finds it to be adequate, and
shall disapprove it if he finds 1t not be adequate. Notice of such ap-
proval or disapproval will be published in Subpart NN of this part.
(d) In order to be approvable by the Administrator, such program shall (con-
tain procedures whereby the employer will supply the Administrator with
semi-annual certified reports which shall show, at a minimum the following
information:
(1) The number of employees at each of the employer's facilities within
the Regions on October 25, 1973, and as of the date of the report.
(2) The number of free and non-free employee parking spaces provided by
the employer at each such employment facility on October 15, 1973, and
as of the date of the report.
(3) The number of employees regularly commuting to and from work by pri-
vate automobile9 carpool, and mass transit at each such employment
facility on October 15, 1973, and as of the date of the report.
(4) Such other information as the Administrator may prescribe.
(e) If, after the Administrator has approved a transit incentive program, the
employer fails to submit any reports in full compliance with paragraph (d)
of this section, or if the,Administrator finds that any such report has
been Intentionally falsified, or if the Administrator determines that the
program is not in operation or Is not providing adequate incentives for
employee use of carpools and mass transit, the Administrator may revoke
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the approval of such plan. Such revocation shall constitute a disapproval.
(f) By April 1, 1974, the Administrator shall prescribe a transit Incentive
program for each employer to whom paragraph (c) of this section 1s appli-
cable 1f such employer has not submitted a program. By June 1, 1974, the
Administrator shall prescribe a transit incentive program for each em-
ployer to whom paragraph (c) of this section is applicable if the program
submitted is not adequate. Within 2 months after any revocation pursuant
to paragraph (e) of this section, the Administrator shall prescribe a
transit incentive program for the affected employer. Any program pre-
scribed by the Administrator shall be published in Subpart NN of this part.
(g) Each employer in the Regions who maintains more than 70 employees parking
spaces shall, on or before February 1, 1975, submit to the Administrator
an adequate transit incentive program conforming to the requirements of
paragraphs (c) and (d) of this section, except that 1n paragraph (d), the
reference date for reports shall be October 15, 1974, rather than October
15, 1973. Each such program shall be subject to approval or disapproval
by the Administrator by April 1, 1975. Each such program, when approved,
shall be subject to revocation as provided 1n paragraph (e) of this sec-
tion.
(h) By April 1, 1975, the Administrator shall prescribe a transit incentive
program for each employer to which paragraph (g) of this section is appli-
cable if such employer has not submitted a program. By June 1, 1975, the
Administrator shall prescribe a transit incentive program for each em-
ployer to which paragraph (g) of this section is applicable if the program
submitted is not adequate. Within 2 months after any revocation of any
program of any employer pursuant to paragraph (e) of this section, the Ad-
ministrator shall prescribe a transit incentive program for the affected
employer. Any program prescribed by the Administrator shall be published
in Subpart NN of Part 52, Title 40, Code of Federal Regulations.
(12.0) 52.2053 Monitoring transportation mode trends
(a) This section is applicable to the Southwest Pennsylvania Intrastate AQCR
and the Pennsylvania portion of the Metropolitan Philadelphia Intrastate
AQCR.
(b) In order to assure the effectiveness of the inspection and maintenance
program and the retrofit devices required under 52.2038 and 52.2039, the
Commonwealth of Pennsylvania shall monitor the actual per vehicle emission
reductions occurring as a result of such sections. All data obtained from
such monitoring shall be included in the quarterly report submitted to the
Administrator by the Commonwealth in accordance with 51.7 of this chapter.
The first quarterly report for reporting emission reduction data shall
cover the period from January 1 to March 31, 1976.
(c) In order to assure the effective implementation of 52.2050, 52.2041, and
52.2043 through 52.2051 the Commonwealth shall monitor vehicle miles
traveled and average vehicle speed for each area in which such sections are
in effect for such time periods as may be appropriate to evaluate the
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effectiveness of such sections. The first quarterly report for reporting
vehicle miles (traveled and vehicle speed data shall cover the period from
July 1» through September 30, 1974. All data obtained from such monitoring
shall be included in the quarterly report submitted to the Administrator by
the State in accordance with 51.7 of this chapter in the basic format shown
in Table 1.
Time period -•
Affected area
VMT OR AVERAGE VEHICLE SPEED
Roadway type Vehicle type (1) Vehicle type
(2)1
Freeway --
Arterial -
Collector
Local
1 Continue with other vehicle types as appropriate.
(d) No later than March 1, 1974, the Commonwealth shall submit to the Adminis-
trator a compliance schedule to implement this section. The program de-
scription shall Include the following:
(1) The Agency or agencies responsible for conducting, overseeing, and
maintaining the monitoring program.
(2) A description of the methods to be used to collect the emission data,
VMT data, and vehicle speed data; a description of any modeling
techniques to be employed; a description of the geographical area to
which the data apply, identification of the location at which the data
will be collected; and the time periods during which data will be
collected.
/ i
(3) The administrative procedures to be used.
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(10.0) 52.2055 Review of New or Modified Indirect Sources
(b) Regulation for Review of New or Modified Indirect Sources
(1) All terms used 1n 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 nay attract
mobile source activity that results in emissions of £
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.
(111) The term "associated parking area" means a perkUng facil-
ity or facilities owned and/or operated in conjunction
with an Indirect source.
(1v) 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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(v1) 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.
(1x) 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 1n 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 voluma 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: 50S000 or more operations per y^a;? by
regularly scheduled air carriers, or use by 136009000
or more passengers per year.
(b) Modified airport: Increase of 50,000 or morsg o'para-
'tions per year by regularly scheduled air carriers
oyer the existing volume qf operations, or Increase
of 1,600,000 or more passengers per year.
(1v) 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 incremsnts
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 suc.i environ-
mental impact statement, the Administrator may request the follow-
ing information:
(i) For all indirect sources subject to this paragraphs, 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 on@~hour and
eight-hour periods, and vehicle capacities of the
principal roads, highways, and intersections iden-
tified pursuant to subdivision (1) (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.
(11) 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 commercials, 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) Thi information required under subdivisions (i) (a)
through (i) of this subparagraph.
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(111) For highway projects:
(a) A description of the average and maximum traffic
volumes for one, eight, and 24-hour time periods
expected within 10 years of date of expected comple-
tion.
(b) An estimate of vehicle speeds for average and maxi-
mum traffic volume conditions and the vehicle capac-
ity of the highway project.
(c) A map showing the location of the highway projeet9
including the location of buildings along the right-
of-way.
(d) A description of the general features of the
way project and associated right-of-way.,
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) (111) 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 1f 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.
(11) The Administrator shall make the determination pursuant
to paragraph (b) (4) (1) (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 1n 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.
(11) 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 1n paragraphs (b) (4) and (6) (i) and (11) of
this section shall be met.
(6) (1) 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.
(11) 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-
captor 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)
(11) of this section.
(111) For new highway projects subject to this paragraph with
an anticipated average daily traffic volume of 50,000 or3
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) (1) 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 tiraa
periods consistent with the national ambient air quality standards
for the pollutants specified for analysis pursuant to tMs para-
graph .
(8) (1) 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 tho
purpose of paragraph (b) (8) (11) of this section shall
be the date on which all required Information is received
by the Administrator.
(11) 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 1n 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 summ^y of
other materials, 1f 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 b,e situated, as follows: State
and local air pollution control agencies, the chief exec-
.utive of the city and county; any comprehensive regional
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land use planning agency; and for highways, any local
board or committee charged w.1th responsibility for activ-
ities 1n the conduct of the urban transportation planning
process (3-C process) pursuant to 23 U.S.C. 134.
(1v) 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 clo.-.e
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
1n 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 approvals 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 tima periods
specified in paragraphs (b) (8) (ii), (1v), 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) (1) 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) (1), (b) (5) (1). or (b) (6) (1)
and (111) 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 sourcn, 1f constructed or modified 1n accordance
with such conditions, could meet the tests set forth
pursuant to paragraphs (b) (4) (1), (b) (5) (i), or (b)
(6) (1) and (111) of this section. Such conditions may
include, but not be limited to:
(a) Binding commitments to roadway improvements or ad-
ditional mass transit facilities to serve the in-
direct source secured by the owner or operator from
governmental agencies having jurisdiction thereof;
(b) Binding commitments by the owner or operator to
specific programs for mass transit incentives for
employees and patrons of the source; and
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(c) Binding commitments by the owner or operator to con-
struct, modify, or operate the Indirect source in
such a manner as may be necessary to achieve the
traffic flow characteristics published by the Envi-
ronmental Protection Agency pursuant to paragraph
(b) (4) (11) of this section.
(11) The Administrator may specify that any items of informa-
tion provided 1n an application for approval related tc
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 falls to construct and operate an
Indirect source 1n 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 1n 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)s
(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.
(11) 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.
(Ill) A copy of the notice required pursuant to paragraph (b)
(8) (il) (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 1s In effect, in-
direct sources which are subject to review under the terms ef 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 A1r 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 1s to be conditioned on air quality consid-
erations.
(16) Notwithstanding any of the foregoing provisions to the contrary,
the operation of this paragraph 1s 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) 52.2058 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 Iand8 delud-
ing public domain lands.
(4) The phrase "Indian Reservation" means any federally-recognised
reservation established by Treaty, Agreement, Executive OrderB
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 peri, Whera
this paragraph 1s 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) (1) For purposes of this paragraph, areas designated as Class
I or II shall be limited to the following Increases in
pollutant concentration occurring since January 1, 1975:
. Area Designations
Pollutant Class I Class II
(ug/m3) (ug/m3)
Particulate matter:
Annual geometric mean 5 10
24-hr maximum 10 30
Sulfur dioxide:
Annual arithmetic mean .. 2 15
24-hr maximum 5 100
3-hr maximum 25 700
(11) For purposes of this paragraph, areas designated as Class
III shan be limited to concentrations'of •pa'r£teu1at§
matter and sulfur dioxide no greater than the national
ambient air quality standards.
(111) 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, 19750 shall not
be counted against the air quality Increments specified
in paragraph (c) (2) (1) of this section.
(3) (1) All areas are designated Class II as of the effective
date of this paragraph. Redes1gnation may be proposed by
the respective States, Federal Land Manager, or Indian
Governing Bodies, as provided below, subject to approval
by the Administrator.
(11) The State may submit to the Administrator a proposal to
redeslgnate 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-
Ignatlon 1s 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 redesignatlon is based on the record of
the State's hearing, which must reflect the basis
for the proposed redes1gnation, including consider-
ation of (1) growth anticipated in the areas (2)
the social, environmental, and economic effects of
such redesignatlon upon the area being proposed for
redesignatlon and upon other areas and States, and
(3) any impacts of such proposed redesignatlon upon
regional or national Interests.
(e) The redesignatlon 1s proposed after consultation
with the elected leadership of local and other sub-
state general purpose governments in the area cov-
ered by the proposed redesignatlon.
(111) 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 redesignatlon is consistent with adjacent State
and privately owned land, and
(b) Such redesignatlon is proposed after consultation
with the Federal Land Manager.
•(1v) Notwithstanding subdivision (111) 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) (11) 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 redeslgnation 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.
(v1) The Administrator shall approve, within 90 days, any re-
designation proposed pursuant to this subparagraph as
follows:
(a) Any redeslgnation proposed pursuant to subdivisions
(11) and (111) of this subparagraph shall be approv-
ed unless the Administrator determines (1) that the
requirements of subdivisions (11) and (ill) of this
subparagraph have not been complied with, (2) that
the State has arbitrarily and capriciously disre-
garded relevant considerations set forth 1n sub-
paragraph (3) (11) (d) of this paragraph, or (3)
that the State has not requested and received dele-
gation of responsibility for carrying out the new
source review requirements of paragraphs (d) and (e)
of this section.
(b) Any redesignation proposed pursuant to subdivision
(iv) of this subparagraph shall be approved unless
he determines (1) that the requirements of subdivi-
sion (1v) of this subparagraph have not been complied
with, or (2) that the Federal Land Manager has arb1=
trarily and capriciously disregarded relevant con-
siderations set forth in subparagraph (3) (11) (d) of
this paragraph.
(c) Any redeslgnation 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 with6
or (2) that the Indian Governing Body has arbitrar-
ily and capriciously disregarded relevant consider-
ations set forth in subparagraph (3) (11) (d) of this
paragraph.
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(d) Any redesignatfon 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 redeslgnatlon 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 1f he determines
that 1n his Judgment the redeslgnatlon appropriately
balances considerations of growth anticipated 1n the
area proposed to be redeslgnated; the socia'i, envi-
ronmental and economic effects of such redeslgnatlon
upon the area being redeslgnated and upon other areas
and States; and any Impacts upon regional or nation-
al Interests.
(f) The requirements of paragraph (c) (3) (v1) (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 redeslgnatlon,
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 1n 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) 1f 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 1s modified, but does not Increase the amount of
sulfur oxides or partlculate matter emitted, or 1s modified'to
utilize an alternative fuel, or higher sulfur content fuel, shall
not be subject to this paragraph.
(1) Fossil-Fuel Steam Electric Plants of more than 1000 mil-
lion B.T.U. per hour heat Input.
(11) Coal Cleaning Plants.
(111) Kraft Pulp Mills.
(1v) Portland Cement Plants.
(v) Primary Z1nc Smelters.
(v1) Iron and Steel Mills.
(v11) Primary Aluminum Ore Reduction Plants.
(v111) Primary Copper Smelters.
(1x) Municipal Incinerators capable of charging more than 250
tons of refuse per 24 hour day.
(x) Sulfurlc Add Plants.
(x1) Petroleum Refineries.
(xii) Lime Plants.
(xi11) Phosphate Rock Processing Plants.
(xiv) By-Product Coke Oven Batteries.
(xv) Sulfur Recovery Plants.
(xv1) Carbon Black Plants (furnace process).
(xvii) Primary Lead Smelters.
(xv111) Fuel Conversion Plants.
(x1x) 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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(1) The effect on air quality concentration of the source or
modified source, 1n 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 1n any other areas. The analysis of
emissions growth and reduction after January 1, 1975, of
other sources 1n 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.
(11) 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 partlculate 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.
(111) 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) (1) Where a new or modified source 1s located on Federal
Lands, such source shall be subject to the procedures
set forth 1n paragraphs (d) and (e) of this section.
Such procedures shall be 1n 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.
(11) 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.
; (111) 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
redeslgnation 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 redeslgnation.
(e) Procedures for public participation
(1) (1) 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 1n the Information submitted 1n 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) (11) 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 1n each region in
which the proposed source would be constructed, of
the opportunity for written public comment on the in-
formation submitted by £he owner or operator and the
Administrator's preliminary determination on the ap-
pro vabiHty of the source,
(111) 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 1n 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 1n
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 1n paragraph (e) (1) (11), (1v), 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 1n 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 1f construc-
tion or expansion Is not commenced within 18 months after receipt
of such approval or If construction 1s discontinued for a period
of 18 months or more. The Administrator may extend such time pe-
riod upon a satisfactory showing that an extension 1s 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:
(1) 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.
(11) A copy of the notice pursuant to paragraph (e) (1) (11)
(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 tills 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, 1n 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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