U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 295
Air Pollution Regulations in State
Implementation Plans: Virginia
Abcor Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
i
Aug 78
-------
290295
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-45Q/3-78-096
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
Virginia
REPRODUCED BY
NATIONAL TECHNICAL
INFORMATION SERVICE
U.S. DEPARTMENT OF COMMERCE
SPRINGFIELD, VA. 22161
-------
TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing) -
1. REPORT NO.
EPA-450/3-78-096
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation i
Plans: Virginia-
7. AUTHOR(S)
3. RECIPIENT'S ACCESSION>NO.
5. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
12. SPONSORING AGENCY NAMF AND ADDRESS
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
13. TYPE OF REPORT AND PERIOD COVERED
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1, 1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
17.
KEY WORDS AND DOCUMENT ANALYSIS
'DESCRIPTORS
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
b.IDENTIFIERS/OPEN ENDED TERMS
19. SECURITY CLASS (This Report)
Unclassified
20. SECURITY CLASS (Thispage)
Unclassi fied
c. COSATI ricld/Group
21.
22. PR ICE
EPA Form 2220-1 (9-73)
-------
EPA-450/3-78-096
Air Pollution Regulations
in State Implementation Plans
Virginia
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
I 'ft
-------
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-450/3-78-096
11
-------
INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only.promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal"
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), partial-.
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
i
Mi
-------
to the SIP and the date of the Federal Register in which the reyision
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 ars 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
Submittal Date
5/4/72
6/30/72
7/26/72
2/12/74
-2/12/74
8/14/75
OF
EPA-APPROVED REGULATION CHANGES.
VIRGINIA
Approval Date
5/31/72
7/27/72
5/14/73
11/26/74
11/13/74
11/9/77
Description
Section II (2.01,
2.04, 2.06); Rules
4, 5, 7, & 10
Section I, II, IV
For State; Section
I, II & IV For
Nat. Cap.
Section 4.705.05
For Nat. Cap.
Section 3.703 For
Nat. Cap.
Deletion To Preface
For State & Nat.
Cap.
Section 205(a) Re-
_Places_2101(f)_.
Section No.
52.2427
52.2435
52.2438
52.2439
FEDERAL REGULATIONS
Description
Regulation For Source Surveillance
Compliance Schedules
Gasoline Transfer Vapor Control
Control of Evaporative Losses From the
Filling of Vehicular Tanks.
-------
Section No. Description
52.2440 Control of Dry Cleaning Solvent
Evaporation
52.2441 , Inspection and Maintenance Program
52.2442 Bicycle Lanes and Bicycle Storage
Facilities
52.2443 Management of Parking Supply
(Suspended Indefinitely)
52.2444 Medium Duty Air/Fuel Control Retrofit
52.2445 . Heavy Duty Air/Fuel Control Retrofit
52.2446 Oxidizing Catalyst Retrofit
52.2447- Vacuum Spark Advance Disconnect Retrofit
52.2448 Regulation For Review of New or
Modified Indirect Sources
52.2451 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) - Particulates
(includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION .
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (includes Related Topic)
51.13 OPEN BURNING (includes Forest Management, Forest Fire, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS, (includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
VIII
-------
TABLE OF CONTENTS
1
Revised Standard
Subject Index
— '
(1.0)
--
(2.0)
(2.0)
(2.0) '
(3.0)
(6.0)
(2.0)
4
(3.0)
(13.0)
(9.0) ,
(7.0)
1
(2.0)
(2.0) .
-, ~
(4.0) '
(2.0)
STATE
Section
Number
Section I
1.700
Section II
2.700
2.701
2.702
2.703 .
2.704
2^705
2.706
2.707
2.708
2.709
2.710
2.711
Section III
3. 700
3.701
REGULATIONS
Ti tl e Page
1
Definitions
—
Procedures
Regulations
Local Ordinances
Registration
Date of Compliance
Action ori Control Programs
Permit to Construct and/or
Modify and Operate
Moni tori ng , Records , Report i ng
Sampling and Testing Methods
Reporting of Control Equipment
Maintenance or Malfunction
Circumvention
Severability
—
Air Quality Standards
General Provisions
1
10
10
10
12
14
14
14
151
18
18
18
19
19
29
20
20
IX
-------
Revised Standard
Subject Index
(4.1)
(4.2)
(4.5) •
(4.6)
(4.4)
(4.3)
(4.1)
—
(51.13)
(51.13)
(2.0)
(2.0)
(50.1.2)
(50.1)
(2.0)'
(2.0)(
(51.5)
Section
Number
3.702
3.703
3.704
3.705
3.706
3.707 ;
3.708
Section IV
4.701.00
4.701.01
4.701.02
4.701.03
4.702.00
4.702.01
4.702.02
4.702.03
4.703.00
Title
Page
(51.5)
4.703.01
Particulate Matter 20
Sulfur Oxides (Sulfur Dioxide):.20
Carbon Monoxide 21
Photochemical Oxidants 21
Hydrocarbons . 21
Nitrogen Dioxide 22
Dustfall 22
23
Open Burning 23
Prohibition of Open Burning 23
Exceptions 23
Exclusions 24
Smoke and Other Visible 25
Emissions - Stationary
Sources
Particulates of Smoke or Other 25
Visible Emissions
Exceptions 25
Traffic Hazard 25
Particulate Emission From 26
Existing Fuel Burning
Equipment
Emission Standards for 26
Furnaces
-------
Revised Standard
Subject Index
(9.0)
(2.0)
(2.0)
(50.1)
i
(50.1)
(50.1.3)
(50.0)
(50.0)
(50.2)
(51.16)
(51.16)
(51.10) (51.7)
(50.6)
(2.0)
(50.6)
i i
(2.0)
(2.0)
Section
Number
4.703.02
4.703.03
4.703.04
4.704.00
4.704.01
4.704.02
4.705.00
4.705.01
4.705.02
4.705.03
4.705.04
4.705.05
4.706.00
4.706.01
4.706.02
4. 706 ..03
4.706.04
Title
Emission Testing
Exemptions
Bacharach Standard
Parti cul ate Matter
Restriction of Emission
of Particulate Matter
Control of Fugitive Parti-
culate Matter
Gaseous Contaminants
Prohibition of Gaseous
Contaminant Emissions
Sulfur Containing Gases
and Compounds
Control of Hydrocarbon
Emissions From Stationary
Sources
Control of Carbon Monoxide
Emissions
Control of Nitrogen Oxides
Emissions
Odor
Scope
Prohibition of Objectionable
Odor
Determination of Violation
Exception
Page
26
27
27
28
28
28
32
32
32
32
40
I
40
45
45
45
i
45
45
XI
-------
Revised Standard
Subject Index .
(51.9)
(51.9)
(2.0)
(51.9)
(51.9)
(9.0).
(12.0)
(12.0)
(12.0)
(2.0)' '
(8.0)
(2.0)
(8.0)
(2.0)
(2.0)1 '
Section Title Page
Number
4.707.00 Incinerators 46
4.707.01 Prohibition of Smoke, 46
Particulates and Odor
Emissions From Incinerators
4.707.02 Determination of Violation 46
4.707.03 Emissions Standards for 46
Existing Incinerators
4.707.04 Flue-Fed Incinerators 46
4.707.05 Emission Testing 46
4.710.00 Mobile Source Emissions 48
4:710.01 Prohibition of Acts Affect- 48
ing Emissions From Motor
Vehicles
4.710.02 Visible Emission for Mobile 48
Source
4.710.03 Determination of Violations 49
Section VI -- 50
6.700 Air Pollution Emergency 50
Episode
6.701 General Requirements 50
6.703 Standby Emission Reduction 54
Plans
6.704 Control Requirements 55
6.705 Participation of Local Air 56
Pollution Control Offices
XII
-------
VIRGINIA STATE REGULATIONS EXCEPT NATIONAL CAPITAL
Revised Standard
Section
Title
Subject Index
.
(1.0)
—
(2.0)
(2-0)
(2.0) '
(3.0)
(6.0)
(2.0)
(3.0)
(13.0)
(9.0)
(7.0)
, (2.0)
(2.0)
__ /
(4.0)
(2.0)'
(4.1)
Number
Section I
1.00
Section II
2.00
2.01
2.02
2.03
2.04
2.05
2.06
2.07
2.08
2.09
2.10
2.11
Section III
3.00
3.01
3.02
Definitions
Procedures
Regulations
Local Ordinances
Registration
Date of Compliance
Action on Control Programs
Permit to Construct and/or
Modify and Operate
Page
67
67
76
76
76
78 '
79
79
80
81
Monitoring, Records Reporting 83
Sampling and Testing Methods 84
Reporting of Control Equip- 84
ment Maintenance or
Malfunction
Circumvention
Severability
Air Quality
General Provisions
Particulate Matter
85
85
86
86
86
86
xni
-------
Revised Standard
Subject Index
(4.2)
(4.5)
(4.6)
(4.4) ,
(4.3),
(4.1)
--
(51.13)
(51.13)
(2.0)
(2.0)
(50.1.2)
(50.1.2)
(2.0)'
(2.0)
(51.5)
Section
Number
3.03
3.04
3.05
3.06
3.07
3.08
Section IV
4.01.00
4.01.01
4.01.02
4.01.03
4.02.00
4.02.01
4.02.02
4.02.03
4.03.00
Title .
Sulfur Oxides (Sulfur
Dioxide)
Carbon Monoxide
Photochemical Oxidants
Hydrocarbons
Nitrogen Dioxide
Dustfall
Open Burning
.Prohibition of Open Burning
Exceptions
Exclusion :
Smoke or Other Visible
Emissions - Stationary
Sources
Page
87
87
87
89
89
89
89
92
93
(51.5)
(9.0)
4.03.01
4.03.02
Prohibition of Smoke or Other 93
Visible Emissions
Exceptions 93
Traffic Hazard 93
Particulate Emission From 94
Existing Fuel Burning
Equipment
Emission Standards for 94
Furnaces
Emission Testing 94
XIV
-------
Revised Standard
Subject' Index
(2.0) .
(50.1.1)
(50.1.1)
(50.1)
(50.0)
(50.0)
.(50.20
(50.4)
(50.5)
(50.3)
(50.6)
(2.0)
(50.6J
(2.0) '
(2.0)
(51.9)
(51.9)
Section
Number
4.03.03
4.04.00
4.04.01
4.04.02
4.05.00
4.05.01
4.05.02
4.05.03
4.05.04
4.05.05
4.06.00
4.06.01
4.06.02
4.06.03
4.06.04
4.07.00
4.07.01
Title
Exemptions
Particulate Matter
Restriction of Emission
of Particulate Matter From
Manufacturing Operation
Control of Fugitive Dust
Gaseous Contaminants
Prohibition of Gaseous
Contaminant Emissions
Sulfur Containing Gases and
Compounds
Control of Hydrocarbon
Emissions From Stationary
Sources
Control of Carbon Monoxide
Emissions
Control of Nitrogen Oxides
Emissions
Odor
Scope
Prohibition of Objectionable
Odor
Determination of Violation
Exception
Incinerators
Prohibition of Smoke, Parti -
Page
95 .
97
97
105
106
106
106
109
115
116
117
117
117
117
117
118
118
culates and Odor Emissions
From Incinerators
xv
-------
Revised Standard
Subject Index
(2.0),
(51.9) -
(51.9)
(9.0) , *
(51.2)
(2.0) ' '
(51.2)
(51.2)
(51.2)
(51.2)
(51.2)' ' '
(2.0)
(51.2)
(51.2)'
(51.2) j
(51.2)
(12.0) >
(12.0)
Section
Number
4.07.02
4.07.03
4.07.04
4.07.05
4.08.00
4.08.01
4.08.02
4.08.03
4.08.04
. 4.08.05
4.08.06
4.08.07
4.09.00
4.09.01
4.09.02
4.09.03
4.10,00
4.10.01
Title Page
Determination of Violation 118
Emission Standards for 118
Existing Incinerators
Flue-Fed Incinerators 118
Emission Testing 118
Coal Refuse Disposal Areas 119
Purpose 119
Operation of New Coal Refuse 119
Areas Prohibited Without
Prior Approval
Operation of Existing Coal 119
Refuse Disposal Areas
Prohibited Without Approval
Guideline for Approval of 119
Coal Refuse Disposal Areas
Deliberate Ignition of a Coal 122
Refuse Disposal Area is
Prohibited
Burning Coal Refuse Disposal 122
Areas
Exceptions 122
Coke Ovens and Charcoal Kilns 123
Beehive Coke Ovens
123
Other By-Product Coke Ovens 123
Charcoal Kilns
Mobile Source Emissions
123
124
Prohibition of Acts Affecting 124
Emissions From Motor Vehicles
XVI
-------
Revised Standard Section
Subject Index Number
(12.0)(5Q.1.2) , 4.10.02
(2.0)
(8.0)
(2.0)
(8.0)
(2.0)
(2.0)
4.10.03
Section VI
6.00
6.01
6.03
6.04
6.05
Title- Page
Visible Emission for Mobile 124
Source
Determination of .Violations 125
126
Air Pollution Emergency 126
Episode
General Requirements 126
Standby Emission Reduction 130
Plans
Control Requirements 131
Participation of Local.Air 132
Pollution Control Offices
XVII
-------
FEDERALLY PROMULGATED REGULATIONS
Revised Standard
Subject Index
(9:0)'
(6.0)
(12.0)
(T2.0)
(50.4)
(12.0)
(12.0)
(12.0) .
i
(12.0)
(12.0)
(12.0)
(12.0)
(10.0)
(17.0)
Section
Number
52.2427
52.2435
52.2438
52.2439
52.2440
52.2441
52.2442
52.2443
52.2444
52.2445
52.2446
52.2447
-52.2448
52.2451
Title
Source Surveillance
Compliance Schedules
Gasoline Transfer Vapor
Control
Control of Evaporative
Losses From the Filling
of Vehicular Tanks
Control of Dry Cleaning .
Solvent Evaporation
Inspection and Maintenance
Program
Bicycle Lanes and Bicycle
Storage Facilities
Management of Parking
Supply
Medium Duty Air/Fuel Control
Retrofit
Heavy Duty Air/Fuel Control
Retrofit
Oxidizing Catalyst Retrofit
Vacuum Spark Advance
Disconnect Retrofit
Review of New or Modified
Indirect Sources
Prevention of Significant
Page
142
145
147
150
153
155
157
159
162
164
166
168
171
181
Deterioration
XVIII
-------
AQCR VII
SECTION I
(1.0) 1.700 DEFINITIONS
1.701 Certain Terms Defined.
For the purpose of subsequent rules and regulations adopted or orders
issued by the State Air Pollution Control'Board under the provisions of
Chapter 1.2, Title 10, Code of Virginia of 1950, as amended, the following
additional words or terms shall have the meanings i-ndicated:
AIR POLLUTION. The presence in the outdoor atmosphere of one or more
substances which are or may be harmful or injurious to human health,
welfare or safety, to animal or plant life, or to property, or which
unreasonably interfere with the enjoyment by the people, of life or
property. .
AIR POLLUTION EMERGENCY EPISODE. Meteorological conditions, generally
temperature inversion, that reduces the effective volume of air in
which the contaminants are diluted and as a result air pollution may
reach levels that would cause imminent and substantial endangerment to
the health of persons.
AIR POLLUTION CONTROL OFFICER. The agent or official of the local
government designated by the governing body to enforce the local air
pollution control ordinance within the local jurisdiction, or designa-
ted representatives of the State Board. Sometimes referred to as
"Control Officer."
AIR QUALITY. The specific measurement in the ambient air of a partic-
ular air contaminant at any given time.
AIR.TABLE. A source consisting of a device using a gaseous separating
medium for the primary purpose of improving the product quality.
AMBIENJ AIR. The surrounding or outside air.
AMBIENT AIR QUALITY STANDARD -. PRIMARY, . Air quality which, allowing
an adequate margin of safety, is requisite to protect the public
health'.1 . .
AMBIENT AIR QUALITY STANDARD - SECONDARY. Air quality which is requi-
site to protect the public welfare from any known or anticipated
adv'erse effects associated with the presence of air contaminants in
the ambient air. .
-------
AREA SOURCEl Any small residential, governmental., institutional,
commercial, or industrial fuel combustion operations; onsite waste
disposal facility; motor vehicle, air craft, vessels, or other trans-
portation facilities, or other miscellaneous sources,
BACHARACH SCALE. A graduated scale of shades of gray going from 0
through 10, with 0 being white and 10 being dense black, developed by
the Bacharach Industrial Instrument Company and used to evaluate par-
ti cul ate matter in flue gas samples-
BEEHIVE COKE OVEN.' A source consisting of an arched, beehive*shaped,
oven in which heat is supplied by partial combustion.of the coal with-
in the oven chambers and in which destructive distillation of coal
occurs with no recovery of by-products.
BOARD. The State Air Pollution Control Board, sometimes hereinafter
referred to as "Board" or "State Board."
BY-PRODUCT COKE PLANT. A source consisting of a plant, oven or device
used in connection with the distillation process to produce coke.
Such plant consists of, but is not limited to, coal and coke handling
equipment, by-product chemical plant and other equipment associated
with and attendant to the coking chambers or ovens making up a single
battery operated and controlled as a single unit.
CHEMICAL FERTILIZER. A compound or mixture whose chief ingredients
are nitrogen, phosphorous, or potassium; or any combination of these
ingredients, and having agronomic value.
COAL PREPARATION. A source consisting of, but not limited to, coal
crushing, screening, washing, drying and air separation operations
used for the purpose of preparing the product for marketing.
COAL REFUSE. Any waste coal, rock, shale, culm, boney, slate, clay
and related .materials, associated with or near a coal seam, which are
either brought above ground or otherwise removed from the mine in the
process of .mining coal, or which are separated from coal during the
cleaning or preparation operations, provided, however, that coal ref-
use shall not mean overburden from strip mining operations or rock
from mine shafts and mine tunnels.
COAL REFUSE DISPOSAL AREA. Any source or potential source consisting
of any area or plot of land used as a place for dumping, storage, or
disposal of coal refuse. A coal refuse pile must be contained in a
single coal refuse disposal area; however, a coal refuse disposal
area may contain two or more coal refuse piles if the area is so des-
ignated.
-2-
-------
COAL REFUSE PILE. Any source consisting of any deposit of coal refuse
on or buried in the earth and intended as permanent disposal of or
long-term storage of such material. Continuous deposits of coal ref-
use and deposits not separated by an approved method shall be consid-1
ered as a single coal refuse pile.
COMBUSTION INSTALLATION. A source consisting of any furnace, oven,
kiln, incinerator, fuel burning equipment, or any other stationary
equipment in which solid, liquid, or gaseous materials are burned.
COMMENCING NEW SOURCE. Any substantial financial commitment relating
to the design criteria concerning preparation of a new site, or the
beginning of a modification. (See definition of Existing Source, Mod-
ification, and New Source.)
CONSTRUCTION.. Fabrication, erection, or installation of a source.
CONTAMINANT. Smoke, dust, soot, grime, carbon, or'any other particu-
late matter, radioactive matter, noxious gas, acids, fumes, gases,
odor, vapor, or any combination thereof.
CONTROL PROGRAM.. Control program submitted to the Board, voluntarily
or upon request of the Board, by the owner of an existing and/or pro-
posed new source, to establish pollution abatement goals and time
schedules to achieve such goals, so as to ensure compliance by the
owner with standards, policies and regulations adopted by the Board.
In accordance with Section 10-17.21 of the Air Pollution Control Law
of Virginia the control program will include such system and equipment,
information and projected operating performance as is required by the
Board for evaluation of the probability of achieving-goals of the con-
trol program.
DIRECTOR.' The Director or Executive Secretary of the State Air Pollu-
tion Control Beard.
DUST. Solid particles projected into the air by natural forces, such
as wind, volcanic eruption, or earthquake, and by mechnical or man-
made processes such as crushing, grinding, milling, drilling, demoli-
tion, shoveling, conveying, screening, bagging, and sweeping.
EFFLUENT WATER SEPARATOR. Any source consisting of any tank, box,
sump, or other container in which any volatile organic compound float-
ing on or entrained or contained in water entering such tank, box,
sump, or other container is physically separated and removed from such
water prior to outfall, drainage, or recovery of such water.
EXISTING SOURCE. Any source which is in being or is defined as a com-
mencing new source on the effective date of these regulations or on
which construction or modification has been commenced; except that any
such existing source or any emission point from such existing source
-3-
-------
(where such source involves multiple emission points) which is mod-
ified after the effective date of these regulations shall be
reclassified as a "new source." (See definition of Commencing New
Source or Modification, Modification, and New SourceT)
FLY ASH. Particulate matter capable of being gas-borne or air-borne
and consisting of fused ash and partially burned or unburned fuel or
other material, from a combustion installation*
FOUNDRY CUPOLA. A shaft type furnace used for melting of metals,
consisting of, but not limited to, furnace proper, tuyeres, fans, or
blowers, tapping spout, charging equipment, gas cleaning devices and
other auxiliaries.
FOUNDRY OPEN HEARTH. A furnace in which the melting and refining
of metal, is accomplished by the application of heat to a saucer type
or shallow hearth in a closed chamber, consisting of, but not limi-
ted to, the furnace proper, checkers, flues, and stacks and other
auxiliaries.
FUEL-BURNING EQUIPMENT. A source consisting of any furnace, and
all appurtenances thereto, used in the process of burning fuel for
the primary purpose of producing heat or power by indirect heat
transfer.
FUGITIVE DUST. Solid airborne particulate matter or dust emitted
from any source other than a flue or stack.
FUMES. Minute particulate matter generated by the condensation of
vapors from solid matter after volatilization from the molten state,
or generated by sublimation, distillation, calcination or chemical
reaction when these processes create airborne particles.
FURNACE, An enclosed space provided for combustion.
GASOLINE,. Any petroleum distillate having a Reid vapor pressure in.
the range of four (4) to fifteen (15) pounds at 100 degrees F.
GASES. Formless fluids which, under standard conditions, occupy the
space of'enclosure and which can be changed to the liquid or solid
state only by the combined effect of increased pressure and decreas-
ed temperature.
HAZARDOUS AIR CONTAMINANT. An air contaminant to which no ambient
air quality standard is applicable and which may cause, or contri-
bute to, an ^ncrease in mortality or an increase in serious irre-
versible, of incapacitating reversible, illness.
-4-
-------
HEATING VALUE. The heat released by combustion of one pound of
fuel or other material measured in British Thermal Units (BTU) on an
as received basis.
INCINERATOR. Any source consisting of a furnace and all appurten-
ances thereto designed for the destruction of refuse by burning,
"One Burning" is not considered incineration. For purposes of
these rules, the destruction of any combustible liquid or gaseous
material by burning in a flare or flare stack shall be considered
incineration.
MANUFACTURING OPERATION. Any source consisting of any process or
combination .of physically connected dissimilar processes which is
operated to effect physical and/or chemical changes in an article.
MATERIALS HANDLING EQUIPMENT. Any source consisting of any equip-
ment used as a part of a process or combination of processes which
does not effect a physical or chemical change in the material or
in an article, such as, but not limited to, conveyers, elevators,
feeders, or weighers.
MELT TIME. The time in which the metal is melting and available at
the spout or tap hole, excluding any time the equipment is idle,
preheating or preparing for shutdown.
MIST. A state of atmospheric obscurity produced by suspended liquid
droplets.
MOBILE'SOURCES. Any vehicle, including, but not limited to any
vehicle, truck, or other land craft, air craft* locomotive, bus or
ship, rail vehicle, or water craft, which emits or may emit any air
contaminant.
MODIFICATION. Any physical change in, or change in the method of
operation of, a stationary source which increases the amount of any
air contaminant (to which a standard applies) emitted by such source
or which results in the emission of any air contaminant (to which
a standard applies) not previously emitted, except that:
(1) Routine maintenance, repair and replacement shall not be con-
sidered physical changes, and
(2) The following shall not be considered a change in the method
of operation:
(i) A change in the production rate, if such change does
not increase the emission of contaminants (to which a
standard applies) or which results in the emission of
contaminants (to which a standard applies) not previ-
ously emitted;
-5-
-------
(ii') An increase in hours of operation;
(iii) Use of an alternative fuel or raw material if prior to the
, date of these regulations the source was designed to
accomodate such alternative use. (See definition of Com-
mencing New Source or Modification, Existing Source, and
New Source.) '.
MOTOR VEHICLE. Any powered conveyance normally licensed by the Vir-
ginia Division of Motor Vehicles. ,
NEW SOURCE. Any source the construction or modification of which is •
commenced on or after the effective date of these regulations; or for
the specific stationary sources covered by the "Federal Standards of
Performance for New Stationary Sources," the date promulgated will
apply; and any source relocated from an approved site. (See defini-
tion of Commencing New Source or Modification, Existing Source, and
Modification.)
ODOR. The sensation resulting from stimulation of the human sense of
smell.
OPACITY. The characteristic of a substance which renders it partially
or wholly impervious to rays of light. Opacity as used herein gener-
ally refers to the obscurity of an observer's view.
OPEN BURNING. The burning of any matter in such a manner that the
products of combustion resulting from the burning are emitted directly
into the ambient air without passing through a stack', duct, or chimeny.
OWNER: State, a county, sanitary district, municipality, political
subdivision, a public or private institution, corporation, association,
firm or company organized or existing under the laws of this or any
other state or county, lessee, or person otherwise in possession of
property, any person or individual, or group of persons or individuals,
acting individually or as a group.
PARTICIPATE MATTER. Any material, except water_in uncombined form,
that is airborne and exists as a liquid or a solTd in the atmosphere.
Particulate matter is sometimes hereinafter referred to as "particu-
late." :
PERSON. Any individual, corporation, cooperative, partnership, firm,
association, trust, estate, public'or private institution, group,
-agency, political subdivision of this State or any legal successor,
representative, agent or agency of the foregoing.
PHYSICALLY CONNECTED. Any combination of processes connected by
materials handling equipment and designed for simultaneous complement-
ary operation.
-6-
-------
POINT SOURCE. .
(1) Any stationary source causing emissions in excess of 100 tons per
year of .any contaminent for which there is a national standard in
a region containing an area whose 1970 "urban place" population^
as,defined by the U.S. Bureau of the Census, was equal to or
greater than 1 million,
(2) Any stationary source causing emissions in excess of 25 tons per
year of any contaminent for which there .is a national standard in
a region containing an area whose 1970 "urban place" population,
as defined by the U.S. Bureau of the Census, was less than 1 mil-
lion,
(3) Without regard to amount of emissions, stationary sources such as
those listed in Appendix A.
*• *
PROCESS OPERATIONS. Any source consisting of any method, form, action,
operation, or treatment of manufacturing or processing, and shall
include any storage or handling of materials or products before, dur-;
ing or after manufacturing or processing.
PROCESS UNIT., Any step in a manufacturing operation which results in
the emission of particulate matter to the atmosphere.
PROCESS WEIGHT.. Total weight of all materials introduced into any
source process unit which may cause any emissions of particulate mat-
ter. Process weight includes solid fuels charged, but does not
include liquid and gaseous fuels charged or combustion air for all
fuels. ' '
PROCESS WEIGHT RATE. A rate established as follows:
i i '
(a) For continuous or long-run steady-state source operations, the
total process weight for the entire period.of continuous opera-
^tion or for a typical portion thereof, divided by the number of
'hours of such period or portion thereof.
(b) For cyclical or batch unit operations, or unit processes, the
total weight for a period that covers a complete operation or an
integral number of cycles, divided by the hours of actual process
operation during such a period.
Where the nature of any process operation or the design of any equip-
ment is such as; to permit more than one interpretation of this defini-
tion, the interpretation which results in the minimum value for allow-
able emission shall apply.
-7-
-------
PRODUCTION RATE. The weight of final product obtained per hour of
operation. If the rate of product going to storage can vary, the pro-
duction rate shall be determined by calculation from the feed rates of
raw material.
REFUSE. Includes garbage, rubbish and trade wastes;
(1) Garbage. Animal and vegetable matter such as that originating in
houses, kitchens, restaurants, and hotels, produce markets, food
service or processing establishments, greenhouses, and. hospitals,
clinics or veterinary facilities.
(2) Rubbish. Solids not considered to be highly flammable or explos-
ive such as, but not limited to, rags, old clothes, leather, rub-
ber, carpets, wood excelsior, paper, ashes, tree branches, yard
trimmings, furniture, metal•food containers, glass, crockery,
masonry, and other similar materials.
(3) Trade Waste. All solid or liquid material resulting from con-
struction, building operations, or the prosecution of any busi-
ness, trade or industry such as, but not limited to, plastic
products, chemicals, cinders and other forms of solid or liquid
waste materials.
RINGELMANN CHART. A chart published as U.S. Bureau of Mines Informa-
tion Circular 8333, dated May, 1967.
SALVAGE OPERATIONS. Any source consisting of any business, trade or
industry engaged in whole or in part in salvaging or reclaiming any
product or material, such as, but not limited to, reprocessing of used
motor oils, metals, chemicals, shipping containers, or drums, and
specifically including automobile graveyards and junkyards as defined
in Sec. 33-279.3 of the Code of Virginia of 1950, as. amended.
SCREENING EQUIPMENT. Any equipment or device designed or used for the
purpose of effecting particle size separations of materials.
SMOKE. Small gasborne particulate matter consisting predominantly but
not exclusively of carbon, ash and other material in concentrations
sufficient to form a visible plume.
SOILING INDEX. A measure of the soiling properties'of suspended part-
icles in air determined by drawing a measured volume of air through a
known area of Whatman No. 4 filter paper for a measured period of time
(normally two hours) expressed on COH's/100 linear feet.
SOURCE. Any and all points of origin of emission of air contaminants,
whether privately or -publicly owned or operated or person contribut-
ing to emission of air contaminants. Without limiting the generality
of the foregoing, this term includes all types of business, commercial
-8-
-------
and industrial .plants, works, shops and stores, and heating and power
plants or stations, buildings and other structures of all types.
STACK OR CHIMNEY. Any flue, conduit, or duct arranged to conduct emis-
sions into the atmosphere.
i
STANDARD CONDITIONS. Dry gas temperature of 70 degrees Fahrenheit and
a 'gas pressure of 14.7 pounds per square inch absolute.
STANDARD OF PERFORMANCE. Degree of air contaminant emission limita-
tion achieveable through the application of. the best system of emis-
sion reduction which the Board determines has been adequately demon-
strated. ,
STATIONARY SOURCE. Sources other than mobile sources.
SUBMERGED FILL PIPE, Any fill pipe the discharge opening of which is
entirely submerged when the liquid level is 6 inches above the bottom
of the tank;-pr when applied to a tank which is loaded from the side,
shall mean that the fill pipe is adequately covered at all times dur-
ing normal working of the tank.
SUPERPHOSPHATE. The product resulting from a controlled reaction
between sulfuric acid and phosphate rock, and having agronomic value.
THERMAL DRIER. A device using fuel burning equipment for the primary
purpose of reducing the moisture content of materials.
VOLATILE ORGANIC COMPOUND. Any compound, containing carbon and.hydro-
gen or containing carbon and hydrogen in combination with any other
element, which has a•vapor pressure of 2.5 pounds per square inch
absolute or greater under actual storage conditions. (Kerosene and
fuel oil used for household heating have vapor pressures of less than
1.5 pounds per square inch absolute under actual storage conditions;
therefore kerosene and fuel oil are not considered as Volatile Organic
Compounds.)
Unless specifically defined in the Law or in the Regulations of the
Board, the technical terms used by the Board have the meanings common-
ly .ascribed to them by recognized authorities.
The defined terms included in this Section (1.00) are underlined in
the Regulations to emphasize that the term has a defined meaning.
-9-
-------
AQCR VII
SECTION II
(2.0') 2.700 Procedures'
' '. r-
'1 Vfc .'^
(2,0) 2.701 Regulations
(a) Establishment
(b)
Regulations for. the control and abatement of lir pollution are
adopted, amended, or repealed only after: *•'
(1) Thorough study of the need and technical- requirements by the
Staff of the Board and, when required, by the State Techni-
.cal Advisory Committee on Air Pollution.-.*
•••
(2) Public hearing. •' \
(3) Thorough study of comments made by the 'public.
(4) 'Adoption by the Board at a public meeting.
Effective 'Date
No regulation, rule, amendement, or repeal will become effective
until sixty days after adoption by the Board.. -.>
(c) Enforcement of Regulations . " "
(1) Whenever the Control Officer or his representative has
reason to believe that a violation of any of the Regulations
promulgated by the Board has occurred, notice shall be
1 served on the alleged violator or viola'tprs, citing the Reg-
ulation involved and the facts on which" the notice is based,
'and shall order that necessary corrective action be taken
i within a reasonable time. Such corrective action shall mean
the cessation of the violation, or an agreement to proceed
under an approved control program, or an application to the
fioard for a variance, or a combination of these actions a.s
directed by the Executive Secretary. The Executive Secre-
tary may act as the agent of the Board to"obtain legal rem-
edy, should any owner fail to comply with such an order, pur-
• • suant to Sec. 10-17.23 of the Code of Virginia.
(2) Nothing in this section shall prevent the Control Officer
, from making efforts to obtain voluntary compliance thrmmh.
conference, warning, or other appropriate means.
-10-
-------
(d) Special Orders .
The Board shall have the power to issue Special Orders pursuant
to Sec. 10-17.18:1 of the Code of Virginia, as amended.
i
(e) Hearings
(1) Hearings by the Board may take either of the following
forms:
(i) The public hearing.required before considering rules
and regulations or before considering variances in
accordance with Sec. 10-17.18(b) and (c) of the Code
of Virginia of 1950 as amended.
A public hearing may be held in connection with a
regular or special meeting of the Board. The pro-
cedure for a public hearing shall conform to Sec.
9-6.6 except as modified by Sec. 10-17.18(b) and (c)
of the Code of Virginia, as amended.
(ii) The formal hearing for the determination of viola-
tions and the enforcement or review of its orders,
rules and regulations in accordance with Sec. 10-
17.18(d) of the Code of Virginia of 1950 as amended.
A formal hearing shall be conducted as part of the
business of a regular or special meeting of the
Board. The procedure for a formal hearing shall con-
form to Sec. 9-6.10 through 9.6-12 except as modified
by Sec. 10-17.18(d) of the Code of Virginia as
amended.
1 (2) Record of the Hearings by the Board may take any of the fol-
lowing forms:
(i) Oral statements or testimony at any hearing may be
stenograph!cally or electronically recorded for tran-
.scription to written form.
(ii) Formal hearings will be recorded by a court reporter.
(3) Availability of Record of the Hearings by the Board
(i) A copy of the transcript of public hearing, if tran-
scribed, will be provided within a reasonable -time to
any person upon written request and payment of the
cost; if not transcribed, cost of preparation will be
borne by person making request.
-11-
-------
(i.i) Any person desiring a copy of the transcript of for-
mal hearings recorded by a court reporter may make
arrangements directly with the court reporter to pur-
chase such copies.
(f) Variances
. Pursuant to-Sec. 10-17.18(c) of the Code of Virginia of 1950, as
amended, the Board may in its discretion grant local variances to
any regulation adopted by the Board pursuant to Sec. 10-17.18(6)
if it finds after a thorough investigation and hearing that local
conditions warrant provided that:
(1) The emission occurring or proposed to occur does not endan-
' ger human health, welfare, and safety or
(2) Compliance with the regulations from which variance is
sought would produce serious hardship without equal or
greater benefits to the public or
(3) The emission occurring will not promote or encourage any
substantial degradation of ambient air quality. Notices of
public hearings on applications for variances shall be adver-
tised at least fifteen days prior to the date of the hear-
ing. Variances will be granted for a limited period of time
— normally such a period is not to be greater than a year.
The Board may renew variances beyond one year only after a
thorough investigation and a public hearing has determined
that the circumstances which created a variance situation
continue to exist.
(2.0) 2.702 Local Ordinances
(a) Ordinances
The governing body of any locality proposing to adopt an ordin-
ance, or an amendment to an existing ordinance, relating to a ir
pollution shall first obtain the approval of the Board as to the
provisions of any such ordinance or amendment. The provisions of
any such ordinance must be as strict as the State or regional
regulations, whichever is applicable. The Board in approving
local ordinances will consider such factors as, but not limited
to,:
(1) The local ordinance must provide for intergovernmental coop-
eration and exchange of information.
(2) Information must be provided giving local resources which
will be committed to the enforcement of the proposed local
-12-
-------
' ordinance and those resources committed must be reasonably
adequate to achieve the goals for which the ordinance is
designed.
Approval of any local ordinance may be withdrawn if the
Board determines that the local ordinance is not as strict
as State or regional regulations. Where an amendment to a
State or regional regulation causes a local ordinance to be
1'ess strict a reasonable (but not more than 6 months) time
will be allowed for the locality to amend its ordinance. A
local governing body may grant a variance to any of its air
pollution control ordinances providing a public hearing is
held before doing so. Notice of public hearings on applica-
tions for variances must be advertised at least fifteen (15)
. days prior to the date of the hearing.
(b) Reports
Local ordinances will make provision for reporting to the
Board such data as may be required in carrying out its
responsibilities under the Code of Virginia of 1950, as
• amended, and the Clean Air Act. Such reports will .include,
but are not limited to: monitoring data, surveillance pro-
grams, procedures for investigation of complaints, variance
hearings, and status of control programs.
I
(c) Relationship to State or Regional Regulations*
Local ordinances are a supplement to State or Regional Regu-
lations which have been adopted, or may in the future be
adopted or amended, by the Board in accordance with Section
10-17.18 and 10-17.30 of the Code of Virginia of 1950, as
amended. Any provisions of local ordinances which have
been approved by the Board and are more strict than the
.State or regional regulations shall take precedence over
such regulations within the respective political subdivi-
sions. It is the intention of the Board to coordinate acti-
vities among the enforcement officers of the various local -
' ities in the enforcement of State and regional regulations.
The Board will also provide technical and other assistance
to local authorities in the development of air quality or
, emission standards, in the investigation and study of air
* Air pollution control is a problem of balancing the equi-
ties involved for the total good of the community. An ill-
conceived program to control air pollutant emissions might
weVI be more damaging than the original problem. Any regu-
lation should be sufficiently flexible to allow each commun-
ity's needs to be served; therefore, it is intended that
primary enforcement of these Regional Regulations should be
at the local government level.
-13-
-------
pollution problems, and in the enforcement of local ordin-
ances and State and regional regulations.
The Board emphasizes its intention to assist in the local
enforcement of local ordinances. The,Board reserves the
right, however, to hear appeals from any party aggrieved by
any regulation, order or requirement issued with respect to
State or regional regulations, conduct investigations, and
issue any appropriate orders.
(3.0) 2.703 Registration
(a) By June 30, 1972 all persons owning and/or operating any existing
point source shall have registered such source operations with
the Board. The information required for registration shall be
determined by the Board, and shall be provided in the manner
specified by the Board.
(b) Persons owning and/or operating'registered sources to be modi-
fied shall comply with Section 2.706.
(6.0) 2.704. Date of Compliance •
Except as otherwise specified, compliance with the provisions of these
regulations shall be according to the following schedule.
(a) New Point Souces. All new point sources constructed after the •
effective date of these regulations shall comply as of going into
operation.
(b) Existing Point Sources. All existing point sources not in com-
pliance as of the effective date of these regulations, shall be
in compliance by June 30, 1972. If compliance is not possible by
June 30, 1972, the owner or person responsible for the operation
of the installation shall have submitted by this date to the
Board in a form and manner satisfactory to the Board a control
program and schedule to contain a date on or before which full
compliance will be.attained. In no event can this date be later
than June 30, 1975. If approved by the Board, such date will be
the date on which the person shall comply. The Board may require
persons submitting such a program to submit periodic reports on1
progress in achieving compliance. .Reports shall be submitted in
form and manner prescribed by the Executive Secretary or his rep-
resentative.
(2.0) 2.705 Action on Control Programs
: ' (a) The Boawd shall act, and notify the owner of its actions, as early
as practicable but within 90 days. Local jurisdictions are
-14-
-------
encouraged to provide the Board with their recommendation prior
to consideration by the Board.
(b) The owner shall be furnished copies of any objections by the
Board to the control program and may submit answers and comments,
in duplicate, to the Board on such objections.
(c) The Board will consider the owner's answers and comments to any
objections, and shall notify the owner in writing its reasons for
conditional approval, or denial, of the control program.
(d) If a control program is denied or conditionally approved, an
owner may, by filing a request within 30 days from the date he
receives notice of denial or conditional approval,- request a
rehearing which shall be conducted as a formal hearing pursuant
to Section 2.701 (e) of these regulations, from which judicial
review pursuant to Virginia Code Sec. 10-17.23:2 shall be avail-
able.
(3.0) 2.706 Permit to Construct and/or Modify and Operate
(a) General Requirements
Commencing on the effective date of these regulations, no owner
shall cause or permit the commencement of construction of a new
source or modification of any source without first obtaining
from the Board a permit approving the location and basic pollu-
tion control design criteria of the proposed new source or the
modification of an existing source and its operation.
(b) Applications
(.1) Application for authority to construct or modify and to
operate shall be made in the following manner. If the
applicant is a partnership, other.than a corporation, a gen-
t eral partner shall sign the application. If the applicant:
1 is a corporation, association, or cooperative, an officer
shall sign the application. If the applicant is a sole
. proprietorship, the proprietor shall sign the application.
t . •
x (2) A separate application is -required for each source subject
i to these regulations. The applicant may be required to
; , furnish additional information deemed necessary by the
1 Board.
| (3) Each application shall be signed under oath.
; t • • .
! (c) Information .Required
-15-
-------
(1) Each application for permit to construct or modify and to
operate a source shall include such information as may be
required by the Board to analyze the effect of the proposed
source on the ambient air quality standard of the area and
the emission standards which are applicable. The informa-
tion required would include not less than (but is not limi- ,
ted to) the following:
(i) siting-information
(it) general description of plant or modifications
. .. (iii) complete information regarding proposed air pollution
control facilities, and an inventory of type and
quantity of contaminants to be emitted.
(d) 'Standards for Granting Permit
No permit to construct or modify and to operate will be granted
unless the applicant shows to the satisfaction of the Board that;
(1) The source will be designed and will be. constructed or modi-
fied to operate without causing a violation of the applica-
ble regulations.
(2) The source will be designed, built and equipped in accor-
dance with established Federal Standards of Performance, or
if none are applicable, with standards of performance
established by the Board.
(3) The source, as designed or modified, does not endanger main-
tenance or attainment of any applicable ambient air quality
standard.
(4) The source, if required by the Board, shall be provided with:
1 (i) sampling ports of a size, number, and location as the
Board may specify,
~('-i) safe access ,to each port,
(iii) instrumentation to. monitor and record emis-sion levels,
1 (iv) any other sampling and testing .facilities the Board
may permit or require.
(5)1 If the air pollution control facilities do not achieve the
emission limitations stated in Sec. 2.706 (e) temporary
operation and corrections will be in accordance with Sec.
, 2.706 (f) (2).
-16-
-------
(e) Action on Permit Applications
The actions of the Board shall include!
(1) Confirmation with Section 2.705
(2') Stating in its written approval to the applicant the emis-
sion limitations acceptable to it during performance testing
in accordance with Section 2.706 (f).
(f) Performance Testing and Compliance
(1() Within 60 days after placing a new or modified source into
operation, the owner shall schedule tests of the emissions
in the manner acceptable to the Board. These tests may be
witnessed by a representative of the Boa/d.
(2) In case the performance does not meet the emission limita-
tion specified in Section 2.706 (e) (2) until the perform-
ance is corrected to meet the specified limits. Variation
from the specified emission limitation may be granted by the
Executive Secretary or his representative for a finite per-
iod for testing and adjustment.
(g) Exceptions -
A permit to construct and operate will not be required for:
(1) The installation or alteration of an air contaminant detect-
or, air contaminant recorder, combustion controller, or
combustion shutoff controls.
(2) Air conditioning or ventilating systems not designed to
1 remove air contaminant generated by or released from such ,
equipment.
(3) l^.ow capacity fuel burning equipment, such as: process smoke
house generators; devices that use gas as a fuel for space
heating with a BTU input of less than 350,000 BTU per hour;'
or heating devices using gas or oil fuel for space heating
with a BTU input of less than 1,000,000 BTU per hour, air
conditioning, or heating water; or heating devices used in
a private dwelling with a BTU input of less than 1,000,000.
BTU per hour.
(4) • Internal combustion engines under 3000 H.P.
• ' ' •
(5) Laboratory equipment used exclusively for chemical or phys-
ical analysis.
(6) Other sources of minor significance specified by the Board.
-17-
-------
(h) Suspension or Revocation of Permit
(1) The Board may, after a formal hearing pursuant to Sec. 2.701
(e) (ii) of the regulations, suspend or revoke a permit for
fail are to comply with the terms of the permit.
(2) Suspension or revocation of a permit to operate shall become
effective upon actual receipt of the suspension or revoca-
tion of the permit by the Board by the holder of the permit.
(13.0) 2.707 Monitoring, Records, Reporting
(a) The Board may require the owner or operator of any source to:
insta-ll, use, and maintain monitoring equipment and sample the
emission in accordance with methods approved by the Board; and ,
maintain records and make periodic emission reports as required
in Sec. 2.707 (b).
(b) Records and reports, as the Board shall prescribe, pertaining tq
air contaminants or fuel, shall be recorded, compiled, and sub-
mitted* on forms furnished by the Board.
(9.0) 2.708 Sampling and Testing Methods
(a) All tests shall be made and the results calculated in accordance
with test procedures approved by the Board. All tests shall be
made under the direction of persons qualified by training and/or
experience.
(b) The Board may test emissions of air contaminants from any source.
, 'Upon request of the Board the person responsible for the source
to be tested shall provide necessary holes in stacks or ducts and
such other safe and proper sampling and testing facilities,
exclusive of instruments and sensing devices, as may be necessary
for proper determination of the emission of air contaminants.
This requirement shall be .in addition to Section 2.707.
(7.0) 2.709 Reporting of Control Equipment Maintenance or Malfunction
(a) In case of shutdown and/or bypassing of air pollution control
1 equipment for necessary scheduled maintenance, the intent to
shutdown such equipment shall be reported to the Executive Secre-
tary or his representative and local air pollution control
agency, if any, at least twenty-four (24) hours prior to the
planned' shutdown. Such prior notice shall include, but is not
limited to, the following:
(1,) Identification of the specific facility to be taken out of
service as well as its location and permit and/or registra-
tion number.
-18-
-------
(2) The expected length of time that the air pollution control
equipment will be out of service.
(3) The nature and quantity of emissions of air contaminants
likely to occur during the shutdown period.
(4) Measures that will be taken to minimize the length of the
shutdown or to negate the effect of the outage of the air
pollution control equipment.
(b) In the event that any emission source air pollution control equip-
ment, or related facility, fails in a manner that may cause an
increase in the emission of air contaminants in violation of
applicable regulations of the Board,the person responsible for
such equipment shall immediately notify the Executive Secretary
or his representative by telephone of such failure or breakdown
and provide a written statement giving all pertinent facts,
including the estimated duration of the breakdown. When the con-
dition causing the failure or breakdown has been corrected and
the equipment is again in operation, the Executive Secretary or
his representative shall be notified.
(c) Nothing in the Section 2.709 (a) and (b) shall be construed as
giving an owner the right to temporarily increase the emission of
contaminants or to use as a means of circumventing the emission
standards otherwise provided in these regulations.
(2.0) 2.710 Circumvention
No owner shall cause or permit the installation or use of any device or
.any means which, without resulting in reduction in the total amount of air
contaminant emitted, conceals or dilutes an emission of air contaminant
which would other wise violate these regulations (this section does not
prohibit the construction of a stack or chimney).
(2.0) 2.711 Severability
If any provision of these regulations or the application thereof to any
person or circumstances is held to be invalid, such invalidity shall not
affect other provisions or application of any other part of these regula-
tions which can be given effect without the invalid provisions of applica-
tion, and to this end the provisions of these regulations and the various
applications thereof are declared to be severable.
-19-
-------
AQCR VII
SECTION III
(4.0) 3.700 AIR QUALITY STANDARDS
(2.0) 3.701 General Provisions.
(a) Air quality standards are required to assure that ambient concen-
trations of air contaminants are consistent with established
criteria and shall serve as the basis for effective and reasona-
ble management of the air resources of the Commonwealth of Vir-
ginia.
(b) At such time as additional pertinent information becomes avail-
able with respect to applicable air quality criteria, such infor-
mation shall be considered and the air quality standards revised
accordingly.
(c) The absence of a specific air quality standard shall not preclude
action by the Board to control contaminants to assure protection,
safety, welfare, and comfort of the people of the Commonwealth of
Virginia.
(d) . The.air quality standards established herein shall apply to all
areas outside a source property line.
(e) Where applicable, all measurements of air quality shall be cor-
rected tc a reference temperature of 70 degrees F and to a ref-
erence pressure of 14.7 pounds per square inch absolute.
(4.1) 3.702 Particulate Matter.
(a) Air quality standards are
(1) 60 micrograms per cubic meter - annual geometric mean.
(2) 150 micrograms per cubic meter - maximum 24 hr. concentra-
tion not to be exceeded more than once per year.
(b) Particulate matter shall be determined by the high volume method '
as described in Appendix B, Part 410, Chapter IV, Title 42, Code
of Federal Regulations, or by an equivalent method.
(4.2) 3.703 Sulfur Oxides (Sulfur Dioxide)
(a) Air quality standards are
(1) 80 micrograms per cubic meter (0.30 ppm) - annual arithmetic
mean.
-20-
-------
(.2) 365 micrograms per cubic meter (0.14 ppm) - maximum 24 hr.
concentration not to be exceeded more than once per year.
(3) . 1,300 micrograms per cubic meter (0.50 ppm) - maximum 3 hr.
concentration not to be exceeded more than once per year.
(b) Sulfur dioxide shall be measured by the pararosanili'ne method as
described in Appendix A, Part 410, Chapter IV, Title 42, Code of
Federal Regulations, or by an equivalent method.
(4.5) 3.704 Carbon Monoxide.
(a) Air quality standards are
(1) 10 milligrams per cubic meter (9 ppm) - maximum 8 hr. con-
centration not to be exceeded more than once per year.
(2) 40 milligrams per cubic meter (35 ppm) - maximum 1 hr. con-
centration not to be exceeded more than once per year.
(b) Carbon monoxide shall be measured by the nondispersive infrared
spectrometry method, as described in Appendix C, Part 410, Chap-
ter IV, Title 42, Code of Federal Regulations, or by an equiva-
lent method.
(4.6) 3.705 Photochemical Oxidants.
(a) Air quality standard is
(1) 160 micrograms per cubic meter (0.08 ppm) - maximum 1 hr.
concentration not to be exceeded more than once per year.
(b) Photochemical oxidants shall be measured and corrected for inter-
ferences due to nitrogen oxides and sulfur dioxide by the method.
described in Appendix D, Part 410, Chapter IV, Title 42, Code of
Federal Regulations, or by an equivalent method.
(4.4) 3.706 Hydrocarbons.
(a) Air quality standard for hydrocarbons is
(1) 160 micrograms per cubic meter (0.24 ppm) - maximum 3 hr.
concentration (6-9 AM) not to be exceeded more than once per
year.
(b) Hydrocarbons shall be measured and corrected for methane by the
method .described in Appendix E, Part 410, Chapter IV, Title 42,
Code of Federal Regulations, or by an.equivalent method.
-21-
-------
Cc) The hydrocarbon air.quality standard is for use as a guide in
determining hydrocarbon emission control required to achieve the
photochemical oxidant standard.
(4.3) 3.707 Nitrogen Dioxide.
(a) Air quality standard is
(.1) 100 micrograms per cubic meter (0.05 ppm) - annual arith-
metic mean.
(b) Nitrogen dioxide shall be measured by the method described in
Appendix F, Part 410, Chapter IV, Title 42, Code of Federal Reg-
ulations, or by an equivalent method.
(.4.1) 3.708 Dustfall.
. Geometric mean of monthly values for four consecutive months at any one
location shall not exceed 15 tons per square mile per month (metric equi-
valent: 0.525 milligrams per square centimeter per month or 5.25. grams per
square meter per month) including background concentrations.
-22-
-------
AQCR VII
SECTION IV
(Rule 701)
(51.13) 4.701.00 OPEN BURNING
(51.13) 4.701.01 Prohibition of Open Burning.
(a) No person or owner shall kindle or ignite, cause to be kindled
or ignited or maintain any open fire in any public or private
place outside any building except as provided in paragraph
4.701.02; however, such exceptions shall not allow the burning
of rubber tires, asphaltic materials, crankcase oil, impregnated
wood, or similar materials which produce dense smoke nor shall
such exceptions permit any owner to conduct salvage operations
by open burning.
(b) Open burning under the exceptions of paragraph 4.701.02 does not
exempt or excuse a person from the consequences, damages or
injuries which may result from such conduct, nor does it excuse
or exempt any person from complying with all applicable laws,
ordinaces, regulations, and orders of the governmental entities
having jurisdiction, even though the open burning is conducted
in compliance with paragraph 4.701.02.
(c) All open burning permitted under paragraph 4.701.02, Exceptions,
shall be immediately terminated upon the declaration by compe-
tent authority of an air pollution episode.
(2.0) 4.. 701.02 Exceptions.
Exceptions to paragraph 4.701.01 are as follows:
(a) Open fires may be set in performance of an official duty of any
public health or safety officer, after notification of State and'
Local Air Pollution Control Agencies, if the fire is necessary
for one or more of the following reasons, or purposes:
i
(1) for the prevention of a fire hazard which cannot be abated
by other means;
(2) for the instruction of public fire fighters under the super-
vision of a designated Fire Marshal;
(3) for the protection of public health.
(b) Fires may be used for cooking of food, provided no smoke viola-
tion Jor other nuisance is created.
-23-
-------
(c) Open fires may be set for recreational purposes, such as camp
fires, provided no smoke violation or nuisance is created.
(d) Salamanders or other devices may be used for heating by con-
struction or other workers, provided no smoke violation or other
nuisance is created.
(e) In those areas where provision for public or private collection
of leaves is not made, the open burning of leaves is permitted.
(f) In those areas where regular refuse collection is not available,
open burning of ordinary household trash by householders is' per-
mitted, provided that:
(1) garbage, dead animals and animal waste are not burned;
(2) materials are not burned which create dense smoke (emissions
of an opacity or darkness greater than No. 2 on the Ringel-
mann Smoke Chart) or objectionable odors or any other emis-
sions which may be injurious or noxious to people or pro-
perty ;" '
C3) no nuisance is created.
Cg) Open fires may be set for operation of craft exhibits, pageants
of historical significance and for ceremonial occasions.
(h) Fires may be set in the course of forest management and agri-
cultural operations in growing crops or raising fowl or animals
provided no nuisance is created.
(2.0) 4.701.03 Exclusions.
This rule does not apply'-to open burning using devices or methods specif-
ically designed to provide good combustion performance under the following
conditions:
(a) Visible emissions shall comply with Section 4.702.00 (Rule 702).
(b) All devices or methods under this Section 4.701.03 shall be
approved by the Executive Secretary or his representative and
local air pollution control agency, if any, prior to installation.
-24-
-------
AQCR VII
SECTION IV
(Rule 702)
(50.1.2) 4.702.00 SMOKE AND OTHER VISIBLE EMISSIONS - STATIONARY SOURCES
(50.1) 4.702.01 Participates of Smoke or Other Visible Emissions.
(a) NO owner shall cause, suffer, allow or permit the discharge into
the outdoor atmosphere from any single point of emissions from a
source any air pollutant which is
(1) darker in shade than smoke designated as No. 1 on the
Ringelmann Smoke Chart,
(2) Of such opacity as to obscure an observer's view to a degree
greater than does smoke designated as No. 1 on the Ringel-
mann Smoke Chart (when used as a measure of opacity).
(.2.0) 4.702.02 Exceptions
(a) If it can be demonstrated that emissions discharging from the
single point of emission show that the emission is in compliance
with applicable regulations on particulate emissions for the
specific source in question, the Board may modify the require-
ments of this regulation.
(b) When starting a new fire or blowing tubes or cleaning a fire box.
a person may discharge into the atmosphere from any single point
of emission, emissions of a shade or density not darker than No.
3 ontthe Ringelmann Smoke Chart or 60 percent opacity for brief
periods.
(c) The limits of Section 4.702.01 shall not apply when the opacity
of the visible emission is due to the presence of uncombined
water. .
(2.0) 4.702.03 Traffic Hazard.
No person shall discharge from any source whatsoever such quantities of
air contaminants, uncombined water, or other materials which may cause a
traffic hazard.
-25-
-------
AQCR VII
SECTION IV
(Rule 703)
(51.5) 4.703.00 PARTTCULATE EMISSION FROM EXISTING FUEL BURNING EQUIPMENT
(51.5) 4.703.01 Emission Standards for Furnaces
(a) No owner shall allow to be emitted into the outdoor atmosphere
from any fuel burning equipment or to pass a convenieht measuring
point near the stack outlet, particulate matter in the flue gases
to exceed the appropriate following standard:
(1) For operations with total heat input less than eighty-seven
million (87 x 10°) BTU per hour, the 'maximum allowable emis-
sion shall be 0.3 pounds of particulate per million BTU
input.
(2) For operations with total heat input between eighty-seven
million (87 x 106) and ten billion (10,000 x 10°) BTU per
hour, the maximum allowable emission in pounds per million
BTU input, E, shall be determined by the following equation:
E = 0.8425 H'0-2314, where H is the total heat input in
millions of BTU per hour.
(3) For operations with total heat input in excess of ten bil-
lion (10,000 x 106) BTU per hour, the maximum allowable
emission shall be 0.10 pounds of particulate per million
BTU input.
(4) Figure 4.703.1 illustrates the above emission standards.
(b) For purposes of this regulation, the heat input shall be the
aggregate heat content of all fuels whose products of combustion
pass through a stack or stacks. The heat input value used shall
be the equipment manufacturer's or designer's guarantee maximum
input, or maximum continuous heat input, or maximum continuous
heat'input determined by test, whichever is greater. The total
heat input of all fuel burning units at a plant or on a premise
normally operated simultaneously shall be used for determining
the maximum allowable amount of particulate matter which may be
emitted.
(9.0) 4.703.02 Emission Testing.
Emission tests relating to this rule apply to recognized ASME methods.
The approved methods are the ASME Test Code for Dust Separating Apparatus
(PTC-21-1941) and the ASME Test Code for Determining Concentrations in
Gas Streams (PTC-27-1957). Procedures may be adjusted or changed by the
-26-
-------
Executive Director to suit specific sampling conditions or needs based
upon good practice, judgement and experience. When such tests are adjust-
ed, consideration shall be given to the effect of such change on estab-
lished emission standards.
(2.0) 4.703.03 Exemptions.
•All fuel burning equipment using solid fuel for space and domestic water
heating with a BTU input of less than 350,000 BTU per hour shall be exempt
from this rule.
All fuel burning equipment for space heating with a BTU input of less than
1,000,000 BTU .per nour shall be exempt from this rule.
(2.0) 4.703.04 Bacharach Standard.
No owner shall cause or allow to be .emitted into the outdoor atmosphere
from any fuel bunn'ng equipment or to pass a convenient measuring point
near the breeching, smoke which exceeds Number 4 on the Bacharach Scale,
or the equivalent.
-27-
-------
AQCR VII
SECTION IV
(Rule 704)
(50.1) 4.704.00 PARTICULATE MATTER
(50.1) 4.704.01 Restriction of Emission of Participate Matter.
(a) The maxi-mum allowable emission of particulate matter from any
source whatever except fuel burning equipment- and incinerators
shall be determined from Figure 4.704.1. Where the process
weight (moisture free basis) per hour falls between two values
in the" figure, the maximum weight discharged per hour shall be
determined by linear interpolation. Where the process weight is
in the figure, the maximum weight discharged per hour shal 1 be
determined by linear interpolation. Where the process weight is
in excess of 60,000 pounds per hour, there shall not be dis-
charged in any one hour from any source whatsoever particulate
matter in excess of 40 pounds per hour.
(50.1.3) 4.704.02 Control of Fugitive Particulate Matter.
No person shall cause, suffer, allow, or permit any materials to be han-
dled, transported, or stored; or a building, its appurtenances, or a road
to be used, constructed, altered, repaired or demolished without taking
reasonable precautions to prevent particulate matter from becoming air-
borne. Such reasonable precautions may include, but not limited to, the
following:
(a) Use, where possible, of water or chemicals for control of dust in
the demolition of existing buildings or structures, construction
operations, the grading of roads or the clearing of land.
(b) Application of asphalt, oil, water or suitable chemicals on dirt
roads, materials stockpiles, and other surfaces which can create
ai'rborne dusts. ' '
(c) Installation and use of hoods, fans and fabric filters to enclose
and vent the handling of dusty materials. Adequate containment ,
methods shall be employed during sandblasting or other similar
operations.
(d) Open equipment for conveying or transporting materials likely to'
become airborne shall be covered, or treated in an equally effec-
tive manner at all times when in motion.
(e) The paving of roadways and their maintenance in a clean condition.
-28-
-------
(f) The prompt removal of earth, or other material from paved streets
which earth or other material has been transported thereto by
trucking or earth moving equipment or erosion by water.
-29-
-------
ALLOWABLE PARTICIPATE EMISSIONS FROM FUEL BURNING EQUIPMENT
GO
O
I
CO
r>
o
O
-------
FIGURE 4.704.1
Process
Wt/hr
(Ibs)
50 or
less
TOO
150
200
250
300
350
400
450
500
550
600
650
700
750
800
850
900
950
1000
1100
1200
1300
1400
1500
1600
1700
1800
Maximum Weight
Disch/hr (Ibs)
0.24
0.46
,66
.85
.03
.20
.35
.50
.63
.77
.89
.01
.12
.24
0.
0.
1
1
1
1
1
1
1
2.
2.
2.
2.34
2.43
2.53
2.
2.
2.
2.
3.
3.
3.
3.
3,
3
62
72
80
97
12
26
40
,54
.66
,79
3.91
Process
Wt/hr
(Ibs)
1900
2000
2100
2200
2300
2400
2500
2600
2700
2800
2900
3000
3100
3200
3300
3400
3500
3600
3700
3800
3900
4000
4100
4200
4300
4400
4500
4600
Maximum Weight
Disch/hr (Ibs)
Process
Wt/hr
(Ibs)
Maximum Weight
Disch/hr (Ibs)
4.03
4.14
4.24
4.34
4.44
4.55
4.64
74
84
92
02
10
18
27
36
44
52
61
,69
,77
,85
,93
.01
.08
15
4.
4.
4.
5,
5.
5.
5.
5.
5.
5.
5.
5.
5.
5.
5.
6.
6.
6.
6.22
6.30
6.37
4700
4aoo
4900
5000
5500
6000
6500
7000
7500
8000
8500
9000
9500
10000
11000
12000
13000
14000
15000
16000
17000
18000
19000
20000
30000
40000
50000
60000 or
more
6.45
6.52
6.60
6.67
7.03
7.37
7.71
8.05
8.39
8.71
9.03
9.36
9.67
10.00
10.63
11.28
11.89
12.50
13.13
13.74
14.36
14.97
15.58
16.19
22.22
28.30
34.30
40.00
-31-
-------
AQCR VII
SECTION IV
. (Rule 705)
(50.0) 4.705.00 GASEOUS CONTAMINANTS
(50.0) 4.705.01 Prohibition of Gaseous Contaminant Emissions
(a) No owner shall allow the operation of combustion installation and
process equipment so as to disperse into the outdoor atmosphere
gaseous contaminant emissions in such quantities or concentra- .
tions as to Injure human, plant or animal life-, or cause a condi-
tion of air pollution.
(50.2) 4.705.02 Sulfur Containing Gases and Compounds
(a) Control of the Emission of Sulfur Dioxide from Fuel Burning
Installations.
(1) No person shall cause, suffer, allow, or permit sulfur diox-
ide caused by the combustion of fuel to be discharged from
all combustion equipment at a given location in excess of
the quantity shown by Curve A, Figure 4.705.1.
(2) If necessary to achieve and maintain the ambient air quality
standards, the Board will require on or before 1975 emission
standards in accordance with Curve B, Figure 4.705.1 or more
restrictive emission standards as may be required.
(b) Ocean Going Vessels.
(1) (Reserve for future regulations)
(51.16) 4.705.03 Control of Hydrocarbon Emissions From Stationary Sources
(a) General.
(1) The purpose of the following is to reduce hydrocarbon emis-
sions which when combined photochemically with nitrogen'
'oxides will cause oxidant levels to exceed established stand-
ards.
(b) Storage of Volatile Organic Materials.
(1) No person shall place, store, or hold in any stationary tank,
reservoir, or other container of more than1 65,000 gallons
capacity any volatile organic compounds unless such tank,
reservoir, or other container is a pressure tank capable of
maintaining working pressures sufficient at all times to
-32-
-------
ALLOWABLE SULFUR OXIDES EMISSIONS
FROM COMBUSTION INSTALLATION
Figure 4.705.01
c
o
•r™
4->
ro
ra
C
o
o
(_3 O)
•o
O X
s- o
(/> 3
C •+-
O •—
•i- 3
•r- i.
E 3
uj o
O) tO
T3 -O
•r- C
X 3
O O
Q_
S_
3
3
I/O
rr~
'"\
. . .
• ,
r
ir 4
\
r .
j
/
| j
,
10
~-"IH
II-T-
*""t" J"
1
J J *
/ >'
£.1^-— _
f "*"
T
•
t
..it:
1
1 —
10.0
. .,!..
-af-
/
I
1
>~
T~<~
— u-
,4-1
M
1
I
1
1
100C
10'
t
J
A
/ L
^IT
?f^-i^
j_
I
' ' '! ,
I.
10,001
J/
/ f
>'
t
D
— -g
2
? • -"-
2
..^I.
-h-l
1
u
:' B
00,000
10'
Total Capacity Rating of Combustion Installation
BTU x T06/hour
4.705.01
Curves based on the following equation's:
(A) S = 1.06 K
(B) S = 0.55 K
•Where:
S = Allowable emissions of sulfur oxides in pounds/hour
K = Total capacity rating of combustion installation in
BTU x 106/hour .
-33-
-------
prevent vapor or gas loss to the atmosphere or is designed,
and equipped with one of the following vapor loss control
devices:
(1) A floating roof, consisting of a pontoon type, double
deck type roof or internal floating cover, which will
rest on the surface of the liquid contents and be
equipped with a closure seal or seals to close the
space between the roof edge and tank wall. This con-
trol equipment shall not be permitted if the vg1 ati1e
organic compounds have a vapor pressure of 17.0
pounds per square inch absolute or greater at 100
degrees F or 15 pounds Reid vapor pressure, whichever
is limiting. All tank gauging or sampling devices
shall be gas-tight except when tank gauging or sam-
pling is taking place.
(ii) A vapor recovery system, consisting of a vapor gather-
ing system capable of collecting the volatile organic
compound vapors and gases discharged and a vapor dis-
posal system capable of processing such volatile
organic vapors and gases so as to prevent their emis-
sion to the atmosphere and with all tank gauging and
sampling devices gas-tight except when gauging or
sampling is taking place.
(iii) Other equipment or means of equal efficiency for pur-
poses of air pollution control as may be approved by
the Board.
(iv) No person shall place, store, or hold in any station-.
ary storage vessel more than 250 gallons capacity any
volatile organic compound unless such vessel is equip-
ped to be filled through a submerged fill pipe or is
a pressure tank as described in paragraph 4.705.03
(b)(l) or is fitted with a vapor recovery system as
described in Section 4.705.03 (b)(l)(ii).
(c) Volatile Organic Materials Loading Facilities.
(1) No person shall load any volatile organic compounds into any
tank truck or trailer from any loading facility handling
more than 50,000 gallons per day unless such loading facil-
ity is equipped with a Vapor collection and disposal system,
or use of a filling procedure of equal or better emission
control efficiency, or their equivalent, properly installed,
in good working order, and in operation.
-34-
-------
(2) No person shall load any volatile organic compounds into any
tank truck or trailer from any loading facility handling
more than 50,000 gallons/day of such compounds unless such
loading facility is equipped as set forth in 4.705.03 (c)(.l).
If'a vapor collection and disposal system is utilized, the
loading arm shall be equipped with a vapor collection adapt-
or, pneumatic, hydraulic, or other mechnical means which
will provide a vapor-tight seal between the adaptor and the
hatch. A means shall be provided to prevent liquid organic
compounds drainage from the loading device when it is
removed from the hatch of any tank truck or trailer. When
loading is effected through means other than the hatches,
all loading lines shall be equipped with fittings which make
vapor-tight connections and which close automatically when
disconnected.
(d) Volatile Organic Compound Water Separation
(1) No person shall use any compartment of any single or multi-
ple compartment equipment designed to separate water from
only volatile organic compounds which compartment received
effluent water containing 200 gallons a day or more of vol-
atile organic compound from any equipment processing,
refining, treating, storing, or handling volatile organic
' compounds unless such compartment is equipped with one of
the following vapor loss control devices, properly installed,
in good working order, and in operation:
(i) A container having all openings sealed and totally
enclosing the liquid contents. All gauging and
sampling devices shall be gas-tight except when gaug-
ing or sampling is taking place.
(ii) A container equipped with a floating roof consisting
of a pontoon type, double deck type roof, or internal
floating cover, which will rest on the surface of the
contents and be equipped with a closure seal or seals
, to close the space between the roof edge and containr
er wall. All gauging and sampling devices shall be
gas-tight except when gauging or sampling is taking
place.
(iii) A container equipped with a vapor recovery system
consisting of a vapor gathering system capable of
collecting the hydrocarbon vapors and gases dis-
charged and a vapor disposal system capable of pro-
cessing such hydrocarbon vapors and gases so as to
prevent their emission to the atmosphere and with all
container gauging and sampling devices gas-tight
except when gauging or sampling is taking place.
-35-
-------
(iv) A container having other equipment of equal effi-
ciency for purposes of air pollution control as may
be approved by the Board.
(e) Pumps and Compressors.
(1) All pumps and compressors handling vo1atile organic cpm-
, pounds shall have mechanical seals or other equipment of
equal efficiency for purposes of air pollution control as
may be approved by the Board.
(f) Waste Gas Disposal.
(1) No person shall emit a waste gas stream from any plant pro-
ducing ethylene for chemical feed stock or utilizing ethyl -
ene as a raw material into the atmosphere in excess of 40
pounds per day unless the waste gas stream is properly
burned at 1300 degrees for 0.3 seconds or greater in a
direct-flame afterburner or removed by other methods of com-
parable efficiency.
(2) No person shall emit continuously hydrocarbon gases to the
atmosphere from a vapor blowdown system unless these gases
are burned by smokeless flares, or an equally effective con-
trol device as approved by the Board. This rule is not
intended to apply to accidental, emergency, or other infre-
quent emissions of hydrocarbons, needed for safe operation
of equipment and processes.
(g) Organic Solvents.
t
(1) A person shall not discharge more than 15 pounds of organic
materials into the atmosphere in any one day from any arti-
cle, machine, equipment or other contrivance in which any
organic solvent or any material containing organic solvent
comes into contact with flame or is baked, heat-cured, or
heat-polymerized, in the presence of oxygen unless such a
discharge represents an overall reduction of 85% or greater.
(2) A person shall not discharge more than 40 pounds of organic
material into the atmosphere in any one day from any arti-
cle, machine, equipment, or other contrivance used under
conditions other than described in paragraph 4.705.03 (g)(l),
for employing, applying, evaporating or drying any photo-
chernically reactive solvent, as defined in paragraph
4.705.03 (g)(ll), or material containing such solvent,
unless all organic materials discharged from such article,
machine, equipment or other contrivance have been reduced by
at least 85% overall. The limitations prescribed in this
paragraph shall not apply to any complying industrial sur-
-36-
-------
face coating, which means any paint, lacquer, varnish, ink,
adhesive or other surface coating material which emits to
the atmosphere organic compounds which are hot photochemi-
cally reactive as defined in Section 4.705.. 03 .(g) (11). 'in
determining percentages for water-based paints, the quantity
of water shall be in the calculation of percentage.
(3) Any series of articles, machines, equipmertt Or other contri-
vances designed for processing a continuously moving sheet,
web, strip, or wire which is subjected to any combination of
operations described in paragraph 4.705.03 (g)(l) or
4.705.03 (g)(2) involving any photochemically reactive sol-
vent, as defined in paragraph 4.705.03 (g)(ll) or material
containing such solvent, shall be subject to compliance with
paragraph 4.705.03 (g)(2).
(4) Emissions of organic materials to the atmosphere from the
clean-up with photochemically reactive solvents, as defined
in paragraph 4.705.03 (g)(ll) article, machine, equipment
or other contrivance described in paragraph 4.705.03 (g)(l),
4.705.03 (g)(2), or 4.705.05 (g)(-3), shall be included with
the other emissions or organic materials from that article,
machine, equipment, or other contrivances for determining
compliance with these rules.
(5) Emissions of organic materials to the atmosphere as a result
of spontaneously continuing drying of products for the first
12 hours after their removal from any article, machine,
equipment, or other contrivance described in paragraphs
4.705.03 (g)(l), 4.705.03 (g.)(2), or 4.705.03 (g)(3), shall
be included with other emissions of organic materials from
that article, machine, .equipment, or other contrivance,- for
determining compliance with this rule.
(6) Emissions of organic materials into the atmosphere required
to be controlled by paragraph 4.705.03 (g)(l), 4.705.03 (g)
(2), 4.705.03 (g)(3) shall be reduced by:
(a) Incineration, provided that 90 percent or more of the
carbon in the organic material being incinerated is
oxidized to carbon dioxide, or . .
(b) Absorption, or
(c) Processing in a manner determined by the Board to be
not less effecitve than (a) or (b) above.
(7) A person incinerating, absorbing, or otherwise processing
organic materials.pursuant to this rule shall provide, pro-
perly install, and maintain in calibration, in'good working
-37-
-------
order and in operation, devices as specified in the author-
. ity to construct or the permit to operate, or as specified
by the Board, for indicating temperatures, pressures, rates
of flow, or other operating conditions necessary to deter-
mine the degree and effectiveness of air pollution control.
(8) Any person using organic solvents or any materials contain-
ing organic solvents shall supply the Board, upon request
and in the manner and form prescribed by him, written evi-
dence of the chemical compositions, physical properties, and
amount consumed for each organic solvent used.
(9) The provisions of this rule shall not apply to:
(a) The manufacture of organic solvents, or the transport
or storage of organic solvents or materials containing
organic solvents.
(b) The use of equipment for which other requirements are ••
specified by 4.705.03 (a), 4.705.03 (b), or 4.705.03
(c) or which are exempt from air pollution control
requirements by said rules.
(c) The spraying or other equipment of insecticides, pesti-
cides, or herbicides.
(d) The employment, application, evaporation, or drying of
saturated halogenated hydrocarbons, or organic com-
pounds in which all olefinic groups contain 3 or more
halogen atoms.
(e) Development or research laboratory operation involving
the use of photochemically reactive solvents.
(f) The use of any material, in any article, machine, equip-
ment or other contrivance described in 4.705.03 (g)(l),
4.705.03 (g)(2), 4.705.03 (g)(3), or 4.705.03 (g)(4)
if:
(i) the volatile content of such material consists
only of water and organic solvents, and
(ii) the organic solvents comprise not more than 20
percent of said volatile content, and
(iii) the volatile content is not photochemically
reactive as defined in 4.705.03 (g)(ll).
-38-
-------
(10) for the purpose of this rule, organic solvents include dilu-
ents and thinners and are defined as organic materials which
are liquids at standard conditions and which are used as
dissolvers, viscosity reducers, or Cleaning agents.
(11) For the purpose of this rule a photochemically reactive
solvent is any solvent with an aggregate of. more than 20
percent of its total volume composed of the chemical com-
pounds classified below or which exceeds any of the follow-
ing individual percentage composition limitations, referred
to the total volume of solvent;
(a) A combination of hydrocarbons, alcohols, aldehydes,
esters, ethers, or ketones having an olefinic or cyclo-
olefinic type of unsaturation: 5 percent,
(b) A combination of aromatic hydrocarbons: 20 percent.
(12) For the purpose of this rule, organic materials are defined
as chemical compounds of carbon excluding carbon monoxide,
carbon dioxide, carbonic acid, metallic carbides, metallic
carbonates, and ammonium carbonate.
(h) Architectural Coatings.
(1) A person shall not sell or offer for sale in containers
exceeding one gallon capacity, any architectural coating con-
taining photochemically reactive solvent, as defined in
4.705.03 (g)(ll).
(2) A(person shall .-.not employ, apply, evaporate, or dry any
architectural coating, purchased in container .exceeding one
gallon capacity, containing photochemically reactive sol-
vent, as defined in 4.705.03 (g)(ll).
(3) A person shall not thin or dilute any architectural coating
with a photochemically reactive solvent, as defined in
4.705.03 (g)(ll).
(4) For the purpose of this rule, an architectural coating is
defined as a coating used for residential or commercial
buildings and their appurtenances; or. industrial buildings.
(i) Disposal and Evaporation of Solvents.
(1) A person shall not, during any one day, dispose of a total
of more than lh gallons of any such photochemically reactive
solvent by any means which will permit the evaporation of
such solvent into the atmosphere.
-39-
-------
(51.16) 4.705.04 Control of Carbon Monoxide Emissions
(a) Gener&l Provisions
The application of this section shall apply only to those areas
of locations where carbon monoxide levels are designated by the
Board to have adverse health or other effects.
(b) No person shall emit carbon.monoxide was te.cjas. stream from., any
catalyst regeneration or a petroleum cracking system, petroleum
coker, or other petroleum process or from the operation of a grey
iron cupola, blast furnace, or basic oxygen steel furnace into
the atmosphere unless (1) the waste gas stream is burned at 1300
degrees F. for 0.3 seconds or greater in a direct-flame after-
burner or boiler equipped with a combustion control indicator
or (2) other devices or procedures are employed that reduce
carbon monoxide emissions to levels comparable with a boilder or
afterburner installation.
(51.10) 4.705.05 Control of Nitrogen Oxides Emissions
(51.7)
(a) Nitric Acid Manufacture
No person shall cause, suffer, allow or permit the emission of
nitrogen oxides (expressed as nitrogen dioxide) from nitric acid
manufacturing plants into the outdoor atmosphere in excess of 5.5
pounds per ton of 100% acid produced.
(b) Existing Fuel-Burning Equipment
(1) general Provisions
This section shall be applied only in those area?, or loca-
tions where the ambient levels of nitrogen oxides (expressed
as nitrogen dioxide) have been determined by the Board to be
excessive.
(2) No person shall cause, suffer, allow or permit nitrogen
oxides (expressed as nitrogen dioxide) to be discharged into
the outdoor atmosphere from each existing fuel burning unit
larger than 250 million BTU per hour heat input in excess of:
(a) Graph 4.705.02 curve A when gaseous fossil fuel is used
(b) Graph 4.705.03 curve A when liquid fossil fuel is used
(c) Graph 4.705.04 when solid fossil fuel is used
-40-
-------
(d) In those regions, districts, or locations where attain-
ment of the ambient air quality standards is required,
the Board will require emission performance in accor-
i dance with Graphs 4.705.02 and 4.705.03 Curve B or
Curve C.
(e) Where gaseous and liquid fossil fuels are burned simul-
taneously in any combination in fuel burning equipment
of more than 250 million. BTU per hour heat input, the
applicable emission limitation shall be determined by
proration. Compliance shall be determined using the
following formula:
Z = x(G) + v(0)
x + y
where:
x is the percent of total heat input derived from
gaseous fossil fuels.
y is the percent of total heat input derived from
liquid fossil fuels.
G is the applicable emission limitation for gaseous
fossil fuels. ,
.0 is the. applicable emission limitation for liquid
fossil fuels.
Z is the allowable emission in pounds per million
BTU.
(3) Where solid fossil fuels are burned simultaneously with gas-
eous and/or liquid fossil fuels in fuel burning equipment,
the emission limits will not apply.
(4) , The stack sampling test method applicable to a source sub-
ject to this regulation shall be Method 7 as described in
the Appendix of the Federal Register, Volume 36, No. 247,
December 23, 1971.
-41-
-------
GAS FIRED FUEL BURNING EQUIPMENT
O)
T3
•r*»
x
o
CT)
O
t/i
fO
to
to
Q.
X
to
0)
•a
•r~
x
o
O
i.
O
to
•a
o
a.
Figure 4.705.02
100,000,
10,000.
i IOO
1,000,000
£50
Capacity Rating of Each Combustion Installation
Exceeding 250 x 106 BTU per Hour Input
Curves based on the following equations:
(A) N = 0.4 x K
(B) N = 0.3 x K
(C) N = 0.2 x K
Whe^e:
K is capacity rating of each combustion installation
exceeding 250 x 106 BTU per hour in BTU x 106/hcur
N is allowable nitrogen oxides emissions from each
combustion installation in pounds/hour nitrogen
oxides (expressed as nitrogen dioxide)
-42-
-------
01
"O
OIL FIRED FUEL BURNING EQUIPMENT
Figure 4.705.03
o loo.ooa
c
OJ
CD
o
CO
(O
•o
Ol
10
co
CL
X
I/I
OJ
. -a
x
O
OJ
01
O
i-
10,000
O
Q.
\o->
,000
IOJ
100
50
ABC
100
T -
iifl
t
i!
-,.
(tt°
1,000
10,000
10"
100,000
10s
Capacity Rating of EachfiCombustion Installation
Exceeding 250 x 10 BTU per Hour Input
Curves based on the following equations:
(A) N = 0.7 x K
(B) N = 0.5 x K . ..
(C) N = 0.3 x K
Where:
-r-t
I.OOQOOO
10*
K is capacity rating of each .combustion installation
exceeding 250 x 106 BTU per hour in BTU x 106/hour
N is allowable nitrogen oxides emissions from each
combustion installation in pounds/hour nitrogen
oxides (expressed as nitrogen dioxide)
-43-
-------
SOLID FOSSIL FUEL BURNING EQUIPMENT
CD
'x 100,000-1
.2 10=-
CD
o
4->
Q_
x
in
x
o
e
O)
en
o
IO.OOQ.
Figure 4.705.04
-o
c
3
O
Q.
1,000
50
IOO
1,000,000
!<>
Capacity Rating of Each Combustion Installation
Exceeding 250 x 106 BTU per Hour Input
Curve based on the following equation:
(A) N = 0.9 x K
Where:
K is capacity rating of each combustion installation
exceeding 250 x 106 BTU per hour in BTU x 106/hour
N is allowable nitrogen oxides emissions from each
combustion installation in pounds/hour nitrogen
oxides (expressed as nitrogen dioxide).
-44-
-------
AQCR VII
SECTION IV
(Rule 706)
(50.6) 4.706.00 ODOR
(2.0) 4.706.01 Scope.
This regulation shall apply to all operations that produce odorous emis-
sions.
(50.6) 4.706.02 Prohibition of Objectionable Odor.
No person shall cause, suffer, allow or permit any source to discharge air
contaminants which cause an objectionable odor without employing adequate
measures for the control of odorous emissions, as may be approved by the
Board.
(2.0) 4.706.03 Determination of Violation
The determination of objectionable odor is to be made after a thorough
review of all data or evidence relating to the situation which may be
obtained by an investigation directed by the Executive Secretary, and by
holding a public hearing to hear complaints as prescribed in these regula-
tions. The investigation may include use of an odor panel survey and/or
other methods approved by the Board.
(2.0) 4.706.04 Exception.
This Rule is not intended to be applied to accidental or other infrequent
emissions of odors.
-45-
-------
AQCR VII
SECTION IV
(Rule 707)
(51.9) 4.707.00 INCINERATORS
(51.9) 4.707.01 Prohibition of Smoke, Particulates and Odor Emissions from
Incinerators.
No owner shall cause, suffer, allow or permit the operation of. an inciner-
ator so as to discharge into the outdoor atmosphere smoke, particulate, or
odor sufficient to cause a condition of air pollution.
(2.0) 4.707.02 Determination of Violation
. (a) Smoke and Incinerators.
Smoke emitted into the atmosphere from any incinerator shall not
be darker in shade than No. 1 on the Ringelmann Chart; or of such
ppacity as to obscure an observer's view to a degree greater than
does smoke designated as No. 1 on the Ringelmann Chart (when used
as a measure of opacity).
(b) Odor From Incinerators.
Incinerators, including all associated equipment and grounds,
shall be designed, operated and maintained so as to prevent the
emissions of objectionable odors.
(51.9) 4.707.03 Emission Standards for Existing Incinerators
Incinerators shall not discharge particulate matter in excess of .14 grains
per standard cubic foot of dry flue gas corrected to 12% carbon dioxide
(without the contribution of auxiliary fuel). This limitation shall apply
when the incinerator is operating at design capacity.
(51.9) 4.707.04 Flue-Fed Incinerators
Flue-fed incinerators (those which use the same flue for feeding the
refuse and discharging the gases of combustion) are prohibited for incin-
eration usage.
(9,0) 4.707.05 Emission Testing
Emission tests relating to this rule apply to recognized ASME methods.
The approved 'methods are the ASME Test Code for Dust-Separating Apparatus
(PTC-21-1941) and the ASME Test Code for Determining Dust Concentrations
in Gas Streams. Procedures may be adjusted or changed by the Executive
Director to suit specific sampling conditions or needs based upon good
-46-
-------
practice, judgment and experience. When such tests are adjusted, consid-
eration shall be given to the effect of such change on established emis-
sion standards.
Note: A variance has been granted to allow the operation of the Alexandria
City Incinerator in excess of the federally approved particulate .
emission limitations for incinerators until December 31, 1979.
-47-
-------
SECTION IV
(Rule 710)
(12.0) 4.710.00 MOBILE SOURCE EMISSIONS
(12.0) 4.710.01 Prohibition of Acts Affecting Emissions from Motor Vehicles
(a) No person shall cause, suffer, allow, or permit the removal, dis-
connection or disabling of a crankcase emission control system or
device, exhaust emission control system or device, fuel evapora-
tive emission control system or device, or other air pollution
control system or device which has been installed on a motor
vehicle in accordance with federal laws and regulations while
such motor vehicle is operating in the Commonwealth of Virginia.'
(b) Nor shall any person defeat the design purpose of any such motor
vehicle pollution control system or device by installing therein
or thereto any part or component which is not a standard factory
replacement part or component of the device.
(c) Nor shall the motor vehicle or its engine be operated with the
motor vehicle pollution contro"! system or device removed or
otherwise rendered inoperable.
(d) The provisions of the foregoing paragraphs under 4.10.01 shall
not prohibit or prevent shop adjustments and/or replacements of
equipment for maintenance or repair or the conversion of engines
to low polluting fuels, such as, but not limited to, natural gas
or propane.
(12.0) 4.710.02 Visible Emission for Mobile Source
(a) No person shall cause or permit the emission of visible air con-
taminants from gasoline-powered mobile sources for longer than 5,
consecutive seconds after the engine has been brought up to
operation temperature.
(b) No person shall cause or permit the emission of visible air con-
taminants from diesel-powered mobile sources of a density equal
to or greater than 20 percent opacity for longer than 5 consecu-
tive seconds after the engine has been brought up to operating
temperature.
(c) The propulsion engine of a commercial vehicle parked in a busi-
ness or residential area shall not he left running more than
three (3) minutes after the vehicle is parked, except when the
propulsion engine provides auxiliary service other than for
heating or air conditioning.
-48-
-------
(2.0) 4.710.03 Determination of violations
(a) (Reserve for future system of inspections)
-49-
-------
AQCR VII
SECTION VI
(8.0) 6.700 AIR POLLUTION EMERGENCY EPISODE
(2.0) 6.701 General Requirements
(a) An. Air Pollution Emergency Episode Plan provides standards and
procedures to be followed whenever pollution of the air has the
potential of reaching an emergency condition if allowed to go
unchecked.
(b) Whenever the Executive Secretary or Regional-Director determines
the accumulation of air pollution may attain, is attaining or has
attained a level or levels considered injurious to human health,
conditions of air pollution designated as Forecast, Alert, Warn-
ing and Emergency shall be declared. In making a determination,
the criteria defined in Section 6.702.00 shall be used as guid-
ance.
(c) To assure compliance with this regulation, sources designated by
the Executive Secretary shall submit standby emission reduction
plans in accordance with. Section 6.703.00. In accordance with
such standby emiss-ion reduction plans, standby orders as speci-
fied in Section 6.704.00 shall be implemented as a designated
level is reached.
(d) Nothing contained in this regulation shall be construed as allow-
ing, permitting or maintaining an emission from any installation
in the State to be subjected to a lesser degree of control than
may be required for existing or new regulations adopted by the
Board or other appropriate authority.
6.702
(a) A condition justifying the proclamation of a Forecast, Alert,
Warning or Emergency shall be deemed to exist whenever the Execu-
tive Secretary or Regional Director determines that the accumula-
tion cf one or more air pollutants in any place, locality, county
or other area in the State may attain, is attaining or has
attained levels which could, if such levels are sustained or
exceeded, lead to a threat to the health of the public. In mak-,
ing this determination the specified conditions in Section
6.702.00(b)(c) and (d) shall be used as guidance.
(b) Episode Criteria
-50-
-------
(1) Forecast Stage
An internal admfnistrative watch shall be declared by the
Executive Secretary or Regional Director whenever the
national, local or staff meteorologist issues a forecast
indication an atmospheric stagnation will cover any sub-
stantial portion of the Commonwealth of Virginia for an
extended period. Such a weather forecast will indicate
meteorological conditions which are expected to inhibit pol-
lutant dispersion. The watch shall be in effect for those
areas of the State covered by the weather forecast and it
shall continue throughout the atmospheric stagnation period.
. Such weather forecasts indicating atmospheric stagnation
will take the form of:
(i) A regional Air Stagnation Advisory including any sub-
stantial part of the Commonwealth of Virginia issued
by the local meteorologist at the Environmental Mete-
orological Support Unit (EMSU).
(ii) A forecast by the staff meteorologist indicating
localized meteorological conditions which inhibit
dispersion for an extended period of time.
(2) Alert Stage
An Alert shall be declared by the Executive Secretary or
Regional Director when any one of the following pollutant
levels is reached at any monitoring site concurrent with:
(i) Consultation with the national, local or staff mete-
orologist which, indicates that an atmospheric stagna-
tion exists and/or
(ii) A determination by the Executive Secretary or Region-
al Director that the pollutant level i.s representa-
tive of air quality in a Region and the concentra-
tions of pollutants can be expected to remain at the
following indicated levels for 12 or more.hours.
Consultation with the air pollution control agencies
of the affected jurisdictions will be accomplished to
help evaluate local situations.
-51-
-------
POLLUTANT
sn?
Particulates
Product of SO,
x Particulates
CO
Oxidants
AVERAGE
24 hour
24 hour
24 hour
8 hour
1 hour
1 hour
24 hour
ug/mj
800
375
65,000
17,000
200
1,130
282
PPm
.3
(3.0 COH)
(.2 COH-ppm
product)
15
.1
" .6
' .15
(3) Warning Stage
A Warning shall be declared by the Executive Secretary or
Regional Director when any one of the following pollutant
levels is reached at any monitoring site concurrent with:
(i) Consultation with the national, local or staff mete-
orologist which indicates that an atmospheric stagna-
tion exists and/or
(ii) A determination by the Executive Secretary or Region-
al Director that the pollutant level is representa-
tive of air quality in a Region and the concentrations
of pollutants can be expected to remain at the fol-
lowing indicated levels for 12 or more hours. Con-
sultation with the air pollution control agencies of
the affected jurisdictions will be accomplished to
help evaluate local situations.
POLLUTANT
so2
Particulates
Product of S0?
x Particulates 24 hour 261,000
CO 8 hour 34,000
AVERAGE
24 hour
24 hour
ug/nr
1,600
625
PPm
.6
5.0(COH)
(.8 COH-ppm
product)
30.0
-52-
-------
POLLUTANT AVERAGE ug/m3 ppm
Oxidants 1 hour 800 .4
N02 1 hour 2,260 1.2
24 hour 565 .30
(4) Emergency Stage
An emergency shall be declared by the Governor of the Com-
monwealth of Virginia when any one of the following pollu-
tant, levels is reached at any monitoring site concurrent
wi th:
(i) Consultation with the national, local or staff mete-
orologist which indicates that an atmospheric stag-
nation exists and/or . •
(ii) A determination by the Executive Secretary or Region-
al Director that the pollutant level is representa-
tive of air quality in a- Region and the concentra-
tions of pollutants can be expected to remain at the
following indicated levels for 12 or more hours.
Consultation with the air pollution control agencies
of the affected jurisdictions will be accomplished to
help evaluate local situations.
POLLUTANT AVERAGE ug/m3 pgm
S02 24 hour 2,100 .8
Particulates . 24 hour 825 (7.0 COM)
Product of S02
x Particulates 24 hour 393,000 (l.Z COH-ppm
product)
CO . 8 hour 46,000 40.0
, Oxidants 1 hour . 1,200 .6
N02 1 hour 3,000 1.6
24 hour 750 .4
(5) Termination
Termination of any existent stage of the Air Pollution Epi-
sode shall be called by the Governor of the Commonwealth of
Virginia or the Executive Secretary or Regional Director
based on: .
-53-
-------
(i) Consultation with the national, local or staff mete-
orologist which indicates that the atmospheric con-
ditions justify termination and/or
(ii) Appropriate reduction in pollutant levels. As the
Criteria for a given level are no longer being met,
the next lower level will be assumed.
(c) When the Executive Secretary or Regional Director determines
that a specified criteria level is being approached and may be
reached at one or more monitoring sites solely because of emis-
sions from a limited number of sources, it may act to prevent
the attainment of the episode level by notifying such source(s)
that the preplanned abatement strategies of Table I, II, or III
or the standby plans are required, insofar as it applies .to such
source(s), and shall be put into effect until a satisfactory
reduction in the ambient pollution concentration has been
achieved.
(d) The Alert, Warning, and Emergency stages may be activated on the
basis of deteriorating air quality alone; i.e., an atmospheric
stagnation forecast need not be in effect, subject to the deter-
minations specified in Section 6.702(b)(2) (ii ) , (b)(3)(ii), and
(8.0) 6.703 Standby Emission Reduction Plans
(a) Any person responsible for the operation of an installation
specifically identified in Tables I, II, and III of this section
shall prepare standby emission reduction plans, consistent with
good industrial practice and safe operating procedures, for
reducing emissions creating air pollution during periods of
Alert, Warning and Emergency. Standby emission reduction plans
shall be designed to reduce or eliminate emissions in accordance
with the objectives set forth in Tables I, II and III as appli^
cable.
(bj Any person responsible for the operation of a source of emis-
sions not specifically identified under Section 6.703(a) shall,
when requested by the Executive Secretary or Regional Director
in writing, prepare standby emission reduction plans, consistent
with good industrial practice and safe operating procedures, for
reducing emissions creating air pollution during periods of
Alert, Warning and Emergency. Standby emission reduction plans
shall be designed to reduce or eliminate emissions in accordance
with the objectives set forth in Tables I, II and III as appli-
cable. • ,\
n
\
-54-
-------
(c) Standby emission reduction plans as required In Section 6.703(a)
and (b) shall be in writing and show the source of emissions,
the approximate amount of reduction of emissions to be achieved,
the time necessary to achieve the reduction after being notified
to implement the plan, and a description of the manner in which
the reduction will be achieved during an Alert, Warning and
Emergency period in accordance with the objectives set forth in
Table I, II, and III. Such plans shall be submitted in the form
specified by the Executive Secretary or the Regional Director.
(d) During a condition of Alert, Warning or Emergency, standby emis-
sion reduction plans as required by this section shall be made
immediately available on the premises to any person authorized
to enforce regulations promulgated under terms of the Air Pollu-.
tion Control Law of Virginia.
(e) Standby emission reduction plans as required by this section shall
be submitted to the Executive Secretary or Regional Director
upon request within 30 days of the receipt of such request; such
standby emission reduction plans shall be subject to review and
approval by the Executive Secretary or Regional Director. If,
in the opinion of the Executive Secretary or Regional Director,
such standby emission reduction plans do not carry out the
objectives set forth in Tables I, II, and III, the Executive
Secretary or Regional Directory may disapprove said standby
emission reduction plans, state the reason for disapproval and
recommend specific amendments to the proposed standby emission
reduction plans. The revised plan shall.be resubmitted within
a time period specified by the Executive Secretary or Regional
Director. Any person aggrieved by an order requiring the prep-
aration of a revised plan shall be entitiled to an appeal under
the provisions of Title 10 of the Code of Virginia of 1950 as
amended. If any person fails to submit a standby emission reduc-
tion 'plan within the time period specified, which in the opinion
of the Executive Secretary or Regional Director does not carry
out the objectives set forth in Table I, II and III, the Execu-
tive Secretary or Regional Director shall promulgate such stand-
by emission reduction plan as will meet the objectives stated in
Tables I, II and III herein. Such plan shall thereafter be the
standby emission reduction plan which the person responsible
shall put into effect upon the declaration by the Governor or
the Executive Secretary or Regional Director of an air pollution
episode Alert, Warning or Emergency.
(2.0) 6.704 Control Requirements
(a) When, the Executive Secretary or Regional Director declares an
Air Pollution Alert, any person responsible for the operation of
a source of air pollutants as set forth in Table I shall take
55-
-------
all Air Pollution Alert actions as required for such source of
air pollutants and shall put into effect the preplanned abate-
ment strategy for an Air Pollution Alert.
(b) When'the Executive Secretary or Regional Director declares an
Air Pollution Warning, any person responsible for the operation
of a souce of air pollutants as set forth in Table II shall take
all Air Pollution Warning actions as required for such source of
air-pollutants and shall put into effect the preplanned abate-
ment strategy for an Air Pollution Warning.
(c) When the Governor declares an Air Pollution Emergency, any per-
son responsible for the operation of a source of air pollutant
as described in Table III shall take all Air Pollution Emergency
actions as required for such source of air pollutants and shall
put into effect the preplanned abatement strategy for an Air
Pollution Emergency.
(d) When the Executive Secretary or Regional Director determines
that a specified criteria level has been reached at one or more
monitoring sites solely because of emissions from a limited num-
ber of sources, he shall notify such source(s) that the pre-
planned abatement strategies of Tables I, II, and III of the
standby plans are required, insofar as it applies to such
source(s), and shall be put into effect until the criteria of
the specified level are no longer met.
(e) When the Executive Secretary or Regional Director determines
that a specific pollutant level caused the declaration of an
Alert or Warning Stage and that curtailment of emissions from
certain sources would have no effect on that pollutant level,
he ma'y exercise good judgment in determining which abatement
strategies shall be put into effect.
(2.0) 6.705 Participation of Local Air Pollution Control Offices
(a) Local Air Pollution Control Officers shall develop local plans
which will establish standard operating procedures and alloca-
tion of responsibilities (including public relations) to be
placed in effect in the event of an air pollution episode. A
copy of such plans and any subsequent changes to the plans shall
be furnished to the Executive Secretary and the local Regional
\ Office of the State Board.
(b) The statewide' Episode Control Center will be located in Richmond.
Operational, communication, and public relations procedures for
the control of Air Pollution Episodes by the State Episode Con-
trol Center will be promulgated by the Executive Secretary to
all local air pollution control agencies and regional offices.
-56-
-------
TABLE I
ABATEMENT STRATEGIES EMISSION REDUCTION PLANS
ALERT LEVEL
Part A. GENERAL
"1. There shall be no open burning by any persons of tree waste, vege-
tation, refuse, or debris in any form.
2. The use cf incinerators for the disposal of any form of solid
waste shall be limited to the hours between 12:00 noon and 4:00
p.m.
3. Persons operating fuel-burning equipment which requires boiler
lancing or soot blowing shall perform such operations only between
the hours of 12:00 noon and 4:00 p.m.
4. Persons operating motor vehicles should eliminate all unnecessary
operations.
Part B. SOURCE CURTAILMENT
Any person responsible for the operation of a source of air pollutants
listed below shall take all required control actions for this Alert level.
Source of Air Pollution
1. Coal or oil-fired electric
power generating facilities.
2. Coal and oil-fired process
steam generating facilities.
Control Action
a. Substantial reduction by
utilization of fuels having
low ash and sulfur content.
b. Maximum utilization of mid-
day (12:00 noon to 4:00 p.m.)
atmospheric turbulence for
boiler lancing and soot
blowing.
c. Substantial reduction by
diverting electric power gen-
eration to facilities outside
of Alert Area.
a. Substantial reduction by
utilization of fuels having
Tow ash and sulfur content.
-57-
-------
Source of Air Pollution
3. Manufacturing industries of
the following classifica-
tions:
Primary, Metal Industry.
Petroleum Refininq Operations,
Chemical Industries.
Mineral Processing Industries.
Paper and Allied Products.
Grain Industry.
Control Action
b. Maximum utilization of midday
(12:00 noon to 4:00 p.m.)
atmospheric turbulence for
boiler lancing and soot blow-
ing.
c. Substantial reduction of steam
load demands consistent with
continuing plant operations.
a. Substantial reduction of air
pollutants from manufacturing
operations by curtailing,
postponing, or deferring pro-
duction and all operations.
b. Maximum reduction by deferring
trade waste disposal opera-
tions which .emit solid parti-
cles, gas vapors or malodorous
substances.
Maximum reduction of heat
demands for processing.
load
Maximum utilization of midday
(12:00 noon to 4:00 p.m.)
atmospheric turbulence for
boiler lancing and soot blow-
ing.
-58-
-------
TABLE II
EMISSION REDUCTION PLANS
WARNING LEVEL.
Part A. GENERAL
1. There shall be no open burning by any persons of tree waste, vege-
tation, refuse, or debris in any form.
2. The use of incinerators for the disposal of any form of solid
waste or liquid waste shall be prohibited.
3. Persons operating fuel-burning equipment which requires boiler
lancing or soot blowing shall perform such operations only between
the hours of 12:00 noon and 4:00 p.m.
4. Persons operating motor vehicles must reduce operations by the use
of car pools and increased use of public transportation and elim-
ination pf unnecessary operation.
Part B. SOURCE CURTAILMENT
Any person responsible for the operation of a source of air pollutants
listed below shall take all required control actions for this Warning
Level.
Source of Air Pollution
1. Coal or oil-fired electric
power generating facilities.
2.
Oil and oil-fired process
steam generating facilities
Control Action
a. Maximum reduction by utiliza-
tion of fuels having lowest
ash and sulfur content.
b. Maximum utilization of mid-
day (12:00 noon to 4:00 p.m.)
atmospheric turbulence for
boiler lancing and soot blow-
ing.
c. Maximum reduction by divert-
ing electric power generation
to facilities outside of
Warning Area.
a. Maximum reduction by utiliza-
tion of fuels having the low-
est available ash and sulfur
content.
-59-
-------
3.
4.
Manufacturing industries which
require considerable lead time
for shut-down including the
following classifications:
Petroleum Refining.
Chemical Industries.
Primary Metals Industries.
Glass Industries.
Paper and Allied Products.
Manufacturing industries which
require relatively short lead
times' for shut-down including
the following classifications:
Primary Metals Industries.
Chemical Industries.
Mineral Processing Industries.
Grain Industry.
Maximum utilization of mid-
day (12:00 noon to 4:00 p.m.)
atmospheric turbulence for
boiler lancing and soot blow-
ing.
Making ready for use a plan
of action to be taken if an
emergency develops.
Maximum reduction of air con-
taminants from manufacturing
operations by, if necessary,
assuming reasonable economic
hardships by postponing pro-
duction and allied operation.
Maximum reduction by defer-
ring trade waste disposal
operations which emit solid
particles, gases, vapors, or
malodorous substances.
Maximum reduction of heat
load demands for processing.
Maximum utilization of mid-
day (12:00 noon to 4:00 p.m.)
atmospheric turbulence for
boiler lancing or soot blow-
ing.
Elimination o.f air pollutants
from manufacturing operations
by ceasing, curtailing, post-
poning, or deferring produc-
tion and allied operations to
the extent possible without
causing injury to persons or
damage to equipment.
Elimination of air pollutants
from trade waste disposal
processes which emit solid
particles, gases, vapors, or
malodorous substances.
Maximum reduction of heat
load demands for processing.
-60-
-------
Maximum utilization of mid-
day (12:00 noon to 4:00 p.m.)
atmospheric turbulence for
boiler lancing or soot blow-
ing.
-61-
-------
TABLE III
EMISSION REDUCTION PLANS
EMERGENCY LEVEL .
Part A. GENERAL
1. There shall be no open burning by any persons of tree waste, vege-
tation, 'refuse, or debris in any form.
2. The use of incinerators for the disposal of any form of solid or
liquid waste shall be prohibited.
3. All places of employment described below shall immediately cease
operations.
a. Mining and quarrying of nonmetallic minerals.
b. ATI construction work except that which must proceed to avoid
emergent physical harm.
c. All manufacturing establishments except those required to have
in force an air pollution emergency plan.
d. All wholesale trade establishments; 'i.e., places of business
primarily engaged in selling merchandise to retailers, or
industrial, commercial, insitutional or professional users,
or to other wholesalers, or acting as agents in buying merchan-
dise for or selling merchandise to such persons or companies,
except those engaged in the distribution of drugs, surgical
supplies and food.
e. All offices of local, county, and State government including
authorities, joint meetings, and other public bodies excepting
such agencies which are determined by the chief administrative
officer of local, county, or State government, authorities,
joint meetings and other public bodies to be vital for public
safety and welfare and the enforcement of the provisions of
this order.
f. All retail trade establishments except pharmacies, surgical
supply distributors, and stores primarily engaged in the sale
of food.
g. Banks, credit agencies other than banks, securities and com-
modities brokers, dealers, exchanges and services; offices or
insurance carriers, agents and brokers, real estate offices.
-62-
-------
h. Wholesale and retail laundries, laundry services and cleaning
and dyeing establishments; photographic studios; beauty shops,
barber shops, shoe repair shops.
i. Advertising offices; consumer credit reporting, adjustment and
collection agencies; duplicating, addressing, blueprinting;
photocopying, mailing, mailing list and stenographic services;
equipment rental services, commercial testing laboratories.
j. Automobile repair, automobile services, garages.
k. Establishments rendering amusement and recreational services
including motion picture theaters.
1. Elementary and secondary schools, colleges, universities, pro-
fessional schools, junior colleges, vocational schools, and
public and private libraries. . .
4. All commercial and manufacturing establishments not included in
this order will institute such actions as will result in maximum
reduction of air pollutants from their operation by ceasing, cur-
tailing, or postponing operations which emit air pollutants to the
extent possible without causing injury to persons or damage to
equipment.
5. The use pf motor vehicles is prohibited except in emergencies with
the approval of local or State police.
Part B. SOURCE CURTAILMENT
Any person responsible for the operation of a source of air pollutants
listed below shall take all required control actions for this Emergency
Level.
Source of Air Pollution Control Action
1. Coal or oil-fired electric a. Maximum reduction by utiliza-
power generating facilities. tion of fuels having lowest
ash and sulfur content.
b. Maximum utilization pf mid-
day (12:00 noon to 4:00 p.m.)
atmospheric turbulence for
boiler lancing or soot blow-
ing.
> c. Maximum reduction by diverting
electric power generation to
facilities outside of Emer-
gency Area.
-63-
-------
Coal and oil-fired process
'steam generating facilities.
Manufacturing industries of the
following classifications.
Primary Metals Industries.
Petroleum Refining.
Chemical Industries.
Mineral Processing Industries.
Grain Industry.
Paper and Allied Products.
Maximum reduction by reducing
heat and steam demands to
absolute necessities consis-
tent with preventing equip-
ment damage.
Maximum utilization of mid-
day (12:00 noon to 4:00 p.m.)
atmospheric turbulence for
boiler lancing and soot blow-
ing.
Taking the action called for
in the emergency plan.
Elimination of air pollutants
from manufacturing operations
by ceasing, curtailing, post-
poning or deferring produc-
tion and allied operations to
the extent possible without
causing injury to persons or
damage to eauipment.
Elimination of air pollutants
from trade waste disposal
processes which emit solid
particles, gases, vapors, or
malodorous substances.
Maximum reduction cf heat
load demands for processing.
Maximum utilization of mid-
day (12:00 noon to 4:00 p.m.)
atmospheric turbulence for
boiler lancing or soot blow-
ing.
-64-
-------
APPENDIX A
MAJOR POLLUTANT SOURCES
CHEMICAL PROCESS INDUSTRIES
Adi pic acid
Ammonia
Ammonium nitrate
Carbon black
Charcoal
Chlorine
Detergent and soap
Explosives (TNT and nitrocellulose)
Hydrofluoric acid
Nitric acid
Paint and varnish manufacturing
Phosphoric acid
Phfhalic anhydride
Plastics manufacturing
Printing ink manufacturing
Sodium carbonat2
Sulfuric acid
Synthetic fibers
Synthetic rubber
Terephthalic acid
FOOD AND AGRICULTURAL INDUSTRIES
Alfalfa dehydrating
Ammonium nitrate
Coffee roasting
Cotton ginning
Feed and grain
Fermentation processes
Fertilizers
Fish meal processing
Meat smoke houses
Starch manufacturing
Sugar cane processing
METALLURGICAL INDUSTRIES
Primary metals industries:
Aluminum ore reduction
Copper smelters
Ferroalloy production
Iron and steel mills
Lead smelters
Metallurgical coke manufacturing
Zinc
Secondary metals industries:
Aluminum operations
Brass and bronze smelting .
Ferroalloys
Gray iron foundries
Lead smelting
Magnesium smelting
Steel foundries
Zinc processes
MINERAL PRODUCTS INDUSTRIES
Asphalt roofing
Asphaltic concrete batching
Bricks and related clay refractories
Calcium carbide
Castable refractories
Cement
Ceramic and clay processes
Clay and fly ash .sintering
Coal cleaning
Concrete batching
Fiberglass manufacturing
Frit .manufacturing
Glass manufacturing
Gypsum manufacturing
Lime manufacturing
Mineral wool manufacturing
Paperpulp manufacturing
Perlite manufacturing
Phosphate rock preparation
Rock, gravel, and sand quarrying
and processing
PETROLEUM REFINING AND PETROCHEMICAL
OPERATIONS
WOOD PROCESSING
PETROLEUM STORAGE (Storage tanks
bulk terminals)
MISCELLANEOUS
Fossil fuel steam electric power
plants.
Municipal or equivalent incinerators,
Open burning dumps
-65-
-------
VIRGINIA STATE REGULATIONS
EXCEPT NATIONAL CAPITAL
AIR QUALITY CONTROL REGION
-66-
-------
SECTION I
(1.0) 1.00 DEFINITIONS
1.01 Certain Terms Defined
For the purpose.of subsequent rules and regulations adopted or orders
issued by the State A1r Pollution Control Board under the provisions of
Chapter 1.2, Title 10, Code of Virginia of 1950, as amended, the following
additional words or terms shall have the meanings indicated:
AIR POLLUTION. The presence in the outdoor atmosphere of one or more
substances which are or may be harmful or injurious to human health,
welfare or safety, to animal or plant life, or to property, or which
unreasonably interfere with the enjoyment by the people of life or
property.
AIR POLLUTION EMERGENCY EPISODE. Meteorological conditions, generally
temperature inversion, that reduces the effective volume of air in
which the contaminants are diluted and as a result air pollution may
reach levels that would cause imminent and substantial endangerment to
the health of persons.
AIR POLLUTION CONTROL OFFICER. The agent or official of the local
government designated by the governing body to enforce the local air
pollution control ordinance within the local jurisdiction, or desig-
nated representatives of the State Board. Sometimes referred to as
"Control Officer."
AIR QUALITY. The specific measurement in the ambient air of a partic-.
ular air contaminant at any given time.
AIR TABLE, A source consisting of a device using a gaseous separating
medium for the primary purpose of improving the product quality.
AMBIENT AIR. The surrounding or outside air.
AMBIENT AIR QUALITY STANDARD - PRIMARY. Air quality which, allowing
an adequate margin of safetyv is requisite to protect the public
health,
AMBIENT AIR QUALITY STANDARD - SECONDARY. Air quality which is requi-
site to protect the public welfare from any known or anticipated
adverse effects associated with the presence of air contaminants in
the ambient air.
AREA SOURCE. Any small residential, governmental, institutional, com-
mercial, or industrial fuel combustion operations; onsite waste dis-
posal facility; motor vehicle, aircraft, vessels, cr other transporta-
tion facilities, or other miscellaneous sources.
-67-
-------
BACHARACH SCALE. A graduated scale of shades of gray going from
•Q through 10, with 0 being white and 10 being dense black, developed by
the Bacharach Industrial Instrument Company and used to evaluate particu-
late matter in flue gas samples.
BEEHIVE COKE OVEN. A source consisting of an arched, beehive shaped,
oven in which heat is supplied by partial combustion of the coal with-
in the oven chambers and in which destructive distillation of coal
occurs with no recovery of by-products,
BOARD. The State Air Pollution Control Soard, sometimes hereinafter
referred to as "Board" or "State Board."
BY-PRODUCT COKE PLANT. A source consisting of a plant, oven or device
used in connection with the distillation process to produce coke,
Such plant consists of, but is not limited to, coal and coke handling
equipment, by-product chemical plant and other equipment associated
with and attendant to the coking chambers or ovens making up a single
battery operated and controlled as a single unit.
CHEMICAL FERTILIZER. A compound or mixture whose chief ingredients
are nitrogen, phosphorous, or potassium; or any combination of these
ingredients, and having agronomic value,
COAL PREPARATION. A source consisting of, but not limited to, coal
crushing, screening, washing, drying and air separation operations
used for the purpose of preparing the product for marketing.
COAL REFUSE. Any waste coal, rock, shale, culm, boney, slate, clay
and related materials, associated with or near a coal seam, which are
either brought above ground or otherwise removed from the mine in the
process of mining coal, or which are separated from coal during the
cleaning or preparation operations, provided, however, that coal
refuse shall not mean overburden from strip mining operations or "ock
from mine shafts and mine tunnels.
COAL REFUSE DISPOSAL AREA. Any source or potential source consisting
of any area or plot of land used as a place for dumping, storage, or
disposal of coal refuse. A coal refuse pile must be contained in a
single coal refuse disposal area; however, a coal refuse disposal area
may contain two or more coal refuse piles if the area is so designated.
COAL REFUSE PILE. Any source consisting of any deposit of coal refuse
on or buried in the earth and intended as permanent disposal of or
long-term storage of such material. Continuous deposits of coal
refuse and deposits not separated by an approved method shall be con-
sidered as a single coal refuse pile.
COMBUSTION INSTALLATION. A source consisting of any furnace, oven,
kiln, incinerator, fuel burning equipment, or any other stationary
equipment in which solid, liquid, or gaseous materials are burned,
-63-
-------
COMMENCING NEW SOURCE. Any substantial financial commitment relating
to the design criteria concerning preparation of a new site, or the
beginning of a modification. (See definition of Existing Source, Mod-
ification and New Source.)
CONSTRUCTION. Fabrication, erection, or installation of a source.
CONTAMINANT. Smoke, dust, soot, grime, carbon, or any other particu-
late matter, radioactive matter, noxious gas, acids, fumes, gases,
odor, vapor, or any combination thereof,
CONTROL PROGRAM. Control program submitted to the Board, voluntarily
or upon request of the Board, by the owner of an existing and/or pro-
posed new source, to establish pollution abatement goals and time
schedules to achieve such goals, so as to ensure compliance by the
owner with standards, policies and regulations adopted by the Board.
In accordance with Section 10-17.21 of .the Air Pollution Control Law
of Virginia the control program will include such system and equipment
information and projected operating performance as is required by the
Board for evaluation of the probability of achieving goals of the con-
trol program.
DIRECTOR. The Director or Executive Secretary of the State Air Oollu-
tion Control Board.
DUST. Solid particles projected into the air by natural forces, such
as'wind, volcanic eruption, or earthquake, and by mechnical or manmade
processes such as crushing, grinding, milling, drilling, demolition,
shoveling, conveying, screening, bagging, and sweeping,
EFFLUENT WATER SEPARATOR. Any source consisting of any tank, box,
sump, or other container in which any volatile organic compound float-
ing on or entrained or contained in water entering such tank, box,
sump, or other container is physically separated and removed from such
water prior to outfall, drainage, or recovery of such water,
EXISTING SOURCE. Any source which is in being or is defined as a com-
mencing new source on the effective date of these regulations or on
which construction or modification has been commenced; except that any
such existing source or any emission point from such existing source
(where such source involves multiple emission points) which is modi-
fied after the effective date of these regulations shall be reclassi-
fied as a "new source!" (See definition of Commencing New Source or
Modification, Modification, and New Source.)
FLY ASH. Particulate matter capable of being gas-borne or airborne
and consisting of fused ash and partially burned or unburned fuel or
other material from a combustion installation.
-69-
-------
FOUNDRY CUPOLA. A'shaft type furnace used for melting of metals, con-
sisting of, but not limited to, furnace proper, tuyeres, fans, or
blowers, tapping spout, charging equipment, gas cleaning devices and
other auxilaries.
FOUNDRY OPEN HEARTH. A furnace in which the melting and refining of
metal is accomplished by the application of heat to a saucer type or
shallow hearth in a closed chamber, consisting 'of, but not limited to,
the furnace proper, checkers, flues, and stacks and other auxilaries,
FUEL-BURNING1 EQUIPMENT. A source consisting of any furnace, and all
appurtenances thereto, used in the process of burning fuel for the
primary purpose of producing heat or power by indirect heat transfer.
FUGITIVE DUST. Solid airborne particulate matter or dust emitted
from any source other than a flue or stack,
FUMES. Minute particulate matter generated by the condensation of
vapors from solid matter after volatilization from the molten state,
or generated by sublimation, distillation, calcination or chemical
reaction when these processes create airborne particles.
FURNACE. An enclosed space provided for combustion.
GASOLINE. Any petroleum distillate having a Reid vapor pressure in
the range of four (4) to fifteen (15) pounds at 100 degrees F,
GASES. Formless fluids which, under standard conditions, occupy the
space of enclosure and which can be changed to the liquid or solid
state only by the combined effect of increased pressure and decreased
temperature.
HAZARDOUS AIR CONTAMINANT. An air contaminant to which no ambient air
quality standard is applicable and which may cause, or contribute to,
an increase in mortality or an increase in serious irreversible, or
incapacitating reversible, illness.
HEATING VALUE. The heat released by combustion of one pound of fuel
or other material measured in British Thermal Units (BTU) on an as
received basis.
INCINERATOR. Any source consisting of a furnace and all appurtenances
thereto designed for the destruction of refuse by burning. "Open
Burning" is not considered incineration. For purposes of these rules,
the destruction of any combustible liquid or gaseous material by burn-
ing in a flare or flare stack shall be considered incineration.
MANUFACTURING OPERATION. Any so.urce consisting of any process or com-
bination of physically connected dissimilar processes which is opera-
ted to effect physical and/or chemical changes in an article,
-70-
-------
MATERIALS HANDLING EQUIPMENT. Any source consisting of any equipment
used as a part of a process or combination of processes which does not
effect a physical or chemical change in the material or in an article,
such as, but not limited to, conveyors, elevators, feeders, or weigh-
ers.
MELT TIME. The time in which the metal is melting and available at
the spout or tap hole, excluding any. time the equipment is idle, pre-
heating or preparing for shutdown.
t
MIST. A state of atmospheric obscurity produced by suspended liquid
droplets.
MOBILE SOURCES. Any vehicle, including, but not limited to any motor
vehicle, truck, or other land craft, air craft, locomotive, bus or
ship, rail vehicle, or water craft, which emits or may emit any air
contaminant.
MODIFICATION. Any physical change in, or change in the method of
operation of, a stationary source which increased the amount of any
air contaminant (to which a standard applies) emitted by such source
or which results in the emission of any air contaminant (to which a
standard applies) not previously emitted, except that:
(1) Routine maintenance, repair and replacement shall not be consid-
ered physical changes, and
(2) The fol1owing shall not be considered a change in the method of
operation:
(i) A change in the production rate, if such change does not
increase the emission of contaminants (to which a stand-
ard applies) or which results in the emission of contamin-
ants (to which a standard applies) not previously emitted;
(ii) An increase in hours of operation;
(iii) Use of an alternative fuel or raw material if prior to the
date of these regulations the source was designed to
' accomodate such alternative use. (See definition of Com-
mencing New Source or Modification, Existing Source, and
New Source.)
MOTOR VEHICLE. Any powered conveyance normally licensed by the Vir-
ginia Division of Motor Vehicles.
-71-
-------
NEW SOURCE. Any source the construction or modification of which is
commenced on or after the effective date of these regulations; or for
the specific stationary sources covered by the "Federal Standards of
Performance for New Stationary Sources," the date promulgated will •
apply, and any source relocated from an approved site. (See defini-
tion of Commencing New Source or Modification, Existing Source, and
Modification.)
ODOR. The sensation resulting from stimulation of the human sense of
smell.
OPACITY. The characteristic of
or wholly impervious to rays of
ally refers to the obscurity of
a substance which renders it partially
light. Opacity as used herein gener-
an observer's view.
OPEN BURNING. The burning of any matter in such a manner that the
products of combustion resulting from the burning are emitted directly
into the ambient air without passing through a stack, duct, or chimney.
OWNER. State, a county, sanitary district, municipality, political
subdivision, a public or private institution, corporation, associa-
tion, firm or company organized or existing under the laws of this
or any other state or county, lessee, or person otherwise in posses-
sion of property, any person or individual, or group of persons or
individuals, acting individually or as a group.
PARTICULATE MATTER. Any material, except water in uncombined form,
that is airborne and exists as a liquid or a solid in the atmosphere.
Particulate matter is sometimes hereinafter referred to as "particu-
late."
PERSON. Any individual, corporation, cooperative, partnership, firm,
association, trust, estate, public or private institution, group,
agency, political subdivision of this State or any legal successor,
representative, agent or agency of the foregoing,
PHYSICALLY CONNECTED. Any combination of processes connected by mater-
ials handling equipment and designed for simultaneous complementary
operation.
POINT SOURCE.
i
(1) Any stationary source causing emissions in excess of 100 tons per
year of any contaminant for which there is a national standard in
a region containing an area whose 1970 "urban place" population,
as defined by the U. S. Bureau of the Census, was equal to or
greater than 1 million,
-72-
-------
(2) Any stationary source causing emissions in excess of 25 tons per
year of any contaminant for which there is a national standard in
a region containing an area whose 1970 "urban place" population,
as defined by the U.S. Bureau of the Census, was less than 1
million,
(3) Without regard to amount of emissions, stationary sources such as
those listed in Appendix A.
PROCESS OPERATIONS. Any source consisting of arty.method, form, action,
operation, or treatment of manufacturing or processing, and shall
include any storage or handling of materi-als or products before, dur-
ing or after manufacturing or processing.
PROCESS UNIT. Any step in a manufacturing operation which results in
the emission of particulate matter to the atmosphere.
PROCESS WEIGHT. Total weight of all materials-introduced .into any
source process unit which may cause any emissions of particulate mat-
ter. Process weight includes solid fuels charged, but does not
include liquid and gaseous fuels charged or combustion air for all
fuels.
PROCESS WEIGHT RATE, A rate established as follows:
(a) For continuous or long-run steady-state source operations, the
total.process weight for the entire period.of continuous opera-
tion or for a typical portion thereof, divided by the number of
hours of such period or portion thereof,
(b') For cyclical or batch unit operations, or unit processes, the
total weight for a period that covers a complete operation or an
integral number of cycles, divided by the hours of actual process
operation during such a period.
Where the nature of any process operation or the design of any equip-
ment is such as to permit more than one interpretation of this defin-
ition, the interpretation which results in the minimum value for
allowable'emission shall apply.
PRODUCTION RATE. The weight of final product obtained per hour of
operation. If the rate of product going to storage can vary the pro-
duction rate shall be determined by calculation from the feed rates of
raw material.
REFUSE. Includes garbage, rubbish and trade wastes;
(1) Garbage. Animal and vegetable matter such as that originating in
houses, ikitchens, restaurants, and hotels, produce markets, food
service or processing establishments, greenhouses, and hospitals,
clinics ^r veterinary facilities. •
-73-
-------
(2) Rubbish. Solids not considered to be highly flammable or explos-
ive such as, but not limited to, rags, old clothes, leather, rub-
ber, carpets, wood, excelsior, paper, ashes, tree branches, yard
trimmings, furniture, metal food containers, glass, crockery,
masonry, and other similar materials.
(3) Trade Waste. All solid or liquid material resulting from con-
struction, building operations, or the prosectution of any busi-
ness, trade or industry such as, but not limited to, plastic
products, chemicals, cinders and other forms of solid or liquid
waste materials.
RINGELMANN CHART. A chart published as U. S. Bureau of Mines Informa-
tion Circular 8333, dated May, 1967.
SALVAGE OPERATIONS. Any source consisting of any business, trade or
industry engaged in whole or in part in salvaging or reclaiming any
product or material, such as, but not limited to, reprocessing of used
motor oils, metals, chemicals, shipping containers,. or drums, and
specifically including automobile graveyards and junkyards as defined
in Sec. 33-279.3 of the Code of Virginia of 1950, as amended.
SCREENING EQUIPMENT. .Any equipment or device designed or used for the
purpose of effecting particle size separations of materials.
SMOKE. Small gasborne particulate matter consisting predominantly but
not exclusively of carbon, ash and other material in concentrations
sufficient to form a visible plume.
SOILING INDEX. A measure of the soiling properties of suspended part-
icles in air determined by drawing a measured volume of air through a
known area of Whatman No. 4 filter paper for a measured period of time
(normally two hours) expressed on COH's/1000 linear feet.
SOURCE. Any and all points of origin of emission of air contaminants,
whether privately or publicly owned or operated, or person contribut-
ing to emission of air contaminants. Without limiting the generality
of the foregoing, this term includes all types of business, commercial
and industrial plants, works, shops and stores, and heating and power
plants or stations, buildings and other structures of all types.
STACK OR CHIMNEY. Any flue, conduit, or'duct arranged to conduct
emissions into the atmosphere.
STANDARD CONDITIONS. Dry gas temperature of 70 degrees Fahrenheit
and a gas pressure of 14.7 pounds per square inch absolute.
STANDARD OF PERFORMANCE. Degree of air contaminant emission limita-
tion achieveable through the application of the best system of emis-
sion reduction which the Board determines has been adequately demon-
strated.
-74-
-------
STATIONARY SOURCE. Sources other than mobile sources.
SUBMERGED FILL PIPE. Any fill pipe the discharge opening of which is
entirely submerged when the liquid level is 6 inches above the bottom
of the tank; or when applied to a tank which is loaded from the side,
shall mean that the fill pipe is adequately covered at all times dur-
ing normal working of the tank.
SUPERPHOSPHATE. The product resulting from a controlled reaction
between sulfuric acid and phosphate rock, and having agronomic value.
THERMAL DRIER. A device using fuel burning equipment for the primary
purpose of reducing the moisture content of material?..
VOLATILE ORGANIC COMPOUND. Any compound, containing carbon and hydro-
gen or containing carbon and hydrogen in combination with any other
element, which has a vapor pressure of 2.5 pounds per square inch
absolute or greater under actual storage conditions, (Kerosene and
fuel oil used for household heating have vapor pressures of less than
1.5 pounds per square inch absolute under actual storage conditons;
therefore kerosene and fuel oil are not considered as Volatile Organic
Compounds.)
Unless specifically defined in the Law or in the Regulations of the
Board, the technical terms used by the Board have the meanings common-
ly ascribed to them by recognized authorities.
The defined terms included in this Section (.1.00) are underlined in
the Regulations to emphasize that the term has a defined meaning.
-75-
-------
SECTION II
(2.0) 2.00 Procedures
(2.0) 2.01. Regulations
(a) Establishment
Regulations for the control and abatement of air pollution are
adopted, amended, or repealed only after:
(1) Thorough study of the need and technical requirements by
the Staff of the Board and, when required, by the State
Technical Advisory Committee on Air Pollution.
(2) Public hearing.
(3) Thorough study of comments made by the public.
(4) Adoption by the Board at a public meeting.
(b) Effective Date
No regulation, rule, amendment, or repeal will become effective
until sixty days after adoption by the Board.
(c) Enforcement of Regulations
(1) Whenever the Executive Secretary or his representative has
reason to believe that a violation of any of the Regula-
tions promulgated by the Board has occurred, notice shall
be served on the alleged violator or violators, citing the
Regulation involved and the facts on which the notice is
based, and shall order that necessary corrective action be
•taken within a reasonable time. Such corrective action
shall mean the cessation of the violation, or an agreement
to proceed under an approved control program, or an appli-
cation to the Board for a variance, or a combination of
these actions as directed by the Executive Secretary, The
Executive Secretary may act as the agent of the Board to
obtain legal remedy should any owner fail to comply with
such an order, pursuant to Sec. 10-17.23 of the Code of
Virginia.
(2) Nothing in this section shall prevent the Executive Secre-
tary from making efforts to obtain voluntary compliance
through conference, warning, or other appropriate means.
-76-
-------
(d) Special Orders
The Board shall have the power to issue Special Orders pursuant
to Sec. 10-17.18:1 of the Code of Virginia, as amended.
(e) Hearings
(1) Hearings by the Board may take either of the following
forms:
(i) • The public hearing required before considering rules
and regulations or before considering variances and
accordance with Sec. 10-17.18(b) and (c) of the Code
of Virginia of 1950 as amended.
A public hearing may be held in connection with a
regular or special meeting of the Board. The pro-
cedure for a public hearing shall conform to Sec.
9-6.6 except as modified by Sec. 10-17.18(b) and (c)
of the Code of Virginia, as amended.
(ii) The formal hearing for the determination of viola-
tions and the enforcement or review of its orders,
rules and regulations in accordance with Sec. 10-
17.18(d) of the Code of Virginia of 1950 as amended.
A formal hearing shall be conducted as part of the
business of a regular or special meeting of the
Board. The procedure for a formal hearing shall con-
form to Sec. 9-6.10 through. 9-6.12 except as modified
by Sec.. 10-17.18(d) of the Code of Virginia as amend-
ed.
(2) Record of the Hearings by the Board may take any of the fol-
lowing forms:
(i) Oral statements or.testimony at any hearing may be
stenographically or electronically recorded for tran-
scription to written form.
(,ii) Formal hearings will be recorded by a court reporter.
(3) Availability of Record of the Hearings by the Board.. .
(i) A copy of the transcript of public hearing, if tran-
scribed, will be provided within a reasonable time to
any person upon written request and payment of the
cost; if not transcribed, cost of preparation will
be borne by person making request.
-77-
-------
(ii) Any person desiring a copy of the transcript of for-
mal hearings recorded by a court reporter may make
arrangements directly with the court reporter to pur-
chase such copies.
(2.0) 2.02 Local Ordinances
(a) Ordinances
of
The governing body of any locality proposing to adopt an ordin-
ance, or an.amendment to an existing ordinance, relating to air
pollution shall first obtain the approval of the Board as to the
provisions of any such ordinance or amendment. The provisions
any such ordinance must be as strict as the State or regional
regulations, whichever is applicable. The Board in approving
local ordinances will consider such factors as, but not limited
to,:
(1) The local ordinance must provide for intergovernmental coop-
eration and exchange of information.
i
(2) Information must be provided giving local resources which
will be committed to the enforcement of the proposed local
ordinance and those resources committed must be reasonably
adequate to achieve the goals for which the ordinance is
designed.
Approval of any local ordinance may be withdrawn if the Board
determines that the local ordinance is net as strict as State or
regional regulations. Where an amendment to a State or regional
regulation causes a local ordinance to be less strict a reason-
able (but not more than 6 months) time will be allowed for the
locality to amend its ordinance. A local governing body may
grant a variance to any of its air pollution control ordinances
providing a public hearing is held before doing so. Notice of
public hearings on applications for variances must be advertised
at least fifteen (15) days prior to the date of the hearing.
(b) Reports
Local ordinances will make provision for reporting to the Board
such data as may be required in carrying out its responsibilities
under the Code of Virginia of 1950, as amended, and the Clean Air
Act.. Such reports will include, but are not limited to: moni-
toring data, surveillance programs, procedures for investigation
of complaints, variance hearings, and status of control programs.
-------
(c) Relationship to State or Regional Regulations*
Local ordinances are a supplement to State or Regional regula-
tions' which have been adopted, or may in the future be adopted or
amended, by the Board in accordance with Section 10-17.18 and
10-17.30 of the Code Of Virginia of 1950, as amended. Any pro-
visions of local ordinances which have been approved by the Board
and are more strict than the State or regional regulations shall
take precedence over such regulations within the respective polit-
ical subdivisions. It is the intention of the Board to coordin-
ate activities among the enforcement officers of the various
localities in the enforcement of State and regional regulations.
The Board will also provide technical and other assistance to
local authorities in the development of air quality or emission
standards, in the investigation and study of air pollution prob-
lems, and in the enforcement of local ordinances and State and
regional regulations.
The Board emphasizes its intention to assist in the local
enforcement of local ordinances. The Board reserves the right,
however, to hear appeals from any party aggrieved by any regula-
tion, order or requirement issued with respect to State or
regional regulations, conduct investigations, and issue any
appropriate orders.
(3.0) 2.03 Registration
(a) By June 30, 1972 all persons owning and/or operating any existing
point source shall have registered such source operations with
the Board. The information required for registration shall be
determined by the Board, and shall be provided in the manner
specified by the Board.
(b) Persons owning and/or operating registered sources tc be modified
shall comply with Section 2.06.
(6.0) 2.04 Date .of .Compliance
Except as otherwise specified, compliance with the provisions of these
regulations shall be according to the following schedule.
* Air pollution control is a problem of balancing the equities involved
for the total good of the community. An ill-conceived program to control
air pollutant emissions might well be more damaging than the original
problem. Any regulation should be sufficiently flexible to allow each
community's needs to be served; therefore, it is intended that primary
enforcement of these Regional Regulations should be at the local govern-
ment level.
-79-
-------
(a) New Point Sources. All new point sources constructed after the
effective date of these regulations shall comply as of going into
operation,
(b) Existing Point Sources. All existing point sources not in 'com-
pliance as of the effective date of these regulations, shall be
in compliance by June 30, 1972. If compliance is not possible by
June 30, 1972, the owner or person responsible for the operation
of the installation shall have submitted by this date to the Board
in a form and manner satisfactory to the Board a control program
and schedule to contain a date on or before which full compliance
will be attained. In no event can this date be later than June
30, 1975. If approved by the Board, such date will be the date
on which the person shall comply. The Board may require persons
• submitting such a program to submit periodic reports on progress
in achieving compliance. Reports shall be submitted in form and
manner prescribed by the Executive Secretary or his representa-
tive.
(2.0) 2.05 Action on Control Programs
(a) General
(1) Pursuant to Section 10-17.18(c) of the Virginia Air Pollu-
. tion Control Law, the Board may in its discretion grant var-
iances to any provision of these regulations after a public
hearing in accordance with Section 2.04(a)(l). When acting
upon variances, the Board shall be guided by the provisions
of Sections 10-17.18(e) and (f) of the Virginia Air Pollu-
t-ion Control Law.
(2) Notices of public hearings on applications for variances
shall be advertised in at least one major newspaper of gen-
eral circulation in the Air Quality Control Region affected
at least 30 days prior to the date o^ the hearing.
(b) The owner shall be furnished copies of any objections by the
Board 'to the control program and may submit answers and comments,
in duplicate, to the Board on such objections.
(c) The Board will consider tne owner's answers and comments to any
objections, and shall notify the owner in writing its reasons
for conditional approval, or denial, of the control program.
(d) If'a control program is denied or conditionally approved, an own-
er may, by filing a request within 30 days f^cm the date he
received notice of denial or conditional approval, request a
rehearing which shall be conducted as a formal hearing pursuant
to Section 2.01 (e) of these regulations, from which judicial
review pursuant to Virginia Code Sec. 10-17.23:2 shall be avail-
able.
-80-
-------
(3.0) 2.06 Permit to Construct and/or Modify and Operate
(a) General Requirements
Commencing On the effective date of these regulations, no owner
shall cause or permit the commencement of construction of a new
source or modification of any source without first obtaining from
the Board a permit approving the location and basic pollution con-
trol design criteria of the proposed new source or the modifica-
tion of an existing source and' its operation.
(b) Applications
(1) Application for authority to construct or modify and to op-
erate shall be made in the following manner. If the appli-
cant is a partnership, other than a corporation, a general
partner shall sign the application. If the applicant is a
corporation, association, or cooperative, an officer shall
sign the application. If the applicant is a sole proprie-
torship, the proprietor shall sign the application.
(2) A separate application is required for each source subject
to these regulations. The applicant may be required to fur-
nish additional information deemed necessary by the Board.
(3) Each application shall be signed under oath.
(c) Information Required
(1) Each application for permit.to construction or modify and to
9perate a source shall include such information as may be
required by the Board to analyze the effect of the proposed
source on the ambient air quality standard of the area and
the emission standards which are applicable. The informa-
tion required would include not less than (but is not lim-
ited to) the following:.
(i) siting information
(ii) general description of plant or modifications
(iii) complete information regarding proposed air pollution
control facilities, and an inventory of type and
quantity of contaminants to be emitted.
(d) Standards for Granting Permit
No permit to construct or modify and to operate will be granted
unless the applicant shows to the satisfaction of the Board that:
-81-
-------
(1) The source will be designed and will be constructed or modi-
fied to operate without causing a violation of the applica-
ble regulations.
(2) The source will be designed, built and equipped in accord-
ance with established Federal Standards of Performance, or
if none are applicable, with standards of performance estab-
lished by the Board.
(3) The source, as designed or modified, does not endanger main-
tenance or attainment of any applicable ambient air quality
standard.
(4) The source, if required by the Board, shall be provided with:
(i) sampling ports of a size, number, and location as the
Board may specify,
(ii) safe access to each port,
(iii) instrumentation to monitor and record emission lev-
. els,
(iv) any other sampling and testing facilities the Board
may permit or require.
(5) If the air pollution control facilities do not achieve the
emission limitations stated in Sec. 2.06 (e) temporary oper-
ation and corrections will be in accordance with Sec. 2.06
. (f) (2).
(e) Action on Permit Applications
The actions of the Board shall include:
(1) Confirmation with Section 2.05
(2) Stating in its written approval to the applicant the emis-
sion limitations acceptable to it during performance test-
ing in accordance with Section 2.06 (f).
(f) Performance Testing and Compliance
(1) Within 60 days after placing a new or modified source into
operation, the owner shall schedule tests of the emissions
in the manner acceptable to the Board. These tests maty be
witnessed by a representative of the Board. .
(2) In case the performance does not meet the emission limita-
tions specified in Section 2.06 (e)(2), the Executive Secre-
tary or his representative may allow a reasonable period for
-82-
-------
adjustment. If such adjustment is not successful, the owner
shall, upon instruction by the Executive Secretary or his
representative:
(i) submit a control program designed to meet the emis-
sion limitation specified in Section 2.06 (e) (2).
(ii) limit production rate to meet the emission limitation
specified in Section 2.06 (e) (2).
(g) 'Exceptions
A permit to construct and operate will not be required for:
(1) The installation or alteration of an air contaminant detect-
or, air contaminant recorder, combustion controller, or com-
, bustion shutoff controls.
(2) Air conditioning or ventilating systems not designed to
remove air contaminant generated by or released from such
equipment.
(3) Low capacity fuel burning equipment, such as: process smoke
house generators; devices that use gas as a fuel for air
conditioning or heating water; heating devices using solid
fuel for space heating with a BTU input of less than 350,000
BTU per hour; or heating devices using gas or oil fuel for
space heating with a BTU input of "less than 1,000,000 BTU
per hour.
(4)' Internal combustion engines under 3000.H.P.
(5) Laboratory equipment used exclusively for chemical or physi-
cal analysis.
(5) Other sources of minor significance specified by the Board.
(h) Suspension or Revocation of Permit
(1) The Board may, after a formal hearing pursuant to Sec. 2.01
(e) (i i) of the regulations, suspend or revoke a permit for
failure to comply with the terms of the permit.
(2). Suspension or revocation of a permit to operate shall become
effective upon actual receipt of the suspension or revoca-
tion of the permit by the Board by the holder of the permit.
(13.0) 2.07 Monitoring, Records, Reporting
(a) The Board may require the owner or operator of any source to:
install, use, and maintain monitoring equipment .and sample the
-03-
-------
emission in accordance with methods approved by the Board; and
maintain records and make periodic emission reports as required
in Sec. 2.07 (b).
(b) Records and reports, as the Board shall prescribe, pertaining to
air contaminants or fuel, shall be recorded, compiled, and sub- '
mitted on forms furnished by the Board.
(9.0) 2.08 Sampling and Testing Methods
(a) All tests shall be made and the results calculated in accordance
with test procedures approved by the Board. All tests shall be
made under the direction of persons qualified by training and/or
experience.
(b) The Board may test emissions of air contaminants from any source.
Upon request .of the Board the person responsible for the source
to be tested shall provide necessary holes in stacks or ducts and
such other safe and proper sampling and testing facilities,
exclusive of instruments and sensing devices, as may be necessary
for proper determination of the emission of air contaminants.
This requirement shall be in addition to Section 2.07.
(7.0) 2.09 Reporting of Control Equipment Maintenance or Malfunction
(a) In case cf shutdown and/or bypassing of air pollution control
equipment for necessary scheduled maintenance, the intent to
shutdown such equipment shall be reported to the Executive Secre-
tary or his representative and local air pollution control agen-
cy, if any, at least twenty-four (24^ hours prior to the planned
shutdown. Such prior notice shall include, but is not limited
to, the following:
(1) Identification of the specific facility to be taken out of
service as well as its location and permit and/cr registra-
tion number.
(2) The expected length of time that the air pollution control
equipment will be out of service.
(3) The nature and quantity of emissions of air contaminants
likely to occur during the shutdown period.
(4) Measures that will be taken to minimize the length of the
shutdown or to negate the effect of the outage of the air
pollution control equipment.
(b) In the event that any emission source air pollution control
equipment, or related facility, fails in a manner that may cause
an increase in the emission of air contaminants in violation of
-84-
-------
applicable regulations of the Board the person responsible for
such equipment shall immediately notify the Executive Secretary
or his representative by telephone of such failure or breakdown
and provide a written statement giving all pertinent facts,
including the estimated duration of the breakdown. When the con-
dition causing the failure or breakdown has been corrected and
the equipment is again in operation, the Executive Secretary or
his representative shall be notified.
(c) Nothing in the Section 2.09 (a) and (b) shall be construed as
giving an owner the right to temporarily increase the emission
of contaminants or to use as a means of circumventing the emis-
sion standards otherwise provided in these regulations.
(2.0) 2.10 Circumvention
No owner shall cause or permit the installation or use of any device or
any means which, without resulting in reduction in the. total amount of air
contaminant emitted, conceals or dilutes an emission of air contaminant
which would .otherwise violate these regulations (this section does not
prohibit the construction of a stack or chimney).
(2.0) 2.11 Severability
If any provision of these regulations or the application thereof to any
person or circumstances is held to be invalid, such invalidity shall not
affect other provisions or application of any other part of these regula-
tions which can be given effect without the invalid provisions of appli-
cation, and to this end the provisions of these regulations and the vari-
ous applications thereof are declared to be severable.
-85-
-------
SECTION III
(4.0) 3.00 AIR QUALITY STANDARDS
(2.0) 3.01 General Provisions
(a) Air quality standards are required to assure that.ambient concen-
trations of air contaminants are consistent with established cri-
teria and shall serve as the basis for effective and reasonable
management of the air resources of the Commonwealth of Virginia.
(b) At such time as additional pertinent information becomes availa-
ble with respect to applicable air quality criteria, such infor-
mation shall be considered and the air quality standards revised
accordingly.
(c) The absence of a specific air quality standard shall not preclude
action by the Board to control contaminants to assure protection,
safety, welfare, and comfort of the people of the Commonwealth of
. Virginia.
(d) The air quality standards established herein shall apply to all
areas outside a source property line.
(e) Where applicable, all measurements of air quality shall be cor-
rected to a reference temperature of 70° F and to a reference
pressure of 14.7 pounds per square inch absolute.
(4.1) 3.02 Particulate Matter.
(a) Primary air quality standards are
(1) 75 micrograms per cubic meter - annual geometric mean.
(2.) '260 micrograms per cubic meter - maximum 24 hr. concentra-
tion not to be exceeded more than once per year.
(b) Secondary air quality standards are
(1) 60 micrograms per cubic meter - annual geometric mean.
(2) 150 micrograms per cubic meter - maximum 24 hr. concentra-
tion not to be exceeded more than once per year.
(c) Particulate matter shall be determined by the high volume method
as described in Appendix B, Part 410, Chapter IV, Title 42, Code
of Federal Regulations, or by an equivalent method.
-86-
-------
(4.2) 3.03 Sulfur Oxides (Sulfur Dioxide)
(a) Primary air quality standards are
(1) 80 micrograms per cubic meter (0.03 ppm) - annual arithmetic
mean.
(2) ,36S micrograms per cubic meter (0.14 ppm) - maximum 24 hr. .
concentration not to be exceeded more than once per year.
(b) Secondary air quality standards are
(1) 60 micrograms per cubic meter (0.02 ppm) - annual arithmetic
mean.
(2) 260 micrograms per cubic meter (0.10 ppm) - maximum 24 hr.
concentration not to be exceeded more than once per year.
(3) 1,300 micrograms per cubic meter (0.50 ppm) - maximum 3 hr.
concentration not to be exceeded more than once per year.
(c) Sulfur dioxide shall be measured by the pararosaniline method as
described in Appendix A, Part 410, Chapter IV, Title 42, Code of
Federal Regulations or by an equivalent method.
(4.5) 3.04 Carbon Monoxide.
(a) Primary and secondary air quality standards are
(1) 10 milligrams per cubic meter (9ppm) - maximum 8 hr. concen-
tration not to be exceeded more than once per year.
(2) 40 milligrams per cubic meter (35 ppm) - maximum 1 hr. con-
centration not to be exceeded more than once per year.
(b) Carbon monoxide shall be measured by the nondispersive infrared
spectrometry method, as described in Appendix C, Part 410, Chap-
ter IV, Title 42, Code of Federal Regulations, or by an equiva-
lent method.
(4.6) 3.05 Photochemical Oxidants.
(a) Primary and secondary air quality standard is 160 micrograms per
cubic meter (0.08 ppm) - maximum 1 hr. concentration not to be
\ exceeded more than once per year.
(b) Photochemical oxidants shall be measured and corrected for inter-
ferences due to nitrogen oxides and sulfur dioxide by the method
described in Appendix D, Part 410, Chapter IV, Title 42, Code of-
Federal Regulations, or by an equivalent method.
-87-
-------
(4.4) 3.06 Hydrocarbons.
(a) Primary and secondary air quality standard for hydrocarbons is
160 micrograms per cubic meter (0.24 ppm) - maximum 3 hr. concen-
tration (6-9 AM) not to be exceeded more than once per year.
(b) Hydrocarbons shall be measured and corrected for methane by the
method described in Appendix E, Part 410, Chapter IV, Title 42*
Code of Federal Regulations, or by an equivalent method.
(c) The hydrocarbon air quality standard is for use as a guide in
determining hydrocarbon emission control required to achieve the
photochemical oxidant standard.
(4.3) 3.07 Nitrogen Dioxide.
(a) Primary and secondary air quality standard is 100 micrograms per
cubic meter (0.05 ppm) - annual arithmetic mean.
(b) Nitrogen dioxide shall be measured by the method described in
Appendix F, Part 410, Chapter IV, Title 42, Cede of Federal Regu-
lations, or by an equivalent method.
(4.1) . 3.08 Dustfall.
Geometric mean of monthly values for four consecutive months at any one
location shall not exceed 15 tons per square mile per month (metric equiv-
alent: 0.525 milligrams per square centimeter per month or 5.25 grams per
square meter per month) including background concentration.
-88-
-------
SECTION IV
(Rule 1)
(51.13) 4.01.00 OPEN BURNING
(51.13) 4.01.01 Prohibition of Open Burning.
(a) No owper shall cause, suffer, allow or permit open burning of
refuse except as provided in paragraph 4.01.02; however, such
exceptions shall not allow the burning of rubber tires, asphaltic
materials, crankcase oil, impregnated wood, or similar materials
which produce dense smoke nor shall such exceptions permit any
owner to conduct salvage operations by open burning.
(b) Open burning under the exceptions of paragraph 4,01.02 does not
exempt or excuse a person from the consequences, damages or
injuries which may result from such complying with all applicable
laws, ordinances, regulations, and orders of the governmental
entities having jurisdiction, even though the open burning is
conducted in compliance with paragraph 4.01.02.
(c) All open burning permitted under paragraph 4.01.02, Exceptions,
shall be immediately terminated in any region upon declaration of
a step of the Air Pollution Emergency Episode as described in
section VI.
(2.0) 4.01.02 Exceptions. . .
If no smoke or fly ash nuisance is created, open burning is permitted as
follows:
(a) In the performance of an official duty of any public health or
safety officer, after notification of the Executive Secretary or
his representative and local air pollution control agency, if
any, if the fire is necessary to prevent or abate irregular or
non-recurring hazards falling into one or more of the following
situations:
' (1) Prevention of a fire hazard which cannot be abated by other
means.
(2) Destruction of deteriorated or unused explosives, munitions*
and certain hazardous chemicals on government or designated
private property, in accordance with recognized procedures.
»
(3) Protection of public health.
(b) For training and instruction of (1) public fire fighters under
the supervision of the designated fire marshal, (2) industrial
-89-
-------
in-house fire fighting personnel with clearance from the local
fire fighting authority.
(c) In the recognized practices of forest management, after notifica- '
tion of the state forester or his representative or the Executive
Secretary or his representative and local air pollution control
agency, if any, when such burning is undertaken in compliance '
with the forestry practices recommended by the State Division of
Forestry, Department of Conservation and Economic Development,
provided the following conditions are met:
(1) The burning shall be done only when there is good ventilation
or when the wind is away from any built-up area or primary
highway.
(2) The location of the burning shall be no closer than the fol-
lowing limits: 1000 feet from any dwelling located in a
predominantly residential area; and 1 mile from any military,
commercial or private airfield.
(3) At no time shall the fire be left unattended.
(d) In the recognized practices of agriculture, after notification of
the county agent or the district forester or the Executive Secre-
tary or his representative and local air pollution control agency,
if any, provided the following conditions are met:
(1) The burning shall be done only when there is good ventila-
tion or when the wind is away from any built-up area or
primary highway.
(2) The location of the burning shall be no closer than the fol-
lowing limits: 1000 feet from any dwelling located in a
predominantly residential area; and 1 mile from any military,
commercial or private airfield.
(3) At no time shall the fire be left unattended.
(e) For cooking of food, recreational purposes, and ceremonial occa-
sions.
!
(f) For operation of craft exhibits and pageants of historical sig-
nificance.
(g) For warming of construction or other workers by use of salamanders
or other devices providing good combustion.
(h) For burning of n-aaves, while not encouraged, in approved contain-
ers in those areas where provision for public or private collec-
tion of leaves is not available.
-90-
-------
(i) For burning'of ordinary household trash by householders, while
hot encouraged, in those areas where provision for public or pri-
vate collection of trash is not available provided that:
(1) Burning is done in an approved container.
(2) Dead animals and animal waste are not burned.
(j) By a railroad company to clear its right-of-way of dead vegeta-
tion, when such burning is approved by and carried out under the
direction of the Division of Forestry, Department of Conservation
and Economic Development if the following conditions are met:
(1) When the burning is within independent cities and towns and
Standard Statistical Metropolitan Areas, as determined by
the U. S. Bureau of the'Census, the railroad company must
obtain a variance from the local air pollution control agen-1
cy, if any, or the Board. A copy of each variance must be
forwarded to the Executive Secretary or his representative
by the railroad company before the burning is commenced.
(2) Other information, as required by the Board, must be submit-
ted.
(3) At no time shall the fire be left unattended.
(k) For land clearing for the construction or modification of roads
and highways, parking areas, railroad tracks, pipelines, power
facilities or communication lines or any other operation which
can meet the requirements and is approved by the Board if the
following -conditions are met:
(1) Trunks of felled merchantable timber with a diameter greater
than four (4) inches shall be cut into saw log or pulp wood
lengths and disposed of by means other than open burning.
Stumps to be burned must contain no more than two (2) feet
of trunk.
(2) Burning shall be performed only when there is good ventila-
tion or when the wind direction is away from any built-up
area.
(3) Burning shall be performed at locations along the right-of-
way, easement, or within the boundaries of the property at
the greatest distance practicable from dwellings, highways,
and military, commercial and private airfields.'
(4) At no time sha«11 the fire be left unattended.
-91-
-------
(5) When the burning is within independent cities and towns and
Standard Statistical Metropolitan Areas, as determined by
the U. S. Bureau of the Census, those responsible for the
burning .must obtain a variance from the local air pollution
control agency, if any, or the Board. A copy of each vari-
ance must be forwarded to the Executive Secretary or his
representative before the burning is commenced.
(1) For land clearing for the development or modification of build-
ings or building areas if the following conditions are met:
(1) Trunks of felled merchantable timber with a diameter greater
than four (4) inches shall be cut into saw log, pulp wood,
or fire place length and disposed of by means other than
open burning. Stumps to be burned must contain no more than
2 feet of tree trunk.
(2) The burning shall be done only when there is good ventila-
tion or when the wind direction is away from any built-up
area.
(3) The location of the burning shall be no closer than the fol-
lowing limits: 1000 feet from any dwelling located in a
predominantly residential area other than a dwelling or
structure located on the property on which the burning is
conducted; % mile from a major highway as indicated on State
Highway map; and 1 mile from any military, commerical or
private airfield.
(4) At no time shall the fire be left unattended.
(5) When the burning is within independent cities and towns and
Standard Statistical Metropolitan Areas, as determined by
the U. S. Bureau of the Census, those responsible for the
burning must obtain a variance from the "local air pollution
control, agency, if any., or the Bp_a_rd_. A copy of each vari-
ance must be forwarded to the Executive Secretary or his
representative before the burning is commenced.
(2.0) 4.01.03 Exclusion.
This rule does not apply to open burning using devices or methods specif-
ically designed to provide good combustion performance under the following
conditions:
\
(a) Visible emissions shall comply with pertinent rules.
(b) All devices or methods under this Section 4.01.03 shall be
approved by the Executive Secretary or his representative and
local air pollution control agency, if any, prior to installation.
-92-
-------
SECTION IV
(Rule 2)
(50.1.2) 4.02.00 SMOKE OR OTHER VISIBLE EMISSIONS - STATIONARY SOURCES
(50.1.2) 4.02.01 Prohibition of Smoke or Other Visible Emissions
(a) No owner shall cause, suffer, allow or permit the discharge into
the outdoor atmosphere from any single point of emission from a
source any air contaminant which is
(1) Darker in shade than smoke designated as No. 1 on the
Ringelmann Chart, or
(2) Of such opacity as to obscure an observer's view to a degree
• • greater than does smoke designated as No. 1 on the Ringel-
mann Chart.
(b) No owner shall cause, suffer, allow, or permit the discharge of
dust, fumes, gases, mist, vapors, or any combination thereof to
escape from a building or equipment in such a manner and amount
as to cause a nuisance or to violate any regulation.
(2.0) 4.02.02 Exceptions
(a) If it can be proven that emissions discharging from a single
point of emission are in compliance with applicable regulations
on particulate emissions for the specific source in question, the
Board may modify the requirements of this regulation.
(b) When starting a new fire or blowing tubes or cleaning a fire box,
a person may discharge into the atmosphere from any single point
of emission, emissions of a shade or density not darker than No,
3 on the Ringelmann Chart or 60 percent opacity for brief peri-
ods.
(c) The limits of section 4.02.01 shall not apply when the opacity
of the visible emission is due to the presence of unccmbined
water.
(2.0) 4.02.03 Traffic Hazard
No person shall discharge from any source whatsoever such quantities of
air contaminants, uncombined water, or other materials which may cause a
traffic hazard.
-93-
-------
SECTION IV
(Rule 3)
(51.5) 4.03.00 PARTICULATE EMISSION FROM EXISTING FUEL BURNING EQUIPMENT
(51.5) 4.03.01 Emission Standards for Furnaces
(a) No owner shall allow to be emitted into the outdoor atmosphere
from any fuel burning equipment or to pass a convenient measuring
point near the stack outlet, particulate matter in the flue gases
to exceed the appropriate following standard:
(1) For operations with total heat input less than twenty-five
million (25 x 10°) BTU per hour, the maximum allowable emis-
sion shall be 0.4 pounds of particulate per million BTU
input.
(2) For operations with total heat input between twenty-five
million (25 x 106) and ten billion (10,000 x 106) BTU per
hour, -the maximum allowable emission, in pounds per million
BTU input, E, shall be determined by the following equation:
E = 0.8425 H-°-231d, where H is the total 'heat'in millions
of BTU per hour.
(3) For operations with total heat input in excess of ten bil-
lion (10,000 x 106) BTU per hou^, the maximum allowable
emission shall be 0.10 pounds of particulate per million >BTU
input.
(4) Figure 4.3.1 illustrates the above emission standards.
(b) For purposes of this regulation, the heat input shall be the
aggregate heat content of all fuels whose products of combustion
'pass through a stack or stacks. The heat input value used shall
be the equipment manufacturer's or designer's guarantee maximum
input, or maximum continuous heat input, or maximum continuous
heat input determined by test, whichever is greater. The total
heat input of all fuel burning units at a plant or on a premise
normally operated simultaneously shall be used for determining
the maximum allowable amount of particulate matter which may be
em'i tted.
(9.0) 4.03.02 Emission Testing
Emission tests relating to this rule apply to recognized ASME methods.
The approved methods are the ASME Test Code for Dust Separating Apparatus
(PTC-21-1941) and the ASME Test Code for Determining Concentrations in Gas
Streams (PTC-27-1957). Procedures may be adjusted or changed, by the Exec-
utive Director tc suit specific sampling conditions or needs based upon
-94-
-------
good practice, judgement and experience. When such tests are adjusted,
consideration shall be given to the effect of such change on established
emission standards.
(2.0) 4.03.03 Exemptions
All fuel burning equipment using solid fuel for space and domestic water
heating with a BTU input of less than 350,000 BTU per hour shall be exempt
from this rule.
All fuel burning equipment using gas or oil for space and domestic water
heating with a BTU input of less than 1,000,000 BTU per hour shall be
exempt from th'is rule.
-95-
-------
FIGURE 4.3.1
ALLOWABLE PARTICULAR EMISSIONS FROM FUEL BURNING EQUIPMENT
UD
cri
t
l/l
-o
c
O
Q-
1.0
fo
.3
I 1 t 1 I 1 ft tfj « .?...!.. t..t
t 4 t « i « • COO i
mooo i t 4 «•»«• i
.05
H = Total Heat Input in Millions of BTU per Hour
f. - Maximum Emissions in Pounds of Particulate
Matter per Million BTU Heat Input.
E - 0.8425 H ~°'2314 (H - 25 to 10,000) -
miflMfflfltEE
1000
10.000
loo.ooo
H (10° BTU/Hour)
.
-------
SECTION IV
(Rule 4)
(50.1.1) 4.04.00 PARTICULATE MATTER
(50.1.1) 4.04.01 Restriction of Emission of Particulate Matter from Manufacturing
Operation
(a) Ge.neral Provisions
(1) Unless covered by a specific regulation for a particular
process in a subsequent section of this Rule no person shall
cause, suffer, allow or permit the emission of particulate
matter in any one hour from any process unit in excess of
the amount shown in Table 4.4.1 for the process weight rate
allocated to such process unit.
(2) Emission tests relating to this-rule shall be made by gener-
ally recognized standards or methods of measurement. Meth-
ods can be found in the ASME Test Code for Dust Separating
Apparatus (PTU-21-1941) and the ASME Test Code for Determin-
ing Concentrations in Gas Streams (PTC-27-1957) but these
may be adjusted or changed by the Board to suit specific
sampling conditions or needs based upon good practice,
judgment and experience. When such tests are adjusted,
consideration shall be given to the effect of such change on
established emission standards.
(3) Interpolation of the data in Table 4.4.1 for process weight
rates up to 60,000 Ib/hr shall be accomplished by use of the
equation E =4.10 pO.67, anc| interpolation and extrapolation
of the data for process weight rates in excess of 60,COO
Ib/hr shall be accomplished by use of the equation E = 55.0
pO.ll _ 40, where E = rate of emission in Ib/hr and P = pro-
cess weight rate in tons/hr.
(4) Process weight per hour is the total weight of all materials
introduced into any specific process unit that may cause any
discharge of particulate matter. Solid fuels charged will
1 be considered as part of the process weight, but liquid and
gaseous fuels and combustion air will not. For a cyclical
or batch operation, the process weight per hour will be de-
rived by dividing the total process weight by the number of
hours in one complete operation from tTTeTeginning of any
given process to the completion thereof, excluding any time
during which the equipment is not in service. For
uous. operations, the process weight per hour will be derived
by dividing the process weight for a typical period of time.
-97-
-------
(5). Where the nature of any process or operation or the design
of any equipment is such as to permit more than one inter-
pretation of this regulation, the interpretation that
results in the minimum value for allowable emission shall
apply.
(6) For purposes of this regulation, the total process weight
for each individual process unit at a plant or premises
shall be used for determining the maximum allowable emission
of particulate matter that passes through a stack or stacks.
(7) This rule does not apply to fuel burning equipment, as
.defined in Section I.
i i i
(b) Particulate Emission Standards, Specific Industries
(1) Particulate Emission Standards for Petroleum Refining - Cat-
alytic Cracking Units - no person shall cause, suffer, allow
.or permit particulate emissions from existing petroleum cat-
alytic cracking units in excess of 0.05 per cent of the rate
of catalyst recirculation within the unit.
(2) Particulate Emission Standards for Hot Mix Asphalt Plants -
No person shall cause, suffer, allow or permit particulate
matter resulting from the operation of a hot mix asphalt
plant to be discharged into the atmosphere in excess of the
rates set forth in the following table:
Aggregate Process Rate Maximum Allowable Emission of
Tons/Hour Particulate Matter in Lbs./Hour
5 10
10 15
15 22
20 28
25 31
50 33
' 100 37
150 40
200 43
250 47
300 and above 50-
Linear interpolation shall be used for rates between any two con-
secutive rates stated in the preceding table.
-93-
-------
TABLE 4,4.1
PROCESS WEIGHT
Lb/Hr.
100 '
200
400
600
800
1000
1500
2000
2500 '
3000
3500
4000
5000
6000
7000
8000
9000
10000
12000
16000
18000
20000
30000
40000
50000
60000
70000
80000
90000
100000
120000
140000
160000
200000
1000000
2000000
6000000
RATE
Tons/Hr.
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
6.00
8.00
9.00
10.00
15.00
20.00
25.00
30.00
35.00
40.00
45.00
50.00
60.00
70.00
80.00
100.00
500.00
1000.00
3000.00
MAXIMUM
ALLOWABLE EMISSION RATE
Lb/Hr.
0.551
0.877
1.40.
1,83
2.22
2.58
3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
10.4
11.2
12.0
13.6
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43.6 .
1 ^* * w j
44.6
46.3
47.8
49.1
51.3
69.0
77 6
* ' • \J
92.7
-99-
-------
All such airborne participate matter emanating from the
yards, sidings or roads of such operations shall be con-
trolled as stipulated in Paragraph 4.04.02.
(3) Paniculate Emission Standard for Chemical Fertilizer Manu-
facturing Plants - No person shall cause, suffer, allow, or
permit particulate matter caused by chemical fertilizer manu-
facturing operations, which utilize recycle and physically
connected dissimilar processes as a part of the manufacturing
operation to be discharged from any stack or outlet into the
atmosphere in excess of the rates shown in the following
table:
TABLE 4.4.2
Process Weight Rate
Tons/Hr.(*)
15
30
60
90
120
150
180
Rate of Emission
Lb/H.r.
19.
30.
42.
46.
49.0
51.2
53.1
* The
for chemical
process weight rate entry to be used in the above table
fertilizer manufacturing processes shall be con-
sidered as the production rate, or for chemical fertilizer
operations involving physically connected dissimilar pro-
cesses shall be the sum of the process weight rates of each
of the dissimilar processes. The materials handling and
screening equipment shall not be considered processes for the
determination of process weight rate. For a process weight
rate between any two consecutive rates stated in the pre-
ceding table, maximum allowable emissions of particulate
matter may be calculated by the following formula:
For process weight rates up to 45 tons per hour -
E = 4.10/jM0-57
V3 I
or for process weight rates over 45 tons per hour ••
E = 55.0/ ZP>1°-11-40
Where E = Emission Rate in Lb/Hr. and P = Process Rate in
Tons/Hr.
-100-
-------
When one manufacturing operation, or combination of physically
connected processes, is vented through separate stacks., the
allowable stack emission rate for each stack shall be such' that
the sum-of the emission rates for all of the stacks from that
operation is equal to the allowable rates from that operation
vented through a single stack. For purpose of emission testing,
samples taken of separate stacks within a three-day periodj on
the same fertilizer grade,, would be considered as simultaneous
for the purpose of determining total operation emissions.
(4) Particulate Emission Standard for Pulp and Paper Mills -
No person shall cause, suffer, allow or permit particulate
matter resulting from the production of pulp and paper to
be discharged from stacks or chimneys into the atmosphere
in excess of the following:
Maximum Allowable Emission of
Particulate in Lbs./Equivalent
Ton of Air Dried Pulp
All Recovery Furnace Stacks 3.0
All Dissolving Tank Vents 0.75
All Lime Kiln Stacks 1.0
All Slaker Tank Vents . 0.3
(5) Particulate Emission Standards for Production and Handling of
Materials in Sand, Gravel and Crushed Stone Operations - No
pet-son shall cause, suffer, allow or permit particulate
emissions from the production and handling of materials in
sand, gravel and crushed stone operations in excess of Table
4.4.1.'
Where it is practical to measure the emissions, .the emission
•shall not exceed the limits established by Table 4.4.1. All
such airborne particulate matter emanating from the yards,
sidings or roads of such operations shall be considered fug-
itive dust, and shall be controlled as stipulated in Paragraph,
4.04.02. All crushers shall be fitted with liquid sprays or
other appropriate systems which effectively limits the escape
of airborne dust. Vibrating and shaker screens handling dry
'materials shall be enclosed or fitted with a collector
system capable of releasing less than 0.05 grains per stand-
ard cubic foot. All feeders, elevators, conveyors, transfer
points, discharge points and loading points shall be equip-
ped with collectors, sprays or other means when necessary to
minimize the escape of dust.
(6) Particulate Emission Standard for Coal Thermal Drying Opera-
tions of a Coal Preparation Plant - No person shall cause,
suffer, allow or permit particulate matter to be vented into
• the open air from any thermal drier exhaust in excess of the
following limitations:
-101-
-------
Maximum Allowable
Process Wts. Emission of Participate
Tons/Hr. Matter in Lbs./Hr.
100 or less ' 45
200 or above 105
For any process rate between the two process rates stated in
the above table, limitations shall be as determined by lin-
interpolation.
Any stack venting thermal drier exhaust gases into the open
air shall contain flow straightening devices or a vertical
run of sufficient length to establish flow patterns consis-
tent with acceptable stack sampling procedures.
(7) P articulate Emission Standards for an Air Table Operation of
a Coal Preparation Plant - No person shall cause, suffer,
allow or permit particulate matter to be. vented into the
open air from any air table exhaust in excess of 0.05 grains
per standard cubic foot of exhaust gases. In no event shall
the emission rate exceed the appropriate limit of Table
4.4.1. No person shall circumvent this Regulation by adding
additional gas to any table or group of air exhausts for the
purpose of reducing the grain loading. Any stack venting
air table exhaust gases into the open air shall contain flow
straightening devices or a vertical run of sufficient length
to establish flow patterns consistent with acceptable stack
sampling procedures.
(8) Particulate Emission Standards for Portland Cement Plants -
No person shall cause, suffer, allow or permit the parti cu-
1 a te emissions from cement plants to exceed the emission
limits contained in Table 4.4.1 of this rule.
(9) Particulate Emission for Plants Engaged in the Manufacturing
of Wood Products - No person shall cause, suffer, allow or
permit particulate matter, caused by the working or sanding
of wood, to be discharged from any stack, vent or building
into the atmosphere without providing, as a minimum for its
collection, adequate duct work and properly designed col-
lectors, or such other devices as approved by the Board.
Particulate emissions shall conform to Table 4.4.1. If pro-
cess loading rate cannot be calculated, the grain loading
shall not exceed 0.05 grains per standard cubic foot of
exhaust gas.
(10) ' Particulate Emission Standard from Secondary Metal Opera- •
tions - No person shall cai'se, suffer, allow or permit par-
-10?-
-------
tlculate emissions from secondary metal operations as listed
in Appendix A into the open air in excess of the quantity as
listed in Table 4.4.3.
i
TABLE 4.4.3
ALLOWABLE MASS EMISSION RATE
FROM EXISTING SECONDARY METAL OPERATIONS
Process Weight Rate Stack Emission Rate
1,000 or less 3.05
2,000 4.70
3,000 6.35
4,000 8.00
5,000 9.05
5,000 . 11.30
7,000 12.90
8,000 14.30
9,000 15.50
10,000 16.65
12,000 18.70
16,000 21.60
18,000 22.80
20,000 24.00
30,000 30.00
40,000 36.00
50,000 or more 42.00
For a process weight between any two consecutive process
weights stated in this table, the emission limitation shall
be determined by linear interpolation.
The permissible emission rates as shown in the table shall
apply during the melt time but shall not apply during the
'time of preheat or preparing for shutdown. The exemption
for preheating and shutdown shall be limited to two twenty
minute periods in a given eight-hour period for each furnace
unit for existing equipment.
(11) Particulate Emission Standard for Light Weight Aggregate
Industry - No person shall cause, suffer, allow or permit
'the particulate emissions from light weight aggregate plants
to exceed the emission limits in Table 4.4.4.
-103-
-------
TABLE 4.4.4
ALLOWABLE MASS EMISSION RATE
FROM EXISTING LIGHT WEIGHT AGGREGATE PLANTS
Process Weight Rate
(Tons/Hr.)
Emission Rate
(Lb./Hr.)
Process Weight Rate
(Tons/Hr.)
Emission Rate
(Lb./Hr.)
.05
.10
.20
.30 :
.40
.50
.75
1.0
1.25
1.50
1.75
2.0
.176
.351
.702
1.053
1.404
1.76
2.64
3.51
4.38
5.27
6.15
7.02
4.0
6,0
8.0
10.0
15
20
25
30
35
40
45
50
14.0
21.1
28.1
35.1
52.7
70.2
87.8
105
123
140
158
176
For a process weight rate between any two consecutive rates in the above
table or for rates over 50 tons per hour, the maximum allowable emission
of particul.ate matter may be calculated by the following formula
E = 3.51P
Where E = Emission Rate in Ib./hr. and P = Process Weight Rate in tons/hr.
(12) Particulate Emission Standard for Feed Manufacturing Opera-
tions - No person shall cause, suffer, allow or permit the
particulate emissions from Feed Manufacturing plants to
exceed the emission limits in Table 4.4.1.
(i) The process weight rate entry to be used in the Table
4.4.1 for heed Manufacturing process units shall be
considered as the production rate.
(ii) The process weight rate entry to be used in Table
4.4.1 for Feed Manufacturing Operations involving
physically connected dissimilar processes shall be
the sum of the process weight rates of each of the
dissimilar processes. The materials handling equip-
ment shall not be considered processes for determin-
ation of process rate.
(c) Toxic Materials. (Reserve for future Emission Standards.)
(d) Corrosive Materials. (Reserve for future Emission Standards:) '
-104-
-------
(50.1) 4.04.02 Control-of Fugitive Dust
No person shall cause, suffer, allow or permit any materials to be hand-
led, transported, or stored; or a building, its appurtenances, or a road
to be used, constructed, altered, repaired or demolished without taking
reasonable precautions to prevent partleulate matter from becoming air-
' borne. Such reasonable precautions may include, but are not limited to
the following:
(a) Use, where possible, water or chemicals for control dust in the
demolition of existing building or structures, construction oper-
ations, the grading of roads, or the clearing of land;
(b) Application of asphalt, oil, water or suitable chemicals on dirt
roads, materials stockpiles, and other sufaces which can create
airborne dusts;
(c) Installation and use of hoods, fans and fabric filters to enclose
and vent the handling of dusty materials. Adequate containment
methods shall be employed during sandblasting or other similar
methods.
(d) 'Open equipment for conveying or transporting materials likely to
become airborne which would create objectionable air pollution
shall be covered, or treated in an equally effective manner at
all times when in motion.
(e) The paving of roadways and the.ir maintenance in a clean condi-
tion.
(f) The prompt removal of earth or other material from paved streets
which earth or other material has been transported thereto by
trucking or earth moving equipment or erosion by water.
-105-
-------
SECTION IV
(Rule 5)
(50.0) 4.05.00 GASEOUS CONTAMINANTS
(50.0) 4.05.01 Prohibition of Gaseous Contaminant Emissions.
No owner shall' allow the operation of combustion i nstal1ati on and process
equipment so as to disperse into the outdoor atmosphere gaseous contamin-
ant emissions in such quantities or concentrations as to injure human,
plant or animal life, or cause a condition of air pollution.
(50.2) 4.05.02 Sulfur Containing Gases and Compounds.
No person shall cause suffer, allow or permit the emission from any source
operation an in-stack sulfur dioxide concentration exceeding 2000 ppm by
volume except as provided in the following:
(a) Control of the Emission of Sulfur Dioxide From Combustion Instal-
latians.
(1) No person shall cause, suffer, allow, or permit sulfur diox-
ide caused by the combustion of fuel to be discharged from
all combustion installations at a given location in excess
of the quantity shown on Graph 4.5.1 Curve A. In those
regions, districts, or locations where attainment of the
ambient air quality standards is required, the Board may
.require emission performance in accordance with Graph 4.5.1
Curve B and/or Curve C.
(b) Ocean Going Vessels.
(2) (Reserve for future regulations.)
(c) Sulfuric Acid Plants
(1) The sulfur dioxide in the tail gases from any existing sul-
furic acid manufacturing operation shall not exceed a con-
centration of 2000 parts per million by volume and a mass
emission rate of 27 pounds per ton of 100% acid produced
when elemental sulfur is used for feed material, or 3500
ppm by volume and a mass emission rate of 45 pounds per ton
of 100% acid produced when other raw materials such as
recycled spent acid and ores are used as feed. These emis-
sion levels may be exceeded for a period not longer than 24
hours during start-up.
(2) All plants must reduce acid mist emissions to not more than
5.0 mg. H2S04 including uncombined $03 per standard cubic
foot.
-106-
-------
Graph 4.5.1
ALLOWABLE SULFUR OXIDES EMISSIONS
FROM COMBUSTION INSTALLATION
z in6
o 10
i—
— i
_j
S 105
TOTAL ALLOWABLE SULFUR OXIDES EMISSIONS FROM COMBUSTION If
£iS^ '| POUNDS/HOUR SULFUR OXIDES
m
00 GO OO GO
II II II CX)
3=»
— i — • ro oo
• • • m
o en cr> o — ' — ' • —? — '
CTi 00 -£» — ' O O O O
o ro co -P>
7^ 7^ 7^ ^
— 1
I
— 1
--i — p.
1
1 1
.t
:: • 1
l_ i
I h-
•^ ^ j
-jiX ^
^y
r
i
I ; (
l i
— 1 i i i
i
7
te::
'1 ! | t =t
1
I
!
|-|1 1 ' I ' I'1-
1 i i
1
i
1
'!
1
i
i
i
i 1 i
i t T
1- V
J .X ^ i i
iX
r
.±1 — 4!
_-. 1 . — p
1 1 |
f "[ 1
1 ! 1 1 '
•4-y - + ' . '
4-- ' 1 !
•i-1- '. \ ;
! ' '
t
It
I 1 '
1 [t
!
t '
J
M!
i
f
—
rTl
i i
! J
h~4""?r
^r ^
£-/.
4- -*j- jf \f ^
[ jtf ^ A
J*\ \fft
$$f-
1 '
f
'
i . • i
i i ;
HI
1
•t-- i; i
"*~T!
LL
it
1
1
1
J
/i
-£-,
'Jr \ 1 1
i
i
1 ;
f
I
1
- — t r ! i
i
T~ '
•
1 i
1
f
i
1 1 • 1
1 1
1 1 *u~^*
'
j
"^ — i jxj/fj/
''y^y
^>r >
^ Jr
£/
J
' \JF\ -p
V\ '
T
TTT
f- i 1 j | -
L
1 - ' 'r 1
—
1
I
i' •
' 1 1 ' i
f
|
i r
1
-^-H-
-r-rH , — i JXJy
jf"*
» f
\££
fJT-fJ
I
1 i
' .
! 1 !
- ^ f
. s \ .
7
>— | 1 1 1
— ^
l_ i
t
r i
.qi— i i i +-
=LL
4n—
T
•*4^"1" ! \ '
i
I'".
i i
_L _ —
t
t::i A
t^2 R
Ff?1 B
fea^ c
Z 3
•
1 [ | «••
• i i
«_ '
1 ' . : i
t i • T"
,
t
r
i ' T"
HE '
i , i
i
1 10 102 103 104 105
TOTAL CAPACITY RATING OF. COMBUSTION INSTALLATION
BTU X 10VHOUR •
FHE FOLLOWING EQUATIONS: WHERE:
S = Allowable emissions of sulfur
oxides in pounds/hour.
K = Total capacity rating of comb
tion installation in BTU x 10 /hour.
-107-
-------
(d) Hydrogen Sulfide
No person shall cause or permit the continuing emission of any
refiner'y process gas stream or any other process gas stream that
contains H2S in concentration greater than 15 grains per 100
cubic feet of gas without burning or removing H2S in excess of
this concentration provided that S02 emissions in burning opera-
tion meet the requirements of Paragraph 4.05.02.
(e) Sulfur Recovery Operation
The sulfur dioxide in the tail gases from existing sulfur recov-
ery operations shall not exceed a concentration of 8000 parts
per'million by volume and shall not exceed a mass emission rate
as specified in Table 4.5.1.
TABLE 4.5.1
ALLOWABLE MASS EMISSION RATE OF SULFUR DIOXIDE
FOR SULFUR RECOVERY OPERATIONS
Sulfur S02
Production Rate Mass Emission Rate
(tons / day) (Ibs. / hr.)
50 415
1.00 830
200 1660
300 2490
400 3320
500 4150
(f) Kraft Pulp Mill Total Reduced Sulfur Emissions
(1) All existing Kraft pulp mills shall submit to the Board a
control program including detailed methods to reduce total
, reduced sulfur emissions using the best practicable tech-
nology for control of the total reduced sulfur emissions
from recovery furnaces, lime kilns, digesters and multiple
effect evaporators. The daily average value per quarter
shall not exceed 1.2 pounds of total reduced sulfur as H2S
per ton of equivalent air dry pulp from the above sources.
(2) Semi-Chemical Pulp Mills
(a) (Reserve for future inclusion.)
-103-
-------
(g) Lightweight Aggregate
No person shall cause, suffer, allow or permit sulfur dioxide
caused by the kilning in light weight aggregate in excess of the
quantity shown on Graph 4.5.1 Curve A.
(h) Non-Ferrous Smelter
No person shall cause or permit emissions of sulfur oxides from
primary non-ferrous smelters to exceed that set forth according
to the following equations.
•Copper Smelters : Y = 0.2X
Zinc Smelters : Y = 0.564X0'85
Lead Smelters : Y = 0.98X0'77
Where X is the total sulfur fed to the smelter in Lb/hr and Y is
the allowable sulfur emissions in Ib/hr. Note: This rule in
effect, requires removal of about 90 percent of the input-sulfur
to the smelter.
(50.4) 4.05.03 Control of Hydrocarbon Emissions From Stationary Sources
(a) General Provision
The application of this section shall apply only to those areas
or locations where the photo-chemical oxidant levels are desig-
nated by the board as being excessive because of health effects
or otner reasons.
(b) Storage of Volatile Organic Compounds
No person shall place, store, or hold in any stationary tank res-
evoir or other container of more than 65,000 gallons capacity any
volatile organic compounds unless such tank, reservoir, or other
container is a pressure tank capable of maintaining working pres-
sures 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:
x
(1) A floating roof, consisting of a pontoon type, double deck
type roof or internal floating cover, which will rest on the
surface of the liquid contents and be equipped with a clo-
, sure seal or seals to close the space between the roof edge
and tank wall. This control equipment shall not be permit-
ted if the volatile organic compounds have a vapor pressure
of 17.0 pounds per square inch absolute or greater at 100°F
• or 15 pounds Reid vapor pressure, whichever is limiting.
-109-
-------
•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 atmosphere and with all
tank gauging and sampling devices gas-tight except when
gauging or sampling is taking place.
(3) Other equipment or means of equal efficiency for purpose of
air pollution control as may be approved by the Board.
(4) No person shall place, store, or hold in any stationary
storage vessel of more than 250 gallons capacity any vola-
tile.organic compound unless such vessel is equipped to be
filled through a submerged fill pipe or is a pressure tank
as described in paragraph 4.05.03(b)(l) or is fitted with a
vapor recovery system as described in Section 4.05.03(b)(2).
(c) Volatile Organic Compounds Loading Facilities
(1) No person shall load any volatile organic compounds into any
tank truck or trailer from any loading facility handling
more than 50,000 gallons per day unless such loading facil-
ity is equipped with a vapor collection and disposal system,
or use of a filling procedure of equal or better emission
control efficiency, or their equivalent, properly installed,
in good working order, and in operation.
(2) No person shall load any volatile organic compounds into any
tank truck, or trailer from any loading facility handling
more than 50,000 gallons per day of such compounds, unless
such loading facility is equipped as set forth in 4.05.03
(c-)(l). If a vapor collection and disposal system is util-
ized, the loading arm shall be equipped with a vapor col-
lection adaptor, pneumatic, hydraulic, or other mechanical
means which will provide a vapor tight seal between the
adaptor and the hatch. A means shall be provided to prevent
liquid organic compounds drainage from the loading device
when it is removed from the hatch of any tank truck or
trailer. When loading is effected through means other than
the hatches, all loading lines shall be equipped with fit-
tings which make vapor-tight connections and which close
1 automatically when disconnected.
(d) Volatile Organic Compound Water Separation
No person shall use any compartment of any single or multiple
compartment equipment designed to separate water from only
0110-
-------
volatile organic compounds which compartment received effluent
water containing 200 gallons a day or more of volatile organic
compound from any equipment processing, refining, treating,
storfng, or handling volatile organic compounds unless such com-
partment is equipped with one of the following vapor loss control
devices, properly installed, in good working order, and in opera-
ti on:
(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, consisting of a
pontoon type, double deck type roof, or internal floating
cover, which will rest on the surface of the contents and
be equipped with a closure seal or seals to close the space
between the roof edge and container wall. All gauging and
sampling devices shall be gas-tight except when gauging or
sampling is taking place.
(3) A container equipped with a vapor recovery system consisting
of a vapor gathering system capable of collecting the hydro-
carbon vapors and gases discharged and a vapor disposal sys-
tem capable of processing such hydrocarbon vapors and gases
so as to prevent their emission to the atmosphere and with
all container gauging and sampling devices gas-tight except
when gauging or sampling is taking place.
(4) A container having other equipment of equal efficiency for
purposes of air pollution control as may be approved by the
Board.
(e) Pumps and Compressors
All pumps and compressors handling volatile organic compounds
shall have mechanical seals or other equipment of equal effi-
ciency for purposes of air pollution control as may be approved
by the Board.
(f) Waste Gas Disposal
(1) No person shall emit a waste gas stream from any plant pro-
ducing ethylene for chemical feed stock or utilizing ethyl-
ene as a raw material into the atmosphere in excess of 40
pounds per day unless the waste gas stream is properly burn-
ed at 1300° for 0.3 seconds or greater in a.direct-flame
afterburner or removed by other methods of comparable effi-
ciency,
-in-
-------
(2) No person shall continuously emit hydrocarbon gases to the
atmosphere from a vapor blowdown system unless these gases
are burned by smokeless flares, or an equally effective con-
trol device as approved by the Board. This rule is not
intended to apply to accidental, emergency, or other infre-
quent emissions of hydrocarbons, needed for safe operation
of equipment and processes.
(g) Organic Solvents
(1) A person shall not discharge more than 15 pounds of organic.
materials to the atmosphere in any one day from any article,
machine, equipment or other contrivance in which any organic
solvent or any material containing organic solvent comes
into contact with flame or is baked, heat-cured, or heat-
polymerized, in the presence of oxygen unless such a dis-
charge represents an overall reduction of 85% or greater.
(2) A person shall not discharge more than 40 pounds of organic
material into the atmosphere in any one day from any arti-
cle, machine, equipment, or other contrivance used under
conditions other than described in paragraph 4.05.03 (g) (1),
'for employing, applying, evaporating, or drying and photo-
chemically reactive solvent, as defined in paragraph 4.05.03
(g) (11), or material containing such solvent, unless all
organic materials discharged from such article, machine,
equipment or other contrivance have been reduced by at least
85% overall. The limitations prescribed in this paragraph
shall not apply to any complying industrial surface coating,
which means any paint, lacquer, varnish, ink, adhesive or
other surface coating material which emits to the atmosphere
organic compounds which are not photochemically reactive as
defined in Section 4.05.03 (g) (11). In determing percent-
ages for water-based paints, the quantity of water shall be
1 .in the calculation of percentage.
(3) Any series of articles, machines, equipment or other contri-
,vances designed for processing a continuously moving sheet,
web, strip, or wire which is subjected to.any combination of
operations described in paragraph 4.05.03 (g) (1) or 4.05.03
(g) (2) involving any photochemically reactive solvent, as
defined in paragraph 4.05.03 (g) (11) or material containing
such solvent, shall be subject to compliance with paragraph
4.05.03 (g) (2). Where only non-photochemically reactive
solvents are employed or applied, and where any portion or
portions of said series of articles, machines, equipment, or
other contrivances involves operations described in para-
graph 4.05.03 (g) (1) said portions shall be collectively
subject to compliance with paragraph 4.05.03 (g) (1).
-112-
-------
(4) Emissions of organic materials to the atmosphere from the
clean-up with photochemically reactive solvents, as defined
in paragraph 4.05.03 (g) (11), article, machine, equipment
or other contrivances described in paragraph 4.05.03 (g)
(1)', 4.05..03 (g)'(2),.or 4.05.03 (g) (3), shall be included
with the other emissions of organic materials from that
article, machine, equipment or other contrivance for
determining compliance with these regulations.
(5) Emissions of organic materials to the atmosphere as a
result of spontaneously continuing drying of products for
the1 first 12 hours after their removal from any article,
machine, equipment, or other contrivance described in para-
graphs 4.05.03 (g) (1), 4.05.03 (g) (2), or 4.05.03 (g) (3),
shall be included with other emissions of organic materials
from that article, machine, equipment, or other contrivance,
for determining compliance with this rule.
(5) Emissions of organic materials into the atmosphere required
to be controlled by paragraph 4.05.03 (g) (1), 4.05.03 (g)
(2), or 4.05.03 (g) (3) shall be reduced by:
(a) Incineration, provided that 90 percent or more of the
carbon in the organic material being incinerated is
oxidized to carbon dioxide, or
(b) Absorption, or
(c) Processing in a manner determined by the Board to be
not less effective than (a) or (b) above.
(7) 'A person incinerating, absorbing, or otherwise processing
organic materials pursuant to this rule shall provide, prop-
erly install-, and maintain in. calibration, in good working
order and in operation, devices as specified in the permit
to construct or the control program to operate, or as speci-
fied by the Board, for indicating temperatures, pressures,
rates of flow, or other operating conditions necessary to
determine the degree and effectiveness of air pollution
c'ontrol.
(8) Any person using organic solvents or any materials contain-
ing organic solvents shall supply the Executive Secretary
>or his representative upon request and in the manner and
form prescribed by him, written evidence of the chemical
composition, physical properties, and amount consumed for
each organic solvent used.
(9) The provisions of this rule shall, not apply to:
-113-
-------
(a) The manufacture of organic solvents, or the transport
or storage of organic solvents or materials containing
organic solvents.
(b) The use of equipment for which other requirements are
specified by 4.05.03 (a), 4.05.03 (b), or 4.05.03 (c)
• cr which are exempt from air pollution control require
ments by said rules.
(c) The spraying or application with other equipment of
insecticides, pesticides, or herbicides.
(d) rfce employment, application, evaporation, or drying of
* saturated halogenated hydrocarbons, or organic com-
pounds in which all olefinic groups contain 3 or more
halogen atoms.
(e) Development or research laboratory operation involving
the use of photochemically reactive solvents.
(f) The use of any material, in any article, machine,
equipment or other contrivance described in 4.05.03 (g)
(1), 4.05.03 (g)(2), 4.05.03 (g)(3), or 4.05.03 (g)(4)
if:
(i) the volatile content of such material consists
only of water and organic solvents, and
(ii) the organic solvents comprise not more than 20
percent of said volatile content, and
(iii) the volatile content is not photochemical ly
reactive as defined in 4.05.03 (g)(ll).
(10) For the purpose of this rule, organic solvents include dilu-
ents and thinners and are defined as organic materials which
are liquids at standard conditions and which are used as
dissolvers, viscosity reducers, or cleaning agents.
.(11) For the purpose of this rule, a photochemically reactive
solvent is any solvent with an aggregate of more than 20
percent of its total volume composed of chemical compounds
classified below or which exceeds any of the following indi-
• vidual percentage composition limitations, referred to the
total volume of solvent:
(a) A combination of hydrocarbons, alcohols, aldehydes,
esters, ethers, or ketones having an olefinic or cyclo-
olefinic type of unsaturation: 5 percent,
A combination of aromatic hydrocarbons: 20 percent.
-114-
-------
(12) For the purpose of this rule, organic materials are defined
as chemical compounds of carbon excluding carbon monoxide*
carbon dioxide, carbonic acid, metallic carbides, metallic
carbonates, and ammonium carbonate.
(h) Architectural Coatings
(1) A person shall not sell or offer for sale in containers
exceeding one gallon capacity, any architectural coating
containing photochemically reactive solvent, as defined in
4.05.03 (g)(ll).
(2) A person shall not employ, apply, evaporate, or dry any
architectural coating, purchased in containers exceeding one
gallon capacity, containing photochemically reactive sol-
vent, as defined in 4.05.03 (g)(ll).
(3) A person shall not thin or dilute any architectural coating
with a photochemically reactive solvent, as 'defined in
4.05.03 (g)(ll).
(4) For the purpose of this rule, an architectural coating is
defined as a coating used for residential, commercial build-
ings and their appurtenances, or industrial, buildings.
(i) Disposal and Evaporation of Solvents
(1) A person shall not, during any one day, dispose of a total
of more than lh gallons of any such photochemically reactive
solvent by any means which will permit the evaporation of.
such solvent into the atmosphere.
(50.5) v, 4.05.04 Control of Carbon Monoxide Emissions
(a) General Provision
The application of this section shall apply only to those areas •
of locations where carbon monoxide levels are designated by the
Board to have adverse health or other effects.
(b) No person shall emit carbon monoxide waste gas stream from any
catalyst regeneration of a petroleum cracking system, petroleum
cpker, or other petroleum process or from the operation of a
grey iron cupola, blast furnace, or basic oxygen steel furnace
into the atmosphere unless (1) the waste gas stream is burned at
1300 degrees F. for 0.3 seconds or greater in a direct-flame
1 afterburner or boiler equipped with a combustion control indica-
tor or'(2) other devices or procedures are employed that reduce
carbon monoxide emissions to levels comparable with a boiler or
afterburner installation.
-115-
-------
(50.3) 4.05.05 Control of Nitrogen Oxides Emissions
(a) Nitric Acid Manufacture
No person shall cause, suffer, allow or permit the emission of
nitrogen oxides from nitric acid manufacturing plants into the
outdoor atmosphere in excess of 5.5 pounds per ton of 100% acid
produced.
(b) ' Existing Fuel-Burning Equipment
No person shall cause, suffer, allow or permit nitrogen oxides
caused by the combustion of fuel in existing fuel-burning equip-
ment to be discharged into the outdoor atmosphere in excess of:
(c)
average
(1) 0.20 Ib. per million BTU heat input, maximum 2-hoUr
expressed as N02 when gaseous fuel is burned.
(2) 0.30 Ib. per million BTU heat input, maximum 2-hour average
expressed as N0£ when liquid fuel is burned.
(3) 0.70 Ib. per million BTU heat input, maximum 2-hour average
expressed as N02 when solid fuel is burned.
All furnaces with less than 250 million (250 x 106) BTU per hour
input shall be excluded from 4.05.05(b).
Emission tests relating to this rule apply to recognized ASME
methods. The approved method may be found in the Annual Book of
ASTM Standards: Standard Method of Test for OXIDES OF NITROGEN
IN GASEOUS COMBUSTION PRODUCTS, D1608-60 (Reapproved 1967). This
test method may be adjusted or changed by the Executive Director
to suit specific sampling conditions or needs based upon good
practices, judgment and experience. When such adjustments are
made, consideration shall be given to the effect of such change
on emission standards.
-116-
-------
SECTION IV
(Rule 6)
(50.6) 4.06.00 ODOR.-
(2.0) 4.06.01 Scope.
This regulation shall apply to all operations that produce odorous emis-
sions.
t
(50.6) 4.06.02 Prohibition of Objectionable Odor.
No person shall cause, suffer, allow or permit any source to discharge air
contaminants which cause an objectionable odor without employing adequate
measures for the control of odorous emissions, as may be approved by the
Board.
(2.0) 4.06.03 Determination of Violation.
The determination of objectionable odor is to be made after a thorough
review of all data relating to the situation which may be obtained by an
investigation directed by the Executive Secretary, and by holding a public
hearing to hear complaints.as prescribed in these regulations. The
investigation may include use of an odor panel survey and/or other methods
approved by the Board.
(2.0) 4.06.04 Exception.
This Rule is not intended to be applied to accidental or other infrequent
emissions of odors.
-117-
-------
SECTION IV
(Rule 7)
(51.9) 4.07.00 INCINERATORS .
(51.9) 4.07.01 Prohibition of Smoke, Participates and Odor Emissions from Incin-
erators.
No owner shall cause, suffer, allow or permit the operation of an inciner-
ator so as to1discharge into the oufdoor atmosphere smoke, particulate, or
odor sufficient to cause a condition of air pollution.
(2.0) 4.07.02 Determination of Violation
(a) Smoke From Incinerators.
Smoke emitted into the atmosphere from any incinerator shall not
be darker in shade than No. 1 on the Ringelmann Chart; or of such
opaci by as to obscure an observer's view to a degree greater than
does smoke designated as Mo. 1 on the Ringelmann Chart (when used
as a measure of opacity).
(b) Odor From Incinerators.
Incinerators, including all associated equipment and grounds,
shall be designed, operated and maintained so as to prevent the
emissions of objectionable odors.
(51.9) 4.07.03 Emission Standards for Existing Incinerators
Incinerators shall not discharge particulate matter in excess of 0.14
grains per standard cubic foot of dry flue gas corrected to 12% carbon
dioxide (without the contribution of auxiliary fuel). This limitation
shall apply when the incinerator is operating at design capacity.
(51.9) 4.07.04 Flue-Fed Incinerators
Flue-fed incinerators (those which use the same flue for feeding the ref-
use and discharging the gases of combustion) are prohibited for inciner-
ation usage.
(9.0) 4.07.05 Emission Testing
Emission tests relating to this rule apply to recognized ASME methods. The
approved methods are the ASME Test Code for Dust-Separating Apparatus (PTC-
21-1941) and the ASME Test Code for Determining Dust Concentrations in Gas
Streams. Procedures may be adjusted or changed by the Executive Director
to suit specific sampling conditions or needs based on good practice,
judgment and experience. When such tests are adjusted, consideration shall
be given to the effect of such change on established emission standards.
-113-
-------
SECTION IV
(Rule 8)
(51.2) 4.08.00 COAL REFUSE DISPOSAL AREAS
i ,
(2.0) 4.08.01 Purpose.
This regulation is adopted for the purpose of preventing, abating, and
controlling air pollution caused by air contaminants discharged from burn-
ing coal refuse disposal areas.
(51.2) 4.08.02 Operation of New Coal Refuse Disposal Areas Prohibited Without
Prior Approval.
The operation of a coal refuse disposal area, not used for the purpose of
coal refuse disposal prior to the effective date of this regulations, is
prohibited unless the procedures for disposal have been submitted to and
approved by the Board prior to disposal. Application is to be made on
forms provided by the Board.
(51.2) 4.08.03 Operation of Existing Coal Refuse Disposal Areas Prohibited With-
out Approval.
Within ninety (90) days after (a) the effective date of this regulation or
(b) the application forms become available, whichever is later, or within
such additional period as the Board may authorize, any person, firm, cor--
Deration or association who desires to continue the operation of an exist-
ing coal refuse disposal area shall make application to the Board, on
forms provided by it, for approval to continue operation of such area.
The operation of an existing coal refuse disposal area may continue while
the application is under consideration by the Board and thereafter unless
disapproved by the Board.
(51.2) 4.08.04 Guideline for Approval of Coal Refuse Disposal Areas.
(a) The procedure outlined in this section will be used as a basis
for approval of coal refuse disposal areas; in no case shall
refuse and like materials be deposited on or near any coal refuse
disposal area. .
(b) Site Selection
(1) Strip pits are considered to be suitable sites for the d'is-'
posal of coal refuse. The overburden (i.e., rock clay,
earth, etc. which must be removed to expose the coal seam)
at strip pits are a ready source of seal for the refuse pile.
Such piles when sealed with overburden are not likely to
ignite becuase the spoil cover will prevent air from circu-
lating within the pile and will also provide the pile with
a blanket of non-combustible material.
-119-
-------
(2) Hillsides are not desirable sites for the disposal of coal
refuse. If a hillside is to be used as a disposal site for
coal refuse, the site should be prepared so as to minimize
the possibility of shifting of the pile and ignition of the
coal refuse.
(3) Sites should be selected to minimize the possibility of
stream pollution.
(c) Site Preparation •»
,(1). All vegetation should be cleaned from a strip 10 feet wide
adjacent to and surrounding the coal refuse pile. This will
prevent accidental ignition of the coal refuse from brush
fires.
(2) In case of strip pit sites, all coal outcrops should be pro-
tected by covering with a layer of clay or overburden
(3) If an old coal refuse pile is to be reactivated and made
into a disposal area, a barrier of clay or other inert
material should be placed between the old pile and the new
coal refuse.
(4) If a pile is to be located on a hillside, disposal proce-
dures to prevent the slippage of coal refuse must be employ-
ed. One procedure to be considered is the construction of
a properly designed trench at the base of the pile.
(5) If there is a possibility of stream pollution from drainage,
run-off water should be diverted around the pile by trench-
, ing.
(d) Pile Construction
The following guidelines are to apply unless it can be demonstra-
ted, to the satisfaction of the Board, that the proposed tech-
niques in the application will achieve the same objectives.
i '
(1) Depositing of coal refuse on the coal refuse pile in layers
is desirable. Each layer should be compacted with coal ref-
hauling trucks or other suitable equipment in order to
reduce voids and minimize air circulation within the pile.
(2) Coal refuse should be deposited in layers not exceeding two
feet in depth when practical. If the coal refuse is highly
"reactive" each layer should be covered with a six-inch
layer of clay or other inert material.
-120-
-------
(3) The sides of the pile, when possible, should have a slope
that will allow access for heavy equipment to the pile, if
needed. It will also permit better compaction of the sides
and reduce air penetration into the .pile.
(4) The slopes (sides) of the pile should be sealed With clay or
other sealing materials so as to prevent the flow of air
• within the pile. The seal should be applied as the pile is
constructed. The seal should be planted with rapid growing
vegetation to prevent erosion.
(5) If mine rock cannot be adequately compacted when mixed or if
it may cause size segregation when mixed with coal refuse,
it should be disposed of in separate rock piles.
(6) Drainage ditches for run-off water should be provided to
prevent erosion of the face of the pile.
(7) A pile should not be constructed by dumping coal refuse down
the side of a hill, nor should a pile be extended by dumping
down its side. A pile constructed in this manner cannot be
compacted during construction. Also, this procedure will
create many voids because of size segregation. If the coal
refuse is highly reactive, the air circulation through the
voids is likely to cause the coal refuse to ignite.
(8) Where practical hillside piles should be formed by terrac-
. ing.
(9) If an aerial tramway, truck or belt conveyor is to be used
to dispose of reactive coal refuse, bulldozers or other
suitable equipment should be used to spread and compact the
coal refuse.
(e) Trouble-Shooting
(1) The coal refuse piles should be patrolled frequently to (a)
insure that proper disposal procedures are being followed
and (b) detect "hot spots."
(2) As soon as a hot spot is detected, it should be either dug
out and spread to cool or intensively compacted. This will
minimize the chances of ignition.
(3) i If the coal refuse has ignited, the burning portion of the,
pile should be isolated if possible from the rest of the
pile by cutting a trench to the surface of the earth. The
face of the non-burning portion should be covered with inert
' sealing material. The fire in the burning section of the
pile should be promptly brought under control by one of the
following, or any other effective method:
-121-
-------
(a) 'Use water in conjunction with a shovel or bulldozer'to
dig out, level and extinguish the burning coal refuse.
i
(b) Level the top, grade the slopes, compact intensively
and seal the entire surface of the pile.
(c) Seal the pile with a fine cleaning plant refuse (silt)
and/or other suitable material.
(d) Grout with slurry of water and limestone or cement.
(51.2) 4.08.05 Deliberate Ignition of a Coal Refuse Disposal Area is Prohibited.
\
The deliberate ignition of a coal refuse disposal area or the ignition of
any materials on such an area by any person or persons is prohibited.
(51.2) 4.08.06 Burning Coal Refuse Disposal Areas.
(a) Each burning coal refuse disposal area which causes air pollution
will be considered on an individual basis by the Board. After
considering the established facts and circumstances of the par-
ticular case, the Board will determine and may order the effect-
uation of those air pollution control measures which the Board
deems reasonably adequate for each such coal refuse disposal
area;
(b) With respect to all other burning coal refuse disposal areas; the
person responsible for such coal refuse disposal areas or the
land on which such coal refuse disposal areas are located shall
use due diligence to control air pollution from such coal refuse
disposal areas. The Board shall determine what constitutes due
diligence;
(c) When the Board determines that air pollution exists or may be
created, the person responsible for such coal refuse disposal
area or the owner of the land on which such coal refuse disposal
area is located shall submit to the Board a satisfactory program
setting forth methods and procedures to eliminate, prevent, or
reduce such air pollution. This program shall be submitted with-
in thirty (30) days after notification and shall contain suffi-
cient information to establish that such program can be executed
with due diligence.
(2.0) 4.08.07 Exceptions.
Nothing in this regulation is intended to permit any practice which is a
violation of any statute, ordinance or regulation.
-122-
-------
SECTION IV
(Rule 9)
(51.2) 4.09.00 COKE OVENS AND CHARCOAL KILNS
(51.2) 4.09.01 Beehive Coke Ovens.
Beehive coke ovens should be constructed so that all emissions, both gas-
eous and particular matter, are directed through an air pollution control
device prior tso emission to the ambient atmosphere. The control device
should also provide for the complete combustion of all gases emitted from
the oven.
(51.2) 4.09.02 Other By-Product Coke Ovens.
(a) All by-product coke oven batteries shall have air pollution con-
trol equipment which will control contaminant emissions according
to pertinent rules.
(b) All by-product coke ovens shall control visible emissions to the
extent provided in 4.02.01 (Rule 2) except as.follows:
(1) When charging and discharging coke ovens, emissions of smoke
the shade or appearance of which is not as dark as or darker
than No, 2 on the Ringelmann Chart or the equivalent opacity
of that Ringelmann Chart number shall be permitted for a
period or periods aggregating no more than two (2) minutes
per .charge and one (1) minute per push.
(51.2) 4.09.03 Charcoal Kilns.
(a) Charcoal kilns should be constructed so that all emissions, both
gaseous and particulate matter, are directed through an air pol-
lution control device prior to emission to the ambient atmosphere
The control device should provide for the complete combustion of •
all gases from, the kiln.
(b) Screening and crushing areas, loading and transfer points or any
other place within the plant where fugitive dust may originate
should be enclosed and controlled according to Section 4.04.02
(Rule 4).
(c) Any air pollution control device used should provide for control
of air contaminant emissions according to pertinent rules.
-123-
-------
SECTION IV
(Rule 10)
(12.0) 4.10.00 MOBILE "SOURCE EMISSIONS
(12.0) 4.10.01 Prohibition of Acts Affecting Emissions from Motor Vehicles
(a) No person shall cause, suffer, allow, or permit the removal, dis-
connection or disabling of a crankcase emission control system or
device, exhaust emission control system or device, fuel evapora-
tive emission control system or device, or other air pollution
co'ntrol system or device which has been installed on a motor
vehicle in accordance with federal laws and regulations while
such motor vehicle is operating in the Commonwealth of Virginia.
(b) Nor shall any person defeat the design purpose of any'such motor
vehicle pollution control system or device by installing therein
or thereto any part or component which is not a standard factory
replacement part or component of the device.
(c) Nor shall the motor vehicle or its engine be operated with the
motor vehicle pollution control system or device removed or
otherwise rendered inoperable.
(d) The provisions of the foregoing paragraphs under 4.10.01 shall
not prohibit or prevent shop adjustments and/or replacements of
equipment for maintenance or repair or the conversion of engines
to low polluting fuels, such as, but not limited to, natural gas
or propane.
(12.0) 4.10.02 Visible Emission for Mobile Source
(50.1.2)
(a) No person shall cause or permit the emission of visible air
contaminants from gasoline-powered mobile sources for longer than
5 consecutive seconds after the engine has been brought up to
operation temperature.
(b) No person shall cause or permit the emission of visible air con-
taminants from diesel-powered mobile sources of a density equal to
or greater than 20 percent opacity for longer than 5 consecutive
seconds after the engine has been brought up to operating temper-
ature.
(c) The propulsion engine of a commercial vehicle parked in a busi-
ness or residential area shall not be left running more than three
(31) minutes after the vehicle is parked, except when the propul-
sion engine provides auxiliary service other than for heating or
air conditioning.
-124-
-------
(2.0) 4.10.03 Determination of Violations
(a) (Reserve for future system of inspections)
-125-
-------
SECTION VI
(8.0) 6.00 AIR POLLUTION EMERGENCY EPISODE
(2.0) 6.01 General Requirements
(a) An Air Pollution Emergency Episode Plan provides standards and
procedures to be followed whenever pollution of the air has the
potential of reaching an emergency condition if allowed to go
unchecked.
(b) Whenever the Executive Secretary or Regional Director determines
the accumlation of air pollution may attain, is attaining or has
attained a level or levels considered injurious to human health,
conditions of air pollution designated as Forecast, Alert, Warning
and Emergency shall be declared. In making a determination, the
criteria defined in Section 6.02.00 shall be used as guidance.
(c) To assure compliance with this regulation, sources designated by
the Executive Secretary shall submit standby emission reduction
plans in accordance with Section 6.03.00. In accordance with such
standby emission reduction plans, standby orders as specified in
Section 5.04.00 shall be implemented as a designated level is
reached.
(d) Nothing contained in this regulation shall be construed as allow-
ing, permitting or maintaining an emission from any installation
in the State to be subjected to a lesser degree of control than
may be required for existing or new regulations adopted by the
•B.oard or other appropriate authority.
6.02(a) A condition justifying the proclamation of a Forecast, Alert,
Warning or Emergency shall be deemed to exist whenever the Execu-
tive Secretary or Regional Director determines that the accumula-
tion of one or more air pollutants in any place, locality, county
or other area in the State may attain, is attaining or has
attained levels which could, if such levels are sustained or
exceeded, lead to a threat to the health of the public. In mak-
ing this determination the specified conditions in Section 6.02.00
(b) (c) and (d) shall be used as guidance.
(b) Episode Criteria
(1) Forecast Stage
An internal administrative watch shall be declared by the
Executive Secretary or Regional Director whenever the nation-
al , local or staff meteorologist issues a forecast indica-
tion anatmospheric stagnation will cover any substantial
-126-
-------
portion of the Commonwealth of Virginia for an extended per-
iod. Such a weather forecast will indicate meteorological
conditions which are expected to inhibit pollutant disper-
sion. The watch shall be in effect for those areas of the
State covered by the weather forecast and it shall continue
throughout the atmospheric stagnation period. Such weather
forecasts indicating atmospheric stagnation will take the
form of:
(v) A regional Air Stagnation Advisory including any sub-
stantial part of the Commonwealth of Virginia issued
by the local meteorologist at the Environmental Mete-
orological Support Unit (EMSU).
(ii) A forecast by the staff meteorologist indicating
localized meteorological conditions which inhibit
dispersion for an extended period of time.
(2) Alert Stage
An Alert shall be declared by the Executive Secretary or
Regional Director when any one of the following pollutant
levels is reached at any monitoring site concurrent with:
(i) Consultation with the national, local or staff mete-
orologist which indicates that an atmospheric stagna-
tion exists and/or
(ii) A determination by. the Executive Secretary or Region-
al Director that the pollutant level is representa-
tive of air quality in a Region and the concentra-
tions of pollutants can be expected to remain at the
following indicated levels for 12 or more hours.
Consultation with the air pollution control agencies
of the affected jurisdictions will be accomplished to
help evaluate local situations.
POLLUTANT AVERAGE ug/m3 ppm
SC-2 24 hour 800 .3
Particulates 24 hour 375 (3.0 COH)
Product of S02
x Particulates 24 hour 65,000 (.2 COH-ppm
product)
CO 8 hour 17,000 15
-127-
-------
POLLUTANT
Oxidants
NO,
(3) Warning Stage
AVERAGE
1 hour
1 hour
24 hour
PPM
.1
.6
.15
A Warning shall be declared by the Executive Secretary or
Regional Director when any one of the following pollutant
levels is reached at any monitoring site concurrent with:
(i)
(ii)
Consultation with the national, local or staff mete-
orologist which indicates that an atmospheric stagna-
tion exists and/or
A determination by the Executive Secretary or Region-
al Director that the pollutant level is representa-
tive of air quality in a Region and the concentra-
tions of pollutants can be expected to remain at the
following indicated levels for 12 or more hours.
Consultation with the air pollution control agencies
of the affected jurisdictions will be accomplished to
help evaluate local situations.
POLLUTANT
so2
Particulates
Product of SO,
x Particulates
CO
Oxidants
N00
AVERAGE
24 hour
24 hour
24 hour
8 hour
1 hour
1 hour
24 hour
261,000
34,000
800
2,260
565
.6
5.0(COH)
(.8 COH-ppm
product)
30.0
.4
1.2
.30
(4) Emergency Stage
Ah Emergency shall be declared by the Governor of the Common-
wealth of Virginia when any one of the following pollutant
levels is reached at any monitoring site concurrent with:
-123-
-------
(i)
(11)
Consultation with the national, local or staff mete-
orologist which indicates that an atmospheric stagna-
tion exists and/or
A determination by the Executive Secretary or Region-
al Director that the pollutant level is representa-
tive of air quality in a Region and the concentra-
tions of pollutants can be expected to remain at the
following indicated levels for 12 or more hours.
Consultation with the air pollution control agencies
of the affected jurisdictions will be accomplished to
help evaluate local situations.
POLLUTANT
so2
Particulates
Product of SO,
x Particulate*
CO
Oxidants
NO,
AVERAGE
24 hour
24 hour
2,100 .8
825 (7.0 COM)
24 hour 393,000.
(1.2 COH-ppm
product)
8 hour
1 hour
1 hour
24 hour
46,000 40.0
1,200
3,000
750
.6
1.6
.4
(5) Termination
Termination of any existent stage of the Air Pollution Epi-
sode shall be called by the Governor of the Commonwealth of
Virginia or the Executive Secretary or Regional Director
based on
(i) Consultation with the national, local or staff mete-
orologist which indicates that the atmospheric condi-
tions justify termination and/or
(ii) Appropriate reduction in pollutant levels. As the
criteria for a given level are no longer being met,
the next lower level will be assumed.
(c) When the Executive Secretary or Regional Director determines that
a specified criteria level is being approached and may be reached
at one or more monitoring sites solely because of emissions from
a l.imited .number of sources, it may act to prevent the attainment
-129-
-------
of the episode level by notifying such source(s) that the pre- •
planned abatement strategies of Table I, II, or III or the stand-
by plans are required, insofar as it applies to such source(s),
and shall be put into effect until a satisfactory reduction in
the ambient pollution concentration has been achieved.
(d) The Alert, Warning, and Emergency stages may be activiated on the
basis of deteriorating air quality alone; i.e., an atmospheric
stagnation forecast need not be in effect, subject to the deter-
minations specified in Section 6.02(b)(2)(ii ) , (b)(3)(ii), and
(8.0) 6.03 Standby Emission Reduction Plans
(a) Any person responsible for the operation of an installation spec-
ifically identified in Tables I, II, and III of this section
shall prepare standby emission reduction plans, consistent with
good industrial practice and safe operating procedures-, for
reducing emissions creating air pollution during periods of
Alert, Warning and Emergency. Standby emission reduction plans
shall be designed to reduce or eliminate emissions in accordance
with the objectives set forth in Tables I, II and III as applica-
ble.
(b) Any person responsible for the operation of a source of emissions
not specifically identified under Section 6.03(a) shall, when
requested by the Executive Secretary or Regional Director in
writing, prepare standby emission reduction plans, consistent
with good industrial practice and safe operating procedures, for
reducing emissions creating air pollution during periods of
Alert, Warning and Emergency. Standby emission reduction plans
shall be designed to reduce or eliminate emissions in accordance
with the objectives set forth in Tables I, II and III as applica-
ble. '
(c) Standby emission reduction plans as required in Section 6.03(a)
and (b) shall be in writing and show the source of emissions, the
approximate amount of reduction of emissions to be achieved, the
time necessary to achieve the reduction after being notified to
implement the plan, and a description of the manner in which the
reduction will be achieved during an Alert, Warning and Emergency
period in accordance with the objectives set forth in Table I,
II, and III.' Such plans shall be submitted in the form specified
by the Executive Secretary or the Regional Director.
i
(d) During a condition of Alert, Warning or Emergency, standby emis-
sion reduction plans as required by this section shall be made
immediately available on the premises to any person authorized to
enforce regulations promulated under terms of the Air Pollution
Control Law of Virginia.
-130-
-------
(e) Standby emission reduction plans as required by this section
shall be submitted to the Executive Secretary or Regional Direct-
or upon request within 30 days of the receipt of such request;
such,standby emission reduction plans shall be subject to review
and approval by the Executive Secretary or Regional Director.
If, in .the opinion of the Executive Secretary or Regional Direct-
or, such standby emission reduction plans do not carry out the
objectives set forth in Tables I, II, and III, the Executive
Secretary or Regional Director may disapprove said standby emis-
sion reduction plans, state the reason for disapproval and recom-
mend specific amendments to the proposed standby emission reduc-
tion plans. The revised plan shall be resubmitted within a time
period specified by the Executive Secretary or Regional Director.
Any person aggrieved by an order requiring the preparation of a
revised plan shall be entitled to an appeal under the provisions
of Title 10 of the Code of Virginia of 1950 as amended. If any
person fails to submit a standby emission reduction plan within
the time period specified, which in the opinion of the Executive
Secretary or Regional Director does not carry out the objectives
set forth in Table I, II and III, the Executive Secretary or
Regional Director shall promulgate such standby emission reduc-
tion plan as will meet the objectives stated in Tables I, II,
and III herein. Such plan shall thereafter be the standby emis-
sion reduction which the person responsible shall put into effect
upon' the declaration by the Governor or the Executive Secretary
or Regional Director of an air pollution episode Alert, Warning
or Emergency.
(2.0) 6.04 Control Requirements
(a) When the Executive Secretary or Regional Director declares an
Air Pollution Alert, any person responsible for the operation of
a source of air pollutants as set forth in Table I shall take all
Air Pollution Alert actions as required for such source of air
pollutants and shall put into effect the preplanned abatement
strategy for an Air Pollution Alert.
(b) When the Executive Secretary or Regional Director declares an
Air Pollution Warning, any person responsible for the operation
of a source of air pollutants as set forth in Table II shall take
all Air Pollution Warning actions as required for such source of
air pollutants and shall put into effect the preplanned abatement
strategy for an Air Pollution Warning.
j
(c) When the Governor declares an Air Pollution Emergency any person
responsible for the operation of a source of air pollutant as
described in Table III shall take all Air Pollution Emergency
actions as required for such source of air pollutants and shall
put into effect the preplanned abatement strategy for an Air
Pollution Emergency.
131-
-------
(d) When the Executive Secretary or Regional Director determines that
a specified criteria level has been reached at one or more moni-
toring sites solely because of emissions from a limited number of
sources, he shall notify such source(s) that the preplanned
abatement strategies of Tables I, II, and III of the standby
plans are required, insofar as it applies to such source(s), and
shall be put into effect until the criteria of the specified
level are no longer met.
(e) When the Executive Secretary or Regional Director determines that
a specific pollutant level caused the declaration of an Alert or
Warning Stage and that curtailment of emissions from "certain
sources would have no effect on that pollutant level, he may
exercise good judgment in determining which abatement strategies
shall be put into effect.
(2.0) 6.05 Participation of Local Air Pollution Control Offices
(a) Local Air Pollution Control Officers shall develop local plans
which will establish standard operating procedures and allocation
of responsibilities (including public relations) to be placed in
effect in the event of an air pollution episode. A copy of such
plans and any subsequent changes to the plans shall be furnished
to the Executive Secretary and the local Regional office of the
State Board.
(b) The statewide Episode Control Center will be located in Richmond.
Operational, communication, and public relations procedures for
the control of Air Pollution Episodes by the State Episode Con-
trol Center will be promulgated by the Executive Secretary to all
local air pollution control agencies and regional offices.
-132-
-------
TABLE I
ABATEMENT STRATEGIES EMISSION REDUCTION PLANS
' ALERT LEVEL
Part A. GENERAL
"1. There shall, be no open burning by any persons Of tree waste,
tation, refuse, or debris in any form.
2. The use of incinerators for the disposal of any form of solid
waste shall be limited to the hours between 12:00 noon and 4:00
p.m.
3. Persons operating fuel-burning equipment which requires boiler
lancing or soot blowing shall perform such operations only between
the hours of 12:00 noon and 4:00 p.m.
4. Persons operating motor vehicles should eliminate all unnecessary
operations.
Part B. SOURCE CURTAILMENT
Any person responsible for the operation of a source of air pollutants
listed below shall take all required control actions for this Alert level.
Source of Air Pollution
1. Coal or oil-fired electric
power generating facilities.
2. Coal and oil-fired process
steam generating facilities.
Control Action
a. Substantial reduction by
utilization of fuels having
low ash and sulfur content.
b. Maximum utilization of mid-
day (12:00 noon to 4:00 p.m.)
atmospheric turbulence for
boiler lancing and soot
blowing.
c. Substantial reduction by
diverting electric power gen-
eration to facilities .outside
of Alert Area.
a. Substantial reduction by
utilization of fuels having
low ash and sulfur content.
-133-
-------
Source of Air Pollution
3.
Manufacturing industries of
the following classifica-
tions:
Primary Metal Industry.
Petroleum Refining Operations,
Chemical Industries.
Mineral.Processing Industries,
Paper and Allied Products.
Grain Industry.
Control Action
b. Maximum utilization of midday
(12:00 noon to 4:00 p.m.)
atmospheric turbulence for
boiler lancing and soot blow-
ing.
c. Substantial reduction of steam
load demands consistent with
continuing plant operations.
a. Substantial reduction of air
pollutants from manufacturing
operations by curtailing,
postponing, or deferring pro-
duction and all operations.
b. Maximum reduction by deferring
trade waste disposal opera-
tions which emit solid parti-
cles, gas vapors or malodorous
substances.
c. Maximum reduction of heat load
demands for processing.
d. Maximum utilization of midday
(12:00 noon to 4:00 p.m.)
atmospheric turbulence for
boiler lancing and soot blow-
ing.
-134-
-------
TABLE II
EMISSION REDUCTION PLANS
WARNING LEVEL
Part A. GENERAL •
1. There shall be no open burning by any persons of tree waste, vege-
tation, refuse, or debris in any form.
2. The use of incinerators for the disposal of any form of solid
waste or liquid waste shall be prohibited.
3. Persons operating fuel-burning equipment which requires boiler
lancing or soot blowing shall perform such operations only between
the hours of 12:00 noon and 4:00 p.m.
4. Persons operating motor vehicles must reduce operations by the use
of car pools and increased use of public transportation and elim-
ination of unnecessary operation.
Part B. SOURCE CURTAILMENT
Any person responsible for the operation of a source of air pollutants
listed below shall take all required control actions for this Warning '.
Level.
Source of Air Pollution
1.
Coal or oil-fired electric
power generating facilities,
2.
Oil and oil-fired process
steam generating facilities.
Control Action
a. Maximum reduction by utiliza-
tion of fuels having lowest
ash and sulfur content.
b. Maximum utilization of mid-
day (12:00 noon to 4:00 p.m.)
atmospheric turbulence for
boiler lancing and soot'blow-
ing.
c. Maximum reduction by divert-
ing electric power generation
to facilities, outside of
Warning Area. •
a. Maximum reduction by utiliza-
tion of fuels having the low-
est available ash and sulfur
content.
-135-
-------
3.
4.
Manufacturing industries which
require considerable lead time
for shut-down including the
following classifications:
Petroleum Refining.
Chemical Industries.
Primary Metals Industries.
Glass Industries.
Paper and Allied Products.
Manufacturing industries which
require relatively short lead
times fo'r shut-down including
the following classifications:
Primary Metals Industries.
Chemical Industries.
Mineral Processing Industries.
Grain Industry.
Maximum utilization of mid- .
day (12:00 noon to 4:00 p.m.)
atmospheric turbulence for
boiler lancing and soot blow-
ing.
Making ready for use a plan
of action to be taken if an
emergency develops.
Maximum reduction of air con-
taminants from manufacturing
operations by, if necessary,
assuming reasonable economic
hardships by postponing pro-
duction and allied operation.
Maximum reduction by defer-
ring trade waste disposal
operations which emit solid
particles, gases, vapors, or
malodorous substances.
Maximum reduction of heat
load demands for processing.
Maximum utilization of mid-
day (12:00 noon to 4:00 p.m.)
atmospheric turbulence for
boiler lancing or soot blow-
ing.
Elimination of air pollutants
from manufacturing operations
by ceasing, curtailing, post-
poning, or deferring produc-
tion and allied operations to
the extent possible without
causing injury to persons or
damage to equipment.
Elimination of air pollutants
from trade waste disposal
processes which emit solid
particles, gases, vapors, or
malodorous substances.
Maximum reduction of heat
load demands for processing.
-136-
-------
Maximum utilization of mid-
day (12:00 noon to 4:00 p.m.)
atmospheric turbulence for
boiler lancing or soot blow-
ing.
-137-
-------
TABLE III
EMISSION REDUCTION PLANS
EMERGENCY LEVEL
Part A. GENERAL
1. There shall be no open burning by any persons of tree waste, vege-
tation, refuse, or debris in any form.
2. The use of incinerators for the disposal of any form of solid or
liquid waste shall be prohibited.
3. All places of employment described below shall immediately cease
operations.
a. Mining and quarrying of nonmetallic minerals.
b. All construction work except that which must proceed to avoid
emergent physical harm.
c.
All manufacturing establishments except those required to have
in force an air pollution emergency plan.
d. All wholesale trade establishments; i.e., places of business
primarily engaged in selling merchandise to retailers, or
industrial, commercial, insitutional or professional users,
or to other wholesalers, or acting as agents in buying merchan-
dise for or selling merchandise to such persons or companies,
except those engaged in the distribution.of drugs, surgical
supplies and food.
e. All offices of local, county, and State government including
authorities, joint meetings, and other public bodies excepting
such agencies which are determined by the chief administrative
officer of local, county, or State government, authorities,
joint meetings and other public bodies to be vital for public
safety and welfare and the enforcement of the provisions of
this order.
f. All retail trade-establ ishments except pharmacies, surgical
supply distributors, and stores primarily engaged in the sale
of food. •
g. Banks, credit agencies other than banks, securities and com-
modities brokers, dealers, exchanges and services; offices of
insurance carriers, agents and brokers, real estate offices.
-138-
-------
h. Wholesale and retail laundries, laundry services and cleaning
and dyeing establishments; photographic studios; beauty shops,
barber -shops, shoe repair shops.
i. Advertising offices; consumer credit reporting, adjustment and
collection agencies; duplicating, addressing, blueprinting;
photocopying, mailing, mailing list and stenographic services;
equipment rental services, commercial testing laboratories.
j. Automobile repair, automobile services, garages.
k. Establishments rendering amusement and recreational services
including motion picture theaters.
1. Elementary and secondary schools, colleges, universities, pro-
fessional schools, junior colleges, vocational schools, and
public and private libraries.
4. All commercial and manufacturing establishments not included in
this order will institute such actions as will result in maximum
reduction of air pollutants from their operation by ceasing, cur-
tailing, or postponing operations which emit air pollutants to the
extent possible without causing injury to persons or damage to
equipment.
5. The use of motor vehicles is prohibited except in emergencies with
the approval of local or State police.
Part B. SOURCE CURTAILMENT
Any person responsible for the operation of a source of air pollutants
listed below shall take all required control actions for this Emergency
Level.
Source of Air Pollution Control Action
1. Coal or oil-fired electric a. Maximum reduction by utiliza-
power generating facilities. tion of fuels having lowest
ash and sulfur content.
b. Maximum utilization of mid-
day (12:00 noon to 4:00 p.m.)
1 atmospheric.turbulence for
boiler lancing or soot blow-
ing.
c. Maximum reduction by diverting
electric power generation to:
facilities outside of £mer-
' gency Area.
-139-
-------
Coal and oil-fired process
steam generating facilities.
Manufacturing industries of the
following classifications.
Primary Metals Industries.
Petroleum Refining.
Chemical Industries.
Mineral Processing Industries.
Grain Industry.
Paper and Allied Products.
Maximum reduction by reducing
heat and steam demands to
absolute necessities consis-
tent with preventing equip-
ment damage.
Maximum utilization of mid-
day (12:00 noon to 4:00 p.m.)
atmospheric turbulence for
boiler lancing and soot blow-
ing.
Taking the action called for
in the emergency plan.
Elimination of air pollutants
from manufacturing operations
by ceasing, curtailing, post-
poning or deferring produc-
tion and allied operations to
the extent possible without
causing injury to persons or
damage to equipment.
Elimination of air pollutants
from trade waste disposal
processes which emit solid
particles, gases, vapors, or
malodorous substances.
Maximum reduction of heat
load demands for processing.
Maximum utilization of mid-
day (12:00 noon to 4:00 p.m.)
atmospheric turbulence for
boiler lancing or soot blow-
ing.
-140-
-------
FEDERALLY PROMULGATED
REGULATIONS
-141-
-------
(9.0) 52.2427 Source Surveillance
(a) Periodic testing of stationary sources.
Even though the Air Pollution Control Law of Virginia and the
Regulations for the Control and Abatement of Air Pollution make
owners or operators of sources of air contaminant emission
responsible for monitoring their stacks and reporting their emis-
sions, it may be necessary from time to time to conduct emission
tests on point sources to confirm the validity of such data.
Such emission test may be completed by means of:
1. material balance
2. engineering evaluation
3. .visual observations, and
4. actual stack test.
It is not possible at this time to define quantitatively how
often this will be done but it will be done on the basis of pri-
ority with sources emitting 100 tons per year or more given pri-
ority, and those with a visible emission problem following close
behind.
The policy for periodic testing of stationary sources will be to
require the owner to perform or to have performed the actual
stack emission test. Such testing will be monitored by qualified
Staff personnel. The results of these tests will be filed with
the Board. The Staff of the Board plans to perform stack tests
on at least two State facilities each year. This will provide
the expertise for monitoring other tests.
Actual -stack tests will be required on major sources (electric
power plants, paperpulp manufacturing, acid manufacturing, coal
cleaning plants, etc.) dependent upon in-stack monitoring equip-
ment, calculated emission, and visible emission evaluation. If
in-stack monitoring equipment is not used, actual testing will be
required at least every two years.
On smaller sources (hot mix asphalt plants, -fertilizer plants,
incinerators, etc.) random testing will be required based on
visible emission evaluation, dubious compliance status, cause of
complai.nts from concerned citizens, etc. A minimum of twenty
source tests, selected at random, will be required each year.
(d) Monitoring transportation sources.
(1) This section is applicable to the Commonwealth of Virginia.
(2). In order to assure the effectiveness of the inspection and
maintenance program approved in 52.2423 and required by
-142-
-------
52.2441, and the retrofit devices required under 52.2444,
• 52.2445, 52.2446, and 52.2447 the Commonwealth shall moni-
tor the actual per-vehicle emissions reductions occurring
as a result of such measures. All data obtained from such
mpnitoring shall be included in the quarterly report sub-
mitted to the Administrator by the Commonwealth of Virginia
in accordance with 51.7 of this chapter. The first quar-
terly report shall cover the period January 1 to March 31,
1976>
«
(3) In order to assure the effective implementation of'the car
pool locator, express bus lanes, increased bus fleet and
service, elimination of free on-street commuter parking,
elimination of .free employee parking, and the parking sur-
charge approved in 52.2423, the Commonwealth shall monitor
vehicle miles traveled and average vehicle speeds for each
area in which such sections are in effect and during such
time periods as may be appropriate to evaluate the effec-
tiveness of such a program.. All data obtained from such
monitoring shall be included in the quarterly report submit-
ted to the Administrator by the Commonwealth of Virginia in
accordance with 51.7 of this chapter. The first quarterly
report shall cover the period from July 1 to September 30,
1974. The vehicle miles traveled and vehicle speed data
shall cover the period from July 1 to September 30, 1974.
The vehicle miles traveled and vehicle speed data shall be
collected on a monthly basis and submitted in a format simi-
lar to Table 1.
TABLE 1
Time period..,
Affected area.
VMT or average vehicle speed
Roadway type ;
Vehicle type (1) Vehicle type (2)
Freeway..,
Arterial..
Col lector.
Local
Continue with other vehicle types as appropriate,
-143-
-------
(4) No later than March 1, 1974, the Commonwealth 'shall sub-
mit to the Administrator a compliance schedule to implement
this section. The program description shall include the
following:
(i) The agency or agencies responsible for conducting,
overseeing, and maintaining the monitoring program.
(ii) The administrative procedures to be used.
(iii) A description of the methods to be used to collect
the emission data, VMT data, and vehicle speed data;
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 dur-
ing which the data will be collected.
-144-
-------
(8.0) 52.2435 Compliance schedules.
(a) The requirements of 51.15 are not met for the measures for park-
ing surcharge, elimination of free on-street commuter parking,
elimination of free employee parking, increased bus fleet and
service, and exclusive bus lanes. Provisions to implement the
requirements, of 51.15 are promulgated in this section.
(b) With respect to the parking surcharge measure approved in
52.2423:
(1) The Commonwealth of Virginia shall no later than June 30,
1974, submit to the Administrator for* his approval a precise
description of areas within the Virginia portion of the
National Capital AQCR which are at the time adequately
served by mass transit, and those areas which in the judg- .
ment of the Commonwealth will be adequately served by mass
transit by June 30, 1975. The documentation and policy
assumptions used to select these areas shall be included
with this submission.
(2) The Commonwealth of Virginia shall by June 30, 1975, and
each succeeding year submit to the Administrator for his
approval a revised list of those areas which are adequately
served by mass transit. Additional areas must be included
as mass transit service is increased, unless the Common-
wealth of Virginia can affirmatively demonstrate that no
additional areas can be included.
(c) With respect to the measure for elimination of free on-street
commuter parking approved in 52.2423:
(1) Each potential subdivision of the Commonwealth of Virginia
within the National Capital AQCR shall, no later than June
30, 1974, submit to the Administrator for his approval a
compliance schedule, including legally adopted regulations,
enforcement procedures, and a description of resources
available. The compliance schedule shall provide:
(i) For implementing the on-street parking ban in all
areas within which a surcharge will be required by
paragraph (b) of this section. This program shall
prohibit all parking for more than two hours by non-
residents of the area subject to the .ban during the
hours from 7 a.m. to 7 p.m. Monday through Friday
(excepting holidays) on any street within such areas.
The program shall also provide for a sticker system,
under which residents of such area may also be
exempted from the ban, and for a system (whether by
-145-
-------
notification to the enforcement authorities, or oth-
erwise) for also exempting bona fide visitors to
residents of such areas from the ban.
(ii) The precise resouces that will be devoted to enforc-
ing this measure, the method of enforcement to be
used (for example, chalking tires), and the penalties
1 for violation. The compliance schedule shall at a
minimum provide that violators shall be subject to a
$10.00 fine.
(d)-(e) (Reserved)
(f) With respect to the express bus lane measure approved in 52.2423:
(1) The Commonwealth of Virginia shall no later than January 1,
1975, establish exclusive bus lane's in the following corri-
' dors:
(i) George Washington Parkway - Washington Street - Jef-
ferson Davis Highway from Fort Hunt to National Air-
port.
(ii) U.S. Route 50 from Seven Corners to the Virginia-
District of Columbia boundary.
Such lanes shall be inbound during the morning peak period
and outbound during the evening peak period.
(2) The Commonwealth of Virginia shall submit to the Administra-
tor, no later than March 1, 1974, a schedule showing the
steps which it will' take to establish exclusive bus lanes in
these corridors enumerated in paragraph (f)(l) of this sec-
tion. Each schedule shall be subject to approval by the
Administrator and shall include as a minimum the following:
(i) Identification of streets or highways that shall have
' ' portions designated for exclusive bus lanes.
(ii) The date by which each street or highway shall be
designated.
(3) Exclusive bus la.nes must be prominently indicated by dis-
tinctively painted lines, pylons, overhead signs, or physi-
' cal barriers.
(4) Application for substitution of a corridor for any of those
lasted in paragraph (f)(l) of this section shall be made by
the Commonwealth of Virginia for the Administrator's approv-
al no later than March 1, 1974.
-146-
-------
(12.0) 52.2438 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 Virg.inia portion of the Nation-
al Capital Interstate AQCR.
(c) No person shall transfer gasoline from any delivery vessel into
any stationary storage container with a capacity greater than 250
gallons unless the displaced vapors from the storage container
are processed by a system of no less than 90 percent by weight of
organic compounds in 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 delivery vessel and a system that will ensure
that the vapor return line is connected before gaso-
line can be transferred into the container.
(ii) Refrigeration-condensation system or equivalent
designed to recover no less than 90 percent by weight
of the organic compounds in the displaced vapor.
(2) If a "vapor-tight vapor return" 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 adsorp-
tion system, refrigeration-condensation system, or equiva-
lent vapor removal system, and so constructed as to antici-
pate compliance with 52.2439.
(3) The vapor-laden delivery vessel shall be subject to the fol-
lowing conditions:
(i) The delivery vessel must be so designed and main-
tained as to be vaportight at all times.
(ii) The vapor-laden delivery vessel may be refilled only
at facilities equipped with vapor recovery systems or
the equivalent, which can recover at least 90 percent
by weight of the organic compounds in the vapors dis-
placed from the delivery vessel during refilling.
(iii) Gasoline storage compartments of one thousand gal.
Ions or less in gasoline delivery vehicles presently
in use on the promulgation date of this regulation
-147-
-------
will not be required to be retrofitted with a vapor
return system until January 1, 1977.
(i'v) Facilities which have a daily throughput of 20,000
gallons of gasoline or less are req-uired to have a
vapor recovery system in operation no later than May
31, 1977. Delivery vessels and storage containers
served exclusively by facilities required to have a'
vapor recovery system in operation no later than May
31, 1977, also 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 containers having a capacity less than 550 gal-
lons used exclusively for the fueling of implements of hus-
bandry .
(2) Any container having a capacity less than 2,000 gallons
installed prior to promulgation of this section. .
(3) Transfers made to storage tanks equipped with floating roofs
or their equivalent.
(e) Every owner or operator of a stationary storage container or
delivery vessel subject to this section shall comply with the fol-
lowing compliance schedule:
(1) June 1, 1974 - Submit to the Administrator a final control
plan, which describes at a minimum the steps which will be
taken by the source to achieve compliance with the provi-
sions of paragraph (c) of this section.
(2) March 1, 1975 - Negotiate and sign all necessary contracts
for emission control systems, or issue orders for the pur-
chase of component parts to accomplish emission control.
(3) May 1, 1975 - Initiate on-site construction or installation
of emission control equipment.
(4) February 1, 1976 - Complete on-site construction or instal-
lation of emission control equipment.
(.5) March 1, 1976 - Assure final compliance with the provisions
of paragraph (c) of this section.
(6) Any owner or operator of sources subject to the compliance
schedule in this paragraph shall certify to the Administra-
tor, within 5 days after the deadline for each increment of
-148-
-------
progress, whether or not the required 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 pro-
visions of paragraph (c) of this section and which has cer-
tified such-compliance to the Administrator by June 1, 1974.
The Administrator may request whatever supporting informa-
tion 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 Adminis-
trator, 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 increment 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 compliance schedule in paragraph (e) of this
section fails to satisfy the requirements of 51.15 (b) and (c) of
this chapter.
(h) Any gasoline dispensing facility subject to this section which
installs a storage tank after the effective date of this section
shall comply with the requirements of paragraph (c) of this sec-
tion by March 1, 1976, and prior to that date shall comply with
paragraph (e) of this section as far as possible. Any facility
subject to this section which installs a storage tank after March
1, 1976j shall comply with the requirements of paragraph (c) of
this section at the time of installation.
-149-
-------
(12.0) 52.2439 Contro) of-evaporative losses from the filling of vehicular tanks.
(a) "Gasoline" means any petroleum distillate having a Reid vapor
pressure of 4 pounds or greater.
(b) This section is applicable in the Virginia portion of the Nation-
al Capital Interstate AQCR.
(c) A person shall not transfer gasoline to an automotive fuel tank
from a gasoline dispensing system unless the transfer is made
through* a fill nozzle designed to:
(1) Prevent discharge of hydrocarbon vapors to the atmosphere
from either the vehicle filler neck or dispensing nozzle;
(2) Direct vapor displaced from the automotive fuel tank to a
system wherein at least 90 percent by weight of the organic
compounds in displaced vapors are recovered; and
(3) Prevent automotive fuel tank overfills or spillage on fill
nozzle disconnect.
(d) The system referred to in paragraph (c) of this section may con-
sist of a vapor-tight return line from the fill nozzle-filler
neck interface to the dispensing tank or to an adsorption, absorp-
tion, incineration, refrigeration-condensation system or its
equivalent.
(e) Components of the systems required by 52.2439 may be used for com-
pliance with paragraph (c) of this section.
(f) If it is demonstrated to the satisfaction of the Administrator
that it is impractical to comply with the provisions of paragraph
(c) of this section as a result of vehicle fill neck configura-
tion, location, or other design features of a class of vehicles,
the provisions of this section shall not apply to such vehicles.
However, in no case shall such configuration exempt any gasoline
dispensing facility from installing and using in the most effec-
tive manner a system required by paragraph (c) of this section.
(g) Every owner or operator of a gasoline dispensing system subject
to this section shall comply with the following compliance sched-
ule: • . •
(1) June 1, 1974 - Submit to the Administrator a final control
plan, which describes at a minimum the steps which will be
, taken by the source to achieve compliance with the provi-
sions of paragraph (c) of this section.
(2) November 1, 1974 - Negotiate and sign all necessary con-
' tracts for emission control systems, or issue orders for
-150-
-------
the purchase of component parts to accomplish emission con-
trol.
(3) January 1, 1975 - Initiate on-site construction or installa-
tion of emission control equipment.
(4) May 1, 1977 - complete on-site construction installation of
emission control equipment or process modification.
(5) May 31, 1977 - Assure final compliance with the provisions
of paragraph (c) of this section.
(6) Any owner or operator of sources subject to the compliance
schedule in this paragraph shall certify to the Administra-
tor, within 5 days after the deadline for each increment of
progress, whether or not the required increment of progress
has been met.
(h) Paragraph (g) of this section shall not apply:
(1) To a source which is presently in compliance with the pro-
visions of paragraph (c) of this section and which has cer-
tified such compliance to the Administrator by June 1, 1974.
The Administrator may request whatever supporting informa-
tion he considers necessary for proper certification.
(2) To a source for which a comoliance .schedule is adooted bv
the State and approved by the Administrator.
(3) To a source whose owner or operator submits to the Adminis-
trator, by June 1, 1974, a orooosed alternative schedule.
No such schedule may provide for compliance after May 31,
1 1977. 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 increment has
been .met. If promulgated by the Administrator, such sched-
ule shall satisfy the requirements of this paragraph for
the affected source.
(i) 'Nothing in this section shall preclude the Administrator from
promulgating a separate schedule for any source to which the
application of the compliance schedule in paragraph (g) of this
section fails to satisfy the requirements of 51.15 (b) and (c)•
of this chapter.
(j) Any, gasoline dispensing facility subject to this section which in-
stalls a gasoline dispensing system after the effective date of
this section shall comply with the requirements of paragraph (c)
of this section by May 31, 1977, and prior to that date shall com-
ply with paragraph (g) of this section as far as possible. Any1
-151-
-------
facility subject to this section which installs a gasoline dis-
pensing system after May 31, 1977, shall comply with the require-
ments of paragraph (c) of this section at the time of installa-
tion.
-152-
-------
(50.4) 52.2440 Control of dry cleaning solvent evaporation.
(a) Definitions:
(1) "Dry cleaning operation" means that process by which an
' organic solvent is used in the commercial cleaning of gar-
ments and other fabric materials.
(2) "Organic solvents" means organic materials, Including dilu-
ents and thinners, which are liquids at standard conditions
and which are used as dissolvers, viscosity reducers, or
cleaning agents.
(3) "Photochemically reactive solvent" means any solvent with
an aggregate of more than 20 percent of its total volume
composed of the chemical compounds classified below or which
exceeds any of the following individual percentage compo-
sition limitations, as applied to the total volume of sol-
vent.
(i) A combination of hydrocarbons, alcohols, aldehydes,
esters, ethers, or ketones having an olefinic or
cyclo-olefinic type of unsaturation: 5 percent;
(ii) A combination of aromatic compounds with 8 or more
carbon atoms to the molecule except ethylbenyenl:
8 percent
(iii) A combination of ethylbenyene or ketones having
branched hydrocarbon structures, trichloroethylene
or toluene: 20 percent".'
(b) This section is applicable to the Virginia portion of the Nation-
al Capital Interstate Region.
(c) No person shall operate a dry cleaning operation using other than
perchloroethylene, 1,1,1-trichoroethane, or saturated halogenated
hydrocarbons unless the uncontrolled, organic emissions from such
operation are reduced at least 85 percent; provided, that dry
cleaning operations emitting less than 8 pounds per hour and less
than 40 pounds per day of uncontrolled organic materials are
exe'mpt from the requirement of this section.
(d) If incineration is used as a control technique, 90 percent or
more of the carbon in the organic emissions being incinerated
must be oxidized to carbon dioxide.
(e) Any owner or operator of a source subject to this section shall
achieve compliance with the requirements of paragraph (c) of this
section by discontinuing the use of photochemically reactive sol-
-153-
-------
vents no later than January 31, 1974, or by controlling emissions
as required by paragraphs (c) and (d) of this section no later
than May 31, 1975.
-154-
-------
(12.0) 52.2441 Inspection and maintenance program.
(a) Definitions:
(1) "Inspection and maintenance program" means a program for
reducing emissions from in-use vehicles through identifying
vehicles that need emission control related maintenance and
requiring that such maintenance be performed.
(2) "Light-duty vehicle" means a gasoline-powered motor vehicle
. rated at 6,000 Ib gross vehicle weight (GVW) or less.
(3) "Medium-duty vehicle" means a gasoline-powered motor vehi-
cle rated at more than 6,000 Ib GVW and less than 10,000 Ib
GVW.
(4) "Heavy-duty vehicle" means a gasoline-powered motor vehicle
rated at 10,000 Ib GVW or more.
(5) All-other terms used in this section that are defined in
Part 5i, Appendix N, are used herein with the meanings so
defined.
(b) This section is applicable within the Virginia portion of the
National Capital Interstate AQCR.
(c) In connection with the light-duty vehicle inspection and mainte-
nance program for the area specified in paragraph .(b) of this sec-
tion approved by the Administrator pursuant to 52.2423, the Com-
monwealth of Virginia shall establish an inspection and mainte-
nance program applicable to all medium-duty and heavy-duty vehi-
cles registered in any area specified in paragraph (b) of this
section that operate on public streets or highways over which it
has ownership or control. The Commonwealth may exempt any class
or category of vehicles that the Commonwealth finds is rarely
used on public streets or highways (such as classic or antique
vehicles). Under the program, the State shall:
i
(1) Inspect all medium-duty and heavy-duty motor vehicles at per-
iodic intervals no more than 1 year apart.
(2) Apply inspection failure criteria consistent with the emis-
sion reductions claimed in the plan for the strategy.
(3) Ensure that failed vehicles receive the maintenance neces-
sary to achieve compliance with the inspection standards,
arid retest failed vehicles following maintenance.
(4)' (Reserved)
-155-
-------
(5) Begin the first inspection cycle by January 1, 1975, com-
pleting it by January 1, 1976.
(6) Designate an agency or agencies responsible for conducting
the inspection and maintenance program.
(d) After January 1, 1976, the Commonwealth shall not register or
allow to operate on public streets or highways any medium-duty
or heavy-duty vehicle that does not comply with the applicable
requirements of the program established under paragraph (c) of
this section. This shall not apply to the initial registration
of a new motor vehicle.
(e) After' January 1, 1976, no owner of a medium-duty or heavy-duty '
vehicle shall operate or allow the operation of such vehicle
that does not comply with the applicable requirements of the
program established under paragraph (c) of this section. This
shall not apply to the initial registration of a new motor ve-
hicle.
(f) The Commonwealth of Virginia shall submit, no later than Febru-
ary 1, 1974, a detailed compliance schedule showing the steps it
will take to establish an inspection and maintenance program
pursuant to paragraph (c) of this section.
-156-
-------
(12.0) 52.2442 Bicycle lanes and bicycle storage facilities
(a) Definitions:
(1) "Bicycle" means a two-wheel, non-motor powered vehicle.
(2) "Bicycle lane" means a route for the exclusive use of bicycles,
either constructed specifically for that purpose or converted
from an existing lane.
•o
(3) "Bicycle parking facility" means any storage facility for bicycles,
which allows bicycles to be locked securely.
(4) "Parking space" means the area allocated by a packing facility
for the temporary storage of one automobile.
(5) "Parking facility" means a lot, garage, building, or portion
thereof, in or on which motor vehicles are temporarily parked.
(b) This section shall be applicable in the Commonwealth of Virginia por-
tion of the National Capital Interstate Air Quality Control Region.
(c) On or before July 1, 1976, the Commonwealth of Virginia shall estab-
lish a network of bicycle lanes linking residential areas with employ-
ment, educational, and commercial centers in accordance with the fol-
lowing requirements:
(1) The network shall contain no less than 60 miles of bicycle lanes
in addition to any in existence as of November 20, 1973.
(2) Each bicycle lane shall at a minimum:
(i) Be clearly marked by signs indicating that the lane is for
the exclusive use of bicycles (and pedestrians, if neces-
sary);
(ii) Be separated from motor vehicle traffic by appropriate de-
vices, such as physical barriers, pylons, or painted lines;
i
(iii) Be regularly maintained and repaired;
(iv) Be of a hard., smooth surface suitable for bicycles;
(v) Be at least 5 feet wide for one-way traffic, or 3 feet wide
N for two-way traffic;
(vi) If in a street used by motor vehicles,- be a minimum of 8
feet wide whether one-way or two-way; and
(vii) Be adequately lighted.
-157-
-------
(3) Off-street bicycle lanes which are not reasonably suited for
commuting to and from employment, educational, and commercial
centers shall not be considered a part of this network.
(4) . On or before October 1, 1974, the Commonwealth of Virginia shall
establish 25 percent of the total mileage of the bicy.cle lane
network; on or before June 1, 1975, 50 percent of the total mile-
age shall be established; on or before July 1, 1976, 100 percent
of the total mileage shall be established,
(d)
On or before June 1,
to the Administrator
cycle path network.
the following:
1974, the Commonwealth of Virginia shall submit
a comprehensive study of a bicycle lane and bi-
The study shall include, but not be limited to
(1) A' bicycle user and potential user survey,
mum determine:
which shall at a mini-
(i) For present bicycle riders, the origin, destination, frequen
cy, travel time, and distance of bicycle trips;
(ii) In high density employment areas the present modes of trans-
portation of employees and the potential modes of transpor-
tation, including the number of employees who would convert
to the bicycle mode from other modes upon completion of the
bicycle lane network described in paragraph (c) of this sec-
tion.
(2) A determination of the feasibility and location of on-street bi-
cycle lanes.
(3) A determination of the feasibility and location of off-street
lanes.
(4) A determination of the special problems related to feeder lanes
to bridges, on-bridge lanes, feeder lanes to METRO and railroad
stations, and feeder lanes to fringe parking areas, and the means
necessary to include such lanes in the bicycle lane network des-
cribed in paragraph (c) of this section.
(5) A determination of the feasibility and location of various meth-
ods of safe bicycle parking.
(6) The study shall make provision for the receipt of public comments
on any matter within the scope of the study, including the loca-
tion of'the bicycle lane network described in paragraph (c) of
this section.
(e) By June 1, 1974, in addition to the comprehensive study required pur-
suant to paragraph (d) of this section, the Commonwealth of Virginia
-158-
-------
shall submit to the Administrator a detailed compliance schedule show--
ing the steps it will take to establish this network pursuant to para-
graphs (c)' and (g) of this section. The compliance schedule shall iden-
tify in detail the names of streets that will provide bicycle lanes.
and the location of any lanes to be constructed especially for bicycle
use. It shall also include a statement indicating the source, amount,
and adequacy of funds to be used in implementing this section, and the
text of any needed statutory proposals and needed regulations which
will be proposed for adoption.
(f) On or before October 1, 1974, the Commonwealth of Virginia shall sub-
mit .to the Administrator legally adopted regulations sufficient to
implement'and enforce all of the requirements of this section.
(g) On or before June 1, 1975, the Commonwealth of Virginia shall require
all owners and operators of parking facilities containing more than
50 parking spaces (including both free and .commercial facilities)
within the area specified in paragraph (b) of this section to provide
spaces for the storage of bicycles in the following ratio: one auto-
mobile^size parking space (with a bicycle parking facility) for the
storage of bicycles for every 75 parking spaces for the storage of
autos. The Commonwealth shall also require that:
(1) Bicycle parking facilities shall be so located as to be safe from
motor vehicle traffic and secure from theft. They shall be prop-
erly .repaired and maintainted.
(2) The METRO Subway System shall provide a sufficient number of safe
and secure bicycle parking facilities at each station to meet the
needs of its riders. •
(3) All parking facilities owned, operated, or leased by the Federal
Government shall be subject to this paragraph.
(4) Any owner or operator of a parking facility which charges a fee.
for the storage of motor vehicles shall store bicycles at a price
per unit per hour which is no greater in relation to the cost of
storing them than is the price of parking for a motor vehicle in
relation to the cost of storing it. Unless the owner or operator
. makes an affirmative showing to the Commonwealth of Virginia of
different facts, and agrees to charge in conformity with that
showing, the ratio in costs and prices shall be determined by
the maximum number of bicycles that can be stored in a single
standard-sized automobile parking space.
(38 ,FR 33728, Dec. 6, 1973)
(12.0) 52.2443 Management of parking supply.
(a) Definitions:
-159-
-------
All terms used
shall have the
this Part'52.
in this section but not specifically defined below
meaning given them in Part 51 of this chapter and
(1) "Parking facility"•(also called "facility") means a lot, garage,
building 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
originates or terminates at a parking facility.
(3) "Construction" mean's fabrication, erection, or installation of
a parking facility, or any conversion of land, a building or
structure, or portion thereof, for use as a facility.
(4) "Modification" means any change to a parking facility that in-
creases 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 onsite
construction or modification.
(b) This regulation is applicable in the Virginia portion of the National.
Capital Air Quality Control Region^
(c) The requirements of this section are applicable to the'following park-
ing facilities in the areas specified in paragraph (b) of this section,
the construction or modification of which is commenced after January
1, 1975.
(1.) Any new parking facility with parking capacity for 250 or more
motor vehicles;
(2) Any parking facility that will be modified to increase parking
capacity by 250 or more vehicles; and
(3) Any parking facility constructed or modified in increments which
individually are not subject to review under this section, but
which, when all such increments occurring since January 1, 1975,
are added together, as a total would subject-the facility to re-.
view under this section.
(d) No person_ shall commence construction or modification of any facility
subject to this section without first obtaining written approval from
the Administrator 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 parties on or before January 1, 1975.
(e) No approval to construct or modify a facility shall be granted unless
-160-
-------
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 is part of the applicable implemen-
tation plan, and will be consistent with.the plan's VMT reduction
goals.
(2) The emissions resulting from the design or operation of the fa-
cility will not prevent or interfere with the attainment or main-
tenance of any national ambient air quality standard at any time.
within 10 years from the date of application.
(f) All applications for approval under this section shall include the
following information:
(1) Name and address of the applicant.
(2) Location and description of the parking facility.
(3) A proposed contruction 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.
(6) The number of people using or engaging in any enterprises or ac-
tivities that the facility will serve on a daily basis and a peak
hour basis.
(7) A projection of the geographic area in the community from which
people and motor vehicles will be drawn to the facility. Such
projeption shall include data concerning the availability of mass
transit from such areas.
(8) An estimate of the average and peak hour vehicle trip generation
rates, before and after construction or modification of the fa-
cility.
(9) An estimate of the effect of the facility on traffic pattern and
flow.
(10) An estimate of the effect of.the facility on total VMT for the
air q'uality control region.
(11) An analysis of the effect of the facility on site and regional
air quality, including a showing that the facility will be com-
patible with the applicable implementation plan, and that the
-161-
-------
(g)
(h)
(12)
facility will not cause any national air quality standard to be
exceeded within 10 years from date of applicaiton. The Admin-
istrator may prescribe a standardized screening technique to be
used in analyzing the effect of the facility on ambient air qual-
ity.
Additional information, plans< specifications, or documents re-
quired by the Administrator.
i
Each application shall be signed by the owner or operator of the fac-
ility, whose signature shall constitute an agreement that the facility
shall be operated in accordance with the design submitted in the ap-
plication and with applicable rules, regulations, and permit condi-
tions.
Within 30 days after receipt
agency approved by him shall
of an application,
notify the public,
the Administrator or
by prominent adver-
tisement in the Region affected, of the receipt of the application
and the proposed action on it (whether approval, conditional approval,
or denial), and shall invite public comment.
(1) The application, all submitted information, and the terms of the
proposed action shall be made available to the public in a readily
accessible place within the affected air quality region.
(2) Public comments submitted within 30 days of the date such infor-
mation 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 ac-
tion (approval, conditional approval, or.denial) on an applica-
tion within 30 days after close of the public comment period.
(38 FR 31538,. Nov.
1974)
15, 1973, as amended at 39 FR 1849, Jan. 15,
(12.0) 52.2444
NOTE: The provisions of 52.2443 were suspended indefinitely at
40 FR 29714, July 15, 1975)
Medium duty air/fuel control retrofit.
(a) Definitions:
(1) "Air/Fuel Control Retrofit" means a system or device (such as
modification to the engine's carburetor or positive crankcase
ventilation system) that results in engine operation at an in-
creased air-fuel ratio so as to achieve reductions in exhaust
emissions of hydrocarbon and carbon monoxide from 1973 and
earlier medium-duty vehicles of at least 15 and 30 percent, re-
spectively.
-162-
-------
(2)
(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.
All other terms
51, Appe'ndix N,
so defined.
used inthis section that are defined in Part
of this chapter are used hersin with meanings
the Administrator that will re-
and carbon monoxide to the same
No later than February 1, 1974,
(b) This section is applicable within the Virginia portion of the Nation-
al Capital Interstate AQCR.
(c) The Commonwealth of Virginia shall establish a retrofit program to
ensure that on or before May 31, 1976, all medium-duty vehicles of
model years prior to 1973 which are not requried to be retrofitted
with an oxidizing catalyst or other approved device pursuant to
52.2446, which are registered in the area specified in paragraph (b)
of this section, are equipped with an appropriate Air/Fuel Control
device or other device as approved by
duce exhaust emissions of hydrocarbon
extent as an air/fuel control device.
the Commonwealth of Virginia shall submit to the Administrator a de-
tailed compliance schedule showing the steps it will take to establish
and enforce a retrofit program pursuant to this section, including the
text of statutory proposals, regulations, and enforcement procedures
that the Commonwealth proposes for adoption. The compliance schedule
shall also include a date by which the Commonwealth shall evaluate
and approve devices for use in this program. Such date shall be no
later than September 30, 1974.
(d) No later than April 1, 1974, the Commonwealth shall submit legally
adopted regulations to the Administrator establishing such a program.
The regulations shall include:
(1) Designation of an agency responsible for evaluating and approving
devices for use on vehicles subject to this section.
* . .
(2) Designation of an agency responsible for ensuring that the pro-
visions of paragraph (d)(3) of this section are enforced.
i t <
(3) Provisions for beginning the installation of the devices by
August 1, 1975, and completing the installation of the devices
on all vehicles subject to this section no later than May 31,
1976.
(4) A provision that no later than May 31, 1976, no vehicle for which
retrofit is required under this section shall pass the annual e-
mission tests provided for by 52.2441 unless it has been first
equipped with an approved air/fuel control device, or other de-
vice, approved pursuant to this section, which the test has shown
to be installed and operating correctly. The regulations shall
include test procedures and failure criteria for implementing
-163-
-------
this provision.
\ . •
(5) Methods and procedures for ensuring that those persons instal-
ling the retrofit device have the training and ability to per-
form the needed tasks satisfactorily and have ah adequate sup-
ply of retrofit components.
(6) Provision (apart from the requirements of any general program
for periodic inspection and maintenance of vehicles) for emis-
sions testing at the time of device installation or some other
positive assurance that the device is installed and operating
correctly.
(e) After May 31, 1976, the Commonwealth shall not register or allow to
operate on its streets or highways any vehicle that does not comply
with the applicable standards and procedures adopted pursuant to par-
agraph (d) of this .section.
(f) After May 31, 1975, no owner of a vehicle subject to this section
shall operate or allow the operation of any such vehicle that does
not comply with the applicable standards and procedures implemented
by this section.
(g) The Commonwealth may exempt any class or category of vehicles from
this section which the Commonwealth finds is rarely used on public
streets and highways (such as classic or antique vehicles) or for
which the Commonwealth demonstrates to the Administrator that air/'
fuel control devices or other devices approved pursuant to this sec-
tion are not commercially avialable.
(38 FR 33729, Dec. 6, 1973)
(12.0) 52.2445 Heavy duty air/fuel control retrofit.
(a) Definitions:
(1) "Air/Fuel Control Retrofit" means a system or device such as mod-
ification to the engine's carburetor or positive crank case vent-
ilat.ion system) that results in engine operation at an increased
air/fuel ratio so as to achieve reduction in exhaust emissions
of hydrocarbon and carbon monoxide from heavy-duty vehicles of
at least 30 and 40 percent, respectively.
(2) "Heavy duty vehicle" means a gasoline-powered motor vehicle rated
at 10,000 Ib. gross vehicle weight or more.
, )•
(3) All other terms used in this section that are defined in Part 51,
Appendix N, of this chapter are used herein with meanings so de-
fined.
164-
-------
(b) This section is applicable within the Virginia portion of the National
Captial Interstate AQCR.
(c) The Commonwealth of Virginia shall establish a retrofit program to
ensure that on or before May 31, 1977, all heavy duty vehicles regis-
tered 'in the area specified in paragraph (b) of this section are e-
quipped with an appropriate air/fuel control device or other device
as approved by the Administrator that will reduce exhaust emissions
of hydrocarbons ^and carbon monoxide to the same extent as an air/fuel
control device. No later than April 1, 1974, the Commonwealth of Vir-
ginia shall submit to the administrator a detailed corneliance schedule
showing tlpe steps it will take to establish and enforce a retrofit
program pursuant to this section, including the text of statutory pro-
posals, regulations, and enforcement procedures that the Commonwealth
shall evaluate and approve devices for use in this program. Such date
shall be no later than January 1, 1975.
(d) No later than September 1, 1974, the Commonwealth shall submit legally
adopted regulations to the Administrator establishing such a program.
The regulations shall include:
(1) Designation of an agency responsible for evaluating and approving
devices for use on vehicles subject to this section.
(2) Designation of an agency responsible for ensuring that the orn-
visions of paragraph (d)(3) of this section are enforced.
(3) Provisions for beginning the installation of the retrofit devices
by January 1, 1976, and completing the installation of the devi-
ces on all vehicles subject to this section no later than May 31,
1977.
(4) A provision that starting no later than May 31, 1977, no vehicle
for which retrofit is required under this section shall pass the
annual emission tests provided for by 52.2441 unless it has been
first equipped with an approved air/fuel control device, or other
device approved pursuant to this section, which the test has
shown to be installed and operating correctly. The regulations
shall include test procedures and failure criteria for implement-
ing this provision.
(5) Methods and procedures for ensuring that those installing the
retrofit devices have the training and ability.to perform the
needed tasks satisfactorily and have an adequate supply of ret-
rofit components.
(6) Provision (apart from the requirements of any general program
for periodic inspection and maintenance of vehicles) for emis-
sions testing at the time of device installation or some other
positive assurance that the device is installed and operating
-165-
-------
correctly.
(g) The Commonwealth may exempt any class or category of vehicles from
this section which the Commonwealth finds is rarely used on public
streets and highways (such as classic or antique vehicles) or for
which the Commonwealth demonstrates to the Administrator that air/
fuel control device or other devices approved pursuant to this sec-
tion are not commercially available.
(38 FR 33729, Dec. 6, 1973)
(12.0) 52.2446 Oxidizing catalyst retrofit.
(a) Definitions:
(1) "Oxidizing catalyst" means a device that uses a catalyst in-
stalled In the exhaust system of a vehicle (and if necessary
includes an air pump) so as to achieve reduction in exhaust
emissions of hydrocarbon and carbon monoxide of at least 50
and 50 percent, respectively, from light duty vehicles of 1971
through 1975 model years, and of at least 50 to 50 percent,
respectively, from medium duty vehicles of 1971 through 1975
model years.
(2) "Light-duty vehicle" means a gasoline-powered motor vehicle rated
at 6,000. Ib. gross vehicle weight (GVW) or less.
(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) "Fleet vehicle" means any of 5 or more light-duty vehicles op-
erated by the same person(s), business, or governmental entity
and used principally in connection with the same or related oc-.
cupations or uses. This definition shall also include any taxi-
cab (or other light-duty vehicle-for-hire) owned by any indivi-
dual or business.
(5) All other terms used in this section that are defined in Part 51,
Appendix N, are used herein with meanings so defined.
(b) This section is applicable withing the Virginia portion of the National
Capital Interstate AQCR.
(c) The Commonwealth of Virginia shall establish a retrofit program to
ensure that on or before May 31, 1977, all light-duty fleet vehicles
of model years 1971 through 1975 and medium-duty vehicles of model
years'1971 through 1975 which are registered in the area specified in
paragraph (b) of this section and are able to operate on 91 RON gas-
oline, are equipped with an appropriate oxidizing catalyst retrofit
device or other device, as approved by the Administrator, that wi.li
-166-
-------
reduce exhaust emissions of hydrocarbons and carbon monoxide to the
same extent as an oxidizing catalyst retrofit device. No later than
April 1, 1974, the Commonwealth of Virginia shall submit to the Ad-
ministrator a detailed compliance schedule showing the steps it will
take to establish and enforce a retrofit program pursuant to this sec-
tion, including the text of statutory proposals, regulations, and en-
forcement procedures that the Commonwealth proposes for adoption.
The compliance schedule shall also include a date by which the Common-
wealth, shall-evaluate and approve devices for use in this program.
Such date shall be no later than January 1, 1975.
(d) No later than September 1, 1974, the Commonwealth shall submit le-
gally 'adopted regulations to the Administrator establishing such a
program. The regulation shall include:
(1) Designation of an agency responsible for evaluating and approv-
ing devices for use on vehicles subject to this section.
(2) Designation of an agency responsible for ensuring that the pro-
visions of paragraph (d)(3) of this section are enforced.
(3) Provisions for beginning the installation of the retrofit de-
vices by January 1, 1976, and completing the installation of
the devices on all vehicles subject to this section no later
than May 31, 1977.
(4) A provision that starting no later than May 31, 1977, no vehicle
for which retrofit is required under this section shall pass the
annual emission test provided for by 52.2423 and 52.2441 unless
it has been first equipped with an approved oxidizing catalyst
device, or other device approved pursuant to this section, which
the test has shown to be installed and operating correctly. The
regulations shall include test procedures and failure criteria
for implementing this provision.
(5) Methods and procedures for ensuring that those installing the
retrofit devices have the training and ability to perform the
needed tasks satisfactorily and have an adequate supply of ret-
rofit components.
•
(6) Provision (apart from the requirements of any general program
for periodic inspection and maintenance of vehicles) for emis-
sions testing at the time of device installation or some other .
positive assurance that the device is installed and operating
correctly.
(e) After' May 31, 1977, the Commonwealth shall not register or allow to
operate on its streets or highways any vehicle that does not comply
with the applicable standards and procedures adopted pursuant to
paragraph (d) of this section.
-167-
-------
(f) After May 3], 1977, no owner of a vehicle subject to this section
shall operate or allow the operation of any such vehicle that does
not comply with the applicable standards and procedures implementing
this section.
(g) Any vehicl.e which is manufactured equipped with an oxidizing catalyst,
or which is certified to meet the original 1975 light-duty vehicle e-
mission standards set forth in section 202(b)(l)(A) of the Clean Air
Act of 1970 (without regard to any suspension of such standards),
shall be exempt from the requirements of this section.
(38 FR 33729, Dec. 6, 1973)
(12.0) 52.2447 Vacuum spark advance disconnect retrofit.
(a) Definitions:
(1) "Vacuum spark advance disconnect retrofit" means a device or sys-
tem installed on a motor vehicle that prevents the ignition vac-
uum advance from operating either when the vehicle's transmission
is in the lower gears, or when the vehicle is traveling below a
predetermined speed so as to achieve reduction in exhaust emis-
sions of hydrocarbon and carbon monoxide from 1967 and earlier
light-duty vehicles of at least 25 and 9 percent, respectively.
(2) "Light-duty vehicle" means a gasoline-powered motor vehicle
rated at 6,000 Ib. gross vehicle weight (GVW) or less.
(3) All other terms used in this section that are defined in Part 51,
Appendix N, are used herein with meanings so defined.
(b) This section is applicable within the Virginia portion of the National
Capita,! Interstate AQCR.
(c) The Commonwealth of Virginia shall establish a retrofit program to en-
sure that on or before January 1, 1976, all light-duty vehicles of
model years prior to 1968 registered in the area specified in para-
graph (b) of this section are equipped with an appropriate vacuum
spark advance disconnect retrofit device or other device, as approved
by the Administrator, that will reduce exhaust emissions of hydrocar-
bons and carbon monoxide to the same extent as a vacuum spark ad-
vance disconnect retrofit. No later than February 1, 1974, the Com-
monwealth of Virginia shall submit to the Administrator a detailed-
compliance schedule showing the steps it will take to establish and
enforce a retrofit program pursuant to this section, including the
text of statutory proposals, regulations, and enforcement procedures
that the Commonwealth proposes for adoption. The compliance schedule
shall also include a date by which the Commonwealth shall evaluate
and approve devices for use in this program. Such date shall be no
-168-
-------
later than September 30, 1974.
(d) No later than April 1, 1974, the Commonwealth shall submit
adopted regulations to the Administrator establishing such
The regulations shall include:
legally
a program.
(1) Designation of an agency responsible for evaluating and approv-
ing devices for use on vehicles subject to this section.
(2) Designation of an agency responsible for ensuring that the pro-
visions of paragraph (d)(3) of this section are enforced.
(3) Provisions for beginning the installation of the retrofit de-
vices by January 1, 1975, and completing the 'installation of
the devices on all vehicles subject to this section no later
than January 1, 1976.
(4) A provision that starting no later than January 1, 1976, no
vehicle for which retrofit is required under this section shall
p'ass the annual emission tests provided for by 52.2423 unless it
has been first equipped with an approved vacuum spark advance
disconnect retrofit device, or other device approved pursuant
to this section, which the test has shown to be installed and
operating correctly. The regulations shall include test pro-
cedures and failure criteria for implementing this provision,
(5) Methods and procedures for ensuring that those installing the
retrofit devices have the training and ability to perform the
needed tasks satisfactorily and have an adequate supply of ret-
rofit components. • '
(6) Provision (apart from the requirements of any general program
for periodic inspection and maintenance of vehicles) for emis-
sions testing at the time of device installation, or some other
positive assurance that the device is installed and operating
correctly.
(e) After January 1, 1976, the Commonwealth shall not register or allow
to operate on its streets or highways any light-duty vehicle that does
not comply with the applicable standards and procedures adopted pur-.
suant to paragraph (d) of this section.
(f) After January 1, 1976, no owner of a vehicle subject to this section
shall operate or allow the operation of any such vehicle that does
not comply with the applicable standards and procedures implementing
this section. ,
(g) The Commonwealth may exempt any class or category of vehicles from
this section which the Commonwealth finds is rarely used on public
streets -and highways (such as classic or antique vehicles) or for
-169-
-------
which the Commonwealth demonstrates to the Administrator that vacuum
spark advance disconnect devices or other devices approved pursuant
to this section are not commercially available.
(38 FR 33730, Dec. 6, 1973)
-170-
-------
0.0) 52 2448 Review of New or Modified Indirect Sources
(b) Regulation for Review of New or Modified Indirect .Sources
(1) All terms used in this paragraph but not specifically defined
below shall have the meaning given them in 52.01 of this chapter.
(i) The term "indirect source" means a facility, building,
structure, or installation which attracts or may attract
mobile source activity that results in emissions of a
pollutant for which there is a national standard. Such
indirect sources include, but are not limited to:
i
(a) Highways and roads.
• (b) Parking facilities.
(c) Retail, commercial and industrial facilities.
(d) Recreation, amusement, sports and entertainment
facilities.
(e) Airports.
(f) Office and Government buildings.
(g) Apartment and condominium-buildings.
(h) Education facilities.
(ii) The term "Administrator" means the Administrator of the
Environmental Protection Agency or his designated agent.
(iii) The term "associated parking area" means a parking facil-
ity or facilities owned and/or operated in conjunction
with an indirect source.
(iv) The term "aircraft operation" means an aircraft take-off
' or landing.
(v) The phrase "to commence construction" means to engage in
a continuous program of on-site construction including
site clearance, grading, dredging, or land filling specif-
ically designed for an indirect source in preparation for
the fabrication, erection, or installation of the build-
ing components of the indirect source. For the purpose
of this paragraph, interruptions resulting from acts of
God, strikes, litigation, or other matters beyond the
control of the owner shall be disregarded in determining
whether a construction or modification program is contin-
uous.
-171-
-------
(vi) The phrase "to commence modification" means to engage in
a continuous program of on-site modification, including
site clearance, grading, dredging, or land filling in
•preparation for specific modification of the indirect
source.
(vii) The term "highway section" means the development propo-
sal of a highway of substantial length between logical
termini (major crossroads, population centers, major
traffic generators, or similar major highway control ele-
ments) as normally included in a single location study or
multivear highway improvement program as set forth in
23 CFR 770.201 (38 FR 31677).
(viii) The term "highway project" means all or a portion of a
highway section which would result in a specific con-
struction contract.
(ix) The term "Standard Metropolitan Statistical Area (SMSA)"
means such areas as designated by the U.S. Bureau of the
Budget in the following publication: "Standard Metro-
politan Statistical Area," issued in 1967, with subse-
quent amendments.
(2) The requirements of this paragraph are applicable to the follow-
ing:
(i) In an SMSA:
(a) Any new parking facility or other new indirect
source with an associated parking area, which has a
n£w parking capacity of 1,000 cars or more; or
(b) Any modified parking facility, or any modification
of an associated parking area, which increases
parking capacity by 500 cars or more; or
(c) Any new highway project with an anticipated average
annual daily traffic volume of 20,000 or more vehi-
cles per day within ten years of construction; or
(d) Any -modified highway project which will increase
average annual daily traffic volume by 10,000 or
more vehicles per day within ten years after modifi
cation.
(ii) Outside an SMSA:
(a) 'Any new parking facility, or other new indirect
source with an associated parking area, which has
a parking capacity of 2,000 cars or more; or
-172-
-------
(b) Any modified parking facility, or any modification
of an associated parking area, which increases park-
ing capacity by 1 ,000 cars or more.
.a
I i -
(iii) -Any airport, the construction or general modification
program of which is expected to result in the following
activity within ten years of construction or modifica-
tion:
(a) New airport: 50,000 or more operations per year by
regularly scheduled air carriers, or use by 1,600,000
or more passengers per year.
(b) Modified airport: Increase of 50,000 or more opera-
tions per year by regularly scheduled air carriers
over the existing volume of operations, or increase
of 1,600,000 or more passengers per year.
(iv) Where an indirect source is constructed or modified in
increments which individually are not subject to review
under this paragraph, and which are not part of a program
of construction or modification in planned incremental
phases approved by the Administrator, all such increments
commenced after December 31, 1974, or after the latest
approval hereunder, whichever date is most recent, shall
be added together for determining the applicability of
this paragraph.
(3) No owner or operator of an indirect source subject to this para-
graph shall commence construction or modification of such source
after December 31, 1974, without first obtaining approval from
the Administrator. Application for approval to construct or mod-
ify shall be by means prescribed by the Administrator, and shall
include a copy of any draft or final environmental impact state-
ment which has been prepared pursuant to the National Environmen-
tal Policy Act (42 U.S.C. 4321). If not included in such environ-
mental impact statement, the Administrator may request the follow-
ing information:
(i) For all .indirect sources subject to this paragraph, other
than highway projects:
(a)( The name and address of the applicant.
(b) A map showing the location of the site of indirect
source and the topography of the area.
(c) A description of the proposed use of the site, in-
cluding the normal hours of operation of the facil-
ity, and the general types of activities to be op-
erated therein.
-173-
-------
(d) A site plan showing the location of associated •
parking areas, points of motor vehicle ingress and
egress to and from the site and its associated
parking areas, and the location and height of .
buildings on the site.
(e) An identification of the principal roads, highways,
•and intersections that will be used by motor vehi-
cles moving to or from the indirect source.
(f) An estimate, as of the first year after the date
the indirect source will be substantially complete
• and operational, of the average daily traffic vol-
umes, maximum traffic volumes for one-hour and
eight-hour periods, and vehicle capacities of the
principal roads, highways, and intersections iden-
tified pursuant to subdivision (i) (e) of this sub-
paragraph located within one-fourth mile of all
boundaries of the site.
(g) Availability of existing and projected mass transit
to service the site.
(h) Where approval is sought for indirect sources to be
constructed in incremental phases, the information
required by this subparagraph (3) shall be submitted
for each phase of the construction project.
(i) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed.site prior to construction or modification.
(ii) For airports:
(a) An estimate of the average number and maximum number
of aircraft operations per day by type of aircraft
during the first, fifth and tenth years after the
date of expected completion.
(b) A description of the commercial, industrial, resi-
dential and other development that the applicant
expects will occur within three miles of the perim-
eter of the airport within the first five and the
first ten years after the date of expected comple-
tion.
(c) Expected passenger loadings at the airport.
(d) The information required under subdivisions (i) (a)
through (i) of this subparagraph.
-174-
-------
(iii) For highway projects:
(a) A description of the average and maximum traffic
volumes for one, eight, and 24-hour time periods
expected within 10 years of date of expected comple-
ti on.
(b) An estimate of vehicle speeds for average and maxi-
mum traffic volume conditions and the vehicle capac-
ity of the highway project.
(c) A map showing the location of the highway project,
' including the location of buildings along the right-
of-way .
(d) A description of the general features of the high-
way project and associated right-of-way, including
• the approximate height, of buildings adjacent to the
highway.
(e) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(iv) For indirect sources other than airports and those high-
way projects.subject to the provisions of paragraph (b)
(6) (iii) of this section, the air quality monitoring re-
quirements of paragraph (b) (3) (i) (i) of this section
shall be limited to carbon monoxide, and shall be con-
ducted for a period of not more than 14 days.
(4) (i) For indirect sources other than highway projects and air-
ports, the Administrator shall not approve an application
to construct or modify if he determines that the indirect
source will:
(a) Cause a violation of the control strategy of any
applicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The Administrator shall make the determination pursuant
to paragraph (b) (4) (i) (b) of this section by evaluat-
ing the anticipated concentration of carbon monoxide at
reasonable receptor or exposure sites which will be af-
fected by the mobile source activity expected to be at-
tracted by the indirect source. Such determination may
be made by using traffic flow characteristic guidelines
-175-
-------
published by the Environmental Protection Agency which
relate traffic demand and capacity considerations to am-
bient1 carbon monoxide impact, by use of appropriate at-
mospheric diffusion models (examples of which are refer-
enced in Appendix 0 to Part 51 of this chapter), and/or
by any other reliable analytic method. The applicant
may (but need not) submit with his application, the re-
sults of an appropriate diffusion model and/or any other
, reliable analytic method, along with the technical data
and information supporting such results. Any such results
and supporting data submitted by the applicant shall be
considered by the Administrator in making his determina-
tion pursuant to paragraph (b) (4) (i) (b) of this sec-
tion.
(5) (i) For airports subject to this paragraph, the Administrator
shall base his decision on the approval or disapproval of
an application on the considerations to be published as
an Appendix to this Part.
(ii) For highway projects and parking facilities specified
under paragraph (b) (2) of this section which are assoc-
iated with airports, the requirements and procedures
specified in paragraphs (b) (4) and (6) (i) and (ii) of
this section shall be met.
(6) (i) For all highway projects subject to this paragraph, the
Administrator shall not approve an application to con-
struct or modify if he determines that the indirect source
will:
(a) Cause a violation of the control strategy of any ap-
plicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The determination pursuant to paragraph (b) (6) (i) (b)
of this section shall be made by evaluating the anticipa-
ted concentration of carbon monoxide at reasonable re-
ceptor -or exposure sites which will be affected by the
mobile source activity expected on the highway for the ten
year period following the expected date of completion ac-
cording to the procedures specified in paragraph (b) (4)
(ii) of this section.
(iii) For new highway projects subject to this paragraph with
an anticipated average daily traffic volume of 50,000 or
more vehicles within ten years of construction, or mod-
ifications to highway projects subject to this paragraph
which will increase average daily traffic volume by 25,000
-176-
-------
or more vehicles within ten years after modification, the
Admin istrator's decision on the approval or disapproval
of an application shall be based on the considerations to
be published as an Appendix to this Part in addition to
the requirements of paragraph (b) (6) .(i) of this section.
(7) The determination of the air quality impact of a.proposed indi-
rect source "at reasonable receptor or exposure sites", shall
such locations where people might reasonably be exposed for time
periods consistent with the national ambient air quality standards
for the pollutants specified for analysis pursuant to this para-
graph. '
(8) (i) Within 20 days after receipt of an application or addition
thereto, the Administrator shall advise the owner or opera-
tor of any deficiency in the information submitted in sup-
port of the application. In the event of such a defi-
ciency; the date of receipt of the application for the
purpose of paragraph (b) (8) (ii) of this section shall
be the date on which all required information is received
by the Administrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
(a) Make a preliminary determination whether the indirect
source should be approved, approved with conditions
in accordance with paragraphs (b) (9) or (10) of this
section, or disapproved.
(b) Make available in at least one location in each re-
gion in which the proposed indirect source would be
constructed, a copy of all materials submitted by the
owner or operator, a copy of the Administrator's
preliminary determination, and a copy or summary of
other materials, if any, considered by the'Adminis-
trator in making his preliminary determination; and
(c) Notify the public, by prominent advertisement in a
newspaper of general circulation in each region in
which the'proposed indirect source would be con-
structed, of the opportunity for written public com-
ment on the information submitted by the owner or
operator and'the Administrator's, preliminary deter-
mination on the approvability of the indirect source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and. to officials
and agencies having cognizance over the location where
the indirect source will be situated, as follows: State
and local air pollution control agencies, the chief exec-
utive of the city and county; any comprehensive regional
-177-
-------
land use planning agency; and for highways, any local
board or committee charged with responsibility for activ-
'ities in the conduct of the urban transportation planning
process (3-C process) pursuant to 23 U.S.C. 134.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on.the application. No later than 10 days after the close
of the public comment period, the applicant may submit a
written response to any comments submitted by the public.
The Administrator shall consider the applicant's response
in making his final decision. All comments shall be made
available for public inspection in at least one location
in the region in which the indirect source would be lo-
cated.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the indirect source would
be located.
(vi) The Administrator may extend each of the time periods
specified in paragraphs (b) (8) (ii), (iv), or (v) of
this section by no more than 30 days, or such other peri-
od as agreed to by the applicant and the Administrator.
(9) (i) Whenever an indirect source as proposed by an owner or
operator's application would not be permitted to be con-
structed for failure to meet the tests set forth pursuant
to paragraphs (b) (4) (i), (b) (5) (i), or (b) (6) (i)
and (iii) of this section, the Administrator may impose
reasonable conditions on an approval related to the air
quality aspects of the proposed indirect source so that
such source, if constructed or modified in accordance
with such conditions, could meet the tests set forth
pursuant to paragraphs (b) (4) (i), (b) (5) (i), or (b)
(&) (i) and (iii) of this section. Such conditions may
include, but not be limited to:
(a) Binding commitments to roadway improvements or ad-
ditional mass transit facilities to serve the in-
direct source secured by the owner or operator from
governmental agencies having jurisdiction thereof;
(b) Binding commitments by the owner or operator to
specific programs for mass transit incentives for
employees and patrons of the source; and
-178-
-------
(c) Binding commitments by the owner or operator to con-
struct, modify, or operate the indirect source in
such a manner as may be necessary to achieve the
traffic flow characteristics published by the Envi-
ronmental Protection Agency pursuant to paragraph
(b) (4) (ii) of this section.
(ii) The Adimnistrator may specify that any items of informa-
tion provided in an application for approval related to
the operation of an indirect source which may affect the
source's air quality impact shall be considered permit
conditions.
(10) Notwithstanding the provisions relating to modified indirect
sources contained in paragraph (b) (2) of this section., the Ad-
ministrator may condition any approval by reducing the extent to
which the indirect source may be further modified without resub-
mission for approval under this paragraph.
(11) Any owner or operator who fails to construct an indirect source
in accordance wi.th the application as approved by the Administra-
tor; any owne'r or operator who fails to construct and operate an
indirect source in accordance with conditions imposed by the Ad-
ministrator under paragraph (b) (9) of this section; any owner
or operator who modifies an indirect source in violation of con-
ditions imposed by the Administrator under paragraph (b) (10) of
this section; or any owner or operator of an indirect source
subject to this paragraph who commences construction or modifi-
cation thereof after December 31, 1974, without applying for and
receiving approval hereunder, shall be subject to the penalties
specified under section 113 of the Act and shall be considered in
violation of an emission standard or limitation under section 304
of the Act. Subsequent modification to an approved indirect
source may be made without applying for permission pursuant to
this paragraph only where such modification would not violate any
condition imposed pursuant to paragraphs (b) (9) and (10) of this
section and would not be subject to the modification criteria set
forth in paragraph (b) (2), of this section.
(12) Approval to construct or modify shall become invalid if construc-
tion or modification is not commenced within 24 months after re-
ceipt of such approval. The Administrator may extend such time
period upon satisfactory showing that an extension is justified.
The applicant may apply for such an extension at the time of ini-
tial application or at any time thereafter.
(13) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strategy
and all local, State and Federal regulations which are part of tne
applicable State'implementation plan.
-179-
-------
(14) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting indirect source review pur-
suant to this paragraph to any agency, other than a regional of-
fice of the Environmental Protection Agency, the following pro-
visions shall apply:
(i) . Where the agency designated is not an air pollution
control agency, such agency shall consult the appropri-
ate State or local air pollution control agency prior to
making any determination required by paragraphs (b) (4),
(5), or (6) of this section. Similarly, where the agency
designated does not have continuing responsibilities for
land use planning, such agency shall consult with the
appropriate State or local land use and transportation
planning agency prior to making any determination re-
quired by paragraph (b) (9) of this section.
(ii) The Administrator of the Environmental Protection-Agency
shall conduct the indirect source review pursuant to
this paragraph for any indirect source owned or operated
by the United States Government.
(iii) A copy of the notice required pursuant to paragraph (b)
(8) (ii) (c) of this section shall be sent to the Admin-
istrator through the appropriate Regional Office.
(15) In any area in which a "management of parking supply" regulation
which has been promulgated by the Administrator is in effect, in-
direct sources which are subject to review under the terms of such
a regulation shall not be required to seek review under this para-
graph but instead shall be required to seek review pursuant to
such management of parking supply regulation. For purposes of
this paragraph, a "management of parking supply" regulation shall
be any regulation promulgated by the Administrator as part of a
transportation control plan pursuant to the Clean Air Act which
requires that any new or modified facility containing a given num-
ber of parking spaces shall receive a permit or other prior approv-
al, issuance Of which is to be conditioned on air quality consid-
erations..
(16) Notwithstanding any of the foregoing provisions to the contrary,
the operation of this paragraph is hereby suspended pending fur-
ther notice. No facility which commences construction prior to
the expiration of the sixth month after the operation of this para-
graph is reinstated (as to that type of facility) shall be subject
to this paragraph.
(37 FR 10846, May 31, 1972 as amended at 40 FR 23065, July 3,
1975; 40 FR 40160, Sept. 2, 1975)
-180-
-------
52 2451 Prevention of Significant Deterioration
(b) Definitions. For the purposes of this section:
(1) "Facility" means an identifiable piece of process equipment. A
stationary source is composed of one or more pollutant-emitting
facilities.
(2) The phrase "Administrator" means the Administrator of the Envi-
ronmental Protection Agency or his designated representative.
(3) The phrase "'Federal Land Manager" means the head, or his desig-
nated representative, of any Department or Agency of the Fed-
eral Government which administers federally-owned land, includ-
ing public domain lands.
(4) The phrase "Indian Reservation" means any federally-recognized
reservation established by Treaty, Agreement, Executive Order,
or Act of Congress.
(5) The phrase "Indian Governing Body" means the governing body of
any tribe, band, or group of Indians subject to the jurisdiction
of the United States and recognized by the United States as pos-
sessing power of self-government.
(6) "Construction" means fabrication, .erection or installation of a
stationary source.
(7) "Commenced" means that an owner or operator has undertaken a
continuous program of construction or modification or that an
owner'or operator has entered into a contractual obligation to
undertake and complete, within a reasonable time, a continuous
program of construction or modification.
(c) Area designation and deterioration increment
(1) The provisions of this paragraph have been incorporated by ref-
erence into'the applicable implementation plans for various
States, as provided in Subparts B through ODD of this part. Where
this paragraph is so incorporated, the provisions shall also be
applicable to all lands owned by the Federal Government and In-
dian Reservations located in such State. The provisions of this
paragraph do not apply in those counties or other functionally
equivalent areas that pervasively exceeded any national ambient
air quality'standards during 1974 for sulfur dioxide or particu-
late matter and then only with respect to such pollutants.
States may notify the Administrator at any time of those areas
which exceeded the national standards during 1974 and therefore
are exempt from the requirements of this paragraph.
-181-
-------
(2) (i) For purposes of this paragraph, areas designated as Class
I or II shall be limited to the following increases in
pollutant concentration occurring since January 1, 1975:
__ ___ Area Designations
Pollutant Class I Class II
(ug/m3) (ug/m3)
Particulate matter:
Annual geometric mean 5 10
24-hr maximum 10 30
Sulfur dioxide:
Annual arithmetic mean 2 15
24-hr maximum 5 100
3-hr maximum 25 700
(ii) For purposes of this paragraph, areas designated as Class
III shall be limited to concentrations" of pa'rti'culate
matter and sulfur dioxide no greater than the national
ambient air quality standards.
(iii) The air quality impact of sources granted approval to
construct or modify prior to January 1, 1975 (pursuant to
the approved new source review procedures in the plan)
but not yet operating prior to January 1, 1975, shall not
be counted against the air quality increments specified
in paragraph (c) (2) (i) of this section.
(3) (i) All areas are designated Class II as of the effective
date ot this paragraph. Redesignation may be proposed by
the respective States, Federal Land Manager, or Indian
, Governing Bodies, as provided below, subject to approval
by the Administrator.
(ii) The State may submit to the Administrator a proposal to
redesignate areas of the State Class I, Class II, or
Class III, provided that:
(a) -At least one public hearing is held in or near t
area affected and this public hearing is held in
accordance with procedures established in 51.4 o
this chapter, and
the
n
in 51.4 of
(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
-182-
-------
(c) A discussion of the reasons for the proposed redes-
ignation is available for public inspection at least
30 days prior to the hearing and the notice announc-
ing the hearing contains appropriate notification of
the. availability of such discussion, and
(d) The proposed redesignation is based on the record of
the State's hearing, which must reflect the basis
'for the proposed redesignation, 'including consider-
ation of (1) growth anticipated in the area, (2)
the social, environmental, and economic effects of
.such redesignation upon the area being proposed for
redesignation and upon other areas and States, and
(3) any impacts of such proposed redesignation upon
regional or national interests.
(e) The redesignation is proposed after consultation
.with the elected leadership of local and other sub-
state general purpose governments in the 'area cov-
ered by the proposed redesignation.
(iii) Except as provided in paragraph (c) (3) (iv) of this
section, a State in which lands owned by the Federal Gov-
ernment are located may submit to the Administrator a
proposal to redesignate such lands Class I, Class II, or
Class III in accordance with subdivision (ii) of this
subparagraph provided that:
(a) The redesignation is consistent with adjacent State
and privately owned land, and
(b) Such redesignation is proposed after consultation
with the Federal Land Manager.
(iv) Notwithstanding subdivision (iii) of this subparagraph,
the Federal Land Manager may submit to the Administrator
a proposal to redesignate any Federal lands to a more
restrictive designation than would otherwise be applic-
able provided that:
(a) The Federal Land Manager follows procedures equiv-
alent to those required of'States under paragraph
(c) (3) (ii) and, .
(b) Such redesignation is proposed after consultation
with the State(s) in which the Federal Land is lo-
cated or which border the Federal Land.
(v) Nothing in this section is intended to convey authority
to the States over Indian Reservations where States ha(/3
not 'assumed such authority under other laws nor is it
intended to deny jurisdiction which States have assumed
-183-
-------
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) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Indian Reservation
is located or which border the Indian Reservation
1 and, for those lands held in trust, with the approv-
al of the Secretary of the Interior.
(vi) The Administrator shall approve, within 90 days, any re-
designation proposed pursuant to this subparagraph as
follows:
(a) Any redesignation proposed pursuant to subdivisions
(ii) and (iii) of this subparagraph shall be approv-
ed unless the Administrator determines (1) that the
requirements of subdivisions (ii) and (iii) of this
subparagraph have not been complied with, (2) that
the State has arbitrarily and capriciously disre-
garded relevant considerations set forth in sub-
paragraph (3) (ii) (d) of this paragraph, or (3)
that the State has not requested and received dele-
gation of responsibility for carrying out the new
source review requirements of paragraphs (d) and (e)
of this section.
(b) Any redesignation proposed pursuant to subdivision
(iv) of this subparagraph shall be approved unless
he determines (1) that the requirements of subdivi-
sion (iv) of this subparagraph have not been complied
with, or (2) that the Federal Land Manager has arbi-
trarily and capriciously disregarded relevant con-
siderations set forth in subparagraph (3) (ii) (d) of
this paragraph.
(c)' Any redesignation submitted pursuant to subdivision
(v) of this subparagraph shall be approved unless he
determines (1) that the requirements of subdivision
^v) of this subparagraph have not been complied with,
or (2) that the Indian Governing Body has arbitrar-
ily and capriciously disregarded relevant consider-
ations set forth in subparagraph (3) (ii) (d) of this
paragraph.
-184-
-------
(d) 'Any redesignation proposed pursuant to this para-
• graph shall be approved only after the Administrator
has solicited written comments from affected Federal
agencies and Indian Governing Bodies and from the
public on the proposal.
(e) Any proposed redesignation protested to the propos-
ing State* Indian Governing Body, or Federal Land
Manager and to the Administrator by another State or
Indian Governing Body because of the effects upon
such protesting State or Indian Reservation shall be
approved by the Administrator only if he determines
that in his judgment the redesignation appropriately
balances considerations of growth anticipated in the
area proposed to be redesignated; the social, envi-
ronmental and economic effects of such redesignation
. upon the area being redesignated and upon other areas
and States; and any impacts upon regional or nation-
al interests.
(f) The requirements of paragraph (c) (3).(vi) (a) (3)
that a State request and receive delegation of the
new source review requirements of this section as a
condition to approval of a proposed redesignation,
shall include as a minimum receiving the administra-
tive and technical functions of the new source re-
view. The Administrator will carry out any required
enforcement action in cases where the State .does not
have adequate legal authority to initiate such ac-
tions. The Administrator may waive the requirements
of paragraph (c) (3) (vi) (a) (3) if the State Attor-
ney-General has determined that the State cannot ac-
cent 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 source's
(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 DOD 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
-185-
-------
source which is modified, but does not increase the amount of
sulfur oxides or particulate matter emitted, or is modified to
utilize af\ alternative, fuel, or higher sulfur content fuel, shall
not be subject to this paragraph.
(i) Fossil-Fuel Steam Electric Plants of more than 1000 mil-
lion'S.T.U. per hour heat input.
(ii) 'Coal Cleaning Plants. . • . •.
(iii) Kraft Pulp Mills.
(iv) . Portland Cement Plants.
(v) Primary Zinc Smelters.
(vi) Iron and Steel Mills.
(vii) Primary Aluminum Ore Reduction Plants.
(viii) Primary Copper Smelters.
(ix) Municipal Incinerators capable of charging more than 250
tons of refuse per 24 hour day.
(x) Sulfuric Acid Plants.
(xi) Petroleum Refineries.
(xii) Lime Plants.
(xiii) Phosphate Rock Processing Plants.
(xiv) By-Product Coke Oven Batteries.
(xv) Sulfur Recovery Plants.
(xvi) Carbon Black Plants (furnace process).
(xvii) Primary Lead Smelters.
(xviii) Fuel Conversion Plants.
(xix) Ferroalloy production facilities commencing construction
after October 5, 1975.
(2) No owner or operator shall commence construction or modification
of a source subject to this paragraph unless the Administrator de-
termines that, on the basis of information submitted pursuant to
subparagraph (3) of this paragraph:
-186-
-------
(i) The .effect on air quality concentration of the source or*
modified source, in conjunction with the effects of growth
and reduction in emissions after January 1, 1975, of other
sources in the area affected by the proposed source, will
not violate the air quality increments applicable in the
area where the source will be located nor the air quality
increments applicable in any other areas. The analysis of
emissions growth and reduction after January 1, 1975, of
other sources in the areas affected by the proposed source
shal»l include all new and modified sources granted approv-
al to construct pursuant to this paragraph; reduction.in
emissions from existing sources which contributed to air
quality during all or part of 1974; and general commer-
cial, residential, industrial, and other sources of emis-
sions growth not exempted by paragraph (c) (2) (111) of
this section which has occurred since January 1, 1975.
(ii) The new or modified source will meet an emission limit,
to be specified by the Administrator as a condition to
approval, which represents that level of emission reduc-
tion which would be achieved by the application of best
available control technology, as defined in 52.01 (f),
for pa.rticulate 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
shal'l to the degree possible set forth the emission re-
ductions achievable by implementation of such design or
equipment, and shall provide for compliance by means which
achieve equivalent results. ... • .
(iii) With respect to modified sources, the requirements of sub-
paragraph (2) (ii) of this paragraph shall be applicable
only to the facility or facilities from which emissions
are increased.
(3) In making the determinations required by paragraph (d) (2) of this
section, the Administrator shall, as a minimum, require the owner
or operator of the source subject'to this paragraph to submit:
site information, plans, description, specifications, and drawings
showing the design of the source; information necessary to de-
termine the impact that the construction or modification will have
on sulfur dioxide and particulate matter air quality levels; 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
-187-
-------
Administrator) since January 1, 1975.
(4) (i) Where* a new or modified source is located on Federal
Lands, such source shall be subject to the procedures
set forth in paragraphs (d) and (e) of this section.
Such procedures shall be in addition to applicable pro-
cedures conducted by-the Federal Land Manager for admin-
istration and protection of the affected Federal Lands.
Where.feasible, the Administrator will coordinate his
review and hearings with the Federal Land Manager, to
avoid duplicate administrative procedures.
•»
(ii) New or modified sources which are located oh Indian
Reservations shall be subject to procedures set forth in
paragraphs (d) and (e) of this section. Such procedures
shall be administered by the Administrator in cooperation
with the Secretary of the Interior with respect to lands
over which the State has not assumed jurisdiction under
other laws.
(iii) Whenever any new or modified source is subject to action
by a Federal Agency which might necessitate preparation
of an environmental impact statement pursuant to the
National Environmental Policy Act (42 U.S.C. 4321), re-
view by the Administrator conducted pursuant to this
paragraph shall be coordinated with the broad environmen-
tal reviews under that Act, to the maximum extent feas-
ible and reasonable.
(5) Where an owner or operator has applied for permission to con-
struct or modify pursuant to this paragraph and the proposed
source would be located in an area which has been proposed for
redesignation to a more stringent class (or the State, Indian
Governing Body, or Federal Land Manager has announced such con-
sideration), approval shall not be granted until the Administra-
tor has acted on the proposed redesignation.
(e) Procedures for public participation
(1) (i) Within 20 days after receipt of an application to con-
struct, or any addition to such application, the Admin-
istrator shall advise the owner or operator of any de-
ficiency in the information submitted in support of the
.application. In the event of such a deficiency, the date
of receipt of the application for the purpose of para-
graph (e) (1) (ii) of this section shall be the date on
which all required information is received by the Admin-
istrator.
(ii) Within 30 days after receipt of a complete application,
•the Administrator shall:
-188-
-------
(a) Make a preliminary determination whether the source
, should be approved, approved with conditions, or dis-
approved.
(b) Make available in at least one location in each re-
' gion in which the proposed source would be construct-
ed, a copy of all.materials submitted by the owner or
operator, a copy of the Administrator's preliminary
determination and a copy or summary of other materi-
als, if any, considered by the Administrator in mak-
ing his preliminary determination; and
(c) Notify the public, by prominent advertisement in
newspaper of general circulation in each region- in
which the proposed source would be constructed, of
the opportunity for written public comment on the in-
formation submitted by the owner or operator and the
Administrator's preliminary determination on the ap-
• provability of the source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials and
agencies having cognizance over the locations where the
source will be situated as follows: State and locaTair
pollution control agencies, the chief executive Of the
city and county; any comprehensive regional land use plan-
ning agency; and any State, Federal Land Manager or In-
dian Governing Body whose lands will be significantly af-
fected by the source's emissions.
(iv) Public comments submitted in writing within 30 days after
the .date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than.10 days after the
close, of the public comment period, the applicant may sub-
mit a written response to any comments submitted by the
public. The Administrator shall consider the applicant's
response in making his final decision. All comments shall
be made available for public inspection in at least one
location in the region in which the source would be located,
I ' '
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the .application, and shall set forth his, reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the source would be lo-
cated.'
-189-
-------
(vi) The Administrator may extend each of the time periods
specified in paragraph (e) (1) (ii), (iv), or (v) of this
section by no more than 30 days or such other period as
agreed to by the applicant and the Administrator.
(2) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as ap-
proved and conditioned by the Administrator, or any owner or op-
erator of a stationary source subject to this paragraph who com-
mences construction or modification after June 1, 1975, without
applying for'and, receiving approval hereunder, shall be subject
to enforcement 'action under section 113 of the Act.
(3) Approval to construct or modify shall become invalid If construc-
tion or expansion is not commenced within 18 months after receipt
of such approval or if construction is discontinued for a period
of 18 months.or more. The Administrator may extend .such time pe-
riod upon a satisfactory showing that an extension is justified.
(4) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strat-
egy and all local, State, and Federal regulations which are part
of the applicable State Implementation Plan.
(f) Delegation of authority
(1) The Administrator shall have the authority to delegate responsi-
bility for implementing the procedures for conducting source re-
view pursuan£ to paragraphs (d) and (e), in accordance with sub-
paragraphs (2), (3), and (4) of this paragraph.
(2) Where the Administrator delegates the responsibility for imple- .
menting the procedures for conducting source review pursuant to
this section to any Agency, other than a regional office of the
Environmental Protection Agency, the following provisions shall
apply:
(i)
(IT)
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
Vand' 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. :
A copy of the notice pursuant to paragraph (e) (1) (ii)
(c) of this section shall be sent to the Administrator
through the appropriate regional office.
-190-
-------
r
(3) In accordance with Executive Order 11752, the Administrator's
authority.for implementing the procedures for conducting source
review pursuant to this section shall not be delegated, other than
to a regional office of the Environmental Protection Agency, for
new or modified sources which are owned or operated by.the Federal
government or for* new or modified sources located on Federal lands;
except that, with respect to the latter category, where new or
modified sources are constructed or operated on Federal lands pur-
suant to leasing or other Federal agreements, the Federal land
Manager may at his discretion, to the extent permissible under ap-
plicable statutes and regulations, require the lessee or permittee
to be subject to' a designated State or local agency's procedures
developed pursuant to paragraphs (d) and (e) of this section.
(4) The Administrator's authority for implementing the procedures for
conducting source review pursuant to this section shall not be re-
delegated, other than to a regional office of the Environmental
Protection Agency, for new or modified sources which are located
on Indian reservations except where the State has assumed juris-
diction over such land under other laws, in which case the Admin-
.istrator may delegate his authority to the States in accordance
with subparagraphs (2), (3), and (4) of this paragraph.'
(39 FR 42514, Dec. 5, 1974; 40 FR 2802, Jan. 16, 1975, as
amended at 40 FR 24535, June 9, 1975; 40 FR 25005, June 12,.
2975; 40 FR 42012, Sept. 10, 1975)
-191-
------- |