U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 291
Air Pollution Regulations in State
Implementation Plans: Tennessee
Abcor Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
-------
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
^90291
EPA-4SO/3-78-092
August 1978
Air
&ER&
Air Pollution Regulations
in State Implementation
Plans:
Tennessee
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. \2.
EPA-450/3-78-092 J
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation i
Plans: Tennessee
7. AUTHOR(S)
3. RECIPIENT'S ACCESSION-NO.
ECIPIEI
IB
6. 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. CONTRACT7GRANT NO.
68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
13. TYPE OF REPORT AND PERIOD COVERED
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park. NC 27711
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean A'ir
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 tlie 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.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.IDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
Air pollution
Federal .Regulations
Pollution
State Implementation Plans
8. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (This Report)
Unclassified
21.
20. SECURITY CLASS (This page i
Unclassified
22. PRICE PC-
As/
EPA Form 22200 (9-73)
-------
EPA-450/3-78-092
Air Pollution Regulations
in State Implementation Plans
Tennessee
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
-------
This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
.findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-092
11
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INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the Clean.Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved '
State and/or local air quality regulations as indicated in the. Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the^above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA'prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted.indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects, therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities,
•Since State air quality regulations vary widely in their organization*
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper, smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.
; Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary,sheets contain the date of submittal to EPA of each revision
in
-------
to the SIPvand the date.of. the Federal Register in which the revision
was either approved or disapproved by EPA7 Finally, a brief description
6Y'reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for'determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
Which are incorporated directly or by reference into Title 40, Part 52,
of the Code Of Federal Regulations. Consequently, the excTustbn of a
Federally approved regulation from this document does not diminish the
enforceatri 1ity of the regulation. Similirly, the inclusion of a given
regulation (forexampleV,'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
4/27/72
8/17/72
2/16/73
6/8/73
7/18/73
8/13/73.
OF
ERA-APPROVED REGULATION CHANGES
TENNESSEE
Approval
5/31/72
10/28/72
7/24/74
7/24/74
3/13/74
3/13/74
10/12/73
4/30/76
8/8/74
2/25/77
Description
Chapter 3 - City of
Memphis
Regs, of Memphis-
Shelby Co., Knoxville-
Knox Co.
State New Source
Performance STDs.
State Chapter II—IV
VI—XIII
Hamilton Co. Regs.
Note: Rule 15216
disapproved.
Metro Code Nashville-
Davidson Co., Chapter IV
Note: No action on
4-1-3 Old reg. previously
approved remains in
effect.
State Chapter II, VI,
VII, IX, XIV,
Note: disapproved for
Roane and Humphreys Co.
for Fuel Burn Eq. of
1,000 million BTU per
hour or more. The
original approved Regs.
remain in affect for
these 2 Counties.
State Chapter 1200-
3-14.
Note: replaces old
Chapter XIV.
-------
FEDERAL REGULATIONS
Section No, Description
52.2223 Compliance Schedule.
52.2228 Review of New or Modified
Indirect Sources.
52.2232 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) - Participates
(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 SULRJRIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
VIII
-------
TABLE OF CONTENTS
Revised Standard
Subject Index
(2.0)
(1.0)
(4.0)
(2.0)
0.0)
(4.0)
(2.0)
(51.13)
(2.0)
(51.13)
(2.0)
(3.0)(51.13)
(50.1.2)
(1.0)
(2.0)
(50.1)
(50.1)
(50.1)
(51.5)
(51.5)
STATE
Section
Number
Chapter I
Chapter II
Chapter III
Section 1
Section 2
Section 3
Section 4
Chapter IV
Section 1
Section 2
Section 3
Section 4
Chapter V
Section 1
Section 2
Chapter VI
Section 1
Section 2
Section 2 A.
Section 2 B.
REGULATIONS
Title
General Provisions
Definitions
Ambient Air Quality Standards
Applicability
Definitions
Standards
-
Open Burning
Purpose
Open Burning Prohibited
Exceptions To Prohibition
Permits For Open Burning
Visible Emission Regulations
Definitions
General
Non-Process Emission Standards
General Non-Process Particulate
Emissions
Non-Process Particulate Emis-
sion Standards
Choice of Standards - Existing
Fuel -Burning Equipment .
New Fuel -Burning Equipment
Page
1
2
7
7
7
8
11
12
12
12
12
13
14
14
14
16
16
16
16
18
IX
-------
Revised Standard
Subject Index
(51.9)
(51.20)
(50.0)
(50.1.1)
(50.1,1)
(50.1.1)
(50.1.1) -
(50.1.1)
(10.0)
(50.0)
(50.4)
(51.0)
(51.18)
(51.4)
(51.1)
(51.10)
(51.3)
(51.14)
(51.8)
Section
Number
Section 2 C.
Section 2 D.
Section 3
Chapter VII
Section 1
Section 2
Section 3
Section 5
Section 6
Section 7
Section 9
Section 10
Section TO A.
Section 10 B.
Section 10 C.
Section 10 D.
Section 10 E.
Section 10 F.
Section 10 6.
Title Page
Incinerators 19
Wigwam Burners 19
General Provisions and
Applicability For Process
Gaseous Emission Standards 21
Process Emission Standards 22
General Process Particulate
Emission Standards 22
Choice of Particulate Emission
Standards - Existing Processes 22
New Process Emission Sources 24
Specific Process Emission :
Standards 24
Standards of Performance For
New Stationary Sources 24
General Provisions and Appli-
cability For Process Gaseous
Emission Standards 24
Hydrocarbon Emissions 25
Specific Process Emission
Standards 30
Sulfuric Acid Plants 30
Existing Ferrous Jobbing
Cupolas 31
Existing Cotton Gins 32
Emission From Nitric Acid
Plants 33
New Portland Cement Plants 34
Existing Kraft Mills 34
Existing Asphalt Plants 34
-------
Revised Standard
Subject Index
(50.1)
(2.0)
(6.0)
(3.0)
(3.0)
(3.0)
(2.0)
(2.0)
(2.0)
(9.0)(13.0)
(9.0)
(13.0)
(7.0)
(11.0)
(11.0)
(11.0)
(11.0)
(9.0).
(2.0)
Section
Number
Chapter VIII
Section 1
Section 2
Chapter IX
Section 1
Section 2
Section 3
Section 4
Section 5
Chapter X
Section 1
Section 2
Section 3
Chapter XI
Section 1
Section 2
Section 3
Chapter XII
Section 1
Title Page
Fugitive Dust 36
General 36
Compliance Schedule 36
Construction and Operating
Permits 40
Construction Permit 40
Operating Permit 40
43
Exemptions 43
44
Required Sampling, Recording
and Reporting 46
Sampling Required To Estab-
lish Air Contaminant Emis-
sion Levels 46
Monitoring of Source Emissions,
Recording and Reporting of the
Same Are Required 47
Malfunction of Equipment,
Reports Required 48
Hazardous Air Contaminants 49
Hazardous Air Contaminants 49
Information Required Concerning
Hazardous Air Contaminants 49
Operation of Source Emitting
Hazardous Air Contaminants 50
Methods of Sampling and Analysis 51
General 51
XI
-------
Revised Standard
Subject Index
(9.0)
(9.0)
(2.0)
(50.2)
(2.0)
(51.6)
(50.1.1)
Revised Standard
Subject Index
(2.0)
(16.0)
(16.0)
(5.0)
(8.0)
06.0.)
(2.0)
Section
Number
Section 2
Section 3
Chapter XIII
Chapter XIV
Section 1
Section 2
Section 3
Hamilton County
Section
Number
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Title
Ambient Air Sampling and
Analysis
Source Sampling and Analysis
Severability
Control of Sulfur Dioxide
Emissions
General Provisions
Non-Process Emission Standards
Process Emission Standards
Air Pollution Control
Title
Declaration of Policy and
Purpose: Title
Air Pollution Control Board:
Bureau of Air Pollution
Control
Powers and Duties of the
Board: Delegation
Enforcement: Procedure for,
Adjudicatory Hearings
Variances
Emergencies
Hearings and Judicial Review
Confidentiality of Certain
Page
51
57
61
62
62
62
65
Page
67
68
70
72
73
74
75
Section 9
Records 76
Rules, Regulations, Criteria
and Standards 77
xii
-------
Revised Standard
Subject Index
(2.0)
(50.3)
(50.1.2)
(50.2)
(51.21)
Section
Number
Rule 1
Rule 2
Rule 3
Rule 4
Rule 5
(51.13)
(51.9)
(51.5)
(12.0)(50.1.2)
(50.1.1)
(51.21)
(50.6)
(50.2)
(50.7)
(3.0)
(13.0)
(13.0)
(15.0)
(2.0)
Rule 6
i
1
Rule 7 1
Rule 8
Rule 9
Rule 10
Rule 11
Rule 12
Rule 13
Rule 14
Section 10
Section 11
Section 12
Section 13
Section 14
Title Page
Title 77
Regulation of Nitrogen Oxides 77
Visible Emission Regulations 78
Regulation of the Importation,
Sales, Transportation, Use or
Consumption of Certain Fuels 79
Prohibition of Hand-Fired
Fuel-Burning Equipment 80
Prohibition of Open Burning 80
Incinerator Regulation 82
Fuel-Burning Equipment Regu-
lations 83
Regulation of Visible Emis-
sions from Internal Combustion
Engines 84
Process Emission Regulations 85
Regulation of Transporting and
Material Handling in Open Air 88
Regulation of Odors in the
Ambient Air 88
Regulation of Sulfur Oxides 88
Nuisances 89
Installation Permit, Temporary
Operating Permit and Certificate
of Operation 89
Charges for Technical Reports 100
Records 100
Entry and Search Warrants 101
General Provisions 101
Xl.ll
-------
Revised Standard
Section
Subject Index
(3.0)
(1.0)
(2.0)
(2.0)
(15.0)
(2.0)
(2.0)
Revised Standard
Subject .Index
(2.0)
(1.0)
(4.0)
(2.0)
(51.13)
(50.1.2)
(50.0)
(50.1.1)
(51.9)
(50.6)
(50.1)
(50.4)
Number
Section 15
Section 16
Section 17
Section 18
Section 19
Section 20
Section 21
Knox County Air
Section
Number
12.0
13.0
14.0
15.0
16.0
17.0
18.0
19.0
20.0
21.0
22.0
23.0
Title
Registration of Equipment
Definitions
Invalidation of Dual Standards
Right to File Abatement Suits
Penalties
Limitation
Severability
Pollution Control Regulations
Title
Introduction
Definitions
Ambient Air Quality Standards
Prohibitions of Air Pollution
Open Burning
Page
103
103
107
107
107
108
108
Page
109
110
115
117
119
Regulation of Visible Emissions 120
Regulation of Non-Process
Emissions
Regulation of Process Emis-
sions
Regulation of Incinerators
Regulation of Odors
Regulation of Fugitive Dust
and Materials
Regulation of Hydrocarbon
Emissions
121
125
130
132
133
134
XIV
-------
Revised Standard
Section
Subject Index
(50.1)
(3.0)
(9.0)03.0)
(9.0)
(5.0)
(16.0)
(15.0)
(15.0)
(15.0)
(14.0)
(7.0)
(11.0)
(8.0)
(50.0)
(50.0)
(2.0)
Number
24.0
25.0
26.0
27.0
28.0
29.0
30.0
31.0
32.0
33.0
34.0
35.0
36.0
37.0
38.0
39.0
Title Page
Regulation of Air-borne and
Wind-borne Materials 134
Permits 136
Monitoring, Recording and
Reporting 142
Sampling and Testing
Materials 146
Variances 150
Appeals 152
Violations 155
Right of Entry 156
Use of Evidence 157
Confidentiality and Access-
ibility of Records 158
Malfunction of Equipment 159
Hazardous Air Contaminants 161
Emergency Regulations 163
Separation of Emissions 172
t
Combination of Emissions 172
Severability 172
xv
-------
Memphis City Code
Revised Standard
Subject Index
(2.0)
(1.0)
(15.0)
(15.0)
(8.0)
(10.0)
(3.0)
(9.0)
(9.0)
(7.0)(13.0)
(5.0)
(2.0)
(4.0)
(51.13).
(50.1.2)
(50.1)
(50.7)
Section
Number
Chapter 3
Article I
Section 3-1
Section 3-2
Section 3-3
Section 3-4
Section 3-5
Section 3-6
Section 3-7
Section 3-8
Section 3-9
Section 3-10
Article II
Section 3-15
Section 3-16
Section 3-17
Section 3-18
Section 3-19
Title
Air Pollution Control
In General
Definitions
Violations of Chapter Notice;
Citation; Injunctive Relief
Penalty
Emergencies
New Sources and Modification
of Existing Sources of Air
Contamination-Approval
Required
Operating Permits
Sampling and Testing to
Establish Air Contaminant
Levels
Monitoring of Source Emis-
sions, Records, Reporting
Malfunction of Equipment,
Reports Required
Variances
Regulations
Ambient Air Quality Standards
Open Burning
Regulation of Visible Emis-
sions
Fugitive Dust
Nuisance Abatement
Page
174
174
174
177
177
178
179
180
182
183
184
185
187
187
187
188
189
189
XVI
-------
Revised Standard
Subject Index
(50.1.1)
(51.4)
(51.5)
(51.9)
(51.6)
(11.0)
(10.0)
(16.0)
(16.0)
Section
Number
Section 3-20
Section 3-21
Section 3r22
Section 3-23
Section 3-24
Section 3-25
Section 3-26
Article III
Section 3-35
Title Page
Regulation of Process Par-
ti cul ate Emissions 190
Regulation of Particulate
Matter From Ferrous Jobbing
Cupolas 190
Regulation of Particulate
Matter From Fuel-Burning
Installations 191
Regulations of Particulate
Matter From Incinerators 191
Sulfur Dioxide 193
Hazardous Air Contaminants 195
Performance Standards for
New Stationary Sources 195
Air Pollution Control Hearing
Board 202
Created; Membership; Term of
Office; Jurisdiction; Hear-
ings; Appeals 202
Metropolitan Health Department
The Code of the Metropolitan Government of Nashville and Davidson County.
Section
Revised Standard
Subject Index
(1.0)
(50.1.2)
(51.21)
. (11.0)
Number
Section 4-1-1
Section 4-1-2
Section 4-1-3
Section 4-1-4
Title Page
Definitions 206
Visible Emission Regulations 209
Regulation of Importation,
Sale, Transportation, Use
or Consumption 210
Hazardous Air Contaminants 210
XVII
-------
Revised Standard
Subject Index
(51.13)
(51.9)
(51.5)
(12.0) •
(16,0)
(16.0)
Section
Number
Section 4-1-5
Section 4-1-6
Section 4-1-7
Section 4-1-8
(50.1.1)
(50.6)
(12.0).
(50.1);
(51,21)
(9.0)
(9.0)
(3.0)
(3.0)
(4.0)
(16.0)
(16.0)
Section 4-1-9
Section 4-1-10
Section 4-1-11
Section 4-1-12
Section 4-1-13
Section 4-1-14
Section 4-1-15
Section 4-1-16
Section 4-1-17
Section 4-1-18
Section 4-1-19
Section 4-1-20
Section 4-1-21
Section 4-1-22
Title Page
Open Burning Regulation 210
Incinerator Regulations 211
Regulations on Fuel-Burning
Equipment 212
Regulation on Internal
Combustion Engines 213
Regulation of Process Emissions 213
Regulation of Odors in
Ambient Air 216
Use of Public Facilities
or Highways 216
Regulation of Fugitive Dust 216
Regulation on Laundries, Dry
Cleaning Plants, Etc. 216
Measurement of Emissions of
Air Contaminants 217
Testing 218
Registration and Permits 220
Fees for Permits 225
Ambient Air Quality Standards 225
Powers and Duties of the Board 227
Facts and Circumstances to be
Considered By The Board 228
Procedure for Public Hearings
by Board of Health 229
Public Hearings on Complaints
Authorized to be Filed with
the Board 229
XVIII
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Revised Standard
Subject Index
(5.0)(16.0)
(8.0)
(50.7)
(2.0)
Section
Number
Section 4-1-23
Section 4-1-24
Section 4-1-25
Section 4-1-26
Title Page
Variances and Public Hearing
Thereon 230
Emergencies 232
Air Pollution Declared A
Nuisance; Injunctive Relief 232
Co-ordination Between Health
Department, Department of Codes
Administration and Planning
Commission With Respect to
Approval of Installation, Land-
use Plans and Zoning Regulations 233
(2.0)
Section 4-1-27
Severability
233
Federally Promulgated Regulations
Revised Standard
Subject Index
(6.0)
(10.0)
(17.0)
Section
Number
52.2223
52.2228
52.2232
Title
Compliance Schedules
Review of New or Modified
Indirect Sources
Prevention of Significant
Deterioration
Page
235
241
251
XIX
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CHAPTER I
(2.0) GENERAL PROVISIONS
These regulations are intended to implement provisions of the
"Tennessee Air Quality Act" (Tennessee Code Annotated Section 53-3408
et seq.).
These regulations are based upon the premise that the basic and foremost
function of the air is to sustain life and that air in its purest
state is best suited for this need. It is intended that these
regulations assist in maintaining an equitable balance between benefits
of clean air and the economic cost of achieving clean air. More
specifically, it is intended that these regulations define ambient air
quality standards to be achieved and maintained and to provide for an
orderly and equitable regulation of air quality by limiting emissions
of air contaminants.
The ambient air is the air surrounding us. Ambient air quality
standards determine the level of air quality in which we will live,
and should be used as tools in achieving cleaner air, not as a permit
to unnecessarily degrade air quality. Polluted air can be a menace
to all forms of life and therefore, the disposal of wastes into the
atmosphere must be controlled.
Ambient air quality standards are further intended to promote the
maximum use of property. When the problems involved are esthetic
in nature, an equitable economic balance must be achieved. When a
health hazard is involved, there can be no compromise.
The requirements for limiting airborne contaminants must relate effects
on men, animals, vegetation, and property to pollutant concentration
at the point of contact. This, in turn, must be correlated with the
source or sources. When multiple sources of a pollutant exist in an
area, a limitation of the emission from each source must be exercised
and the individual contribution to the total pollutant load in the area
must be reduced to insure compliance with the ambient air quality
standards. This is accomplished by the application of emission standards.
An emission standard is a limit on the amount of air contaminant emitted
from a source, and is intended to bring the ambient air within acceptable
air quality limits.
These standards will be modified from time to time, as additional
information on air contaminants and sources of air pollution are
developed and evaluated.
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CHAPTER II
(1.0) '...,..' DEFINITIONS
The following terms shall, unless the context clearly indicates other-
wise, have the following meaning:
1. Air Contaminant is participate matter, dust, fumes, gas, mist, smoke
or vapor, or any combination thereof.
2. Air Contaminant Source is any and all sources of emission of air
contaminants, whether privately or publicly owned or operated. 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 and stations, building and other structures
of all types, including multiple family residences, apartment houses,
office buildings, hotels, restaurants, schools, hospitals, churches and
other institutional buildings, automobiles, trucks, tractors, buses and
other motor vehicles, garages and vending and service locations and
stations, railroad locomotives, ships, boats and other water borne craft,
portable fuel-burning equipment, incinerators of all types, indoor and
outdoor, refuse dumps and piles, and all stack and other chimney outlets
from any of the foregoing; provided, however, that neither automobiles,
trucks, tractors, buses or other motor vehicles powered by any fuel
other than diesel oil and which were manufactured prior to September 1,
1967, automobiles, trucks, tractors, buses or other motor vehicles powered
by diesel oil and manufactured prior to January 1, 1970, nor automobiles,
trucks, tractors, buses or other motor vehicles which are equipped to
comply and do comply with the Federal "Motor Vehicle Air Pollution
Control 'Act" shall be considered or determined to be an "air contaminant
source-. . • •
3. Air Curtain Destructor is a unit consisting of a combustion chamber
pit and an air blower designed to establish a curtain of high velocity
air above the fire burning in the pit so that the products of combustion
must be forced up through the curtain before they can reach the outside
air. •
4. Air Pollution is presence in the outdoor atmosphere of one or more
air contaminants in sufficient quantities and of such characteristics
and duration as to be injurious to human, plant or animal life or to
property, or which unreasonably interfere with the equipment of life
and property.
5. Ambient Air is that portion of the atmosphere, external to buildings.
6. Board is the Air Pollution Control Board of the State of Tennessee.
7. Continuous Monitoring is sampling and analysis cf air contaminants in
a continuous or timed sequence, using techniques which will adequately
reflect actual emission levels or ambient concentrations on a continuous
basis.
'.-•'".•• -2-
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8. Cupola is a stack type furnace in which fuel, metal and fluxing agents
are intermixed and is used for producing molten metal. It consists
primarily of, but is not limited to, furnace proper, tuyeres, fans or
blowers, tapping ports, charging equipment, gas cleaning devices and
other auxiliary equipment. Cupolas are further categorized for the
purpose of these regulations as follows:
a. Ferrous - a cupola in which the major component of the metal
1 is produced is iron.
b. Jobbing - a cupola used in an intermittent type operation
where the process weight is not in excess of 20,000 pounds
per hour and the operating (firing) time is not in excess
of 8 hours per day.
c. Existing - a cupola placed in operation at its present
location prior to April 3, 1972.
9. Department is the Department of Public Health of the State of Tennessee.
10. Effluent Water Separator is any tank, box, sump, or other container
in which any volatile organic compound floating on or entrained or
contained in water entering such tank, box, sump, or other container is
physically separated and removed from such water prior to outfall, drainage,
or recovery of such water.
11. .Emission is the release of material to the ambient air.
12. Equivalent Method is any method of monitoring, sampling and analyzing .
for an air contaminant which can be demonstrated to the Technical Secretary's
satisfaction to have a consistent relationship to the reference method.
13. Fuel Burning Equipment is any equipment, device or contrivance and
all appurtenances thereto, in which fuel is burned for the primary purpose
of producing thermal energy and in which the material being heated is
not contacted by, and adds no substance to, the products of combustion.
14. Fuel Burning Installation consists of one or more units of fuel-
burning equipment where the products of combustion are discharged through
a single stack or where the products of combustion are discharged through
more than one stack the plumes from which tend to merge into a single plume.
15. Fugitive Dust is any visible emission, other than water droplets,
issuing from any source other than through a stack.
16. .Garbage is putrescihle animal or vegetable waste.
17. Hazardous Air Contaminant is any air contaminant which may cause,
or contribute to, an increase in mortality or an increase in serious
irreversible, or incapacitating reversible illness and has been so
designated by the Technical Secretary.
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18. Incinerator is any equipment, device, or contrivance used for
disposal of waste or refuse by burning, excluding wigwam burners and
air cur-tain destructors.
19. Kraft Mill is any pulping process which uses, for a cooking liquor,
an alkaline sulfide solution containing sodium hydroxide and sodium
sulfide.
20. Modification is any physical change in, or change in the method of
operation of an air contaminant source which increases the amount of
any air contaminant emitted by such source or which results in the
emission of any air contaminant not previously emitted, except that:
a. routine maintenance, repair, and replacement shall not be
considered physical changes, and
b. the following shall not be considered a change in the method
of operation:
1. an increase in the production rate, if such increase
does not exceed the operating design capacity of the
affected source;
2. an increase in the hours of operation; and
. 3. the use of an alternate fuel if the source is
designed to accommodate such alternate fule;
provided, however, that the Technical Secretary is notified within
thirty (30) days of such changes.
21. New Source is any air contaminant source constructed after April 3,
1972, and any air contaminant source constructed prior to that date to
which any modification is made after that date.
22. New Source Performance Standard is a standard for the emission of
an air contaminant promulgated by the Administrator of the Environmental
Protection Agency and published in the Federal Register.
23. Nitric Acid Plant is any air contaminant source producing nitric acid.
24. Opacity is that property of a substance tending to obscure vision
and is measured in terms of percent obscuration. As used in these regula-
tions it does not include opscuration of vision due to uncombined water
droplets. The percentage opacity of a plume is numerically equal to
twenty (20) times the Ringelmann number for a plume of black smoke having
equivalent capacity of obscuration.
25. Open Burning is the burning of any matter under such conditions that
the products of combustion are emitted directly into the open atmosphere
without passing directly through a stack except when equipment is provided
and used to control fuel-air ratio.
.. : -4-
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26. Particulate Matter is any material, except uncombined water, that
exists in a finely divided form as a liquid or solid.
27. Parts Per Billion (ppb) is a term describing parts of an air contami-
nant per billion parts of gas by volume (1 ppm equals 0.0001 percent by
volume).
28. Parts Per Million (ppm) is a term describing parts of an air contami-
nant per million parts of gas by volume (1 ppm equals 0.0001 percent by
volume).
29. Person is any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, political
subdivision, or any other legal entity, or their legal representative,
agent or assigns.
30. Point Source shall have the same meaning as defined 1n Part 51 of
Title 40 of the Code of Federal Regulations.
31. Political Subdivision is any municipality, city, incorporated town,
county, district or authority, or any portion or combination of two or
more thereof.
32. Portland Cement Plant is any air contaminant source manufacturing
Portland cement by either the wet or dry process.
33. Process Emission is any emission of an air contaminant to the ambient
air other than that from fuel burning equipment, incinerator, wigwam
burners, or open burning.
34. Process Emission Source is one or more units of processing equipment
which may be operated independently of other parts of the operations at
any given manufacturing or processing facility; also, where it is common
practice to group more than one unit of like or similar processing equip-
ment together and to apply a single or combined unit of air pollution
control equipment to the emissions of the entire group, such group of
units shall be constructed as a process emission source.
35. Process Weight means the total weight of all materials introduced
into any specific process that may cause any emission of particulate
matter. Solid fuels charged are considered as part of the process
weight, but liquid and gaseous fuels and combustion air are not.
36. Process Weight Rate is a rate established as follows:
a. For continuous or long-run, steady-state, operations, it is
the total process weight for the entire period of continuous
operation or for a typical portion thereof, divided by the
numbers of hours of such period or portion thereof.
-------
b. For cyclical or batch source operations, it is the total proess
weight for a period which covers a complete or an integral
number of cycles, divided by the hours of actual process
operation during such period.
c. Where the nature of any process or operation or the design of
any equipment is such as to permit more than one interpretation
of this definition, that interpretation which results in the
minimum value for allowable emissions shall apply.
37. Reference Method is a method of monitoring, sampling and analyzing
for an air contaminant as described in Chapter XII of these Regulations.
38. Ringelmann Chart is the chart published and described in U.S.
Bureau of Mines Information Circular 8333.
39. Salvage Operation is any business, trade or industry engaged in
whole or in part, in reclaiming one or more terms of value.
40. Smoke is small gas-borne particles resulting from incomplete
combustion, consisting predominantly, but not exclusively, of
carbon and other combustible material. It does not include water
vapor or water droplets.
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CHAPTER III
(4.0) . AMBIENT AIR QUALITY STANDARDS
(2.0) SECTION 1 -- APPLICABILITY
Ambient air quality standards as given in Tables I,
II and III are applicable throughout Tennessee.
These ambient air quality standards shall not be con-
strued, applied or interpreted to allow any significant
deterioration of the existing air quality in any por-
tion of the state.
(1.0) SECTION 2 — DEFINITIONS
Primary ambient air quality standards define levels of
air quality believed adequate, with an appropriate mar-
gin of safety, to protect the public health.
Secondary ambient air quality standards define levels of
air quality believed adequate, with an appropriate margin
of safety, to protect the public welfare from any known
anticipated adverse effects of the pollutant.
-7-
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(4.0).
SECTION 3 - STANDARDS
TABLE I
TENNESSEE AMBIENT AIR QUALITY STANDARDS for Suspended
Particulates, Sulfur Dioxide, Carbon Monoxide, Photo-
chemical Oxidants, Non-Methane Hydrocarbons and Nitro-
gen Dioxide.
Contaminant
Suspended
Particulates
Sulfur .
Dioxide
Carbon ..,'.."'
Monoxide
Photo
chemical
Oxidant
Hydro-
carbons
(non-methane
Nitrogen .
Dioxide
Primary Standard
Concentration
ug/mj
75
260
80
365
10,000
40,000
160
160
100
ppm
by vol .
—
0.03
0.14
9.0
35.0
0.08
0.24
0.05
Averaging.
in Let va I
AGM
1 24 Hr.
AAM
24 Hr.
8 Hr.
1 -Hr.
1 Hr.
3 Hr.
a.m.
AAM
Secondary Standard
Conce
ug/m-
60
150
60
360
1300
10,000
40,000
160
160
100
ntration
ppm
by vol .
—
0.02
0.13*
0.5
9.0
35.0
0.08
0.24
0.05
Averaging
ill LCI Va 1
AGM
24 Hr.
AAM
24 Hr.
3 Hr.
8 Hr.
1 Hr.
1 Hr.
3 Hr.
a.m'.
AAM
Notes: 1. All values other than annual values are maximum
concentrations not to be exceeded more than once
per year.
2. PPM values are approximate only.
-8-
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3. All concentrations relate to air at standard con-
ditions of 25° C temperature and 760 millimeters of
mercury pressure.
4. ug/rc - micrograms per cubic meter
5. AGM - Annual geometric mean
6. AAM - Annual arithmetic mean
-9-
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TABLE II
Tennessee Ambient Air Quality Standards for Soiling
Index in COM units per 1000 linear feet of air.
Primary Standards
Soiling Index
1.0
3.5
Averaging
Interval
24 hr.
average
2 hr.
average
Secondary St
Soiling Index
0.6
2.0
andards
Averaging
Interval
24 hr.
average
2 hr.
average
Note: All values are maximums not to be exceeded more
than once per year.
TABLE III
Tennessee Ambient Air Quality Standards for Gaseous
Fluorides Expressed as HF.
Primary Standards
Concentration
ug/mj
1.2
1.6
2.9
3.7
PPb
by vol .
1.5
2.0
3.5
4.5
Averaging
Interval
30 days
7 days
24 hr.
12 hr.
Secondary Standards
Concentration
ug/m3
1.2
1.6
2.9
3.7
ppb
by vol .
1.5
2.0
3.5
4.5
Averaging
Interval
30 days
7 days
24 hr.
12 hr.
Notes: 1. All values are maximums not to be exceeded more
than once per year.
2. Concentrations in micrograms per cubic meter
Oug/nr) are approximate only.
-10-
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3. All concentrations relate to air at standard
conditions of 25 C temperature and 760 milli-
meters of mercury pressure.
(2.0) SECTION 4 — The standards set forth in this chapter shall be achieved
by July 1, 1975.
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CHAPTER IV
(51.13) OPEN BURNING
(2.0) SECTION 1 — PURPOSE
It is the purpose of this Chapter to establish controls
on open burning so as to prevent undesirable levels of
air contaminants in the atmosphere.
(51.13) SECTION 2 — OPEN BURNING PROHIBITED
No person shall cause, suffer, allow or permit open
burning except as specifically permitted in this Chapter.
(2.0) SECTION 3— EXCEPTIONS TO PROHIBITION
A. Open burning as listed below may be conducted without
permit subject to the specified limitations and pro-
vided further that no public nuisance is or will be.;.
created by such open burning. This grant of exemption
shall in no way relieve the person responsible for
such burning from the consequences of or the damages,
injuries or claims resulting from such burning.
1. Domestic burning, exclusive of garbage, at a
property consisting of not more than four (4)
dwelling units and used exclusively as private
residences where collection services for such
material is not available. Collection service
will be considered available if provided as a
public service or if such may be obtained at a
reasonable cost other than as a public service.
2. 'Fires used for cooking of food or for ceremonial
or recreational purposes including barbecues and
outdoor fireplaces.
3. Fires used to clear land of materials grown on
that land for agricultural, forest or game manage-
ment purposes provided no land, air, or water
traffic hazard is created.
4. Fires set for the training and instruction of
public or private fire-fighting personnel includ-
ing those in Civil Defense.
5. Fires set by or at the direction of responsible
fire control agency for the prevention, elimination
or reduction of a fire hazard.
-12-
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6. Smokeless flares or safety flares for the combus-
tion of waste gases, providing other remaining
applicable conditions of these regulations are met.
B. All other forms of open burning are hereby prohibited except
such as may be approved by the Technical Secretary upon a
showing to him that there is no other practical, safe, and
lawful method of disposal. Such open burning so approved
by the Technical Secretary shall only be done with a valid
permit and subject to the provisions of such permit.
(3.0) SECTION 4 — PERMITS FOR OPEN BURNING
(51.13)
Any person having a valid permit to conduct open burning
issued prior to April 3, 1972, may continue such open burning
as authorized by the permit until the expiration date of
the permit.
Any person proposing to conduct open burning not authorized
by a valid permit issued prior to April 3, 1972, shall make
application for and have in his possession a valid open burning
permit before such open burning is commenced.
Application for an open burning permit shall be made on.forms
supplied by the Department. Failure to submit completed
forms or to supply requested supplementary information
concerning a proposed open burning operation shall constitute
just cause for refusing issuance of a permit. Failure to
adhere to substantive provisions of any permit shall be just
cause for revocation of the permit by the Technical Secretary.
Obtaining an open burning permit as required in this regulation
does not relieve any person of the responsibiltiy of obtaining
a permit required by any other agsncy or complying with other
requirements of such agencies. Particular attention is directed
to Section 39-518 Tennessee Code Annotated.
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CHAPTER V
(50.1.2) VISIBLE EMISSION REGULATIONS
(1.0) SECTION 1 -- DEFINITIONS
As used in this Chapter, existing air contaminant source
refers to such sources as were in operation or under con-
struction prior to August 9, 1969, and new air contaminant
sources refers to such sources as began construction on or
after August 9, 1969.
(2.0) SECTION 2 — GENERAL
A. No person shall cause, suffer, allow or permit dis-
charge of a visible emission from any new air contami-
nant source with a density greater than number one (1)
of the Ringelmann Chart or any opacity in excess of
twenty (20) percent for an aggregate of more than five
(5) minutes in any one (1) hour or more than twenty
(20) minutes in any twenty-four (24) hour period.
B. On and after August 9, 1973, no person shall cause,
suffer, allow or permit discharge of a visible emis-
sion from any existing air contaminant source with a
density equal to or greater than number two (2) of
the Ringelmann Chart or an opacity equal to or in
excess of forty (40) percent for more than five (5)
minutes in any one (1) hour or an aggregate of more
than twenty (20) minutes in any twenty-four (24)
hour period.
C. On and after August 9, 1975, the provisions of sub-
section B of this Chapter shall no longer be appli-
cable and all air contaminant sources shall be
construed as new sources for the purpose of this
Chapter.
D. Due allowance shall be made for visible emissions in
excess of that permitted in sub-sections A and B of
this Chapter which are necessary or unavoidable due
to start-up, breakdown or upset conditions provided
the owner or operator shall maintain a running,
current log of such start-up, breakdown or upset con-
dition showing the time at which such condition began
and ended and that such record shall be available to
the Technical Secretary or his representative upon
request. For those operations subject to a permit,
it shall be permissible to omit the record of start-
up conditions not in compliance with sub-sections .
A and B provided such start-up condition has been
.,.••• made .a part of the permit.
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E. It is expressly intended that in testing compliance
with sub-sections A and B that visible emissions
tending to produce a black plume will be evaluated in
terms of the Ringelmann scale and that visible emis-
sions tending to produce a non-black plume will be
evaluated in terms of equivalent opacity and ex-
pressed as percent opacity.
F. Visible emissions from fuel-burning equipment used
exclusively to provide space heating in a building
containing not more than two (2) dwelling units shall
not be subject to the provisions of this Chapter.
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CHAPTER VI
(50.1) NON-PROCESS EMISSION STANDARDS
(50.1) SECTION 1 -- GENERAL NON-PROCESS PARTICULATE EMISSIONS
A. No person shall cause, suffer, allow or permit particulate
emissions in excess of the standards in this Chapter.
B. The Board shall be responsible for setting an appropriate
emission standard for each non-process air contaminant source
discharging particulate matter in any county where all such
sources are emitting particulates at rates in conformity with
the applicable maximum allowable emission standard and yet the
ambient air quality standard for particulate matter is being
exceeded in that county.
C. The owner or operator of an existing fuel burning installation
proposing to make a modification of this source or to rebuild or
replace it shall only take such action if it will result in the
source meeting the maximum allowable particulate emission stand-
ards for a new fuel burning installation.
D. As used in this chapter, existing installation or equipment shall
mean such as were under construction or in operation prior to
April 3, 1972.
(50.1) SECTION 2 — NON-PROCESS PARTICULATE EMISSION STANDARDS
(51.5) A. CHOICE OF STANDARDS - EXISTING FUEL BURNING EQUIPMENT
Any fuel burning installation operating or under construction prior
to August 9, 1969 shall attain the allowable emission standard from
either the diffusion equation presented in subsection 1 below or the
particulate curve (Figure 1) in subsection 2 below. The owner or
operator of such a fuel burning installation shall make known, in
writing, to the technical Secretary by July 1, 1972, his choice of
emission standard. If no choice is indicated, the Technical Secretary
shall designate the Particulate Curve (Figure 1) subsection 2 as the
applicable standard. Provided however, that after July 1, 1975, no
existing fuel burning installation shall discharge particulate
emissions in excess of subsection 2 below (Figure 1 - existing
particulate curve).
1. DIFFUSION EQUATION
For existing installations up to and including 4000 million BTU
per hour total plant heat input, the maximum allowable particulate
emission shall be as determined by the following equation, provided,
however, that no emission in excess of six tenths (6.0) pounds
-16-
-------
;J IU—L....:.;..;.
-,T-1 —-'-—t--••~'--'i"-" '•»ir."~T.r:~.i:" !i'j."
"ilBhlr^~i~'t~^-I~\~'\' j'p'jI '•" •" '''""!' :"
'-•v-H-HlhH- -r
r^T iTT^e^Z h I
100 1000
HEAT INPUT IH MILLIONS OF DTU PER HOUR
EXCLUDE GAS FIRED UNITS
FIGURE 1
10000
o
z
re
1
%
n
1
H
-------
... per million BTU shall be permitted from any installation.
Such limit shall be achieved by August 9, 1973.
D = 20650.a h
0.75
Q
in which D is the maximum allowable particulate emission in
pounds per million BTU heat input, h is the stack height
in feet, a is a dimensionless factor of 0.67 for stacks of
200 feet height and less, and o.80 for stacks in excess of
200 feet, and Q is the combined heat input in BTU per hour
to the entire fuel-burning installation, the allowable
emission limit as determined by the above equation shall be
further reduced by dividing the emission limit so obtairied
by n°-25» where n is the number of stacks of equal height.
Stacks varying in height may be contrued as being of equal
height provided a weighted average stack height is used in
computing the allowable emission limit.
2. HEAT INPUT
The maximum allowable particulate emission limits as given
in this Subsection are based upon the total'plant rate of
heat input to one or more stacks. Where natural gas or
liquified petroleum is used as a fuel the BTU heat
input from these fuels shall not be included. For existing
fuel-burning installations up to and including 4000 million
BTU per hour total plant heat input, the maximum allowable
particulate emission shall be determined from Figure 1,
existing curve, and shall be achieved by August 9, 1973.
Emission limits for all existing fuel burning installations
in excess of 4000 million BTU per hour will be determined
by Figure 1, existing particulate curve, up to 10,000
million BTU per hour will be determined from Figure 1.
This allowable emission standard must be attained on or
before July 1, 1975.
(51>5) B. NEW FUEL BURNING EQUIPMENT
For fuel burning installations constructed after April 3, 1972,
the maximum allowable particulate emission shall be determined
from Figure 1, new particulate curve, based upon the total plant
rate of heat input to one or more stacks. Where natural gas or
liquified petroleum is used as a fuel, the BTU heat input from
these fuels shall not be included.
This allowable emission standard must be attained at the time
such fuel burning installation begins operation.
-18-
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(51.9)
C. INCINERATORS
From and after the effective date of these Regulations, the
maximum allowable particulate emission from incinerators
shall be as indicated in Table 1 of this Chapter. It is further
provided that from and after July 1, 1975, the particulate
emission standards as given for existing incinerators shall
no longer be applicable and the particulate emission standards
as given for new incinerators shall be applicable to all
incinerators.
MAXIMUM ALLOWABLE PARTICULATE EMISSION
STANDARDS FOR INCINERATORS
Rated or Operated Charging
Rate in Pounds Per Hour
Less than 200
200 to 2000
Greater than 2000
Emission Standard" Tn Percent
of Charging Rate
New Incinerator
0.2
0.2
0.1
Existing
Incinerator
0.6
0.4
0.4
Incincerators having 2.5 cu. ft. furnace volume or less used solely for
the disposal of infective dressings and other similar material shall
not be required to meet these emission standards.
(51i20) D. WIGWAM BURNERS
1. EXISTING WIGWAM BURNERS
After August 9, 1973, no Wigwam Burner constructed prior
to April 3, 1972 shall be issued an operating permit unless
equipped to maintain a minimum exit gas temperature of
800°F. This temperature shall be achieved as rapidly as
•possible at start-up. The maximum start-up time shall be
limited to ten (10) minutes. An auxiliary burner may be
used to reduce start-up time. Only one start-up period
per 24-hour day shall be permitted. To demonstrate that
these requirements are met, an exit temperature sensing and
recording device shall be installed and maintained in
operating condition. These records shall be submitted to
-19-
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the Technical Secretary on a monthly basis.
Emission Limit for Existing Wigwam Burners
The maximum allowable particulate emission limit for
Wigwam Burners is four tenths (0.4) pound per one hundred
(100) pounds of material as charged. This limit must be
achieved by not later than August 9, 1973.
NEW WIGWAM BURNERS
Wigwam Burners constructed or modified after April 3, 1972
shall be equipped, as a minimum, as required in Paragraph
1 of subsection D.
In addition, an operator or other designated person at the
site of the wigwam burner must be certified as a qualified
smoke reader. Such certified smoke reader must observe the
visible emissions from the wigwam burner on at least ten
(10) operating days each calendar month and record these
readings on forms provided by the Technical Secretary. At
least one reading must encompass start-up conditions and
at least one reading must encompass shut-down conditions.
Such readings shall be submitted to the Technical Secretary
within ten (10) days after the end of each calendar month.
If violations of the visible emissions standards are shown,
a satisfactory explanation noting the cause of the
violation and the corrective action taken must accompany
such submittal.
Emission Limit for New Burners
The maximum allowable particulate emission limit for Wigwam
Burners is three tenths (0.3) pound per one hundred (100)
pounds of material as charged. Particulate test data shall
be submitted annually to insure continued compliance with
this emission standard.
3. EXCEPTION TO WIGWAM BURNER
a. Whenever a wigwam burner meets the more restrictive
standards of Section 2(c), this Chapter, applicable to
new incinerators, it is expressly provided that such
wigwam burner shall be governed by the standard of
' Section 2(c) rather than by the standards of this
subsection upon written request of the owner or the
operator. Provided, however, that the owner or
operator shall furnish to the Technical Secretary
particulate emission test results to show compliance
with the standard of Section 2(c) as an attachment to
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this request. Participate test data shall be submitted
annually thereafter to insure continued compliance with
the emission standard of Section 2(c).
b. Whenever, in the opinion of the Technical Secretary, the
design of a wigwam burner prohibits the installation of
the temperatures sensing and recording device, such
requirement may be waived by the Technical Secretary;
provided, however, that an operator or other designated
person at the site of the wigwam burner is certified
as a qualified smoke reader.
Such certified smoke reader must observe the visible
emissions from the wigwam burner or at least ten (10)
operating days each calendar month and record these
readings on forms provided by the Technical Secretary;
At least one reading must encompass start-up conditions
and at least one reading must encompass shut-down
conditions. Such readings shall be submitted to the
Technical Secretary within ten (10) days after the end
of each calendar month. If violations of the visible
emissions standards are shown, a satisfactory explana-
tion noting the cause of the violation and the corrective
action taken must accompany such submittal.
(50.0) SECTION 3 - GENERAL PROVISIONS AND APPLICABILITY FOR PROCESS GASEOUS
EMISSION STANDARDS.
A. No person shall cause, suffer, allow or permit gaseous emissions
in excess of the standards in this Chapter.
B. Construction or modification of an air contaminant source
emitting gaseous air contaminants after April 3, 1972 requires
the installation and utilization of the best equipment and
technology currently available for controlling such gaseous
emissions.
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(50.1.1)
CHAPTER VII
PROCESS EMISSION STANDARDS
(50.1.1) SECTION 1 -- GENERAL PROCESS PARTICULATE EMISSION STANDARDS
A. No person shall cause, suffer, allow or permit particulate
emissions in excess of the standards in this Chapter.
B. The Board shall be responsible for setting an appropriate
emission standard for each process air contaminant source
discharging particulate matter in any county where all such
sources are emitting particulates at rates in conformity with
the applicable maximum allowable emission standard and yet the
ambient air quality standard for particulate matter is being
exceeded in the county.
C. The owner or operator of an existing process emission source
proposing to make a modification of this source or to rebuild
or to replace it shall only take such action if it will result
in the source meeting the maximum allowable particulate emission
standard for a new process emission source.
(50.1.1) SECTION 2 -- CHOICE OF PARTICULATE EMISSION STANDARDS EXISTING PROCESSES
A. Any process emission source operating or under construction prior
to August 9, 1969 shall attain the allowable emission standard
from either the diffusion equations presented in subsection
C(2) below or the Process Weight Table in Subsection 2(D) below.
The owner or operator of such a process emission source shall
make known, in writing, to the Technical Secretary by July 1, 1972,
his choice of emission standard. If no choice is so indicated,
•the Techincal Secretary shall designate the emission standard
of Section 2(D) (Process Weight Table) below as the applicable
standard. The emission standard chosen, either by the owner or
operator or by the Technical Secretary, must be attained on or
before August 9, 1973.
B. For any process emission source constructed after August 9, 1969,
and before April 3, 1972, the allowable emission standard shall
be the diffusion equations presented in Section 2(C) below. This
standard must have been attained at the time such process emission
source first commenced operation. The owner or operator of such
a source shall make known in writing to the Technical Secretary
by July 1, 1972, whether he wishes to continue under the diffusion
equation standard or to switch to the Process Weight Table
.standard presented in Section 2(D) (Process Weight Table) below
as the applicable standard. If the Process Weight Table standard
is-chosen by such owner or operator or by the Technical Secretary,
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then such owner or operator shall have unitl August 9, 1973 to
convert fully to the Process Weight Table standard. It is
expressly stipulated that in the interim period such a process
emission source shall continue to observe the diffusion equation
standard originally applicable.
For those owners or operators of process emission sources who
elect to have their process emissions regulated by diffusion
equations, the maximum allowable particulate emissions from
such sources shall be determined by the procedures defined in
(1), (2), and (3) below.
1. Stack gas exit temperature less than 100° F (See Note)
Q = 3.02 x 10'4 Vsh$2 (Js)°-71
2. Stack gas exit temperatures of 125° F or greater (See Note)
a. Stacks less than 500 feet
Q = 0.3hc Q x 0.02 x (T - 60)°'25
O I X
b. Stacks 500 feet and greater
vO.25
Q = 0.3h$ QT x 0.02 x (T$ - 60)v
3. For stack gas exit temperature from 100 F to 124 F calculate
allowable emission as in 1 and either 2a or 2b depending upon
stack height (using T of 125° F) and make linear interpolation
based upon actual gas exit temperature.
The terms of the preceding equations shall have the following
meaning and units:
d - inside diameter or equivalent diameter of stack tip in feet
h - stack height in feet (Vertical distance above grade
directly below tip of stack)
Q - Maximum allowable emission rate in pounds per hour
QT - volume rate of stack gas flow in cubic feet per second
calculated to 60 F
T - temperature of stack gases at stack tip in feet per
second
Note: In determining applicability of equations in this subsection
based upon exit gas temperature the actual exit gas temperature
must equal or exceed the stated temperature during ninety (90)
percent or more of the operation time.
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D. For those owners or operators of process emission sources who
e.ie'ct to have their process emissions regulated by the Process
Weight Table, the maximum allowable particulate emissions from
a process emission source shall be determined by Table 1.
E. Whichever standard is chosen, all sources at the same facility
must be regulated by that standard.
(50.1.1) SECTION 3 — NEW PROCESS EMISSION SOURCES
The allowable emission level of particulate matter from any process
emission source beginning operation on or after April 3, 1972, shall
be determined by Table 2.
A. Irrespective of the maximum allowable emission as determined
by any of the preceding equations or Process Weight Tables in
this Chapter, the concentration of particulate process emissions
shall not be required to be less than 0.02 grain per cubic
foot of stack gases corrected to 70 F and 1 atmosphere unless
a lesser concentration is found by the Board to be necessary.
B. Irresprective of the maximum allowable emission as determined
by any of the preceding equations or Process Weight Tables in
this Chapter the maximum allowable concentration of particulate
process emissions shall be 0.25 grains per cubic foot of stack
gases corrected to 70 F and 1 atmosphere.
(50.1.1) SECTION 5 -- SPECIFIC PROCESS EMISSION STANDARDS
The emission limits set forth in Sections 2, 3 or 4 will apply
unless a specific process emission standard for a specifically
designated type of process emission source is contained in a
subsequent Section of this Chapter.
(10.0) SECTION ,6 -- STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES
The Technical Secretary may from time to time, without public
hearing, designate additional standard(s) of performance for
new stationary sources as promulgated by the Environmental
Protection Agency and published in the Federal Register.
(50.0) SECTION 7--- GENERAL PROVISIONS AND APPLICABILITY FOR PRXESS GASEOUS
EMISSION STANDARDS
A. No person shall cause, suffer, allow or permit gaseous emissions
in excess of the standards in this Chapter.
B. Any person constructing or otherwise establishing an air contami-
nant source emitting gaseous air contaminants after the effective
date of these regulations shall install and utilize equipment
and technology wtiich is deemed reasonable and proper by the
Technical Secretary.
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(50.4) SECTION 9 — HYDROCARBON EMISSIONS
A. STORAGE OF VOLATILE ORGANIC MATERIALS
No person shall place, store, or hold in any stationary tank
reservoir or other container of more than 40,000 gallons
capacity any volatile organic compounds unless such tank, reser-
voir, or other container is a pressure tank capable of maintain-
ing working pressures, sufficient at all times to prevent vapor or
gas loss to the atmosphere or is designed, and equipped with one
of the following vapor loss control devices:
1. A floating roof, consisting of a pontoon type, double deck
type roof, or internal floating cover which will rest on the
surface of the liquid contents and be equipped with a
closure seal or seals to close the space between the roof edge
and tank wall. This control equipment shall not be permitted
if the volatile organic compounds have a vapor pressure of 11.0
pounds per square inch absolute or greater under actual
storage conditions. All tank gauging or sampling devices
shall be gas-tight except when tank gauging or sampling is
taking place.
2. A vapor recovery system, consisting of a vapor gathering
system capable of collecting the volatile organic compound
vapors and gases discharged and a vapor disposal system
capable of processing such volatile organic vapors and gases
so as to prevent their emission to the atmosphere and with
all tank gauging and sampling devices gas-tight except when
gauging or sampling is taking place.
3. Other equipment or means of equal efficiency for purposes of
air pollution control as may be approved by the Technical
Secretary.
4. No person shall place, store, or hold in any stationary storage
vessel of more than 250-gallon capacity any volatile organic
compound unless such vessel is equipped with a permanent
submerged fill pipe or is a pressure tank as described in
subsection B or is fitted with a vapor recovery system as
described in B(2).
B. VOLATILE ORGANIC MATERIALS LOADING FACILITIES
1. No person shall load any volatile organic compounds into any
tank, truck, or trailer from any loading facility unless such
loading facility is equipped with a vapor collection and
disposal system or its equivalent, properly installed, in
good working order, and in operation.
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2. No person shall load any volatile organic compounds into any
tank, truck, or trailer from any loading facility unless such
loading facility is equipped with a loading arm with a vapor
collection adaptor. Pneumatic, hydraulic, or other mechanical
means shall be provided to force a vapor-tight seal between
the adaptor and the hatch. A means shall be provided to
prevent liquid organic compounds drainage from the loading
device when it is removed from the hatch of any tank, truck,
or trailer, or to accomplish complete drainage before such
removal. When loading is effected through means other than
hatches, all loading and vapor lines shall be equipped with
fittings which make vapor-tight connections and which close
automatically when disconnected.
C. VOLATILE ORGANIC COMPOUND WATER SEPARATION
No person shall use any compartment of any single or multiple
compartment volatile organic compound water separation device which
compartment receives effluent water containing 200 gallons a day
or more or any volatile organic compound from any equipment
processing, refining, treating, storing, or handling volatile
organic compounds having a Reid vapor pressure of 0.5 pounds or
greater unless such compartment is equipped with one of the
following vapor loss control devices, properly installed, in
good working order, and in operation:
1. A 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 or 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.
i
3. A container equipped with a vapor recovery system consisting
of a vapor gathering system capable of collecting the organic
vapors and gases discharged and a vapor disposal system capable
of processing such organic 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
Technical Secretary.
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D. PUMPS AND COMPRESSORS
All pumps and compressors handling volatile organic compounds
shall have mechanical seals or other equipment of equal
efficiency for purposes of air pollution control as may be
approved by the Technical Secretary.
E. WASTE GAS DISPOSAL
1.. No person shall emit a waste gas stream from any ethylene
producing plant into the atmosphere unless the waste gas
stream is properly burned to 1,000 for 0.3 seconds or
greater in a direct-flame afterburner equipped with an
indicating pyrometer which is positioned in the working area
at the operator's eye level or an equally effective
catalytic vapor incinerator also with pyrometer.
2. No person shall emit organic gases to the atmosphere from a
vapor blow-down system unless these gases are burned by
smokeless flares, or an equally effective control device as
approved by the Technical Secretary.
F. ORGANIC SOLVENTS
1. A person shall not discharge into the atmosphere more than 15
pounds of organic materials in any one day, nor more than 3
pounds in any one hour, from any article, machine, equipment,
or other contrivance, in which any organic solvent or any
material containing organic solvent comes into contact with
flame or is baked, heat-cured or heat-polymerized, in the
presence of oxygen, unless said discharge has been reduced by
at least 85 percent. Those portions of any series of articles,
machines, equipment or other contrivance designed for processing
a continuous web, strip or wire which emit organic materials
and using operations described in this section shall be col-
lectively subject to compliance with this section.
2. A person shall not discharge into the atmosphere more than
40 pounds of organic materials in any one day, nor more than
8 pounds in any one hour, from any article, machine, equip-
ment or other contrivance used under conditions other than
described in G(2) for employing, or applying, any photo-
chemically reactive solvent, as defined in G(10) or material
containing such photochemically reactive solvent, unless
said discharge has been reduced by at least 85 percent.
Emissions of organic materials into the atmosphere resulting
from air or heated drying of products for the first 12 hours
after their removal from any article, machine, equipment, or
other contrivance described in this section shall be included
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in determining compliance with this section. Emissions
resulting from baking, heat-curing, or heat-polymerizing
as described in GO) shall be excluded from determination
of compliance with this section. These portions of any series
of articles, machines, equipment or other contrivances
designed for processing a continuous web, strip or wire
which emit organic materials and using operations described
in this section shall be collectively subject to compliance
with this section.
3. A person shall not discharge into the atmosphere more than
3,000 pounds of organic materials in any one day, nor more
than 450 pounds in any one hour, from any article, machine,
equipment or other contrivance in which any non-photochemically
reactive organic solvent or any material containing such
solvent is employed or applied, unless said discharge has
been reduced by at least 85 percent. Emissions of organic
materials into the atmosphere resulting from air or heated
drying of products for the first 12 hours after their
removal from any article, machine, equipment, or other
contrivance described in this section shall be included in
determining compliance with this section. Emission
resulting from baking, heat-curing, heat-polymerizing
as described in G(l) shall be excluded from determination of
compliance with this section. Those portions of any series
of articles, machines, equipment or other contrivances
designed for processing a continuous web, strip, or wire
which emit organic materials and using operations described
in this section shall be collectively subject to compliance
with this section.
4. Emissions of organic materials to the atmosphere from the
cleanup with photochemically reactive solvent, as defined in
G(10) of any article, machine, equipment or other contrivance
described in G(l), G(2), or G(3) shall be included with the
other emissions or organic materials from that article,
machine, equipment or other contrivance for determining
compliance with rule.
5. Emissions of organic materials into the atmosphere required
to be controlled by G(l), G(2), or G(3):
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 Technical
Secretary to be not less effective than (a) or (b)
above.
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6. A person incinerating, absorbing, or otherwise processing
organic materials pursuant to this rule shall provide,
properly install and maintain in calibration, in good
working order and in operation, devices as specified in
the authority to construct or the permit to operate, or
as specified by the Technical Secretary, for indicating
temperatures, pressures, rates of flow or other operating
conditions necessary to determine the degree and effec-
tiveness of air pollution control.
7. Any person using organic solvents or any materials con-
taining organic solvents shall supply the Technical
Secretary, upon request and in the manner and form
prescribed by him, written evidence of the chemical
composition, physical properties and amount consumed for
each organic solvent used.
8. 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 subsection B, C, or D which are exempt
from air pollution control requirements by said rules.
c. The spraying or other employment of insecticides, pest-
icides or herbicides.
d. The employment, application, evaporation or drying of
saturated halogenated hydrocarbons or perch!orethylene.
e. The use of any material, in any article, machine, equip-
ment or other contrivance described in G(l), G(2), 6(3)
6(4) if:
1. the volatile content of such material consists only
of water and organic solvents, and
2. the organic solvents comprise not more than 20 per-
cent of said volatile content, and
3. the volatile content is not photochemically
reactive as defined in G(10).
9. For the purpose of this rule, organic solvents include
diluents and thinners and are defined as organic materials
which are liquids at standard conditions and which are used
as dissolvers, viscosity reducers or cleaning agents,
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except that sucb materials which exhibit a boiling point
higher than 220 F at 0.5 millimeter mercury absolute
pressure or having an equivalent vapor pressure shall not
be considered to be solvents unless exposed to temperatures
exceeding 220 F.
10. For the purposes of this rule, a photochemically reactive
solvent is any solvent with an aggregate of more than 20
percent of jts total volume composed of the chemical
compounds classified below or which exceeds any of the
following individual percentage composition limitations,
referred to the total volume of solvent:
a. A combination of hydrocarbons, alchohols, aldehydes,
esters, ethers or ketones having an olefinic or
cycloolefinic type of unsaturation: 5 percent;
b. A combination of aromatic compounds with eight or
more carbon atoms to the molecule except ethyl -
benzene: 8 percent;
c. A combination of ethyl benzene, ketones having branched
hydrocarbon structures, trichloroethylene or
toluene: 20 percent.
Whenever any organic solvent or any constituent of an organic
solvent may be classified from its chemical structure into more
than one of the above groups of organic compounds, it shall be
considered as a member of the most reactive chemical group,
that is, that group having the least allowable percent of the
total volume of solvents.
11. For the purpose of this rule, organic materials are defined
as chemical compounds of carbon excluding carbon monoxide,
carbon dioxide, carbonic acid, metallic carbies, metallic
carbonates and ammonium carbonate.
G. DISPOSAL AND EVAPORATION OF SOLVENTS
A person shall not, during any one day, dispose of a total of
more than 1% gallons of any photochemically reactive solvent,
as defined in 6(10), or of any material containing more than
]% gallons of any such photochemically reactive solvent by any
means which will permit the evaporation of such solvent into the
atmosphere.
(51.0) SECTION 10 — SPECIFIC PROCESS EMISSION STANDARDS
(51.18) A. SULFURIC ACID PLANTS .
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1. EXISTING SULFURIC ACID PLANTS
No later than July 1, 1975, no person shall cause, suffer,
allow or permit the following emission into the open air
from any sulfuric acid plant under construction or in
operation prior to April 3, 1972.
a. Sulfur dioxide in the effluent in excess of 6.5 pounds
per ton of acid produced, maximum 2 hour average or
500 ppm (0.05% by volume dry basis) of sulfur dioxide.
b. Sulfuric acid mist in the effluent in excess of 0.50
pound per ton of acid produced, maximum 2 hour average
expressed as HgSO^.
2. NEW SULFURIC ACID PLANTS
No person shall cause, suffer, allow or permit the following
emission into the open air from any sulfuric acid plants
constructed after April 3, 1972 in excess of the following:
a. Sulfur dioxide in the effluent in excess of 4 pounds per
ton of acid produced, maximum 2 hour average, or 350 parts
per million (0.35 percent by volume dry basis) of sulfur
dioxide, whichever is the more restrictive.
b. Sulfuric acid mist in the effluent in excess of 0.15
pound per ton of acid produced, maximum 2 hour average,
expressed as HgSO^.
(51.4) B. EXISTING FERROUS JOBBING CUPOLAS
No later than August 9, 1973, the maximum particulate emission
rate from existing ferrous jobbing cupolas shall be as given in
subsection B(l) (Table 3), or subsection 2 whichever is
appropriate.
TABLE 3
ALLOWABLE RATE OF PARTICULATE EMISSION BASED
ON PROCESS WEIGHT RATE
EXISTING FERROUS JOBBING CUPOLAS
Process Weight Maximum Weight
(#/hr) Dishcarge
(#/hr)
1,000 3.05
2,000 4.70
3,000 6.35
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Process Weight Maximum Weight
(#/hr) Discharge
(#/hr)
4,000 8.00
5,000 9.58
6,000 11.30
7,000 12.90
8,000 14.30
9,000 15.50
10,000. 16.65
12,000 18.70
16,000 21.60
18,000 23.40
20,000 25.10
The emission rate for a process weight intermediate to those shown
in the Table shall be determined by linear interpolation.
2. 'Any existing ferrous jobbing cupola which melts ten (10) tons or
less per 24 hour day shall be deemed in compliance if particulate
emissions do not exceed eight (8) pounds per ton of metal melted.
(51.1) C. EXISTING COTTON GINS
1. No person shall cause, or permit the emission of particulate
matter in any one hour from any cotton gin operation in
excess of the amount shown in Table 4 for the process
weight per hour allocated to such operation. Particulate
matter emissions subject to this Part include process
emissions and wigwam or incinerator emissions if any;
provided, however, that this shall in no way relieve or
affect the application of Chapter IV, Chapters V and VI at
cotton gin operations.
2. Where the nature of any process or operation or the design of
any equipment is such as to permit more than one interpretation
of this Part, the interpretation that results in the minimum
value for allowable emission shall apply.
3. For purposes of this Part, the total process weight from all
similar process units at a plant or premises shall be used
• for determining the maximum allowable emission of particulate
matter that passes through a stack or stacks.
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TABLE 4
ALLOWABLE PARTICULATE MATTER EMISSION BASED ON PROCESS
WEIGHT RATE FOR COTTON GINS
Process Weight Allowable Process Weight Allowable
Rate (Ib/hr) Emission Rate (Ib/hr) Rate (Ib/hr) Emission Rate (Ib/hr)
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
1.6
2.4
3.1
3.0
4.7
5.4
6.2
7.7
9.2
10.7
12.2
9,000
10,000
12,000
14,000
16,000
18,000
20,000
30,000
40,000
50,000
60,000 or more
13.7
15.2
18.2
21.2
24.2
27.2
30.1
44.9
59.7
64.0
67.4
The emission, rate for a cotton gin intermediate between those shown
in Table 4 shall be determined by linear interpolation.
(51.10) D. EMISSION FROM NITRIC ACID PLANTS
1. Existing Nitric Acid Plants
After July 1, 1975, no person shall cause, suffer, allow or
permit the emission into the open air of nitrogen oxides from
any nitric acid plant under construction or in operation prior
to April 3, 1972, which are:
in excess of 5.5 Ibs per ton of acid produced maximum 2 hour
average, expressed as N02; or
i
400 ppm (0.0$%!by volume dry basis) of nitrogen oxides,
measured as N02, whichever is the more restrictive.
2. New Nitric Acid Plants
After April 3, 1972, no person shall cause, suffer, allow or
permit the emission into the open air of nitrogen oxides from
any new nitric acid plants which' are in excess of:
1. 3 Ibs per ton of acid produced, maximum 2-hour average,
expressed as N02; or 209 ppm (0.0209% by volume dry
basis) of nitrogen oxides, measured as N02, whichever
is the more restrictive.
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(51.3) E. NEW PORTLAND CEMENT PLANTS
After April 3, 1972, no person shall cause, suffer, allow or
permit the emission into the open air of particulates from any
new Portland cement plant which are:
1. From the kiln in excess of 0.30 Ib per ton of feed to the
kiln, maximum 2-hour average;
2. From the clinker cooler in excess of 0.10 Ib. per ton of
feed to the kiln, maximum 2-hour average.
(51.14) F. EXISTING KRAFT MILLS
After August 9, 1973, no person shall cause, suffer, allow or
permit particulate emissions from a kraft mill under construction
or operation to April 3, 1972 in excess of the standard chosen in
Chapter VII, Section 2(A) or 2(B); provided, however, that after
July 1, 1977 said emissions are as follows:
1. Particulate matter from all recovery stacks shall not exceed
three pounds per ton of equivalent air-dried kraft pulp.
2. Particulate matter from all lime kilns shall not exceed one
pound per ton of equivalent air dried kraft pulp.
3. Particulate matter from all smelt tanks shall not exceed one-
half pound per ton of equivalent air dried kraft pulp.
(51.8) G. EXISTING ASPHALT PLANTS
After August 9, 1973, no person shall cause, suffer, allow or permit
particulate emission from any asphalt plant, under construction or
in operation prior to April 3, 1972, in excess of the standard
chosen in Chapter VII, Section 2(A) or 2(8); provided, however,
that no later than July 1, 1975, these emissions shall not be in
excess of the following:
Process Weight Rate of Emission
Rate (Ibs/hr) #/hr
100 0.551
200 0.877
400 1.40
600 1.85
800 2.22
1,000 2.58
1,500 3.38
2,000 4.10
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Process Weight Rate of Emission
Rate (Ibs/hr) #/hr
2,500 4.76
3,000 5.38
3,500 5.96
4,000 6.52
5,000 7.58
6,000 8.56
7,000 9.49
8,000 10.4
9,000 11.2
12,000 13.6
16,000 16.5
18,000 17.9
20,000 19.2
30,000 25.2
40,000 30.5
50,000 35.4
60,000 or more 40.0
Interpolation of the data in this table for process weight rates
up to 60,000 Ibs/hr shall be accomplished by the use of"the
equation E = 4.10P 0.67, E = rate of emission is Ibs/hr and P =
process weight rate in tons/hr.
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(50.1)
(2.0) SECTION 1 - GENERAL
CHAPTER VIII
FUGITIVE DUST
A. No person shall cause, suffer, allow, or permit any materials
to be handled, transported, or stored; or a building, its
appurtenances, or a road to be used, constructed, altered,
repaired or demolished without taking reasonable precautions
to prevent particulate matter from becoming airborne. Such
reasonable precautions shall include, but not be limited to,
the following:
1. Use, where possible, of water or chemicals for control of
dust in demolition of existing buildings or structures,
construction operations, grading of roads or the clearing
of land:
2. Application of asphalt, oil, water or suitable chemicals
on dirt roads, materials stock piles, and other surfaces
which can create airborne dusts:
3. 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.
B. No person shall cause, suffer, allow or permit fugitive dust
to be emitted in such manner to exceed five (5) minutes per
hour or twenty (20) minutes per day as to produce a visible
emission beyond the property line of the property on which the
emission originates excluding malfunction of equipment as
provided in Chapter X, Section 3.
(6.0) SECTION 2 — COMPLIANCE SCHEDULE
A. For those operations under construction or in operation prior to
April 3, 1972, fugitive dust control must be achieved by
August 9, 1973.
B. For those operations, the construction of which commences after
April 3, 1972,'fugitive dust control must be achieved at the
time operation commences.
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TABLE 1
EXISTING PROCESS EMISSION SOURCES
ALLOWABLE RATE OF EMISSION BASED ON
PROCESS WEIGHT RATE3
Process Weight
Rate
Lb/Hr Tons/Hr
1
1,
2
600
800
,000
500
000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
0.30
0.40
0.50
0.75
1.00
1.25
50
75
00
50
00
3.50
4.00
4.50
5.00
6.00
Rate of
Emission
Lb/Hr
Process Weight
Rate
Lb/Hr Tons/Hr
Rate of
Emission
Lb/Hr
100
200
400
0.05
0.10
0.20
0.551
0.877
1.40
16,000
18,000
20,000
8.00
9.00
10.0
16.5
17.9
19.2
1.83
2.22
2.58
3.
4.
38
10
4.76
38
96
6.52
7.58
8.56
9.49
10.4
11.2
12.0
13.6
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000
15.
20.
25.
30.
35.
40.
45.
50.
60.
70.
80.
100.
500.
1,000
3,000
25.
30,
35.4
40,
41,
42.5
43.6
44.
46.
47.8
49.0
51.2
69.0
77.6
92.7
Interpolation of the data in this table for process weight rates up to
60,000 Ib/hr shall be accomplished by use of the equation E = 4.10 p°-67
and interpolation and extrapolation of the data for process weight rates
in excess of 60,000 Ib/hr shall be accomplished by use of the equation:
E = 55.Op ' - 40, where E = rate of emission in Ib/hr
and p = process weight rate in tons/hr.
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TABLE 2
NEW PROCESS EMISSION SOURCES
ALLOWABLE RATE OF EMISSION BASED ON
PROCESS WEIGHT RATE a
Process Weight
Rate
Lb/Hr Tons/Hr
50
TOO
200
400
600
800
1 ,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
0.025
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1 .50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
6.00
Rate of
Emission
Lb/Hr
0.03
0.55
0.86
1.32
1.70
2.03
2.34
3.00
3.59
4.12
4.62
5.08
5.52
6.34
7.09
7.81
8.5
9.1
9.7
10.9
1 •» 4. -! «*.«. f^Ł 4. U — .
Process Weight
Rate
Lb/Hr Tons/Hr
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
J.4.- ,•_ T->1»1 ,
8.00
9.00
10.
15.
20.
25.
30.
35.
40.
45.
50.
60.
70.
80.
100.
500.
^ O fn~* +k«
Rate of
Emission
Lb/Hr
13.0
14.0
15.0
19.2
23.0
26,4
29.6
30.6
31.2
31.8
32. 4:
33.3
34.2
34.9
36.1
46.7
n wtykj— f\ff ».(/•» "i /i l-\ +
rates up to 60,000 Ibs/hr shall be accomplished by the use of
the equation:
E = 3.59 P°'62 Pi 30 tons/hr
and interpolation and extrapolation of the data for process
weight rates in excess of 60,000 Ibs/hr shall be accomplished
by use of the equation:
E = 17.31 P
0.16
P> 30 tons/hr
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Where: E = Emissions in pounds per hour
P = Process weight rate in tons per hour
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CHAPTER IX
(3.0) . ' CONSTRUCTION AND OPERATING PERMITS
(3.0) SECTION 1 -- CONSTRUCTION PERMIT
A. On and after the effective date of these regulations, no person
shall begin the construction of a new facility or the modification
of a facility existing prior to the effective date of this
regulation which may result in the discharge of air contaminants
without first having applied for and received from the Technical
Secretary a construction permit for the construction or.
modification of such facility.
B. The application for a construction permit shall be made on forms
available from the Technical Secretary not less than ninety (90)
days prior to the estimate starting date of construction.
C. In the event the requirement for a construction permit prior to
the construction of a new facility or the modification of any
existing facility will create an undue hardship on the applicant,
the applicant may request of the Technical Secretary a waiver to
proceed with construction or modification prior to the issuance
of a Construction Permit. The applicant for a waiver shall
explain the circumstances which will cause such undue hardship.
If a waiver is granted, the applicant shall, as soon as reason-
ably practical, submit a report containing such information as
would have otherwise been required in filing for a construction
permit. The applicant, after a waiver is granted, proceeds at
his own risk; and if after construction or modification has begun
or been completed, the proposed or completed installation does
not meet with the Technical Secretary's approval, alterations
required to effect such approval shall be made within a reasonable
time as specified by the Technical Secretary. In no case shall
this reasonable time exceed 180 days after notification that the
construction or modification does not meet the Technical
Secretary's approval.
D. Construction permits issued under this section are based on the
control of air contaminants only and do not in any way affect
the applicant's obligation to obtain necessary permits from other
governmental agencies.
(3.0) SECTION 2 -- OPERATING PERMIT
A. Any person planning to operate a facility constructed or modified
in accordance with a Construction Permit issued by the Technical
Secretary, in Section 1, shall apply for and receive an Operating
Permit from the Technical Secretary within sixty (60) days after
commencement of the operation of said facility.
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B. Any person operating a facility discharging air contaminants
constructed on or before August 9, 1969, shall obtain an
Operating Permit by August 9, 1973.
1. When the emission from an air contaminant source in
existence on or before August 9, 1969 excees maximum
allowable emissions as defined in Chapter VI and VII
in these regulations, the owner or operator thereof
shall, in addition to the information required in Chapter
IX, Section 2(B) (2) below, have filed by February 9, 1971,
a plan for the reduction of such emission to the extent
that the emission does not exceed the maximum allowable
emission. Such plan shall have included a time schedule
for the accomplishment of such reductions and the final
date for completion shall be not later than August 9, 1973.
Provided also, that the owner or operator at yearly inter-
vals following submission of the above required plan shall
file with the Technical Secretary a progress report showing
what action has been taken toward accomplishment of the
proposed plant.
2. As a minimum the following information shall be included
for each source: total weight of contaminant released per
day; period or periods of operation; composition of the
contaminant; physical state of the contaminant; temperature
and moisture content of the air or gas stream in which the
contaminant is contained; characterization of the variability
of contaminant release with respect to rate, composition
and physical characteristics; height, velocity and direction
of air or gas stream at the point where released to the
atmosphere and such other information as may be specifically
requested by the Technical Secretary. All such information
shall be submitted on forms available from the Technical
Secretary. Where an air or gas cleaning device is incorporated
in the air or gas stream preceding discharge to the
atmosphere, the weight of material removed by the cleaning
device, as well as the weight emitted, shall be stated.
C. Any person owning or operating a facility discharging air
contaminants constructed after August 9, 1969 and prior to the
effective date of these regulations, shall be required to have
applied for and received a valid Operating Permit from the
Technical Secretary within six (6) months after the effective
date of these regulations.
D. When the gaseous emissions from an air contaminant source
regulated herein in existence on or before the effective date of
these regulations exceeds the maximum allowable for such emissions
as defined in these regulations, the owner or operator therof shall,
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in addition to any other information required by the Technical
Secretary and before an Operating Permit for such existing
source will be issued by the Technical Secretary, file a plan
for the reduction of such emissions to the extent that they do
not exceed the maximum allowable for such emissions. Such plan
shall include a time schedule for the accomplishment of such
reductions and the final date for completion shall be not later
than the date required for achieving a reduction to the
maximum gaseous emission level. Provided also, that the owner or
operator at semi-annual intervals following submission of the
above required plan shall file with the Technical Secretary a
progress report showing what action has been taken toward
accomplishment of the proposed plan.
E. Application for an Operating Permit shall be made on forms
available from the Technical Secretary and signed by the applicant.
Such application for an operating permit shall be filed with
the Technical Secretary not less than thirty (30) days prior
to the expiration on an existing Operating Permit.
F. The Operating Permit shall only be issued on evidence satis-
factory to the Technical Secretary that the operation of said
facility is in compliance with any standards or rules or
regulations promulgated by the Board. Such evidence may include
a requirement that the applicant conduct such tests as are
necessary in the opinion of the Technical Secretary to determine
the kind or amount of air contaminants emitted from the equipment
or control apparatus. Standard Operating Permits shall be valid
for a period of one (1) year or for such longer period of time
as the Technical Secretary may designate. A permit issued for
a- period of less than one (1) year shall be designated as a
temporary permit.
G. Any person in possession of an Operating Permit shall maintain
said Operating Permit readily available for inspection by the
Technical Secretary or his designated representative on the
operating premises.
H. Operation of each facility shall be in accordance with the
provisions and stipulations set forth in the Operating Permit.
I. An Operating Permit is not transferable from one person to another
person nor from one facility to another facility.
J. :The Technical Secretary may suspend or revoke either a construction
or an operating permit if the permit holder fails to comply with
the provisions, stipulations, or compliance schedules specified
in the permit. Upon permit revocation, if the permit holder fails
to take remedial action, he shall become immediately subject to
enforcement actions prescribed in these regulations.
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(2.0) SECTION 3
Irrespective of the provisions of the preceding paragraphs of this
Chapter, the owner or operator of any air contaminant source shall
be responsible for complying with emission regulations as contained
in Chapter V, VI, VII and VIII of these regulations at the earliest
practicable time and for this purpose the Board shall have the
authority and responsibility to require compliance with these
regulations at an earlier date than indicated where such earlier
compliance may reasonably be accomplished.
No person shall use any plan, activity, device or contrivance which
the Technical Secretary determines will, without resulting in an
actual reduction of air contaminants, conceal or appear to minimize
the effects of an emission which would otherwise constitute a violation
of these Regulations. Air introduced for dilution purposes only is
considered a circumvention of these regulations.
No person shall discharge from any source whatsoever such quantities
of air contaminants, uncombined water, or other materials which
cause or have a tendency to cause a traffic hazard or an inter-
ference with normal means of public transportation.
Any person affected by any of these regulations shall file emissions
data, as a minimum once a year, with the Technical Secretary on
forms available from the Secretary.
(2.0) SECTION 4 — EXEMPTIONS
A. No person shall be required to obtain or file a request for a
State permit due to ownership or operation of the following
air contaminant sources unless specifically required to do so
by the Board:
1. Mobile sources such as: automobiles, trucks, buses,
locomotives, planes, boats and ships.
2. Fuel-burning equipment of less than 500,000 BTU per
hour capacity.
3. Participate emissions from a single stack, of an air
contaminant source, discharging less than 0.5 pound
per hour of non-hazardous particulates or the total
participate emissions from an air contaminant source
amounting to less than two (2) pounds per hour of
non-hazardous particulates, whichever is the more
restrictive.
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4. Equipment used on farms for soil preparation, tending
or harvesting of crops or for preparation of feed to be
used on the farm where prepared.
5. Operations exempted under Chapter IV (Open Burning)
of these regulations.
6. Sources within the counties of Shelby, Davidson, Hamilton,
and Knox until such time as the Board shall determine that
air pollution is not being controlled in such county to a
degree consistent with the substantive provisions of the
Tennessee Air Pollution Control Act and regulations adopted
pursuant thereto.
Notwithstanding the exemptions granted in Section 4A above,
no person shall discharge, from any source whatsoever, such
quantities of air contaminants or other materials which cause
or have a tendency to cause injury, detriment, annoyance, or
adverse effect to the public.
.0) SECTION 5
All air contaminant sources not in compliance with those
regulations with a final compliance date of July 1, 1975, are
required to take the following actions no later than the dates
specified. These dates shall not apply to those sources that
have obtained or that do obtain a valid, legally enforceable
compliance schedule or schedules for July 1, 1975, which are
approved by the Tennessee Air Pollution Control Board.
1. Engineering - October 1. 1973 Submit to the Technical
Secretary the final control plan for complying with the
applicable regulations.
2. Procurement - February 1. 1974 Negotiate and sign all
necessary contracts for emission control systems or
process modifications; or issue orders for the purchase of
component parts to accomplish emission control or process
modification.
3. Fabrication - August 1. 1974 Initiate on-site construction
of emission control equipment or process modification.
4. Installation - May 1, 1975 Complete on-site construction
or installation of emission control equipment or process
modification.
5. Adjustment - July 1, 1975 Conduct performance tests and/or
certify to the Technical Secretary compliance with applicable
regulations.
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6. Ten (10) days prior to conducting the performance test,
give notice of such test to the Technical Secretary to
afford him opportunity to have an observer present.
7. Ten (10) days after the deadline for completing each step
(1 - 5), certify to the Technical Secretary whether the
increment of progress has been met.
B. Those regulations requiring final compliance by July 1, 1975,
include, but are not necessarily limited to, Chapter VI, Section
2-'A-2 (Particulate Matter from Non-Process Emission Sources),
Chapter VI, Section 2-C (Incinerators), Chapter VII, Section 9-C
(Nitric Acid Plants), Chapter VII, Section 9-D (Cotton Gins),
Chapter VII, Section 9-G (Asphalt Plants).
This compliance schedule is not applicable to Chapter VI,
Section 4-B-l b (Sulfur Oxides from Non-Process Emission
Sources) and Chapter VII, Section 8-B-l (Process Emission
Sources).
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CHAPTER X
(9.0) ' ' REQUIRED SAMPLING. RECORDING AND REPORTING
(13.0) •-
•(9.0) SECTION 1 -- SAMPLING REQUIRED TO ESTABLISH AIR CONTAMINANT
EMISSION LEVELS
A. NEW FACILITIES
1. There shall be provided for any stack or duct adequate
sampling facilities as follows:
a. Sampling ports of a size, number and location
as the Technical Secretary may require.
b. Safe access to each port.
c. Such other sampling and testing facilities as the
Technical Secretary may require.
2. The Technical Secretary may at his discretion require the
applicant for an Operating Permit to conduct or have
conducted such tests as are necessary to establish the
amount of air contaminants emitted from such equipment or
control apparatus. Such tests shall be made at the expense
of the applicant and shall be conducted in a manner provided .
by the Technical Secretary. The Technical Secretary may
require that such tests be conducted in the presence of
his representative.
B. EXISTING FACILITIES
1. Whenever the Technical Secretary has reason to believe that
the emission limits of the regulations set forth herein are
being violated, he may require the owner to conduct or
have conducted at the owner's expense, tests to determine the
emission level of specific air contaminants. The Technical
Secretary may require that such tests be conducted in the
presence of his representative.
2. The Technical Secretary may conduct tests of air contaminant
emissions from any source. Upon request of the Technical
Secretary the person responsible for the source to be tested
shall provide, at no expense to the Technical Secretary,
reasonable and necessary openings in stacks, vents and
ducts, along with safe and easy access thereto including
a suitable power source to the point of testing for proper
determination of the level of air contaminant emissions.
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C. PERIODIC TESTING REQUIRED
The Technical Secretary may require the owner or operator of
an air contaminant source, as a condition of his Operating
Permit, to conduct or have conducted periodic tests to establish
the amount of air contaminants emitted. The nature, extent and
frequency of such required testing shall be specified in the
Operating Permit. Such tests shall be made at the expense of
the owner or operator and shall be conducted irj a manner approved
by the Technical Secretary. The Technical Secretary shall be
supplied with such data as stipulated in the Operating Permit.
(13.0) SECTION 2 — MONITORING OF SOURCE EMISSIONS. RECORDING AND
REPORTING OF THE SAME ARE REQUIRED.
A. MONITORING OF EMISSIONS
The Technical Secretary may require the owner or operator of
any air contaminant source discharging air contaminants, at
the expense of the owner or operator, to install, use and maintain
such monitoring equipment as the Technical Secretary shall
prescribe; sample such emissions in accordance with methods
as the Technical Secretary shall prescribe; establish and maintain
records; and make periodic emission reports as required in
subsection B.
Each owner or operator of any air contamination source directed
by the Technical Secretary to monitor and report on specified
air contaminants shall develop and submit a deta.iled monitoring
program; and order and install sampling equipment within the
. following time schedule:
1. Within 60 days after designation by the Technical
Secretary of those air contaminants to be monitored,
the owner or operator of the air contaminant source
shall submit a detailed monitoring program for approval
by the Technical Secretary.
2. Within 30 days after the monitoring program has been
approved in writing by the Technical Secretary,
sampling and monitoring equipment shall be ordered.
3. Within 90 days after delivery of the equipment the owner
or operator of the air contaminant source shall place
said equipment in effective operation in accordance
with its approved monitoring program.
B. RECORDING AND REPORTING
Records and reports as the Technical Secretary shall prescribe on
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air. contaminant emissions, ambient air concentrations or fuel
analyses shall be recorded, compiled and submitted in a format
prescribed by the Technical Secretary.
(7.0) SECTION 3 — MALFUNCTION OF EQUIPMENT, REPORTS REQUIRED
A. In the case of shutdown of air pollution control equipment for
necessary scheduled maintenance, the intent to shut down such
equipment shall, except as provided in Section 3(B) of this
Chapter, be reported to the Technical Secretary 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
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 contami-
nants likely to occur during the shutdown period.
4. Measures such as the use of off-shift labor and
equipment that will be taken to minimize the
length of the shutdown period.
B. EXCEPTIONS TO SHUTDOWN REPORTING REQUIREMENTS
1. The report described in Section 3(A) of this Chapter
are on a routine schedule, the report of the
Technical Secretary may be furnished on an annual
basis and shall list the dates and times of the
routine scheduled shutdowns during the following year.
2. When shutdowns referred to in Section 3(A) of this
Chapter are on a routine schedule, the report of the
Technical Secretary may be furnished on an annual
basis and shall list the dates and time of the routine
scheduled shutdowns during the following year.
C. When any emission source, air pollution control equipment, or
related facility breaks down in such a manner as to cause the .
emission of air contaminants for an anticipated or actual
duration of at least twenty-four (24) hours in violation of
these regulations, the person responsible for such equipment
shall immediately notify the Technical Secretary of such
failure or breakdown and provide a statement giving all pertinent
facts, including the estimated duration of the breakdown. The
Technical Secretary shall be notified when the condition causing
the failure or breakdown has been corrected and the equipment is
again in operation.
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CHAPTER XI
(11.0) , . HAZARDOUS AIR CONTAMINANTS
(11.0) SECTION 1 -- HAZARDOUS AIR CONTAMINANTS
Hazardous air contaminants are any air contaminants which may
cause, or contribute to, an increase in mortality or an increase
in serious irreversible, or incapacitating reversible illness, and
has been so designated by the Technical Secretary. Asbestos,
beryllium and mercury are hereby designated hazardous air
contaminants. The Technical Secretary may from time to time,
without public hearing, designate additional hazardous air
contaminants as designated by the Environmental Protection
Agency and published in the Federal Register.
(11.0) SECTION 2 — INFORMATION REQUIRED CONCERNING HAZARDOUS
AIR CONTAMINANTS
A. The owner or operator of one or more sources of hazardous
air contaminants in existence on the effective date of this
regulation shall, within four (4) months after official
notification by the Technical Secretary, file with the
Technical Secretary information necessary to allow the
evaluation of the air pollution potential of such emissions.
As a minimum, the following information shall be included
for each source from which hazardous air contaminants are
emitted: identification of hazardous air contaminant; source
of hazardous air contaminant; concentration of hazardous air
contaminant; total weight of hazardous air contaminant
released per day; period or periods of operation; composition
of the hazardous air contaminant; physical state of the
hazardous air contaminant; temperature and moisture content
of the air or gas stream in which the hazardous air contami-
nant is contained; characterization of the variability of
hazardous air contaminant release with respect to rate,
composition and physical characteristics; height, velocity
and direction of air or gas stream at the point where released
to the atmosphere and such other information as may be
specifically requested by the Technical Secretary. All such
information shall be submitted on forms available from the
Technical Secretary.
The owner or oparator of a source constructed after the
effective date of this regulation shall file with the
Technical Secretary not less than 90 days prior to the
estimated starting date of construction sufficient information
to allow evaluation of the air pollution potential of such
hazardous air contaminants.
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(11.0) SECTION 3 - OPERATION OF SOURCE EMITTING HAZARDOUS AIR
CONTAMINANTS
Persons responsible for an air contaminant source emitting
designated hazardous air contaminants shall give utmost care
and consideration to the potential harmful effects of
emissions resulting from such activities. Evaluation of
these facilities as to the adequacy, efficiency and emission
potential will be made on an individual basis by the Technical
Secretary or his designated representative. Such
evaluation may require the owner or operator of a source
emitting hazardous air contaminants to perform such tests
as are necessary in the opinion of the Technical Secretary.
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CHAPTER XII
(9.0) METHODS OF SAMPLING AND ANALYSIS
(2.0) SECTION 1 — GENERAL
It is explicitly implied that in addition to and consistent
with specific methods of sampling and analysis described herein,
that samples will be taken in such number, duration and location
as to be statistically significant and representative of the
condition which the sample (s) purport to evaluate.
Where specific materials, equipment or procedures are specified,
it shall be permissible to use other materials, equipment or
procedures where it has been reliably demonstrated that their
use produces results comparable to that which would have been
obtained by use of the specified materials, equipment or procedures.
(9.0) SECTION 2 --AMBIENT AIR SAMPLING AND ANALYSIS
A. PROCEDURE FOR EVALUATION OR SULFUR DIOXIDE
Sulfur dioxide shall be determined by the "Pararosani-
line Method". Sulfur dioxide is absorbed from air in a
solution of potassium tetrachloromecurate. A
dichlorosulfitomercurate complex, which resists oxi-
dation by the oxygen in the air is formed. The com-
plex is reacted with pararosaniline and formalde-
hyde to form intensely colored pararosaniline methyl
sulfonic acid. The absorbance of the solution is
measured spectrophotometrically.
ACCEPTABLE EQUIVALENT METHODS ARE:
1. Gas Chromatographic Separation - Flame Photometric
detection (Provided Teflon is used throughout the
instrument system in parts exposed to the air stream).
2. Flame photometric detection (provided interfering
compounds in significant quantities are removed).
3. Coulometric detection (provided oxidizing and reducing
interferences such as 0.,, NOp, and H^S are removed).
4. Automated Pararosaniline Procedure
5. Other methods provided specifications of Table 1 are
met. The pararosaniline method, the referee method,
is described in the Federal Register, Volume 36, Number
84, Friday, April 30, 1971, in Appendix A.
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B. PROCEDURE FOR MEASURING SOILING INDEX
Air is drawn through Whatman No. 4 paper at an average face
velocity of about 45 feet per minute. The increase in
opacity density of the paper dye to deposit of particulate
is measured by light transmission and reported as COH unit per
1000 linear feet of air passed through the filter. By defini-
tion one COH unit is equal to 100 times the optical density.
Sampling time should be selected so that for significant soil-
ing the percent light transmission through the test spot
will be between 50 and 90 percent of that through the
clean paper.
The sample probe inlet should be protected to prevent
entry of rain and located at least 10 feet above ground
level.
C. PROCEDURE FOR MEASURING SUSPENDED PARTICIPATES
The reference method for the determination of suspended
particulates is the high volume method. Particulates
having a size range of 0.1 to 100 microns in diameter
are collected by drawing air through a weighted glass-
fiber filter. The glass-fiber filter is allowed to
equilibrate in a humidity controlled atmosphere and
the filter is reweighed. From the weight of particulate,
the 'sampling time and the flow-rate which is usually
between 40 and 60 ft /min., the particulate concentration
in micrograms per cubic meter may be calculated. The
sampling period is usually 24 hours or for a period
representative of a 24 hour period.
The reference method is given in the Federal Register,
Volume 26, Number 84 - Friday, April 30, 1971,
Appendix B.
D. PROCEDURE FOR EVALUATING ATMOSPHERIC FLUORIDES
The standard procedure for determination of atmospheric
fluorides shall conform to that adopted by the American
Society for Testing Materials in 1958 and bearing ASTM
designation D1606-58T. Distillation and titration
procedures are based on those originally described
by H. H. Willard and 0. B. Winter in Industrial and
Engineering Chemistry, Analytical Edition, Volume 5,
Page 7 (1933).
E. PROCEDURE FOR MEASURING NITROGEN DIOXIDE . .
The reference method for the determination of nitrogen
dioxide in the atmosphere is the 24 hour Jacobs-Hochheiser
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Sampling Method. It is described in the Federal Register,
Volume 36, Number 84 - Friday, April 30, 1971.
This method uses sodium hydroxide as the absorbing reagent
and sulfanilamide as the color producing agent.
The frit porosity of the bubblers used in this procedure
is critical. Therefore, it is essential that the collection
efficiency.of each individual bubbler be determined in
order that accurate results may be obtained.
F. PROCEDURE FOR DETERMINING PHOTOCHEMICAL OXIDANTS
The reference method for determining photochemical
oxidants corrected for interferences due to nitrogen
oxides and sulfur dioxide is by gas phase chemiluminesence.
This method is described in Federal Register, Volume 36,
Number 84, Friday, April 30, 1971, Appendix D.
EQUIVALENT METHODS ARE:
1. Potassium Iodide Colorimetric Detection provided
correction is made for S02 and NOo.
2. UV Photometric Detection of Ozone provided com-
pensation is made for interfering substances.
3. Chemiluminesence Methods differing from that of
the reference method.
4. Other methods provided the specifications in
Table 1 are met.
G. PROCEDURE FOR MEASURING CARBON MONOXIDE
The reference method for the continuous measurement of
carbon monoxide in the atmosphere is by non-dispersive
infrared spectrophotometry. This method is described
in the Federal Register, Volume 36, Number 84, Friday,
April 30, 1971, Appendix C.
EQUIVALENT METHODS ARE:
1. Gas Chromatographic Separation - Catalytic Con-
version - Flame lonization Detection.
2. Other methods provided the specifications in
Table 1 are met.
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H. PROCEDURE FOR MEASURING HYDROCARBONS
The reference method for determining hydrocarbons
Corrected for methane is by chromatographic
separation - catalytic conversion and flame ioni-
zation detection. This method is described in
Appendix E of Federal Register, Volume 36, Number 84,
dated April 30, 1971.
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TABLE I
PERFORMANCE SPECIFICATIONS OF INSTRUMENTATION
FOR USE IN AMBIENT AIR MONITORING
Specification
Range
Minimum De-
tectable
Sensitivity
Rise Time,
90%
Fall Time,
90%
Zero Drift
Span Drift
Precision
Operation
Period
Noise
Inter
ference
Equivalent
Operating
Temp. Fluc-
tuation
Linearity
Air Contamina
Sulfur
Dioxide
0-2, 620ug/m3
(0-1 ppm)
26 ug/m3
(0-0.01 ppm)
5 minutes
5 minutes
+ 1% per day &
i 2% per 3 days
+1% per day &
+_ 2% per 3 days
+. 2%
3 days
+ 0.5%
Tfull scale)
26 ug/m
(0.01 ppm)
±5°C
2% (full scale)
Carbon
Monoxide
0-58mg/m
(0-50ppm)
3
0.6 mg/m
(0.5ppm)
5 minutes
5 minutes
+ 1% per day &
+_ 2% per 3 days
+ 1% per day &
+_ 2% per 3 days
+ 4%
3 days
+ 0.5%
Tfull scale)
1 . 1 mg/m
(Ippm)
+ 5° C
2% (full scale)
nt
Photochemical
Oxidant
(corrected NO,
& so2) L
0-880ug/m3
(0-0.5ppm)
20ug/m3
(0.01 ppm)
5 minutes
5 minutes
+ 1% per day
+ 2% per 3 days
+ 1% per day
+ 2% per 3 days
+ 4%
3 days
+ 0.5%
Tfull scale)
20 ug/m
(.01 ppm)
±5°C
2% (full scale)
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The various specifications are defined as follows:
Range: The minimum and maximum measurement limits.
Minimum detectable sensitivity: The smallest amount
of input concentration which can be detected as con-
concentration approaches zero.
Rise time 90 percent: The interval between initial
response time and time to 90 percent response after
a step increase in inlet concentrations.
Fall time 90 percent: The interval between initial
response time and time to 90 percent response after a
step decrease in the inlet concentration.
Zero drift: The change in instrument output over a
stated time period of unadjusted continuous operation,
when the input concentration is zero.
Span drift: The change in instrument output over a
stated period of unadjusted continuous operation, when
the input concentration is a stated upscale value.
Precision: The degree of agreement between repeated
measurements of the same concentration (which shall be
the midpoint of the stated range) expressed as the
averge deviation of the single results from the mean.
Operation period: The period of time over which the
instrument can be expected to operate unattended within
specifications.
Noise: Spontaneous deviations from a mean output not
caused by input concentration changes.
Interference equivalent: The portion of indicated con-
centration due to the total of the interferences com-
monly found in ambient air.
Operation temperature fluctuation: The ambient tem-
perature fluctuation over which stated specifications
will be met.
Linearity: The maximum deviation between an-actual
instrument reading and the reading predicted by a
straight line drawn between upper and lower calibration
points.
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(9.0) SECTION 3 — SOURCE SAMPLING AND ANALYSIS
The methods set forth in this section shall be applicable
for determining compliance with emission standards.
A. SAMPLE AND VELOCITY^ TRAVERSES
Sample and velocity traverses shall be determined by the
method outlined in the Federal Register. Volume 36, Number
247, December 23, 1971, with this added condition: "If
traverse readings are within plus or minus 10% of average;
1, 2 or 3 points (corrected to average) may be used in
subsequent tests. One test in 3 must be a traverse."
B. STACK GAS VELOCITY DETERMINATION
Determination of Stack Gas Velocity (Type S Pitot Tube)
shall be determined by the method outlined in the
Federal Register, Volume 36, Number 247, December 23,
1971, except in such instances where a Type S Pitot
Tube is not applicable.
C. GAS ANALYSIS
Gas analysis for carbon dioxide, excess air and dry molecular
weight shall be accomplished by the method outlined in the
Federal Register, Volume 36, Number 247, December 23, 1971,
or another type of test procedure that is direct indicating
and/or recording approved by the Technical Secretary.
D. DETERMINATION OF MOISTURE IN STACK GASES
Moisture shall be determined by the condenser method as
specified in the Federal Register, Volume 36, Number 247,
December 23, 1971, or other technique approved by the
Technical Secretary.
E. DETERMINATION OF PARTICULATE EMISSIONS
The basic design of the sampling train is left to the individual
if certain criteria are observed to assure high collection
efficiency and standard analysis of the collected particulates.
1. DESCRIPTION OF SAMPLING APPARATUS
a. This apparatus shall include interchangable sampling
nozzles or probes, of various diameters, a filter
effective for the removal of particles exceeding 0.3
micron diameter of solid or liquid, a suitable number
of impingers to reduce condensible vapors to liquid
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or solid participate matter, and appropriate
connecting tubing at temperatures above the
aqueous dewpoint of the gases. All materials
of construction shall be resistant to corrosive
elements in the flue gases, e.g., SCL, NO ,
and elevated temperatures.
b. This filter assembly shall be maintained above the
aqueous dewpoint of the flue gases throughout the
sampling operation. To accomplish this the filter
assembly may be disposed inside the gas flue to be
completely bathed by the hot gas stream; or it may be
disposed outside the gas stream provided the
following precautions are taken:
(1) If the filter is disposed outside the hot
gas flue, a temperature indicator, e.g.,
thermocouple, shall be provided at the
sample filter gas exit to monitor the filter
temperature above the aqueous dewpoint of the
flue gases at all times. Auxiliary heating
elements for tubing and filter holder shall be
provided to maintain specified temperatures '
when required.
(2) Deposits in the tube connecting the probe to
the exterior filter shall be quantitatively
removed by washing with a suitable liquid
and by.brushing, the weight of solids recovered
therefrom being added to the weight found in the
filter.
c. Provisions shall be included for cooling the gas
stream to standard conditions (70° F) to reduce
condensible vapors to liquid or solid particulate
matter, and for cooling the condensed particles
including water that may be formed by condensation
of water vapor in the sample. This shall be accomp-
lished by passage through bubblers provided with an
orifice submerged in water through which the gas stream
passes at a velocity of approximately 100 meters
per second. The bubblers should be immersed in an
ice bath to minimize evaporation. A trap of suitable
shape and dimensions for the collection of overflow
or overspray shall be provided downstream from the
; bubblers.
d. An indicating flowmeter shall be provided and'
preferably located in the train at a point
preceding the source of suction, preceded by a
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trap .to prevent condensed water from entering
the flowmeter; and a vacuum gauge adjacent to
the flow meter to indicate the absolute pressure
of the gas passing through the orifice meter.
e. Operation charts comprising either graphs or
tables shall be prepared and be available as
a part of the apparatus, to indicate proper
sampling rates as a function of gas density in
the stack and at the flowmeter.
2. ANALYTICAL RESULTS
Analytical results shall be accomplished as outlined
in the appendix of the Federal Register,-Volume 36,
Number 247, December 23, 1971 for the filter catch
and washings up to the filter. Inclusion or exclusion
of material collected in the impinger train as "particulate
matter" and method of analysis will be determined on an
individual air contaminant source basis.
3. EQUIVALENT METHODS
Those procedures demonstrated to yield equivalent
results and approved by the Technical Secretary may
be used for sampling and analysis of particulate
matter. Stack sampling methods promulgated by the
Environmental Protection Agency for specified air
contaminant sources are considered to be equivalent
methods and therefore acceptable.
F. MEASUREMENT OF SULFUR DIOXIDE IN STACK GASES
1. The approved procesures for measuring Sulfur Dioxide
in stack gases are the Shell Development Company
method and the Monsanto Company method.
REFERENCE: (1) Shell Development Company Method
Atmospheric Emission from Sulfuric Acid
Manufacturing Processes, Public Health Service
Publication 999-AP-13 (1965), Appendix B, page 85-87.
REFERENCE: (2) Monsanto Company Method
Atmospheric Emission from Sulfuric Acid
Manufacturing Processes, Public Health
Service Publication 999-AP-13, (1965)
Appendix B, page 63-84.
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2. EQUIVALENT METHODS
Many new and improved methods of continuous gaseous
monitoring in stacks are now in use. Any method of
stack sampling approved by the Technical Secretary
may be used in accordance with good professional
practice. Stack sampling methods promulgated by the
Environmental Protection Agency for specified air
contaminant sources are considered to be equivalent
methods and therefore acceptable.
G. MEASUREMENT OF SULFURIC ACID (HpS04) IN STACK GASES
1. The approved procedures for measuring sulfuric acid
(HpSOj in stack gases are the Shell Development
Company Method and the Monsanto Company Method.
REFERENCE: (1) Shell Development Company Method
Atmospheric Emission from Sulfuric Acid
Manufacturing Processes, Public Health Service
Publication 999-AP-13 (1965), Appendix B, pages 85-87
REFERENCE: (2) Monsanto Company Method
Atmospheric Emission from Sulfuric Acid
Manufacturing Processes, Public Health Service
Publication 999-AP-13 (1965), Appendix B, pages 63-84
2. Any method of stack sampling approved by the Technical
Secretary may be used in accordance with good
professional practice. The stack sampling method
: promulgated by the Environmental Protection Agency
in the Federal Register, Volume 36, Number 247, December
23, 1971 is considered to be an equivalent method.
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CHAPTER XIII
(2.0) SEVERABILITY
The provisions of these Regulations are severable and if any
part, section, subsection, clause, paragraph or phrase of
these Regulations shall be adjudged to be invalid or un-
constitutional by any court of competent jurisdiction, the
judgment shall not affect, impair or invalidate the remainder
of these Regulations, but shall be confined in its operation
to the part, section, subsection, clause, paragraph or phrase
of these Regulations that shall be directly involved in the
controversy in which such judgment shall have been rendered.
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CHAPTER XIV
(50.2) CONTROL OF SULFUR DIOXIDE EMISSIONS
(2.0) SECTION 1 -- GENERAL PROVISIONS
A. For the purpose of this Chapter, each county in Tennessee will
be classified by the Board into one of six categories,
defined as Class I, Class II, Class III, Class IV, Class V,
and Class VI.
Each class has been established with the essential limit
necessary to attain and/or maintain ambient air quality
standards based on measured and predicted air quality.
B. The county classifications are as follows:
Class I - Polk
Class II - Humphreys, Maury, Roane
Class III - Sullivan
Class IV - Shelby
Class V - Anderson, Davidson, Hamilton, Hawkins, Knox, Rhea
Class VI - All other counties.
(51.6) SECTION 2 -- NON-PROCESS EMISSION STANDARDS
A. Fuel Burning Installation in Operation Prior to April 3, 1972.
1. The owner or operator of a fuel burning installation
shall not cause, suffer, allow or permit the emissions
from that source of sulfur dioxide in excess of that
contained in Table 1:
TABLE 1
ALLOWABLE SO, EMISSIONS FOR FUEL-BURNING INSTALLATIONS
IN TERMS OF POUNDS PER MILLION BTU/HR HEAT INPUT
(one Hour Average)
Rated Capacity Class I Class II Class III Class V Class VI
"g
greater than 1000 x 10
. BTU/hr. 1.2 1.2 2.4 4.0 5.0
Less than 1000 x 106
BTU/hr. 1.6 5.0 2.4 4.0 5.0
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2. The owner or operator of a fuel burning installation in a
Class IV County shall not cause, suffer, allow or permit
emissions from that source of sulfur dioxide in excess of
those listed in Table 2 or the following equation:
TABLE 2
FUEL EMISSION LIMIT
(one hour average)
Coal 4.0 Ibs S02/106 BTU
No 5 and No 6 fuel oil and fi
solid fuels other than coal 2.7 Ibs SO-/10? BTU
4.0 X +2.7Y+0.5Z
All other fuels 0.5 Ibs SO^/IO0 BTU
S02 X+Y+Z
Q<.n = Allowable Sulfur Dioxide Emissions
iU2 in Ibs S02/106 BTU
X = Heat input from coal
Y = Heat input from #5 or #6 fuel oil
and solid fuels other than coal
Z = Heat input from all other fuel
3. In addition to the requirements of subparagraphs 1 and 2,
every owner or operator of a fuel burning installation having
a total rated capacity greater than 1000 million BTU per hour
shall:
a. Demonstrate, to the satisfaction of the Technical
Secretary, that the sulfur dioxide emitted, either
alone or in contribution to other sources, will not
interfere with attainment and maintenance of any
primary or secondary ambient air quality standard.
b. Install and maintain air quality sensors to monitor
attainment and maintenance of ambient air quality stan-
dards in the areas influenced by the emissions from
such installation. Such shall be done in a manner
prescribed by the Technical Secretary. Results of
such monitoring shall be provided to the Technical
Secretary in a manner and form as he shall direct.
4. For purpose of this part, the total heat input (based on
. maximum rated capacity) from all fuel combustion units at
a plant, premises or installation shall be used for determining
the maximum allowable emission of sulfur dioxide that passes
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through a stack or stacks. The heat valve of the fuel that
... is not released within the fuel burning equipment shall not
• be considered as part of the heat input to the fuel burning
installation.
B. Fuel Burning Equipment Constructed After April 3, 1972.
1. Fuel burning equipment with a rated capacity of 250 million
BTU per hour or less heat input, shall not cause, suffer,
allow or permit the emission of sulfur dioxide in excess of
1.6 pounds per million BTU heat input (one hour average)
in a Class I County, 2.4 pounds in a Class III County, 4.0
pounds in a Class IV and V Counties, nor in excess of 5.0
pounds per million BTU heat input (one hour average) in
a Class II or VI County.
2. The owner or operator of a fuel burning equipment with a rated
capacity greater than 250 million BTU per hour heat input shall
not cause, suffer, allow or permit the emissions from that
source of sulfur dioxide in excess of the following:
a. .80 Ibs per million BTU heat input, maximum 1 hour
average, when solid fossil fuel is burned.
b. 1.2 Ibs per million BTU heat input, maximum 1 hour
average, when solid fossil fuel is burned.
c. Where different fossil fuels are burned simultaneously
in any combination, the applicable standard shall be
determined by proration. Compliance shall be determined
by using the following formula:
Y (0.80) + Z (1.2)
Y + Z
Where:
Y is the percent of total heat input derived from liquid
fossil fuel and,
Z is the percent of total heat input derived from solid
fossil fuel.
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(50.1.DSECTION 3 — PROCESS EMISSION STANDARDS
A. On or after July 1, 1975, the owner or operator of an air
contaminant source located in a Class I county shall not cause,
suffer, allow or permit the emission from that source of sulfur
oxides (calculated as sulfur dioxide) in excess of 500 parts per
million, 0.05 percent by volume, dry basis (one hour average).
B. On or after July 1, 1975, the owner or operator of an air
contaminant source located in a Class II and Class III county
shall not cause, suffer, allow or permit the emission from
that source of sulfur dioxide in excess of 1000 parts per million,
0.10 percent by volume, dry basis (one hour average).
C. On and after July 1, 1975, the owner or operator of an air
contaminant source located in a Class IV, V or VI county shall
not cause, suffer, allow or permit the emission from that
source of sulfur dioxide in excess of 2,000 parts per million,
0.20 percent by volume, dry basis (one hour average).
D. A process source in a Class IV county as an alternative to the
standard in paragraph (C) above, may request from the
Technical Secretary of the Tennessee Air Pollution Control
Board to be regulated by not being allowed to exceed their
sulfur dioxide emission capacity in 1974, on a twenty-four
hour and an annual basis. These emissions will be specified
in a Board Order, as a permit condition or other legally
enforceable manner. The Technical Secretary may approve
such a request after being given adequate proof that this
alternate standard will not cause any air quality standards
to be violated and the company has an adequate continuous
air monitoring network for determining the impact of its
emissions.
E. No person shall cause, suffer, allow or permit the emissions
from any new air contaminant source in excess of those limits
specified in Chapter XIV, Section 3, paragraph (A), (B) or
(C), whichever is applicable. Regardless of the specific emission
standard, new sources shall utilize the best available control
technology as deemed appropriate by the Technical Secretary
of the Tennessee Air Pollution Control Board.
F. In addition to the requirements of Rule 3, paragraph (A), (B),
and (C), above, every owner or opreator of an existing
process emission source emitting more than 1000 tons of S0«
during the calendar year 1972 or any other calendar year
thereafter shall:
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1. Demonstrate, to the satisfaction of the Technical Secretary,
that the sulfur oxides emitted, either alone or in contri-
bution to other sources, will not interfere with attainment
and maintenance of any primary or secondary ambient air
, quality standard.
, 2. Install and maintain air quality sensors to monitor attain-
ment and maintenance of ambient air quality standards in the
areas influenced by the emissions from such installation.
Such shall be done in a manner prescribed by the Technical
Secretary. Results of such monitoring shall be provided
to the Technical Secretary in a manner and form as he
may direct.
6. All calculations performed pursuant to demonstration required
by rule 3(F), shall assume that the process emission source
is operating at the maximum rated capacity.
H. For purposes of this Chapter, thermal oxidizers and incinerators
shall be construed as process emission sources.
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THE HAMILTON COUNTY AIR POLLUTION CONTROL .
REGULATION
(AS AMENDED)
A REGULATION FOR AIR CONSERVATION AND THE PREVENTION: ABATEMENT AND
CONTROL OF AIR POLLUTION: CREATING AN AIR POLLUTION CONTROL AUTHORITY
AND PRESCRIBING ITS POWERS AND DUTIES: AND ESTABLISHING STANDARDS,
RULES AND REGULATIONS FOR THE ABATEMENT AND CONTROL OF AIR POLLUTION
AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF: AND PROVIDING FOR THE
ISSUANCE, SUSPENSION AND REVOCATION OF INSTALLATION PERMITS, TEMPORARY
OPERATING PERMITS AND CERTIFICATES OF OPERATION: AND AUTHORIZING THE
IMPOSITION AND COLLECTION OF PENALTIES AND FORFEITURES: AND
REQUIRING MONITORING OF SOURCES AMD MAKING EMISSION DATA AVAILABLE TO
THE PUBLIC: AND PROVIDED FOR THE LICENSING OF OPERATORS OF CERTAIN
TYPES OF EQUIPMENT.
WHEREAS, air pollution in all its forms is a menace to health, safety,
and economy of all citizens; and
WHEREAS, preventable air pollution can be corrected or removed as
a public hazard through engineering, science, equipment, research,
education, and cooperation; and
WHEREAS, the excessive emissions of air contaminants are causing
atmospheric pollution which must be prevented and abated to the extent
necessary to prevent deleterious effect upon the public health, welfare,
property, and business and requires the adoption of a comprehensive and
integrated plan for air pollution control; now, therefore, the following
regulations have been adopted by the County Council of Hamilton County,
Tennessee.
SECTION 1
(2.0) Declaration of Policy and Purpose: Title
Section 1-A. It is hereby declared to be the public policy of this
county and the purpose of this regulation to achieve and maintain such
levels of air quality as will protect human health and safety and to the
greatest degree practicable, prevent injury to plant and animal life and
property, foster the comfort and convenience of the people.
Section 1-B. To these ends it is the purpose of this regulation to
provide a program of air pollution prevention, abatement, and control.
Section 1-C. This regulation shall be known and cited as "The Hamil-
ton County Air Pollution Control Regulation".
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SECTION 2
(16.0) ' Air Pollution Control Board: Bureau of Air Pollution Control.
. Section 2-A. Air Pollution Control Board.
1. There is hereby created the Chattanooga-Hamilton County Air
Pollution Control Board, hereinafter referred to as "the Board" to be
composed of ten members, three of whom are to be appointed by the
County Judge and confirmed by the County Council; three of whom are
to be appointed by the Mayor of the City of Chattanooga, and confirmed
by the City Commission; three of whom are to be appointed jointly by the
county Judge and the Mayor and confirmed by both the City Council
and the City Commission. The terms of members shall be four years except
that of the initially appointed members, one from each of the above catego-
ries shall serve for two years, and one from each shall serve for three
years, and one from each shall serve for four years as designated at the
time of appointment. Whenever a vacancy occurs, the vacancy shall be
filled for the unexpired term in the same manner as the original appoint-
ment. The Director the Chattanooga-Hamilton County Health Department or
his designated representative shall be an ex-officio voting member,
provided, however, that if the Director of the Chattagoona-Hamilton
County Health Department desires to designate a representative such
designation shall be made on an annual basis and in writing prior to
June 30th of each year and such designated representative shall serve as
the ex-officio member in the place of the Director of the Chattagoona-
Hamilton County Health Department. Provided further, that should the
designated' representative resign or otherwise terminate his employment
with the Chattagoona-Hamilton County Health Department such shall
terminate his appointment to, and service upon the Board.
2. The members of the Board shall have the following qualifications:
They shall be residents of the metropolitan area of Chattanooga, Tennessee,
residing within Hamilton County, Tennessee, or Walker County, Georgia,
Industry may have no more than three members active or retired, of whom
no more than one shall be from any major two-digit grouping as defined
by the Standard Industrial Classification Manual of the United States
Department of Commerce. The Chairman of the Board shall have the right
to vote on all matters. Members shall be selected for merit without
regards to political affiliation; the Mayor and Judge in their appoint-
ments' shall select persons for their ability and all appointments shall be
of such nature as to aid the work of the Board, to inspire the highest
degree of confidence and cooperation in furthering the policy of this
regulation.
3. The Board shall select annually a Chairman, Vice-Chairman and
Secretary .from among its members as officers; each officer shall have the
right to vote on all matters, and shall hold office until the expiration
of the term for which elected and thereafter until his successor has
been elected. The Board shall hold at least four.regular meetings each
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year and such additional meetings as the chairman deems desirable, at
a place within this County and time to be set by the Chairman. Special
meetings .shall be called by the Chairman upon written request of any
four members. Six members shall constitute a quorum.
4. All members of the Board shall service without compensation but
shall receive their actual expenses incurred in attending meetings of the
Board and the performance of any duties as members or by direction of
the Board.
5. The Board may employ and discharge such employees and consultants
as may be necessary for the administration of this regulation with the
approval of the Mayor, County Judge and Chairman of the Board or with
the approval of any two of said officials. Subject to any applicable
restrictions contained in law, all departments and agencies of the
County shall, upon request, assist the Board in the performance of its
duties, with or without charge. The Board may conpensate such other
agencies for services.
Section 2-B. Bureau of Air Pollution Control.
There is hereby created a Bureau of Air Pollution Control, hereinafter
referred to as "the Bureau," which shall be headed by a director appointed
by the Board, subject to the approval of the Mayor, County Judge and
Chairman of the Board or with the approval of any two of said officials.
The Bureau shall administer this regulation under the overall supervision
of the Board, and shall provide, by rules consistent wit law, for the
performance by the officers and employees of any act or duty necessary
or incidental to the administration of this regulation.
Section 2-C.
Persons responsible for compliance with this regulation and who are
liable for violation of this regulation shall include, but not necessarily
be limited to, all persons owning, occupying, operating, in charge of or
in control of any premises, equipment, installations or operations from
which or as a result of which any violation of this regulation shall occur
whether such persons be proprietor, owner, lessee, tenant, manager, opera-
tor or in charge of such premises, equipment, installations or operations,
and further any of the foregoing who having a reasonable opportunity to
do so should fail to take all reasonable and necessary steps to terminate
or abate any condition or operation which causes or from which arises a
violation of this regulation shall be deemed to be in violation of this
regulation. Any one or more of the foregoing persons shall be held
individually and jointly responsible for compliance herewith and shall be
jointly and severally liable for violation hereof.
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SECTION 3
(16.0) Powers and Duties of the Board: Delegation
Section 3-A. In addition to any other powers otherwise conferred
upon it by law, the Board shall have power to:
1. Recommend from time to time to the County Council that it adopt,
promulgate, amend, and repeal provisions of this regulation; provided,
however, that prior to making such recommendations a public hearing
shall be held on such proposed changes with adequate advance public
notice of such hearing.
2. Hold hearings relating to any aspect of or matter in the
administration of this regulation.
3. Make such determinations and issue such orders as may be
necessary to effectuate the purposes of this regulation and enforce
- the same by all appropriate administrative and judical proceedings.
4. Retain, employ, provide for, and compensate, within appropria-
tions available therefore, such consultants, assistants, deputies,
clerks, and other employees including legal counsel, on a full or
part-time basis as may be necessary to carry out the provisions of this
regulation and prescribe the times at which they shall be appointed
and their powers and duties consistent with Section 2-A of this
regulation.
.5. .Through its Bureau, determine by means of field studies and
sampling the degree of air contamination and air pollution in the
County and various areas therein.
6. Recommend ambient air quality standards for the County.
7. Hold hearings upon appeals from orders of the Director, or from
the grant or denial of the Director, or permits, or from any other actions
or determinations of the Director hereunder for which provision is made
for appeal.
8. Institute in the name of the County in the Circuit Court or the
Chancery Court of Hamilton County, Tennessee, legal proceedings to com-
pel compliance with any final order or determination entered by the Board
or. the Director.
9. . Settle or compromise in its discretion, with the approval of the
County attorney, as it may deem advantageous to the County and in keeping
with the purpose and spirit of this regulation, any suit for recovery of
any penalty or from compelling compliance with the provisions of any rule
or regulation issued hereunder or for compelling compliance with any
order or determination entered by the Board or the Director.
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10. Require access to records relating to emissions which cause
or contribute to air contamination.
11. Issue, suspend and revoke installation permits, temporary
operating,permits and certificates of operation and other permits and
licenses provided for in this regulation.
12. To provide for forfeitures and penalties for any breach of this
regulation, such forfeitures and penalties to be imposed upon a violator
only after hearing, or opportunity for hearing, before the Board and to
provide for forfeitures and penalties upon failure of a violator of this
regulation to comply with any order of the Board, and to bring legal
actions in the name of the County in the appropriate court for the
collection of such penlty or forfeiture.
• Section .3-B, -The Board .sjiall, have .the following duties with respect-
to the prevention, abatement, and control of air pollution:
1. Prepare and develop a comprehensive plan or plans for the preven-
tion, abatement, and control of air pollution in this County and report
annnually to the County Judge and County Council of Hamilton County on
progress being made toward the prevention, abatement, and control of air
pollution'.
2. Encourage voluntary cooperation by persons and affected groups
to achieve the purposes of this regulation.
3. Encourage and conduct studies, investigations, and research
relating to air contamination and air pollution and their causes,
effects, prevention, abatement and control.
4. Collect and disseminate information and conduct educational and
training-programs relating to air contamination and air pollution.
5. Advise, consult, contract, and cooperate with other agencies of th
State and this County, other local governments, industries, other States,
interstate or interlocal agencies, and the Federal Government, and with
interested persons or groups.
6. Accept, receive, and administer grants or other funds or gifts from
public or private agencies, including the State and Federal Governments,
for the purpose of carrying out any of the functions of this regulation.
Such funds received by the Board pursuant to this subdivision shall be de-
posited with the City of Chattanooga Treasurer and or Hamilton County
and held and disbursed by said office in accordance with regulations of the
.Board. The Board is authorized to promulgate such rules of the conduct
of its business and as it may deem necessary for carrying out the pro-
visions of this regulation.
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Section 3-C. The Board may delegate to the Director, and through
him to the personnel of the Bureau, any powers conferred upon the Board
by this section with the exceptions of those enumerated in subsections 1,
4, 6, 7, and 9 of subsection A of this section. The Board may request
the assistance of the Director and the Bureau in the discharge of the
duties enumerated in subsection B of this section but shall not be
relieved thereby of the ultimate responsibility for their fulfillment.
SECTION 4
(15.0) Enforcement: Procedure for Adjudicatory Hearings
(16.0)
Section 4-A. Whenever the Board or Director has reason to believe
that a violation of any provision of this regulation or rule pursuant
thereto has occurred, the Board or Director may cause written notice to
be served upon the alleged violator or violators. The notice shall
specify the provision of this regulation or rule alleged to be violated
and the date, time, place, and general nature of the alleged violation
or violations thereof and may include an order that necessary corrective
action be taken within a reasonable time. The notice herein provided
for may be served by the Sheriff or a Deputy Sheriff of Hamilton
County, Tennessee; or by a special deputy sheriff; or may be served
in any other manner prescribed for the service of a writ or summons
by the statutes of the State of Tennessee. Any such order shall become
final unless, no later than thirty days after the date of notice and
order are served the person or persons named therein request in writing
a hearing before the Board. Upon such request, the Board shall hold a
hearing. In lieu of an order, the Board may require that the alleged
violator or violators appear before the Board for a hearing at a time
and place specified in the notice and answer the charges complained
of, or the Board may initiate action pursuant to Section 18 or Section
19 of this regulation, or the Board may initiate action pursuant to
any applicable provisions of the statutes of the State of Tennessee, or
the Acts'Of Congress of the United States, or the Board may initiate
action pursuant to any provisions or doctrines of the law of
Tennessee..
Section 4-B. If, after a hearing held purusant to subsection A of
this section, the Board finds that a violation or violations have occurred,
it shall affirm or modify the order previously issued, or issue an
appropriate order or orders for the prevention, abatement, or control of
the emissions involved or for the taking of such other corrective action
as may be appropriate. If, after hearing on an order contained in a notice
the Board finds that no violation has occurred, it shall rescind the
order. Any order issued as part of a notice or after hearing may prescribe
the date or dates by which the violation or violations shall cease and may
prescribe timetables for necessary actions in preventing, abating, or
controlling the emissions. All action taken by the Board under this
section shall be approved in writing by the chairman, vice-chairman or
chairman.pro tern, of the Board.
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Section 4-C. Nothing in this regulation shall prevent the Board or
Director.from making efforts to obtain voluntary compliance through warn-
ing, conference, or any other appropriate means. Nothing in this regula-
tion,, 'or 'in this section of this regulation, shall be construed as requir-
ing a hearing pursuant to this section of this regulation prior to or as
prerequisite to the institution of action pursuant to any other section
of this regulation or pursuant to the statutes of the State of Tennessee,
the Acts of Congress of the United States, or any applicable doctrine of
the law of the State of Tennessee; and nothing in this regulation or this
section of this regulation shall prevent the Board or Director from
suspending or revoking an installation permit or a temporary operating
permit or any other permit or license issued pursuant to the provisions
of this regulation, but notice shall be served pursuant to this section
of this regulation prior to revocation of a valid and outstanding
certificate of operation.
SECTION 5
(5.0) Variances
Section 5-A. Any person who owns or is in control of any plant,
building, structure, process or equipment may apply to the Board for
a variance from rules or regulations. The Board may grant such
variance if it finds that:
1. The emissions occurring or proposed to occur do not endanger
or are not likely to endanger human health or safety; and
2. Compliance with the rules or regulations from which variance
is 'sought would produce serious hardship without equal or greater
benefits to the public.
Section 5-B. No variance shall be granted pursuant to this section
except after public hearing on due notice by publication in a newspaper
of general circulation and until the Board has considered the relative
interests of the applicant, other owners or property likely to be
affected by the discharges, and the general public.
Section 5-C. Any variance or renewal thereof may be granted within
the requirements of subsection 5-A and for the time periods and under
conditions consistent with the reasons therefor and with the following
limitations:
1. If the variance is granted on the ground that there is not
practicable means known or available for the adequate prevention,
abatement, or control of the air pollution involved, it shall be only
until the necessary means for prevention, abatement, or control becomes
known and available and subject to the taking of any substitute or
alternate measures that the Board may prescribe.
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2. If .the variance is granted on the ground that compliance with the
particular requirement or requirements from which variance is sought will
necessitate the taking of measures which, because of their extent or cost,
must be spread over a considerable period of time, it shall be for a
period not to exceed such reasonable time as, in the view of the Board is
requisite for the taking of the necessary measures. A variance granted
on the ground specified herein shall contain a timetable for the taking
of action in an expeditious manner and shall be conditioned on adherence
to such timetable.
3. If the variance is granted on the ground that it is justified
to relieve or prevent hardship of any kind other than provided for in
items 1 and 2 of this subsection, it shall be for not more than one
year.
Section 5-D. Any variance granted pursuant to this section may be
renewed on terms and conditions and for periods which would be appro-
priate on initial granting of a variance. If complaint is made to the
Board on.account of the variance, no renewal thereof shall be granted,
unless, following public hearing on the complaint notice, the Board
finds that renewal is justified. No renewal shall be granted except on
application therefor. Any such application shall be made at least
thirty (30') days prior to the expiration of the variance. Immediately
upon receipt of an application for renewal, the Board shall give public
notice of such application in accordance with rules and regulations of
the Board.
Section 5-E. A variance or renewal shall not be a right of the appli-
cant or holder thereof but shall be in the discretion of the Board. How-
ever, any:'person adversely affected by a variance or renewal granted by the
Board may obtain judicial review thereof by a proceeding in the Chancery
Court. Judicial review of the denial of a variance may be had only on
common law writ of certiorari on the ground that the denial is arbitrary
or capricious.
Section 5-F. Nothing in this section and no variance or renewal granted
pursuant hereto shall be construed to prevent or limit the application of
the emergency provisions and procedures of Section 6 of this regulation to
any person or his property.
Section 5-G. Any hearing held under the provisions of this section
shall conform with the relevent requirements set out in Section 7 of this
requlation.
! . SECTION 6
(8.0) . Emergencies
Any other provisions of law to the contrary notwithstanding, if the
Director and/or the Director of the Chattagoona-Hamilton County Health
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Department finds that a condition of air pollution exists or is likely
to exist, and that it creates an emergency requiring immediate action to
protect human health or safety, the County Judge with the concurrence
of the Director and/or the Director of the Chattanooga and Hamilton
County Health Department, shall order persons causing or contributing
to the air pollution to reduce or discontinue immediately the emission of
air contaminants. Upon issuance of any such order, the Director shall
fix a place and time, not later than 24 hours thereafter, for a hearing
to be held before the Board. Not more than 24 hours after the
commencement of such hearing, and without adjournment thereof, the Board
shall affirm, modify, or recommend to the County Judge that the order be
affirmed, modified, or set aside.
SECTION 7
(16.0) Hearings and Judicial Review
Section 7-A. At any public hearing all testimony taken before the
Board shall be under oath and recorded stenographically, but the record
shall not be transcribed unless any party desires to appeal from any order
or determination of the Board, and in such event the appearling party shall
pay for the transcription and reimburse the Board its stenographic
expense incident to the hearing.
Section 7-B. The Chairman, Vice-Chairman, or Chairman pro tern.
of the Board or the Director may issue notice for the hearing and may
issue subpoenas requiring attendance and testimony of witnesses and/or
the production of evidence relevant to any matter involved in such
hearing. Said subpoena shall be served in the same manner as is provided
for service of notice in Section 4. The Director shall issue subpoenas
requested 'by a person upon whom notice has been served to appear for a
hearing or who otherwise has a real and substantial interest in the hear-
ing. The Chairman, Vice-Chairman or Chairman pro tern, or Director is
authorized to administer oaths and to examine witnessess. Witnesses
may likewise be examined by any member of the Board, the County Attorney,
the attorney representing the Board, the attorney presenting proof from
the Bureau, the applicant for variance or his attorney, an alleged
violator or his attorney, or any other person determined by the Board to
have a real and substantial interest in the hearing or his attorney. In
case of a refusal to obey a subpoena under this regulation, upon approval
of a majority of the members of the Board conducting the hearing,
application may be made to any State court of record for such necessary
orders or other proceedings to compel the attendance and testimony of said
witness or witnesses and/or to compel the production of such evidence.
Upon application to a State court of record the Court may issue such
order and failure to appear before the Board or produce evidence will be
deemed to be contempt of the court from which such order has issued.
Failure to obey the order shall be punishable as provided by ordinances,
state statutes or the common law for failure to obey a subpoena issued for
appearance of a witness before such court.
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Section 7-C. All hearings shall be held before not less than a
majority of the Board.
Section 7-D. Nothing in this section shall be construed to require a
hearing prior to the issuance of an emergency order pursuant to Section
6 of this regulation or prior to the institution of action pursuant to any
other section or provision of this regulation or the statutes of the State
of Tennessee, the Acts of Congress of the United States, or any applicable
doctrine of the law of the State of Tennessee.
Section 7-E. Any person aggrieved by any order or determination of
the Director may appeal said order or determination to the Board and
may request a public hearing before the Board pursuant to the provisions
of this Section 7. Notice of appeal and a bond in the amount of $250.00
to secure costs of the hearing shall be filed in the Bureau within 30 days
after the date of the final order or determination from which appeal is
sought. The filing of the notice of appeal and bond herein provided for
within the time herein prescribed shall perfect the appeal to the Board.
Upon receipt of said notice of appeal and bond, the Director shall imme-
diately notify the Chairman, Vice-Chairman or Chairman pro tern, of the
Board of the appeal. The hearing on appeal to the Board may be had at
a special meeting of the Board called by the Chairman, Vice-Chairman or
Chairman pro tern, or at a regular meeting. The perfecting of the appeal
as herein provided shall suspend the operation of the order or determina-
tion appealed from until such time as the Board has acted upon the appeal.
Any person aggrieved by any final order or determination of the Board
hereunder shall have judicial review thereof by common law writ of
certiorari. No judicial review shall be available until and after all
administrative remedies have been exhausted.
SECTION 8
(13.0) . Confidentiality of Certain Records
(14.0)
Any records or other information of a confidential nature voluntarily
fyrnished to the Board by the owner or operator concerning one or more
air contaminant sources which records or information as certified by the
owner or;operator relate to confidential productions or sales figures or
,to processes or productions unique to the owner or operator or which would
affect adversely the competitive position of such owner or operator if made
available to the general public shall be only for the confidential use of
the Board in the administration of this regulation, unless such owner or
operator shall expressly agree to the publication or availability to the
general public, provided, however, that no such records or information
shall be considered as of a confidential nature unless accepted in writing
by.the Board as confidential. Nothing herein shall be construed to prevent
the use of such records or information by the Board in compiling or
publishing analyses or summaries relating to the general conditions of the
outdoor .atmosphere provided that such analyses or summaries do not identify
any owner or operator or reveal any information considered confidential
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under this section. Notwithstanding the foregoing, neither the com-
position of air contaminants nor emission data shall be considered
confidential under this section.
SECTION 9
(2.0) Rules, Regulations, Criteria, and Standards
Be it further resolved by the County Council of Hamilton County,
Tennessee, that the following rules, regulations, criteria-, and standards
for air pollution control are hereby adopted:
(2.0) Rule 1 — Title
These regulations shall hereafter be known and referred to as the
"Chattanooga-Hamilton County Air Pollution Control Regulations."
(50.3) Rule 2 — Regulation of Nitrogen Oxides
Rule 2.1. No person shall cause, suffer, allow or permit the emission
of nitrogen oxides, expressed as nitrogen dioxide, from fuel burning equip-
ment built or installed on and after the 1st day of January, 1973, in
excess of the following:
a. 165 ppm corrected to 15 percent excess air when gaseous fossil
fuel is fired (equivalent to 0.20 pounds of nitrogen oxides,
expressed as nitrogen dioxide, per million BTU heat input).
b. 227 ppm corrected to 15 percent excess air when liquid fossil
fuel is fired (equivalent to 0.30 pounds of nitrogen oxides,
expressed as nitrogen dioxide, per million BTU heat input).
c. 525 'ppm corrected to 15 percent excess air when solid fossil
fuel is fired (equivalent to 0.70 pounds of nitrogen oxides,
expressed as nitrogen dioxide, per million BTU heat input).
When different fossil fuels are burned simultaneously in any combina-
tion, the applicable standard shall be determined by proration (i.e. the
allowable emission, expressed as nitrogen dioxide, shall be equal to
the value obtained from the equation: A = S x (525) + L x (227) +
G x (155) where
S = fraction of total heat input derived from
solid fossil fuel
L = fraction of total heat input derived from
liquid fossil fuel
. G = fraction of total heat input derived from
gaseous fossil fuel
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A = The emission limit in ppm
Rule 2.2. On and after the 1st day of July, 1975, no person shall
cause* suffer, allow or permit the emission of nitrogen oxides from any
nitric acid,plant in being before the 1st day of January, 1973, in
excess of 5.5 pounds (calculated as nitrogen dioxide) per ton of acid
produced.
Rule 2.3. No person shall cause, suffer, allow or permit the emission
of nitrogen oxides from any nitric acid plant build or installed on and
after the 1st of January, 1973, in excess of 3 pounds (calculated as nit-
rogen dioxide) per ton of acid produced.
Rule 2.4. All sampling of emissions from any source of nitrogen
oxides and all analyses of samples to determine the amount of nitrogen
oxides in such samples shall be conducted as specified by techniques
promulgated by the Board.
(50.1.2) Rule 3—Visible Emission Regulations
Rule 3.1. No person shall cause, suffer, allow or permit discharge of
a visible emission from any new air contaminant source with a density
greater than number one (1) of the Ringelmann Chart or an opacity in
excess of twenty (20) percent for an aggregate of more than five (5) min-
utes in any one (1) hour or more than twenty (20) minutes in any twenty-
four (24) hour period.
Rule 3.2. No person shall cause, suffer, allow or permit discharge of
a visible emission from any existing air contaminant source with a density
equal to or greater than number two (2) of the Ringelmann Chart or an
opacity equal to or in excess of forty (40) percent for more than five (5)
minutes in any one (1) hour or in aggregate of more than twenty (20)
minutes in any twenty-four (24) hour period.
Rule 3.3. On and after the 1st day of July, 1974, the provisions of
Rule 3.2 above stated shall no longer be applicable and all air contaminant
sources shall be construed as new sources for the purpose of Rule 3 of this
regulation and shall be required to meet those standards set forth in Rule
3.1 above stated.
Rule 3.4. Due allowance shall be made for visible emissions in excess
of that permitted in Rule 3.1 and Rule 3.2 of this regulation which are
necessary or*unavoidable due to start-up, breakdown or upset conditions
provided the owner or operator shall maintain a running, current log of
such start-up, breakdown or upset condition showing the time at which
such condition began and ended and that such record shall be available to
the Director or his representative upon request. For those operations
subject to a permit it shall be permissible to omit the record of
start-up conditions not in compliance with Rule 3.1 and Rule 3,2 when
such start-up condition has previously been made a part of the permit.
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Rule 3.5. It is expressly intended that in testing compliance with
Rule 3.1 and Rule 3.2 that visible emissions tending to produce a black
plume will be evaluated in terms of the Ringelmann Chart scale and
that visible emission tending to produce a non-black plume will be
evaluated in terms of equivalent opacity and expressed as percent
opacity.
Rule 3.6. Visible emissions from fuel-burning equipment used
exclusively to provide space heating in a building containing not more
two (2) dwelling units shall not be subject to the provisions of this
Rule 3 of this regulation,
(50.2) Rule 4 — Regulation of the Importation, Sales, Transportation, Use or
Consumption of Certain Fuels
Rule 4.1. It shall be unlawful for any person to import, sell, offer
for sale, expose for sale, exchange, deliver or transport for use and
consumption in the county, or to use or consume in the County, any fuel
containing in excess of 2% sulfur content by weight for fuel burning
equipment regulated under Rule 8 and Figure 1. Fuels with sulfur
contents greater than allowed in this rule may be burned, used, and
consumed, and may be delivered by any person to any user, provided said
user utilizes methods or processes or a combination of methods or
processes approved in writing by the Director which will limit the
emission of sulfur dioxide from the source to a quantity or rate not
greater than that which would result from the use of a low sulfur
fuel as specified in the first part of this rule. Any person who
desires to sell, offer for sale, expose for sale, exchange, deliver,
or transport for use and comsumption any fuel with sulfur content
greater than allowed as hereinabove set forth upon the basis that the
user utilizes methods or processes approved in writing by the Director
as hereinabove set forth must have in his possession at the time of sale,
offer for sale, exposure for sale, exchange, delivery or transport an
exact reproduced copy of the approval by the Director as hereinabove
provided for? which approval must at that time be valid, effective and
unrevoked. Sale, offer for sale, exposure for sale, exchange, delivery
or transport for use and consumption in the absence of such copy of such
valid, effective and unrevoked written approval shall be prima facie a
violation of this rule and the burden shall be upon the person charged
to establish that written and effective approval had been extended by
the Director as hereinabove provided.
Rule 4.2. To determine compliance with Rule 4.1 above, the Board is
authorized under this regulation to make, or obtain, tests of fuel it
deems necessary to determine compliance.
a. An adequate supply of the fuel, ready for use, must be made
available to the Director to conduct whatever tests in accordance with
A.S.M.E., P.T.C. 3.2—1954 he deems necessary.
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. b. Any person whose fuel is submitted to such tests must pay all
expenses necessary to conduct the tests found to be in violation
c. Tests certified by a competent person approved by the Director
may be'accepted by the Director as the tests required by this Rule.
Rule'4.3. The provisions of Rule 4 of this regulation shall become
effective on and after the 14th day of October, 1970.
Rule 4.4. The Director or his representative may examine the weigh
bills for all fuels delivered to and by all fossil fuel dealers by any
means of transportation.
(51.21) Rule 5 — Prohibition of Hand-Fired Fuel Burning Equipment
Rule 5.1. All hand-firing with solid fuels will be prohibited on
and after the 14th day of October, 1972.
Rule 5.2. Rule 5.1 shall not apply to fuel burning equipment used
exclusively for heating a dwelling designed for occupancy of less than
three families.
Rule 5.3. Where it is shown by a person to be unduly costly to
comply with Rule 5.1 for a specific installation without a commensurate
benefit to the public, the Board may, upon written request by such person,
grant an extension of time for compliance with Rule 5.1. Such extensions
shall expire in not more than one (1) year but may, in the discretion of
the Board, be further extended upon a new showing of the necessity for
such extension, by such a person.
(51.13) Rule 6 — Prohibition of Open Burning
Rule 6.1. No person shall cause, suffer, allow or permit open burning
except as provided in Section 6.3. No person shall fail or refuse to take
all reasonable and necessary steps and precautions to prevent open burning
upon any premises owned, occupied or under the control of such person.
No person shall fail or refuse to take all reasonable and necessary steps
and precautions to extinguish, or otherwise terminate and abate any
premises owner, occupied or under the control of such person or upon
premises upon which such person is carrying out any operation or
activity.
Rule 6.2. No person shall conduct a salvage operation by open
burning.
Rule 6.3. Open burning of vegetation and wood materials may be
permitted by the Director provided the following conditions are met:
i
a. A signed application shall be submitted to the Director giving the
reasons why no other method of disposal can be employed, amount
of material to be burned and location of material to be burned.
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b. No burning shall occur until such inspection of the material as
may required by the Bureau is conducted.
c. Burning shall be conducted only on days of low pollution potential,
as determined by the Bureau, and only between the hours of 9:00
A.M. and 4:00 P.M. on such days.
d. Only clean fuel not containing garbage, rubber, plastics or other
refuse shall be allowed for the start-up of fires.
e. Written approval is received from the Director.
Rule 6.4. Controlled burning of vegetation and wood materials may
be permitted by the Director provided the following conditions are met:
a. A signed application shall be submitted to the Director including
the following:
1. Complete plans and details of the method and equipment to be
used for the control of such burning.
2. Name of the person in charge of the equipment and how he may
be contacted.
b. An annual fee of $100.00 shall be included with the application,
which fee shall be collected by the Bureau and remitted to the
Fiscal Agent of the Board. Controlled burning permits are
renewable annually. Application for renewal of a controlled
burning permit shall be made in writing not less than sixty (60)
days prior to the expiration of the permit for which renewal
is sought.
c. Written approval is received from the Director.
Rule 6.5. Open burning shall be allowed without compliance with
Rule 6.3 only in the following specifically listed instances:
a. Fires used for cooking of food or for ceremonial or recreational
purposes, including barbecues and outdoor fireplaces, but only if
such fires are fuelled for that particular purpose.
b. Fires set by or at the direction of responsible fire control
agencies for the prevention, elimination or reduction of the
spread of existing fires.
c. Safety flares and smokeless flares, except those for the combustion
,of waste gases. Flares for the combustion of waste gases shall
comply with applicable provisions of Section 10 of this regulation.
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Rule 6.6. Open burning may be permitted in the following instances,
provided a written statement, such as is required in Rule 6.3.a. is filed
with the Director and written approval is given by the Director:
a. Fires set for the training and instruction of public or private
fire fighting personnel, including those in civil defense.
b. Other open burning where there is no other practical, safe and
lawful method of disposal.
(51.9) Rule 7 — Incinerator Regulation
Rule 7.1. All existing installations from which any air contaminant
is emitted or escapes into open air as a result of the operation of any
incinerator shall comply with the provisions of Rule 7.3 and 7.4 on and
after the 14th day of October, 1972. Provided, however, that on or before
the 14th day of October, 1971, the person in responsible charge of such
installation shall file with the Director plans and a compliance
schedule. .
Rule 7.2. Rules 7.3 and 7.4 shall apply to. all new incinerator
installations.
Rule 7.3. No person shall cause, suffer, allow or permit emission
form any incinerator in being before the 1st day of January, 1973, in
excess of 0.4 pounds per 100 pounds charge. No person shall cause,
suffer, allow or permit emission from any incinerator built or installed
on and after the 1st day of January, 1973, in excess of 0.1 pounds per
100 pounds charge. Provided, however, that on and after the 1st day
of July, 1975, no person shall cause, suffer, allow or permit emission
from any incinerator in excess of 0.1 pounds per 100 pounds charge.
Rule 7.4. All incinerators constructed after the 14th day of October,
1969, shall be of the multiple chamber design consisting of three or more
refractory lined combustion furnaces connected in series and with
provisions to (1) create a preignition temperature of 800° F. in the
primary furnace and (2) maintain a temperature of 1500 F. in the secondary
furnace.
Designs other than those outlined above shall be considered on an
individual basis and will be exempt from these provisions, if said
design results in performance which meets the standards set forth in
Rule 7.3 above. '
Rule -7.5. All incinerators must be supplied with an effective spark
arrester and a barometric damper.
Rule 7.6. A pathological waste incinerator is one which has a solid
hearth and which otherwise complies with the provisions of Rule 7.4. Any
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non-pathological waste incinerator in which pathological wastes are to be
burned must have a solid hearth of sufficient size to accomodate such
waste, which hearth must be located in such position that the waste can
be placed oppsite the flame port in the hottest part of the primary
chamber. Unless the incinerator is specifically designed for the burning
of pathological waste, no more than ten (10) percent of a charge shall
consist of pathological waste.
i
Rule 7.7. On and after the 1st day of March, 1973, the person in
responsible charge of the operation of an incinerator must be licensed by
the Bureau. , Such license shall be issued only after a passing score is
received on a standardized test to be.devised and administered by the
Bureau. The Bureau shall test persons on their knowledge of the principles
of incineration, including but not necessarily limited to the subjects
of preignition, firing and cleaning. The Bureau shall have the power
to collect a onetime fee of $5.00 pursuant to the issuance of such
license. Said fee shall be remitted to the Fiscal Agent of the Board.
The Director shall have authority to suspend or revoke such license if
the person holding such license willfully or by reason of incompetence
violates any provision of this regulation. No license issued in
accordance with the provisions of this Rule shall be assignable or
transferable. The failure to issue a license, or suspension or
revocation or such license shall be an order or determination of the
Director within the meaning of Section 7-E of this regulation.
(51.5) Rule 8 — Fuel Burning Equ-ipment Regulations
Rule 8.1. All existing installations from which any air contaminant
is emitted or escapes into open air as a result of the combustion of fuel
shall comply with Schedule 1 of Table 1 and with the provisions of Rule
8.3. on and after the 14th day of October, 1972. Schedule 1 of Table 1
and the provisions of Rule 8.3. shall apply to all new fuel burning
installations. Provided, however, that on and after the 1st day of July,
1974, the emission limits of Schedule 1 of Table 1 shall no longer be
applicable and no person shall cause, suffer, allow or permit the emission
of air contaminants from fuel burning equipment in being before the 1st
day of January, 1973, in excess of that provided in Schedule 2 of Table 1.
Rule 8.2. No person shall cause, suffer, allow or permit the emission
of air contaminants from fuel burning equipment build or installed on and
after the 1st day of Jaunary, 1973, in excess of that provided in Schedule
3 of Table 1.
Rule 8.3. The emission or escape into the open air of fly ash, particu-
late matter or other air contaminants, resulting from the combustion of
fuel, from any fuel burning equipment or from any stack connected thereto,
in quantities exceeding the limits specified in Table 1 for the size of
equipment involved is prohibited. The limitations, subject to linear
interpolation, are to be conformed to when the fuel burning equipment is
operating at the maximum design heat input rating. The heat input rating
of any unit discharging to a single stack shall be the maximum design
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input rating, including both heat available from burning of fuel and any
sensible,heat from materials introduced into the combustion zone at
temperatures above the ambient air temperature. When two or more fuel
burning units are connected to a single stack, the combined fuel
burning capacity of all units connected to the stack denotes the size
of equipment in terms of BTU input for establishing the maximum allow-
able emission. When one fuel burning unit is connected to two or more
stacks, the heat input of the equipment shall be the criterion for the
maximum allowable total emission from all stacks combined.
Tests to determine compliance with this rule shall be conducted
as provided in Sections 10 and 14 of this regulation.
Rule 8.4. Fuel burning equipment located in dwellings designed for
not more than two families are exempt from the operation of Rule 8.
TABLE 1
Emission Standards For Fuel Burning Equipment
Allowable Patticulate Emission
Equipment Rating (Lbs/10b BTU/Hr)
(10° BTU/Hr) Schedule 1 Schedule 2 Schedule 3
0-10.0 .60 .60 .60
50.0 .46 .40 .25
100.0 .40 .33 .17
250.0 .36 .26 .10
500.0 .30 .22 .10
1,000.0 .27 . .18 .10
2,000.0 .245 .15 .10
5,000.0 .210 .12 .10
7,500.0 .200 .11 .10
10,000.0 .185 .10 ,10
Determine .intermediate values by linear interpolation.
(12.0) Rule 9 — Regulation of Visible Emissions from Internal Combustion
(50.1.2) Engines
Rule 9.1. No person shall cause, suffer, allow or permit the. emission
of visible air contaminants from any spark ignition engine of ten (10)
horsepower or more
a. For a period of time exceeding ten (10) seconds, or
b. After the vehicle has moved 100 yards or more from its initial
starting point.
Rule 9.2. No person shall cause, suffer, allow or permit the visible
emission of air contaminants from a diesel type engine for a period of
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more than sixty (60) consecutive seconds in excess of number one (1) of
the Ringelmann Chart, or in excess of an opacity of twenty (20) percent.
Rule 9.3. Responsibility for compliance with Rules 9.1 and 9.2.
applies to the owner, the registered owner, the lessee and the operator,
individually, and each shall be jointly or severally liable for violation
of these Rules and subject to the fines and penalties of this regulation.
Rule 9.4. Testing of vehicles to determine compliance with Rules
9.1 and 9.2, shall become a part of and be included in the semi-annual
safety lane inspection required by Section 24.317 of the Chattagoona
City Code (Code 1968).
Rule 9.5. Testing in the outdoor atmosphere of internal combustion
engines which have been or are to be repaired will be allowed if such tests
are performed on the premises of the repairing facility.
Rule 9.6. No motor vehicle which is equipped with a pollution control
device shall be modified or altered in any manner which will decrease its
efficiency or effectiveness in the control of air pollution.
Rule 9.7. No diesel engine which supplies motive power to a vehicle
shall be allowed to idle more than five (5) consecutive minutes when the
vehicle is not in motion, except when the vehicle is forced to remain
motionless because of traffic conditions over which the operator has no
control; provided, however, that any diesel .engine which supplies motive
power to a truck or locomotive shall be allowed to idle for more than
five (5) consecutive minutes when it is at a distance in excess of five
hundred (500) feet from the nearest residential, recreational, institutional,
retail sales, hotel or educational premises.
(50.1.1) Rule 10—Process Emission Regulations
Except as provided by, and to the extent permitted under Rule 5 and
Rule 7 of Section 9 of this regulation, all installations or operations
from which any air contaminant is, or may be, emitted or permitted to
escape into the open air shall comply with the provisions of this rule.
Rule 10.1. On or before the 1st day of January, 1971, the owner,
operator of, or,other person responsible for an existing installation or
operation shall file with the Director, for each source of emission, complete
plans and schedule for compliance with the provisions of this regulation.
Rule >10.2. Nc person shall cause, suffer, allow or permit emission
from any new air contaminant source in excess of that provided in Schedule
1 of Table 2 of Rule 10.
Rule 10.3. No person shall cause, suffer, allow or permit emission
from any existing air contaminant source in excess of that provided in
Schedule 2 of Table 2 of Rule 10 on or after the 14th day of October, 1972.
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Rule 10.4. 'On and after the 1st day of July, 1974, the provisions of
Rule 10.3 shall no longer be applicable and all air contaminant sources
shall be construed as new sources for the purpose of Rule 10 of this
regulation and shall be required to meet those standards set forth in
Rule 10.2 stated above.
Rule 10.5. Notwithstanding the provisions of Rule 10.2. and Rule
10.4., no person shell cause, suffer, allow or permit emission from arty
air contaminant source built or installed on and after the 1st day of
January, 1973, in excess of that provided in Schedule 3 of Table 2 of
Rule 10.
Rule 10.6. Tests to determine compliance with this Rule 10 shall be
conducted as provided in Sections 10 and 14 of this regulation; provided,
however, that compliance with this Rule 10 does not exempt such persons
from the compliance with any other rule or section of this regulation
applicable to emissions..
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TABLE 2
Particulate Emission Standards For Process Equipment
1
2,
2,
3,
3,
Input Process
Weight (Lb/Hr)
100
200
400
600
800
000
500
000
500
000
500 '
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
16,000
18,000
20,000
30,000 •
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
Output Emission Installation Type (Lb/Hr)
Schedule 1 Schedule 2 Schedule 3
0.551
0.887
1,
1,
2.
2,
3,
4,
40
83
22
58
38
10
4.76
38
96
52
58
8.56
9.49
.4
.2
10.
11
12.0
13.6
16.
17.
19.
25.
30.
35.4
40.0
41
42.
.5
.9
,2
.2
.5
.3
.5
43.6
.6
,3
44.
46.
47.8
49.0
51.2
69.0
0.551
0.887
.40
.83
.48
.91
.98
.00
.00
.92
.85
8.80
10.2
12.0
13.4
14.8
16.1
17.9
1
1
2,
2.
3.
5.
6.
6.
7,
20.
25.
28.0
30.6
42.0
47.0
48.0
49.0
49.6
50.0
50.3
51.0
52.0
53.0
54.6
55.5
69.0
0.55
0.86
1.
1.
2.
2,
3,
3,
4,
32
70
03
34
00
59
12
4.62
5.
5!
08
52
6.34
09
81
8.50
9.
9.
,10
.70
10.90
13.0
14.0
15.0
19.2
23.0
26.4
29.
30.
31
31
,6
.6
.2
.8
32.4
33
34
34
36.1
46.7
Determine intermediate values by linear interpolation.
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(51.21) Rule 11 -r— Regulation of Transporting and Material Handling in Open
Air
Rule 11.1. No person shall cause or permit the handling, processing,
transporting or storage of any material in the open air in a manner which
allows or may allow particulate matter to become airborne which exceeds
Ringelmann 1 or its equivalent opacity.
Rule 11.2. No person shall cause or permit a buidling or its appurten-
ances, a road, a driveway, a parking area, or an open area to be con-
structed, used, repaired or demolished without applying all such reason*-
able measures as may be required to prevent particulate matter from
becoming airborne. The Director may require such reasonable measures
as may be necessary to prevent particulate matter from becoming airborne
including but not limited to paving or cleaning of roads, driveways, and
parking areas; by the application of dust-free surfaces; by the application
of water; and by the planting and maintenance of vegetative ground cover.
(50.6) Rule 12 — Regulation of Odors in the Ambient Air
Rule 12.1. An odor will be deemed "objectionable" when 15 percent
or more of the people exposed to it believe it to be objectionable in usual
places of occupancy based on a sample size of at least 20 people or if
fewer than 20 people are exposed, when a minimum of three people exposed
to it believe it to be objectionable.
Rule 12.2. No person shall cause, suffer, allow or permit emission
such as to cause an "objectionable" odor on or adjacent to residential,
recreational, institutional, retail sales, hotel or educational . .
premises.
Rule'12.3. No person shall cause, suffer, allow or permit the emission
as to cause an "objectionable" odor on or adjacent to premises other
than those listed in Rule 12.2 unless air containing such odorous matter
is diluted with four or more volumes of odor-free air.
(50.2) Rule 13 — Regulation of Sulfur Oxides
Rule'13.1. No person shall cause, suffer, allow or permit the
emission of gas containing sulfur dioxide from any new source in excess of
500 ppm (volume).
\
Rule 13.2. No person shall cause, suffer, allow or permit the emis-
sion of gas containing sulfur dioxide from any existing source in excess
of 2,000 ppm (volume).
Rule 13.3. On and after the 1st day of July, 1974, the provisions of
Rule 13.2 above shall no longer be applicable and all air contaminant
sources shall be construed as new sources for the purpose of Rule 13 of
this regulation and shall be required to meet those standards set forth in
Rule 13.1 above stated.
i
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Rule 13.4. Fuel burning equipment exhaust gas volume is to be
corrected to thirty (30) percent excess air for purposes of determining
sulfur dioxide concentrations.
Rule 13.5. All sampling of exhaust gases from any source of sulfur
dioxide and all analyses of samples to determine the amount of sulfur
dioxide in exhaust gases shall be conducted as specified by techniques
promulgated by the Board.
Rule'13.6. For the purposes of this Rule 13, .all sulfur present in
gaseous compounds and containing oxygen shall be deemed to be present
as sulfur dioxide.
Rule 13.7. Compliance with this Rule 13 shall not relieve a person
from requirements of Rule 12 or from the requirements of any other
rules or provisions of this regulation.
(50.7) Rule 14 — Nuisances
Rule 14.1. No person shall cause, suffer, allow or permit or fail to
take reasonable steps to abate or terminate the discharge from any source
whatsoever, of air contaminants or other material which shall cause injury,
detriment, nuisance, or annoyance of the public or which endanger the
comfort, repose, health or safety of the public or which cause or have a
tendency to cause injury or damage to business or property.
Rule 14.2. No person shall cause, suffer, allow or permit or fail to
take reasonable steps to abate or terminate the discharge from any source
whatsoever air contaminants or water or steam or a combination of such
which cause,, or combine with natural elements to cause, the reduction of
visibility across any road or thoroughfare to such an extend as to
cause a hazard.
Rule 14.3. Nothing in any other section of this regulation relating
to regulation of emission or pollutants shall in any manner be construed
as authorizing or legalizing the creation or maintenance of a nuisance as
described in this Rule 14 of this regulation or as may otherwise be
deemed by law to be a nuisance.
SECTION 10
(3.0) . Installation Permit, Temporary Operating Permit, and
, Certificate of Operation
Section 10-A. Installation Permit
1. No person shall construct, install, reconstruct or alter any fuel
burning, refuse burning, process or control equipment until an application,
together with plans and specifications applicable to the work on the equip-
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merit and structures or buildings used in connection therewith, has been
filed by the person or his agent in the. office of, and has been approved
by, the Director and an Installation Permit issued by him for such con-
struction, installation or alteration.
2. The plans and specifications, submitted pursuant to Paragraph A-l
of this section; shall show the form and dimensions of the process, fuel
burning, refuse burning, or control equipment, together with the descrip-
tion and dimensions of the building or part thereof in which such process,
fuel burning, refuse burning, or control equipment is to be located; the
character of the fuel to be used; the maximum quantity of such fuel to be
burned per hour; the kind and amount of basic materials process; the
expected air contaminant emission rate; the operating requirements; con-
taminant concentration; gas volume, and gas temperature at the emission
point; the location and elevation of the emission point relative to near-
by structures, window openings, etc.; a flow diagram showing the equip-
ment under consideration and its relationship to other processes, if any,
and a general description of these processes; any other reasonable and
pertinent information that may be required by the Director. The plans and
specifications shall show that the room or premises in which fuel, refuse
burning or process equipment is to be located is provided with adequate
ventilation to provide sufficient air for the process and for the safety
of people.
3. Maintenance or repair or physical transfer of any installed equip-
ment within the premises of original installation which does not change the
capacity of such process or control equipment, and which does not involve
any change in the method of processing or increase the amount or alter
the characteristics of the emission of air pollutant therefrom may be
made without an Installation Permit. The physical transfer of any in-
stalled equipment to a location other than within the premises of original
installation shall cause said equipment to be reclassified as "new equip-
ment."
4. The requirement for filing plans and specifications involving the
installation, erection, construction, reconstruction, alteration, or repair
of, or addition to, any fuel or refuse burning equipment or process equip-
or the bui]ding of pilot plants or process, to be used or to become
part of a secret process is hereby suspended upon the filing with the Bu-
reau, in lieu of the filing of plans and specifications, of an affidavit
of a responsible person to the effect that such equipment or process is to
be so used. Such person shall be required to furnish bond in favor of the
County and in an amount to be set by the Board. Said bond to be con-
ditioned upon compliance with this regulation and to provide for forfeiture
upon proof of a violation of any provision of this regulation by the subject
secret process; provided that proof of a violation of any provision of this
regulation shall prima facie create a presumption of fact that said viola-
tion was a violation by the subject secret process. Provided, however, the
type and emission rate of each contaminant shall in no event be deemed
to be secret information subject to the protection of the provisions of
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this paragraph; and provided further that the person claiming the protec-
tion of this pa»agraph shall institute and conduct a self-monitoring sys-
tem and shall report the results thereof when and as required by the
Director. The suspension of the filing of such plans for the secret
process from complying with all other provisions of this regulation.
5. No construction, installation, reconstruction, or alteration shall
be made which is not in accordance with the plans, specifications, and other
pertinent information upon which the Installation Permit was issued with-
out the written approval of the Director.
6. Violation of the Installation Permit shall be sufficient for the
Director to stop all work, and he is hereby authorized to seal the installa-
tion. No further work shall be done until the Director is assured that the
condition in question will be corrected and that the work will proceed in
accordance with the Installation Permit.
7. If work is begun in violation of Installation Permit requirements,
the Director may grant such permit, conditional upon removal of all faulty
work. The Installation Permit fee shall be doubled in such cases. Provided
however, that this provisions shall not be construed as authorizing such
violation.
8. If the work authorized under the Installation Permit is not started
within one year of the date of the Installation Permit, the permit shall
become void and all fees shall be forfeited, unless an extension of time
is warranted and granted by the Director.
9. An emergency repair other than as specified in sub-section A-3 of
this Section may be made prior to the application of an Installation Permit
if serious consequences may result if the repair were deferred. When such
repair is made, the person concerned shall notify the Director on the first
business da,y after the emergency occurred and file an application for an
Installation Permit if directed to do so by the Director.
10. Upon review of the required plans and specifications, an applica-
tion shall be approved or rejected within a reasonable time after it is
filed in the office of the Director. Upon the approval of the application
and upon the payment of the prescribed fees, the Director shall issue an
Installation Permit. Issuance of an Installation Permit will not be con-
strued to indicate compliance with the requirements of the Building Code
of Hamilton County or any other regulations of Hamilton County.
10(a). 'The permits contemplated by this Section 10 shall be for the
control of pollution. This Section 10 shall apply to fuel burning equip-
ment, refuse burning equipment, process equipment which causes emission,
or any othe,r equipment that tends to pollute the air, and the pollution
control equipment, but -nothing contained herein shall require application
for, or issuance of, a permit for any overall manufacturing process
provided permits are applied for, and obtained, for the foregoing items of
equipment in the overall process.
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11. Any person, upon receiving a rejection of an application for an
Installation Permit, may modify his plans and specifications to meet the
requirements of this regulation and resubmit them to the Bureau. This
procedure must be followed until approval of the application is granted.
and
12. The Director may reject any application for an Installation Permit
require further tests or information if:
a. In his opinion, the proposed construction, installation or
alteration or the anticipated emission of air contaminants does not meet
the provisions of this regulation.
b. The proposed emission control equipment is of a type reasonably
anticipated by the Director, not to be adequate for its intended usage.
13. No building permit shall be i.ssued to any person by the Building
Inspector for the erection, construction, reconstruction, alteration, addi-
tion or major repair of any -structure when the plans or specifications for
such structure include any fuel or refuse burning equipment or process
equipment until such plans and specifications have been submitted to the
Director and an Installation Permit issued.
14. The Bureau shall have the right to enter the premises and inspect
the installation in progress at any reasonable time.
15. Fees (Installation Permit)
The following fee schedule shall apply to the issuance of all Installa-
tion Permits wit^ -the exception of those solely for control equipment, for
which no fee is required. Said fees shall be collected by the Bureau
and remitted to the Fiscal Agent of the Board
SCHEDULE 10-A—I. FUEL BURNING EQUIPMENT
Fees shall be assessed based upon the design fuel consumption per unit
as expressed in thousands of British Thermal Units (BTU) per hour, using
gross heating values of the fuel.
1000 BTU Per Hour Fee
Up to 150 $10.00
150 to 399 15.00
400 to 649 25.00
650 to 1499 35.00
1500 to 2499 45.00
2500 to 4999 55.00
5000 to 14999 65.00
15000 or greater 75.00 + $10.00
for each additional 1000
(NOTE: One boiler horsepower is equivalent to 33,472 BTU per hour)
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SCHEDULE 10-A—II. INCINERATORS
Fees shall be assessed based upon the manufacturer's rated input as
expressed in pounds per hour.
INPUT—Pounds Per Hour Fee
Up to 200 $10.00
200 to 599 20.00
600 to 999 30.00
1000 to 1999 40.00
2000 to 4999 50.00
5000 to 9999 60.00
10000 and greater 70.00 + $10.00 for each
additional 50 T/24 Hr.
SCHEDULE 10-A—III. PROCESS EQUIPEMENT
Fees .shall be assessed based upon the process weight per hour as
expressed in pounds per hour.
Input Process Weight- Fee
Pounds Per Hour
Up to 999 $ 20.00
1000 to 9,999 35.00
10,000 to 49,999 50.00
50,000 to 149,999 65.00
150,000 to 499,999 80.00
500,000 to 999,999 95.00
1,000,000 or greater 100.00
(NOTE: Examples of this type of equipment include: chemical, pro-
cessing equipment, crushing, grinding or milling equipment,
metal forming equipment.)
SCHEDULE 10-A—IV. ODOR PRODUCING EQUIPMENT
A fee of $15.00 per unit shall be assessed.
(NOTE: Examples of this type include: tar and asphalt kettles; road
material treating plans, varnish and paint heating kettles,
rendering kettles).
SCHEDULE 10-A—V. MISCELLANEOUS
Any article, machine, equipment or other contrivance which is not
included in the preceding schedules shall be assessed a fee of $15.00 per
unit.
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Section 10-B. Temporary Operating Permit
1. No person shall operate or cause to be operated any new or 'altered
fuel burning, refuse burning or process or control equipment or any equip-
ment pertaining thereto for which an Installation Permit was required
or was issued until a Temporary Operating Permit is issued by the Director.
The person responsible for the installation, construction or alteration
of any fuel-burning, refuse-burning or process or control equipment for
which Installation Permit is required, shall give notification to the
Director when the work is completed and ready for final inspection. The
Director is hereby authorized to seal the equipment in operation for
which Temporary Operating Permit was not obtained as required in this
regulation.
This notification to the Director shall include:
a. The equipment or control apparatus in consideration.
b. Any control equipment connected or attached to, or serving, or
served by the unit unless up to date information is on file with the Bureau.
c. Any reasonable additional information, evidence or documentation
to show that the completed work is in accord with the original plans as
stipulated in Section 10-A.
2. Failure to operate successfully under test within the limitations
and requirements of the regulation under a Temporary Operating Permit shall
constitute sufficient grounds for ordering changes in the installation
before a Certificate of Operation can be granted. Responsibility for proof,
and all expenses incurred in running the tests under the Temporary Operating
Permit shall be borne by the person owning, operating or in charge of
control ofisuch equipment, or their agents. The Director may, if in his
opinion the nature of the installation in consideration of the use to which
it is to be put so justified, waive the demonstration or test operation
under the Temporary Operating Permit, but such waiver shall in no manner
provide immunity from prosecution for violations of the requirements of
the regulation.
3. The Bureau shall have the right to enter the owner's premises to
inspect the installation and observe any test or operation of the equip-
ment for which a Temporary Operating Permit was issued.
4. A Temporary Operating Permit shall be valid for not in excess of
six (6) months after the date of issue. Extensions of time not in excess
of three (3) months may be granted by the Director. Upon the expiration
'of such Permit or of such extensions as may be granted, application for a
Certificate of Operation must be made as a hereinafter provided.
5. A fee of $15.00 will be assessed for the issuance of each Temporary
Operating Permit, and for each extension thereof should an extension be
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granted, which fee shall be collected by the Bureau and remitted to the
Fiscal Agent of the Board. No fee shall be required for permits upon
control equipment.
Section 10-C. Certificate of Operation
1. After the Temporary Operating Permit has been issued and it is
demonstrated to the satisfaction of the Director that the fuel-burning,
refuse-burning or process or control equipment can be operated in com-
pliance with this regulation, a Certificate of Operation shall be issued
by the Director. Said Certificate of Operation shall be kept on file and
made available to Bureau representatives upon request. The Certificate
of Operation shall properly identify the equipment to which it pertains
and shall specify the class of fuel, type of raw material used, if any,
for which the equipment and appurtenances have been designed or which
has been successfully used in the operating test. The owner or his
agent shall be responsible for notifying the Director that equipment for
which a Temporary Operating Permit has been issued has been tested and
is ready for permanent operation. With such notification the owner shall
submit to the .Director test and operation data as required by the Director
obtained during the temporary operating period for use ad evidence that
the equipment will operate in compliance with all provisions of the
regulation.
The Certificate of Operation shall be issued for a one (1) year period
and shall be renewable annually. Application for renewal of the Certificate
of Operation shall be made in writing upon forms furnished by the Bureau
and shall be made not less than sixty (60) days prior to expiration of
the Certificate for which renewal is sought. Disclosures of information,
tests and other prerequistes to the issue of an Installation Permit,
Temporary Operating Permit or Original Certificate of Operation may be
required by the Director prior to issue of a renewal Certificate of
Operation.
2. Sampling and Testing
a. Authorization. The Director is authorized to conduct or cause
to be conducted by the owner any test or tests of any new or installed
equipment, the operation of which, in his opinion, can be expected to result
in emissions in excess of the limitations in this regulation, or when, in
his judgement, there is evidence that any such equipment is exceeding any
emission limitation prescribed in said regulation.
The Director may, at his discretion, accept certification tests
submitted by the owner if, in his judgement, these tests are sufficient
to determine that the limitations of this regulation will not be exceeded.
The Director and/or a representative of the Director shall be permitted
to witness any testing.
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b. Test (Jpenings, Scaffolding and Facilities. When test(s) of
existing equipment are deemed necessary by the Director and the Director
elects to conduct^such test himself or have his representative conduct
such test, the owi'ier shall, at his expense, provide test openings, access
scaffolding and oisher pertinent facilities as requested by the Director.
Such facilities may be either permanent or temporary, at the discretion of
the owner for their provisions; and shall be suitable for determination
consistent with the emission limits established in this regulation; and
shall comply with $11 laws and regulations concerning safe construction
of, and safe practice in, connection with such facilities; provided, how-
ever, that if the owner elects to provide temporary facilities then in
the event future tests are desired by the Director the owner shall' at his
expense provide further facilities when requested by the Director.
i
i
c. Departmental Test. Nothing in these rules and regulations con-
cerning tests conducted'by and paid for by any person or his authorized
agent shall be deemed to abridge the rights of the Director or his rep-
resentative to conduct separate or additional tests if he so desires on
behalf of the Bureau of Atir Pollution Control and at the department's ex-
pense, except as in the section of this regulation covering test openings
scaffolding and facilities.
d. Cost of Test. -The owner is liable for the cost of initial tests
of any equipment arid/or tests resulting from any change in equipment,
methods or conditions or operation. Initial tests will include all testing
performed for the purpose of demonstrating compliance with the regulation.
for permit to install and/or operate. If the results of further tests
performed by the Bureau show the owner to.be a violator, the owner is
responsible for paying all attendant cost for conducting such test. If said
test(s) does not substantiate a violation of this regulation, then the Bu-
reau shall be responsible for paying all attendant costs for conducting
said test(s) except those costs occurring for test openings, scaffolding
and facilities. If the owner so elects to conduct his own test after any
change in equipment, method or condition of operation, the owner, so
electing shall pay for the test(s) irrespective of their outcome. The data
obtained during any such testing shall be made available to the Director
and the owner.
e. Methods and Procedures. Sampling and analytical determinations
to ascertain compliance with these rules shall be made in accordance with
methods and procedures acceptable to the Director of the Air Pollution
Control Bureau.
3. When a Certificate of Operation is refused, suspended or revoked,
the Director is authorized to seal the process or control equipment until
the owner shall have complied with the provisions of this regulation, and
no person shall operate any equipment which requires a Certificate of
Operation until such Certificate shall have been obtained. No person
shall cause, suffer, allow or permit the operation of any equipment which
requires a Certificate of Operation until such Certificate shall have been
obtained. No person shall cause, suffer, allow or permit the operation
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of any equipment which requires a Certificate of Operation if a previously
issued Certificate of Operation has been suspended or revoked.
4. The Director shall have authority to require owners, operators or
persons in responible charge of stationary sources to install, maintain
and use emission monitoring devices and to make periodic reports to the
Director on the nature and amounts of emissions from such stationary
sources. The Director shall have authority to make such data available
to the public as reported and as correlated with any applicable emission
standars or limitations.
5. Fees.
The following fee schedule shall apply to the issuance of Certificates
of Operation. Said fees shall be collected by the Bureau and remitted to
the Fiscal Agent of the Board. Fees shall be assessed on categories
identical to those in the Installation Permit Section of this regulation.
SCHEDULE 10-C-I. FUEL BURNING EQUIPMENT
1000'BTU Per Hour Fee
$25.00
35.00
45.00
55.00
65.00
75.00
85.00
100.00
Up to
150 to
400 to
650 to
1500 to.
2500 to
150
399
649
1499
2499
4999
5000 to 14,999
15,000 and greater
SCHEDULE 10-C-II. INCINERATORS
Input Pounds Per Hour
Up to
200 to
600 to
1,000 to
2,000 to
5,000 to
200
599
999
1,999
4,999
9,999
10,000 and greater
Fee
$35.00
40.00
45.00
50.00
55.00
60.00
65.00
$5.00
For each additional 100
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SCHEDULE 10-C-III. PROCESS EQUIPMENT
Input Process Weight- Fee
Pounds Per Hour
Up to 999 $45.00
1,000 to 9,999 60.00
10,'000 to 49,999 75.00
50,000 to 149,999 90.00
150,000 and greater 100.00
t
SCHEDULE.10-C-IV. ODOR PRODUCING EQUIPMENT
Each unit shall be assessed a fee of $65.00.
SCHEDULE 10-C-V. MISCELLANEOUS
Each unit shall be assessed a fee of $65.00.
FEES FOR RENEWAL OF OPERATING CERTIFICATE
SCHEDULE 10-C-VI. FUEL BURNING EQUIPMENT
1000 BTU Per Hour Fee
Up to 150 $10.00
150 to 399 15.00
400 to 649 20.00
650 tc 1,499 25.00
1,500 to 2,499 30.00
2,500 to 4,999 35.00
5,000 to 14,999 40.00
15,000 and greater 45.00
SCHEDULE 10-C-VII. INCINERATORS
Input—Pounds Per Hour Fee
Up to 200 $ 5.00
200 to 599 10.00
600 to 999 15.00
1,000 to 1,999 20.00
2,000 to 4,999 25.00
5,000 to 9,999 30.00
10,000 and greater 35.00
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SCHEDULE 10-C-VIII. PROCESS EQUIPMENT
Input Process Weight-
Pounds Per Hour Fee
Up to 999 $25.00
1,000 to 9,999 35.00
10,000 to 49,999 . 45.00
50,000 to 149,999 55.00
150,000 to 499,999 65.00
500,000' to 999,999 75.00
1,000,000 and greater 85.00
SCHEDULE 10-C-IX. ODOR PRODUCING EQUIPMENT
Each unit shall be assessed a fee of $15.00.
SCHEDULE 10-C-X. MISCELLANEOUS
Each unit shall be assessed a fee of $15.00.
Section 10-D. (Reserved).
Section 10-E. General Requirements
1. On and after the.14th day of October, 1972, no person shall operate
or cause to be operated any existing fuel-burning, refuse-burning, or pro- •
cess or control equipment or any equipment pertaining thereto which is
subject to the provisions of this regulation unless and until a Certificate
of Operation or an annual renewal thereof is issued to and validly out-
standing for said equipment. Said Certificate of Operation shall be kept
posted at or near the installation for which it was issued. Application
for a Certificate of Operation to be issued to existing equipment shall be
made not later than the 1st day of July, 1972, and there shall be filed
with and in support of said application all documents, information, reports,
and records and other prerequisties which are required by this section to
be filed with and in support of an application for Installation Permits,
Temporary Operating Permits and Certificates of Operation as herefn-
above set forth..
2. The issuance by the Director of any Installation Permit, Temporary
Operating Permit, Certificate of Operation, or renewal thereof, shall not
be held to exempt the person to whom the permit or certificate was issued
or the person who is in possession of the same, or any other person sub-
ject to this regulation from prosecution for any violation of any provisions
of this regulation, or from action under any other provisions of this
regulation.
3. No person shall cause, suffer, allow or permit the operation of any
equipment or installation subject to the provisions of this regulation in
violation of an authorized seal of said equipment or installation.
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4. The provisions of this Section 10 shall not apply to fuel burning
equipment used exclusively for heating the dwellings of less than three
families, nor to equipment for burning gas, or number 1 or number 2 fuel
oil, nor to internal combustion engines.
5. Duplicate permits may be issued by the Director if notification is
made by the person responsible within ten (10) days after the loss or
destruction of the original certificate. A fee of $3.00 shall be charged
for issuing a duplicate permit.
6. The schedules of fees for permits for Fuel Burning Equipment, In-
cinerators and Crematories, and Process Equipment are to be based upon
rated design input of said equipment or the maximum operational input,
whichever is larger.
7. In no event shall any fee for Installation Permit, Temporary
Operating Permit or Certificate of Operation exceed the amount of .One
Hundred ($100.00) Dollars.
8. Any equipment which can be classified as a minor pollution source
shall be exempted from the requirements of Sections 10-A and 10-B, but
must have a Certificate of Operation. No person shall operate any such
equipment until an application for a Certificate of Operation, together
with plans and specifications of the equipment, has been filed by such
person and a Certificate of Operation has been issued by the Director.
An annual fee of $5.00 shall be assessed for the issuance of a Certificate
of Operation, upon such equipment.
9. Unless otherwise specified in thts regulation all measurements or
calculations of stack emission concentrations shall be corrected to the
minimum amounts of air and water vapor which are necessary for the
process operation. Such measurements or calculations shall be corrected
to a standard temperature of seventy (70) degrees Fahrenheit and a stand-
ard pressure of seven hundred sixty (760) millimeters of mercury. All
water vapor shall be treated as a perfect gas.
SECTION 11
(13.0) Charges for Technical Reports
Informati.cn, circulars, reports of technical work, and other reports
prepared by the Air Polltuion Control Bureau when supplied to other
governmental agencies or individuals or groups requesting copies of the
same may be charged for by the Bureau in a sum not to exceed the costs of
preparation and distribution of such documents.
SECTION 12
(13.0) Records'
Section 12-A. The Director shall keep in the office of the Bureau all
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applications, required under the regulation, and a complete record thereof,
including a record of all permits and certificates issued. The Director
shall keep a record on all official business of the Bureau and complaints
and generally of the work done by the Bureau. All such records shall be
open for inspection by the public at all reasonable times; provided, how-
ever, that such records or other information of a confidential nature
voluntarily furnished pursuant to Section 8 shall receive the protection
provided.by Section 8.
Section 12-B. The Director may at any time require the person re-
sponsible for a source of emission subject to the provisions of this
regulation 1:o record, maintain and keep records relative to the operation
of the source and the emissions from the source, and may further request
from such person such information, analyses, or specifications as will
disclose the nature, extent, quantity and debris of air contaminants as
may be emitted by such source.
SECTION 13
(15.0) Entry and Search Warrants
In the performance of their duties, the Director and other employees
of the Bureau are hereby authorized to enter upon and into premises or
buildings with permission of the owner or occupant thereof to make in-
spection of the premises or building, to collect and preserve evidence
of all facts of violation of these regulations, or to perform any duty
imposed upon them by this regulation.
Alternatively, the Director or other employees of the Bureau or any
other law enforcement officer may obtain a search warrant from the State
Co,urt of Hamilton County, Tennessee, as other search warrants are issued
upon a showing of probable cause to believe that the provisions of this
regulation or the rules and regulations thereof have been or are being
violated, and may thereafter enter upon or into the premises or buildings
' and obtain, 'collect and preserve evidence or perform any duty imposed upon
them by this regulation.
SECTION 14
(2.0) General Provisions
Section 14-A. Any owner, operator or other person responsible for
any permanently discontinued or dismantled equipment coming under the
jurisdication of this regulation shall report to the Bureau within thirty
(30) days th'e permanent discontinuance or dismantlement of such equipment,
and to surrender any outstanding permit or the certificate of operation
thereon.
Section 14-B. Upset conditions, breakdowns, or scheduled mainten-
ance. Emissions exceeding any of the limits established in this regulation
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as a direct result of upset conditions in or breakdown or any air pollu-
tion control equipment or related operating equipment, as a direct result
of the shutdown of such equipment for scheduled maintenance, shall not
be deemed to be, in. violation of the rules establishing such limits,
provided all the requirements of this Section 14 are met.
Section 14-C. For scheduled maintenance, a report shall be submitted
at least 24 hours prior to shutdown, and for upset conditions or break-
down, a report shall in any case be made to the Bureau not later than the
first business day after the occurrance.
Section 14-D. The owner, operator or other person responsible for
emission caused by upset conditions or breakdowns shall, with all
practicable speed, initiate and complete appropriate reasonable action to
correct the conditions causing such emissions to exceed such limits; to
reduce the frequency of occurrence of such conditions; to minimize the
amount by which said limits are exceeded; and to minimize the length of
time for which said limits are exceeded; and shall, upon request of the
Director, submit to him a full report of such scheduling and nature of the
actions to be taken pursuant to this section.
Section 14-E. Separation of Emissions. If air contaminants from a
single source are emitted through two or more emission points, the total
emitted quantity of any contaminant, limited in this regulation, cannot
exceed the quantity which would be the allowable emission through a
single emission point, and the total emitted quantity of any such air
contaminant shall be taken as the product of the highest concentration
measured in any of the emission points and the exhaust gas volume through
all emission points, unless the person responsible for the source proves
the correct total emitted quantity to be within the limits established
by this regulation.
Section 14-F. Combination of contaminants prior to emission. If air
contaminants from two or more sources are combined prior to emission and
there are adequate and reliable means reasonably susceptible to con-
firmation and use by the Director for establishing a separation of the
components of the combined emission to indicate the nature, extent,
quantity and degree of emission arising from each such source, this
regulation shall apply to each source separately.
Section 14-G. Inseparable combination of contaminants prior to
emission. If air contaminants from two or more sources are combined prior
to emission and combined emissions cannot be separated according to the
requirements of Section 14-F, this regulation shall be applied to the
combined emission as if it originated in a single source subject to the
most stringent limitations and requirements placed by this regulation
on any of the sources whose air contaminants are so combined.
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SECTION 15
(3.0) Registration of Equipment
The owner, operator or user of all existing equipment shall register
same with the Director of the Bureau of Air Pollution Control within
ninety (90) .days after the effective date of this regulation.
SECTION 16
(1.0) DEFINITIONS
In the interpretation and enforcement of this regulation, the following
definitions shall apply:
1. Air contaminant—Any smoke, soot, fly ash, dust, cinders, dirt,
noxious or obnoxious acids, fumes, oxides, gases, vapors, odors,
toxic or radioactive substance, waste, particulate, solid,
liquid or gaseous matter, or any other materials in the outdoor
atmosphere but excluding uncombined water.
2. Air flow permeability—The volumetric rate of air flow in cfm
produced by a pressure decrease of 0.5 in. w.g. across a new clean
filtering fabric, divided by the area of the fabric in ft. . The
test air stream is maintained at nominal atmospheric pressure
and temperature.
3. Air pollution—The presence in the outdoor atmosphere of one or
more air contaminants or combinations thereof in such quantities
and of such duration that they are or may tend to be injurious to
human, plant, or animal life or that interfere with the comfort-
able enjoyment of life or property or the conduct of business.
4. Asbestos—Any of six (6) naturally occurring hydrated mineral
silicates: Actinolite, amosite, anthophyllite, chrysotile,
crocidolite and tremolite.
5: Board—The Chattagoona-Hamilton County Air Pollution Control
Board as recognized and/or created by this regulation.
6. Bureau—The Bureau of Air Pollution Control as recognized and/or
established by this regulation.
7. Control equipment—Any item of equipment used to eliminate or
reduce the emission of an air contaminant.
8. Controlled burning—Open burning conducted in such manner or with
the aid of such special equipment that emissions are reduced.
9. Director—The Director of the Bureau.
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10. Dry basis—The method of reporting coal analysis with moisture
eliminated and remaining constituents recalculated to total 100
percent.
11. Dwelling unit—Any room or group of rooms located within a dwell-
ing 'and forming a single habitable unit with facilities which are
used or intended to be used for living, cooking, sleeping and
eating.
i
12. Emission—A release into the outdoor atmosphere of air contaminants.
13. Emission point—That place where emission occurs.
14. Excess air—Air entering a combustion chamber in excess of the
amount theoretically required to complete combustion of materials
in the combustion chamber.
15. Existing—Things, such as equipment, machines, devices, articles,
contrivances or installations which were in being before the 14th
day of October 1969. If any such existing equipment, machine,
device, article, contrivance or installation is altered, repaired
or rebuilt so that potential air pollutant emission is increased,
it shall be reclassified as "new", as defined in this regulation.
16. Fly ash—Particulate matter capable of being gas or air borne,
consisting essentially of fused ash and/or burned or unburned
materials resulting from combustion of fuel or refuse.
17. Fossil fuel—Coal, coke and liquid petroleum fuels other than
gasoline, diesel fuels and kerosene.
18. Fuel burning equipment—Any equipment, device or contrivance used
for the burning of any fuel (except refuse) and all appurtenances
thereto, including ducts, breechings, fly ash collecting equipment,
fuel feeding equipment, ash removal equipment, combustion controls,
stacks,.chimneys, etc., used for indirect heating in which the
material being heated is not contacted by, and adds no substance
to, the products of combustion. Such equipment includes, but is
not limited to, that used for heating water to boiling; raising
steam or superheating steam; heating air as in warm air furnaces:
furnishing process heat that is conducted through process vessel
walls; and furnishing process heat indirectly through its
transfer by fluids.
19. Fugitive dust—Particulate matter emitted from any source other
than a flue or stack.
20. Hand fired fuel burning equipment—Fuel burning equipment in which
fresh fuel is manually introducted directly into the combustion
chamber:
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21. Incineratoi—Refuse burning equipment as is hereinafter defined.
22. Internal combustion engine—Any engine of 10 horsepower as rated
by S.A.E. methods or larger in which the combustion of gaseous,
liquid or pulverized solid fuel takes place.
23. Mechanical fuel burning equipment—Fuel burning equipment incor-
porating means by which fuel is mechanically introduced into the
combustion chamber.
24. Minor pollution source—Any fuel burning, refuse burning or
process equipment which, without control equipment, would emit
less than 1,000 pounds per year and less than ten (10) pounds per
day of air contaminants, and which can otherwise be operated in1
compliance with this regulation; provided that this definition
shall not be applicable to sources of asbestos or beryllium
emissions.
25. Multiple chamber incinerator—Any article, machine, equipment,
contrivance, structure or part of a structure used to dispose of
combustible refuse by burning, consisting of three or more refrac-
tory lined combustion furnaces in series, physically separated
by refractory walls, interconnected by gas passage ports or ducts
and employing adequate design parameters necessary for maximum
combustion of the material to be burned.
26. New—Things, such as equipment, machines, devices, articles,
contrivances or installations built or installed on or after the
14th day of October, 1969, and things or installations existing
at said stated time which are later altered, repaired or rebuilt
so that potential air pollutant emission is increased.
27. Opacity—That property of a substance tending to obscure vision
and is measured in terms of per cent obscuration. As used in this
regulation, it does not include obscuration of vision due to
uncombined water droplets. The percentage opacity of a plume is
numerically equal to twenty (20) times the Ringelmann number for
a plume of black smoke having equivalent capacity of obscuration.
28. Open burning—Unconfined burning of combustible material where
no equipment has been provided and used for control of air.
29. Particulate matter—Material other than uncombined water, which
is suspended in air or other gases, in a finely divided form,
as a liquid or solid.
30. Pathological waste—All, or parts of, organs, bones, muscles,
other tissues and organic wastes of human or animal origin,
laboratory cultures, and infective dressings and other similar
material.
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31. Person—Any individual, partnership, co-partnership, firm, com-
pany, corporation, association, joint stock company, trust, estate,
governmental entity or any other legal entity, or their legal
representatives, agents or assigns. The masculine gender shall
include the feminine, the singular shall include the plural
where indicated by the context.
32. Ppm—Parts per million by volume at a temperature of seventy (70)
degrees Fahrenheit and at a pressure of seven hundred sixty (760)
millimeters of mercury.
33. Process air—Air used principally as a function of the process.
34. Process emission—Any emission of an air contaminant to the ambient
air other than that from fuel burning equipment, incinerator or
open burning.
35. Process equipment—Any equipment, device or contrivance for chang-
ing any materials whatever or for storage or handling of any
materials, the use or existence of which may cause any discharge
of air contaminants into the open air but not including that
equipment specifically defined as "Fuel Burning Equipment" or
"Refuse Burning Equipment," in this regulation.
36. Process weight—The total weight of all materials introduced into
any specific process which process may cause any discharge of air
contaminant. Solid fuels charged will be considered as part of
process weight, but liquid and gaseous fuels and combustion and
process air will not. For a cyclical or batch operation, the
process weight per hour will be derived by dividing the total
process weight by the number of hours in one complete operation
from the beginning of any given process to the completion thereof,
excluding any time during which the equipment is idle. For a
continuous operation, the process weight per hour will be derived
by dividing the process weight for a 24-hour period by 24.
37. Refuse burning equipment—Any equipment, device or contrivance
used for the destruction of garbage and/or other conbustible
wastes by burning, and all appurtenances thereto.
38. Ringelmann Smoke Chart—The Chart published in the U.S. Bureau
of Mines Information Circular 7718, for use in measuring the
shades, density or opacity of air contaminants arising from
stacks and other sources.
39. Salvage operation—Any operation conducted in whole or in part for
the salvage or reclaiming of any product or material.
40. Smoke—Small gas or airborne particles resulting from combustion
operations and consisting of carbon.\and ash and other matter and
present in sufficient quantity to be observable.
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41. Source—Any equipment, process or operation which causes or con-
tributes to cause emission at an emission point or any combination
if items of equipment, processes or operations which when combined
cause, emission at an emission point.
42. Standard conditions—14.7 psia and a temperature of 70° F.
43. Surface-burning type of fuel burning equipment—Fuel burning
equipment in which fresh fuel is fired on top of the hot fuel bed.
44. Suspended particulates—Participate matter which will remain
suspended in air for an appreciable period of time.
45. Volatile matter—Those constituents of coal given off as gas or
vapor, as determined by methods described by the American Society
for Testing Materials. (D271-33).
46. Washing—The process of purifying, cleaning or removing impurities
from coal by mechanical processes, regardless of the cleaning
medium used.
SECTION 17
(2.0) Invalidation of Dual Standards
If a Court of competent jurisdiction should ever rule that .having two
(2) sets of standards for process equipment is invalid, then, in which
event, the standards of emissions for new process equipment shall be the
standard for all equipment.
SECTION 18
(2.0) Right to File Abatement Suits
Nothing in this regulation shall be construed to impair the right of
the County Counr.il or the County Attorney to file appropriate suits to
abate a nuisance involving air pollution or to prosecute anyone for creating
a nuisance or allowing a nuisance to continue or permitting a nuisance to
exist. The Board, with the approval of the County Attorney, may in the
name of the County institute action to abate a nuisance.
SECTION 19
(15.0) Penalties
a. Any person who violates any provision of this regulation, or any
rule in force pursuant thereto, shall be fined as in misdemeanors. Each
separate violation shall constitute a separate offense, and upon a continu-
ing violation each hour of violation shall constitute a separate offense.
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b. The liabilities which shall be imposed pursuant to any provisions
of this regulation upon violation of the provisions of this regulation or
any standard, or rule, hereunder, shall not be imposed due to any
•violation caused by an act of God, war, strike, riot, or other catastrophe.
c. Action pursuant to subsection a or b of this section shall not be
•a bar to enforcement of this regulation, or rules in force pursuant thereto
and orders made pursuant to this regulation, by injunction or other
appropriate, remedy, and the Board shall have power to institute and
maintain in the name of this County any and all such enforcement
proceedings.
i
SECTION 20
(2.0) . Limitation
This regulation shall not:
a. Abridge, limit, impair, create, enlarge, or otherwise affect sub-
stantively or procedurally the right of any person to damages or other
relief on account of injury to persons or property and to maintain any
action or other appropriate proceeding therefor.
b. Grant to the Board any jurisdiction or authority with respect to
air contamination existing solely within commerical and industrial plants,
works, or shops,
c. Affect the relations between employers and employees with respect
to or arising out of any condition of air contaminantion or air pollution.
d. Supersede or limit the applicability of any law or regulation
relating to sanitation, industrial health, or safety.
SECTION 21
(2.0) Severability
If any section, subsection, sentence, or clause of this regulation
should become adjudged invalid, such adjudication shall not affect the
validity of the regulations as a whole or of any section, subsection,
sentence, or clause hereof not adjudged invalid.
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KNOX COUNTY AIR POLLUTION CONTROL REGULATIONS
(2.0) 12.0 Introduction
These regulations are intended to implement provisions of Private
Chapter No. 37, which is the Private Act; passed on March 20, 1969, by the
Tennessee General Assembly for Knox County, to formulate and enforce air
pollution control and to adopt rules and regulations prescribing standards
and procedures for carrying out such program and declaring any violation
of such rules and regulations to be a misdemeanor.
These regulations are intended to implement provisions of the Air
Pollution Control Act, Private Chapter No. 37 and the Tennessee Air Pollu-
tion Control Regulations that were adopted by the Tennessee Air Pollution
Control Board en January 25, 1972, and became effective on April 3, 1972.
These regulations are based upon the premise that the basic and
foremost function of the air is to sustain life and that air in its purest
state is best suited for this need. It is intended that these regulations
assist in maintaining an equitable balance between benefits of clean air
and the economic cost of achieving clean air. More specifically, it is
intended that these regulations define ambient air quality standards to be
achieved and maintained and to provide for an orderly and equitable
management of air quality by limiting emissions of air contaminants.
The ambient air is the air surrounding us. Ambient air quality
standards determine the level of air quality in which we will live, and
should be used as tools in achieving cleaner air not as a permit to
degrade air quality. Polluted air can be a menace to all forms of life,
and therefore, the disposal of wastes into the atmosphere must be
controlled.
Ambient air quality standards are further intended to promote the
most effective use of property. When the problems involved are esthetic
in nature, an equitable economic balance must be achieved. When a health
hazard is involved, there can be no compromise.
The requirements for limiting air borne contaminants must relate '
effects on men, animals, vegetation, and property to pollutant concentration
at the point of contact. This, in turn, must be correlated with the source
or sources. When multiple sources of a pollutant exist in an area, a
limitation of the emission from each source must be exercised and the
individual contribution to the total pollutant load in the area must be
reduced to insure compliance with the ambient air quality standards.
This is accomplished by the application of emission standards.
It is the purpose and intent of these regulations to establish con-
tols on air contaminant emissions to the outdoor atmosphere so as to •
provide desirable levels of air quality in the ambient air.
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An emission standard is a limit on the amount of air contaminant
emitted from a source, and is intended to bring the ambient air quality
levels within acceptable limits.
These regulations may be revised from time to time, as additional
information on air contaminants and sources of air pollution are
developed and evaluated, with the advice and consent of a majority of
the Board after"a Public Hearing.
(1.0) 13.0 Definitions
The following terms shall, unless the context indicates otherwise,
have the following meanings:
IS.'l Air Contaminant shall mean particulate matter, dust, fumes,
gas, mist, smoke, vapor, or odor or any combination thereof.
13.2 Air Contaminant Source shall mean any and all sources of emis-
sion of air contaminants into the outdoor atmosphere, whether
privately or publicly owned or operated, including stationary
and mobile sources. Without limiting the generality of the
foregoing, this terms includes all types of business, commer-
cial, and industrial plants, works, shops, and stores, and
heating and power plants, stations, buildings, and other
structures of all types, including residences, apartment
houses, office buildings, hotels,restaurants, schools, hospitals,
churches, and other institutional buildings, automobiles,
trucks, tractors, buses, and other motor vehicles, garages,
vending and service locations, and stations, railroad loco-
motives, ships, boats, and other waterborne craft, portable
fuel burning equipment, incinerators of all types, indoor and
outdoor, and refuse dumps, and salvage operations.
13.3 Air Pollution shall mean the presence in the outdoor atmos-
phere of one or more air contaminants in sufficient quantities
and of such characteristics and duration as to be injurious,
or tend to be injurious to human health and welfare, plant or
animal life, or to property, or which unreasonably interferes
with the enjoyment of life and property or the conduct of
business.
13.4 ASTM shall mean the American Society for Testing Material.
13.5 Board shall mean the Air Pollution Control Board of Knox
County unless the context clearly indicates otherwise.
13.6 Continuous^Monitoring shall mean the sampling and analysis of
air contaminants in a continuous or timed sequence, using
techniques which will adequately reflect actual emission
levels or concentrations of a continuous basis.
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13.7 Department shall mean the Department of Air Pollution Control
of Knox County.
13.8 Director shall mean the Director of the Department of Air
Pollution Control of Knox County.
13.9 Dust shall mean the solid particulate.matter released into or
carried in the air by natural forces, by any fuel-burning,
combustion, process equipment or device, construction work,
mechanical, or industrial processes.
13.10 Emissions shall mean the release of air contaminants into the
outdoor atmosphere.
13.11 Equivalent Method shall mean any method of monitoring,
sampling, and analyzing for an air contaminant which can be
demonstrated to the Director's satisfaction to have a consis-
tent relationship to the reference method.
13.12 Existing Source
A. Any source which was in being during any portion of the
time period from October 1, 1969, up to and including
July 1, 1972.
B. Any source constructed and operated under the regulations
which became effective October 1, 1969, may be defined as
an existing source only until June 30, 1975.
13.13 Fuel --Burn ing Equipment shall mean any equipment, device, or
contrivance and all appurtences thereto, in which fuel is
burned for the primary purpose of producing thermal energy
and in which the material being heated is not contacted by,
and adds no substance to, the products of combustion.
13.14 Fugitive Dust shall mean any visible emission, other than water
droplets, issuing from any source other than through a stack.
13.15 Hand-Fired, Fuel-Burning Equipment shali mean fuel burning
equipment in which fossil fuel is manually introduced into
the combustion chamber or onto the fire.
13.16 Hazardous Air Contaminant shall mean any air contaminant which
any cause or contribute to an increase in mortality or an
increase in serious irreversible, or incapacitating, rever-
sible illness and has been so designated by the Director.
13.17 Incinerator shall mean any equipment, device, or contrivance,
pr combustion device specifically designed for destruction by
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burning of solid, semi-solid, liquid, or gaseous combustible
waste and from which the solid residues contain little or no
combustible material.
13.18 Mechanical Fuel-Burning Equipment shall mean fuel-burning.
equipment incorporating means by which fuel is mechanically
introduced into the combustion chamber.
13.19 Multiple Chamber Incinerator shall mean an incinerator consist-
ing of three or more refractory lined combustion furnaces in
a series physically separated by refractory walls interconnected
by gas passage ports or ducts and employing adequate design
parameters necessary for maximum combustion of the material
to be burned.
13.20 New Source shall mean any source which results from equipment
that is constructed after the effective date of these
regulations.
13.21 Non-Process Emissions shall mean all emissions that are not
defined in Section 13.27.
13.22 Opacity is the property of a substance causing to obscure vision
and is measured in terms of percent obscuration. As used in
these regulations it does not include obscuration of vision
due to uncombined water droplets. The percentage opacity of
a plume is numerically equal to twenty (20) times the Ringel-
mann number for a plume of black smoke having equivalent
capacity of obsuration.
13.23 Odor shall mean that property'of material that affects the
sense of smell.
13.24 Open Burning shall mean the unconfined burning of combustible .
material where no equipment has been provided or used for the
control of air for combustion.
13.25 Particiilate Matter shall mean any material except uncombined
water that exists in a finely divided form as a liquid or a
solid at standard conditions.
\
13.26 Person shall mean any individual, owner, operator, firm, part-
nership, co-partnership, company, corporation, association,
joint stack company, trust, State, political subdivision, or
any other legal entity or their legal representative, agent,
or assigns.
13.27 Process Emissions shall mean any emission of air contaminants
to the outdoor atmosphere other than that from fuel-burning
equipment, an incinerator, or open burning.
-112-
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13.28 Process Emission Source shall mean one or more units of
processing equipment which may be operated independently of
other parts of the operations at any given manufacturing
or processing facility; also, where it is common practice to
group more than one unit of like or similar processing equip-
ment together and to apply a single or combined unit of
air pollution control equipment to the emissions of the
enire group, such group of units shall be construed as a
process emission source.
13.29 Process Weight shall mean the total weight of all materials
introduced into any process emission source that may cause
any emission of air contaminants into the outdoor atmosphere.
Solid fuels charged are considered as part of the process
weight, but liquid and gaseous fuels and combustion air
are not.
13.30 Process Weight Rate shall mean a rate established as follows:
A. For continuous or long-run, steady-state, operations; it
is the total process weight for the entire period of
continuous operation or for a typical portion thereof,
divided by the number of hours of such period or portion
thereof.
B. For cyclical or batch source operations, it is the total
process weight for a period which covers a complete or
integral number of cycles, divided by the hours of
actual process operation during such period.
C. Where the nature of any process or operation or the design
of any equipment is such as to permit more than one
interpretation of this definition, that interpretation
which results in the minimum value for allowable emissions
shall apply.
13.31 Reference Method shall mean a method of monitoring, sampling,
and analyzing for air contaminants as described in these
regulations.
13.32 Refuse shall mean the inclusive term for solid waste products
which are composed wholly or partly of such materials as
garbage, sweepings, cleanings, trash, rubbish, litter,
industrial, solid, or domestic solid waste; trees or shrub
trimmings, grass clippings; brick, plaster, or other waste
resulting from the demolition, alteration, or construction
of buildings, or structures, accumulated waste material, cans,
containers, tires, junk, or other such substances.
-113-
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13.33 Rlngelmann Chart shall mean the chart published and described
in the U. S. Bureau of Mines Information Circular No. 8333.
13,34 Salvage Operation shall mean any business, trade, or industry
engaged in whole or in part in reclaiming one or more items of
value.
13.35 Smoke shall mean small gasborne particles resulting from
incomplete combustion, consisting predominantly, but not
exclusively, of carbon and other combustible material.
It does not include vapor or water droplets.
13.36 Stack shall mean any chimney, flue, duct, conduit, exhaust,
vent, or opening of any kind whatsoever capable of or used for
the emission of air contaminants.
13.37 Suspended Particulates shall mean particulate matter which may
tend to remain suspended in air for an appreciable period of
time.
13.38 Source shall mean any property, real or personal, which emits
or may emit air contaminants into the outdoor atmosphere.
13.39 Standard Condition unless otherwise specified shall mean a dry
gas temperature of 70° F. and a gas pressure of 14.7 pounds per
square inch absolute.
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(4.0) 14.0 Ambient Air Quality Standards
Ambient Air Quality Standards as given in Table I are applicable
throughout Knox County. These ambient air quality standards shall
not be construed, applied, or interpreted to allow any deterioration
of the existing air quality in any portion of the county.
Primary Ambient Air Quality Standards define levels of air quality
believed adequate, with an appropriate margin of safety, to protect
the public health.
Secondary Ambient Air Quality Standards define levels of air quality
believed adequate, with an appropriate margin of safety, to protect
public welfare from any known or anticipated adverse effects of the
pollutant.
14.1 Multiple Air Contaminant Source
In an area where an additive effect occurs from the accumula-
tion of air contaminants from two or more sources such that the
level of air contaminants exceeds the ambient air quality
standards established by the Knox County Air Pollution Control
Board, and each source is emitting no more than the allowed
limit for an air contaminant for a single source, further
reduction of emissions from each source shall be made as dete^-
mir.ed by the Director with the advice and consent of the Board.
14.2 Single Air Contaminant Source
In an area where an additive effect occurs from the accumula-
tion of a single air contaminant source such that the level of
air contaminants exceeds the ambient air quality standards
established by the Knox County Air Pollution Control Board,
further reduction of emissions from such air contaminant
source shall be made as determined by the Director with the
advice and consent of the Board.
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TABLE I
Knox County Ambient Air Quality Standards for Suspended Particulates,
Sulfur Dioxide, Carbon Monoxide, Photochemical Oxidants, Non-Methane
Hydrocarbons, and Nitrogen Dioxide.
Contaminant
.
Suspended
Particulates
Sulfur
Dioxide
Carbon
Monoxide
Photo-
Chemical
Oxidants
Hydro-
Carbons
(non-methane)
Nitrogen
Dioxide •
Primary Standard . Secondary Standard
Concentration
ug/m ppm by
vol .
.75
.260
60 0.03
365 0.14
10,000 9.0
W.OOO- 35.0
160 0.08
160 0.24
100 0.05
Averaging
Interval
AGM
24 hr.
AAM
24 hr.
8 hr.
1 hr.
1 hr.
3 hr.
a.m.
AAM
Concentration
;jg/m ppm by
vol .
60
150
60 0.02
360 0.138
1,300 0.50
10,000 9.0
40,000 35.0
160 0.08
160 0.24
100 0.05
Averaging
Interval
AGM
24 hr.
AAM
24 hr.
3 hr.
8 hr.
. 1 hr.
1 hr.
3 hr.
a.m.
AAM
NOTES: 1. All values other than annual values are maximum concen-
trations not to be exceeded more than once per year.
2. PPM (parts per million) values are approximate only.
3. All concentrations relate to air at conditions of 25° C.
temperature and 760 millimeters of mercuary pressure.
4. )jg/nr - micrograms per cubic meter.
5. AGM - annual geometric mean.
6. AAM - annual arithmetic mean.
7. a.m. - from the period beginning 12 midnight ending at
12 noon.
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(2.0) 15.0 Prohibitions of Air Pollution
After the effective date of these Regulations, the General
Prohibitions shall apply.
15.1 General
No person owning, leasing, or controlling the operation of
any potential air contaminant source shall willfully, negli-
gently, or through failure to provide necessary equipment or
facilities or to take necessary precautions, permit the
emission from said potential air contaminant sources as will
tend to cause a condition of air pollution.
15.2 Circumvention
No person shall use any plan, activity, device, or contrivance
which the Director determines will, without resulting in actual
reduction of air contaminants, conceal or appear to minimize
the effects of an emission which would otherwise constitute
a violation of these Regulations. Air introducted for dilution
purposes only is considered a circumvention of the Regulations.
15.3 Nuisance Clause
No person shall discharge from any source whatsoever such
quantities of air contaminants or other materials which cause
or have a tendency to cause injury, detriment, annoyance, or
adverse effect to the public.
15.4 Traffic Hazard
No person shall discharge from any source whatsoever such
.quantities of air contaminants, uncombined water, or other
materials which cause or have a tendency to cause a traffic
hazard or an interference with normal means of public trans-
portation.
15.5 Regulation of Hand-Fired, Fuel-Burning Equipment
After October 1, 1972, no person shall operate any hand-fired
solid fossil fuel-burning equipment of a capacity in excess of
that needed for heating a building consisting of two (2) or less
dwelling units. After July 1, 1975, no person shall operate
any hand-fired solid fossil fuel-burning equipment.
15.6 The burning of refuse in any type of fuel-burning equipment,
including, but not restricted to, indoor and outdoor fire
places; is prohibited except in equipment specifically designed
to burn refuse.
-117-
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15.7 The giving.of false information in any form to the Department
is prohibited. This includes, but is not limited to
emission data, complaints, and other information given
voluntarily or required by the Department.
-118-
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(51.13) 16.0 Open Burning
16.1 Open Burning Prohibited
After the effective date of these regulations, no person shall
cause, suffer, allow, or permit open burning except as
specifically permitted in this Section.
16,2 Exceptions to Open Burning - Without Permit
Permits are not required for the following:
1. Open fires used in the preparation of food for human con-
sumption.
2. Open fires used for ceremonial purposes.
3. Outdoor barbeques.
16.3 Exceptions to Open Burning - With Permit
Open burning may be allowed when a valid permit has been
obtained from the Department for the following purposes
prior to the initiation of the open burning provided no land,
air, or water traffic hazzard is created.
1. Open burning may be conducted on farm land to clear of
material grown on that land where the land is used for
agricultural purposes and will continue to be used for
agricultural purposes.
2. Open fires may be set for the training and instruction of
public or private fire-fighting personnel.
16.4 Open Burning Conditions - With Permit
A. All open burning shall be between the hours of 9:00 a.m.
( , and 3:00 p.m. or as authorized by the Department.
1. All vestiges of open burning shall be non-existent in
the air no later than 4:00 p.m.
2. Under adverse meteorological or whether conditions as
determined by the Director, all permits shall be invalid
and no open burning shall be allowed.
3. The possession of an open burning permit granted by the
Department does not relieve any person having such a
* permit of the responsibility of obtaining any other
permit from any other agency.
4. Permits are only valid for one (1) day and the effective
date for open burning shall appear on the permit form.
-119-
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(50.1.2) 17.0 Regulation of Vis.ible Emissions
17.1 Risible Emissions Prohibited - Stationary Sources
After the effective date of these regulations, no person shall
cause, suffer, allow, or permit discharge from any single
source visible emissions of a density darker than No. 1 on
the Ringelmann Chart or of an opacity in excess of 20 percent.
17.2 Visible Emissions Prohibited - Mobile Sources
A. After the effective date of these regulations, no person
shall cause, suffer, allow, or permit any visible emissions
from gasoline-powered motor vehicles except for a period
not exceeding five (5) consecutive seconds.
B. After the effective date of these regulations, no person
shall cause, suffer, allow, or permit any visible emissions
of a shade or density darker than No. 1 on the Ringelmann
Chart or 20 percent opacity except for periods not exceed-
ing five (5) consecutive seconds for diesel-powered motor
vehicles.
17.3 Exceptions
A. Visible emissions consisting of uncombined water droplets,
unless in the opinion of the Director, the water droplets
cause air pollution.
B. Section 17.1 shall, not apply until July 1, 1975, to fossil
fuel-burning equipment used exclusively for heating the
dwellings occupied by two or less family units.
C. Visible emissions from any source may be permitted during
the cleaning of a fire, the building of a new fire, or the
blowing of soot from boilers; the density of which is not
darker than No. 2 on the Ringelmann Chart or of an opacity
in excess of 60 percent for a period aggregating no more
than five (5) minutes in any 60 consecutive minutes or more
than twenty (20) minutes in any 24-hour period.
D. These exceptions apply only to visible emissions from fuel-
burning sources used to provide space heating or in
production of process steam.
-120-
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(50.0) 18.0 Regulation of Non-Process Emissions
i
18.1 Non-Process Emission Standards
On or after the effective date of these regulations, no person
shall cause, suffer, allow, or permit non-process emissions
in excess of the standards set forth in this section.
18.2 Non-Process - Particulate Emissions
A. On or after the effective date of these regulations, no
person shall cause, suffer, allow, or permit discharge
of particulate emissions into the atmosphere from any
new source in excess of that shown in Fiquire 1.
B. On or after October 1, 1972, no person shall cause, suffer,
allow, or permit discharge of particulate emissions from
any existing source into the atmosphere in excess of those
shown in Table 1.
C. On or after July 1, 1975, all sources shall meet the part-
iculate emission standards in Figure 1.
18.3 Gaseous Non-Process Emissions
A. On or after the effective date of these regulations, no
person shall cause, suffer, allow, or permit gaseous
emissions in excess of the standards as specified in this
section,
B. Any person constructing or otherwise establishing air
contaminant sources emitting gaseous air contaminants
after the effective date of these regulations shall install
and utilize the best equipment and technology currently
available for controlling such gaseous emissions.
18.4 Sulfur Oxide Emissions Standards
A. No person shall cause, suffer, allow, or permit the emis-
sion from any existing air contaminant source in operation
or under construction prior to the effective date of these
regulations gases containing more than 2,000 parts per mil-
lion (0.2 percent by volume - dry basis) of sulfur oxides
calculated as sulfur dioxide (SQp) after October 1, 1972.
B. No person shall cause, suffer, allow, or permit the emis-
sion from any air contaminant source constructed after the
effective date of these regulations gases in excess of 620
parts per million (0.062 percent by volume - dry basis) of
sulfur oxides calculated as sulfur dioxide (S0?). This
allowable emission standard must be attained at the time
-121-
-------
such new air contaminant source begins operation. After
Juty 1, 1975, all sources shall meet the emission stan-
dards of 620 parts per million for sulfur oxides.
-122-
-------
FIGURE r
MAXIMUM ALLOWABLE PARTICULATE EMISSIOIIS FROM NON-PROCESS INSTALLATIONS
ro
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100 < 1000 10000
HEAT INPUT IN MILLIONS OF BTU PER HOUR
-------
TABLE I
MAXIMUM PARTICULATE EMISSIONS FROM
NON-PRKESS INSTALLATIONS
Maximum Emissions in
Total Heat Input in Pounds Per Million
Million BTU Per Hour BTU Per Hour
10 and Less 0.60
50 0.46
100 0.40
500 0.30
1,000 0.26
2,500 0.23
5,000 0.20
7,500 0.19
10,000 and Over 0.18
Interpolation of the date in this table shall be accomplished by use of the
equation E=0.895H-0.174 be accomplished where E=emitted pounds per million
BTU per hour, and H=total heat input in million BTU per hour.
18.5 Total Emission
A. The total non-process emissions from all sources at any
one location shall be used for determining the maximum
allowable emissions into the atmosphere.
-124-
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(50.1.1) 19.0 Regulation of Process Emissions
19J Process Emission Standards
On or after the effective date of these regulations, no person
shall cause, suffer, allow, or permit process emissions into
the atmosphere in excess of the standards of this section.
19.2 Process Emissions
'A. On or after the effective date of these regulations, no
person shall cause, suffer, allow, or permit discharge of
process emissions from any new source into the atmosphere
in excess of those levels shown in Table II.
B. On or after October 1, 1972, no person shall cause, suffer,
allow, or permit discharge of process emissions from any
existing source into the atmosphere in excess of those
levels shown in Table III.
C. On or before July 1, 1975, all sources shall meet the
process emission rates as set forth in Table II.
19.3 Gaseous Process Emissions
A. On or after the effective date of these regulations, no
person shall cause, suffer, allow, or permit gaseous emis-
sions in excess of the standards in this section.
B. Any person constructing or otherwise establishing an air
contaminant source emitting gaseous air contaminants after.
the effective date of these regulations, shall install
and utilize the best equipment and technology currently
available for controlling such gaseous emissions.
19.4 Sulfur Oxide Emission Standards
A. No person shall cause, suffer, allow, or permit tne emis-
sion from any existing air contaminant source in operation
. or under construction prior to the effective date cf these
regulations gases containing more than 2,000 parts per
million (0.2 percent by volume - dry basis) of sulfur
oxides calculated as sulfur dioxide (S09) after October
1, 1972. *
B. No person shall cause, suffer, allow, or permit the emis-
sion from any air contaminant source constructed after the
effective date of these regulations gases in excess of 500
parts per million (0.05 percent by volume - dry basis) of
sulfur oxides calculated as sulfur dioxide (S02). This
allowable emission standard must be attained at the time
-125-
-------
such new air contaminant source begins operation, After
.July 1, 1975, all sources shall meet the emission
standards of 500 parts per million for sulfur oxides*
19.5 Total Emissions
The total process emissions from all sources at any location
shall be used for determining the maximum allowable emissions
to the atmosphere.
-126-
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TABLE II
NEW PROCESS EMISSION SOURCES
ALLOWABLE RATE OF EMISSION BASED ON
TOTAL PROCESS WEIGHT RATE a
Process Weight
Rate
Lb/Hr Tons/Hr.
50
100
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
0.025
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
6.00
Rate of
Emission
Lb/Hr.
0.03
0.55
0.86
1.32
1.70
2.03
2.34
3.00
3.59
4.12
4.62
5.08
5.52
6.34
7.09
7.81.
8.5
9.1
9.7
10.9
Process Weight
Rate
Lb/Hr. Tons/Hr.
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
8.00
9.00
10.
15.
20.
25.
30.
35.
40.
45.
50.
60.
70.
80.
100.
500.
Rate of
Emission
Lb/Hr.
13.0
14.0
15.0
19.2
23.0
26.4
29.6
30.6
31.2
31.8
32.4
33.3
34.2
34.9
36.1
46.7
Interpolation of the data in Table 2 for the process weight
rates, up to 60,000 Ibs/hr shall be accomplished by the use of
the equation:
E = 3.59 P
0.62
P 30 tons/hr
and interpolation and extrapolation of the data for process
weight rates in excess of 60,000 Ibs/hr shall be accomplished
by use of the equation:
-127-
-------
E = 17.31 P0'16 P 30 tons/hr
Where: E = Emissions in pounds per hour
P = Process weight rate in tons per hour
-128-
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TABLE III
EXISTING PROCESS EMISSION SOURCES
ALLOWABLE RATE OF EMISSION BASED ON
TOTAL PROCESS WEIGHT RATE a
Process Weight
Rate
Lb/Hr. Tons/Hr.
1
1,
2,
600
800
,000
500
000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.
3.
3.
4.
4.
5.
50
00
50
00
• 50
00
Rate of
Emission
Lb/Hr.
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
Process Weight
Rate
Lb/Hr.
Tons/Hr.
10.
11.
12,000 6.00
12.0
13.6
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000
15.
20.
25.
30.
35.
40.
45.
50.
60.
70.
80.
100.
500.
1,000.
3,000.
Rate of
Emission
Lb/Hr.
100
200
400
0.05
0.10
0.20
0.551
0.877
1.40
16,000
18,000
20,000
8.00
9.00
10.0
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43,
44.
46,
47.8
49.0
51.2
69.0
77.6
92.7
Interpolation of the date in this table for process weight rates upQtg7
60,000 Ib/hr shall be accomplished by use of the equation E = 4.10 p '
and interpolation and extrapolation of the data for process weight rates
in excess of 60,000 Ib/hr shall be accomplished by use of the equation:
E = 55.Op
and
0.11
- 40, where E = rate of emission in Ib/hr
p = process weight rate in tons/hr.
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(51.9) 20.0 Regulation of Incinerators
20.1 .Prohibitions
A. On or after October 1, 1972, no incinerator shall be
installed or operated except multiple chamber incinerators
equipped and operated as follows or as required by the
Director:
1. Comply with emission standards as set forth in Table
Iv.
2. No person shall construct an incinerator have a charging
rate of 100 pounds or less per hour.
3. It is provided with an auxiliary burner for purposes
of maintaining a temperature of at least 800 F. in the
primary combustion chamber.
4. It has a secondary burner to destroy smoke and/or odors.
5. It is a type of incinerator design that can be demon-
strated to the Director to be effective in accordance
with all provisions of this Section. The burden of
proof shall rest upon the owner of the proposed
incinerator.
6. Any other provisions of this Section, not withstanding,
no person shall operate an incinerator used for the
disposal of refuse producted by fewer than 51 families.
7. No person shall make any repairs or alterations to an
incinerator which will cost more than 2Q% of the replace-
ment cost of the incinerator unless such repairs or
alterations, will result in a final installation which
will meet the requirements of these regulations for
incinerators.
8. Incinerators having a minimum charging rate of 100 to
600 pounds per hour shall be used for incineration of
Type 0 and Type 1 waste exclusively as defined as
fol1ows:
a. Type 0 - trash, a mixture of highly conbustible
waste such as paper, cardboard, cartons, wood
boxes, and combustible floor sweepings from
commercial and industrial activition. This mix-
ture shall not contain oily rags, rubber scraps,
or any putresible matter. This type of waste shall
not contain more than 10% moisture or 5% non-
combustible solids.
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b. Type I - trash, a mixture of highly combustible
waste such as paper, cardboard, cartons, wood
boxes, and combustible floor sweepings from
commercial and industrial activities. This mix-
ture shall not contain oily rags, rubber scraps,
or any putresible matter. This type of waste shall
not contain more than 25% moisture or 10% non-
combustible solids.
9. The burning of plastics in any form shall not be
permitted in any incinerator having a charging rate
of 600 pounds or less per hour.
B. On or before October 1, 1972, all existing incinerators
shall meet the standards for particulate emissions as set
forth in column B, Table IV.
C. On or after the effective date of these regulations, all
new incinerators shall meeet the particulate emissions
standards as set forth in column A, Table IV.
D. On or before July 1, 1975, all incinerators shall meet the
new particulate emission standards as set forth in column
A, Table IV.
E. On or before July 1, 1975, all incinerators shall be
equipped with the latest atuomatic control devices as
prescribed by the Director.
F. The minimum charging rate of 100 pounds per hour shall
not apply to pathological incinerators.
TABLE IV
MAXIMUM ALLOWABLE PARTICULATE EMISSION
STANDARDS FOR INCINERATORS
Rated or* Operating Charging Emission Standard in Percent
Rate in Pounds Per Hour of Charging Rate
New Existing
Incinerator Incinerator
100 to 199 0.2 0.6
200 to 599 0.2 0.4
600 to 6,000 0.075 0.4
Greater thaip 2,000 • , 0.075
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(50.6) 21.0 Regulation of Odors'
21.1 Objectionable Odors
After the effective date of these regulations, no person shall
cause, suffer, or allow any emissions of gases, vapors, or
"objectionable" odors beyond the property line from which such
emissions occur, to be in sufficient quantities and of such
characteristics and duration as to be injurious, or tend to be
injurious to human health and welfare, plant or animal life,
or to property, or which unreasonably interferes with the
enjoyment of life or property.
21.2 Determination of Objectionable Odors
An odor shall be deemed "objectionable" when 30% or more of the
people exposed to it believe it to be objectionable in their
usual places of occupancy based on a sample size of at least
20 people; and if fewer than 20 are exposed, 75% must believe
it to be objectionable, or when air occurring beyond the
property line contains such odorous matter as may be detectable
when diluted with eight or more volumes of odor-free air.
21.3 Compliance Schedule
When an odor shall have been deemed objectionable in accept-
able proposal shall be submitted to the Director for the con-
trol of the objectionable odor. The proposal shall contain
an acceptable method and timetable for compliance.
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(50.1) 22.0 Regulation of Fugitive Dust and Materials
22.1 Or; or after the effective date of these regulations, no person
shall cause, suffer, allow, or permit any materials to be
handled, transported, or stored; or a building, its appurten-
ances, or a road to be used, constructed, altered, repaired^
or demolished without taking reasonable precautions to prevent
particulate matter from becoming airborne. Such reasonable
precautions shall include, but not be limited to, the
following:
A. Use, where possible, water or chemicals for control of
dust or materials in demolition of existing buildings or
structures, construction operations, grading of roads,
or the clearing of land:
B. Application of asphalt, oil, water, or suitable chemicals
on dirt roads, materials stock piles, and other surfaces
which can create airborne dusts or materials:
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. Covering at all times, when in motion, open bodied trucks
transporting materials likely to become airborne.
E. The paving of roadways and their maintenance in a clean
condition.
F. The prompt removal of earth and other materials from paved
streets in which earth or other materials have been trans-
ported by trucking or earth moving equipment, erosion,
water, or other means.
G. When dust, fumes, gases, odorous matter, vapors, or any
t combination thereof escape from a building or equipment in
such a manner and amount as to cause a nuisance or to
violate any regulation, the Director may order that the
building or equipment in which processing, handling, and
storage are done be tightly closed, ventilated in such a
way that all air and gases or gas-borne material leaving
the building or equipment are treated by removal or
destruction of air contaminants before discharge to the
open air.
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(50.4) 23.0 Regulation of Hydrocarbon Emissions
For the purpose of this Section, volatile organic compounds shall
mean any compound containing carbon and hydrogen or containing
carbon and hydrogen in combination with any other element which
has a vapor pressure of 1.5 pounds per square inch absolute
(77.6 mm. Hg) or greater under actual storage conditions.
23.1 Storage of Volatile Organic Materials
On or after July 1, 1975, no person shall place, store, or
hold in any stationary tank, reservoir or other container of
•more than 40,000 gallons capacity any volatile organic
compounds unless such tank, reservoir, or other container is
a pressure tank capable of maintaining working pressures
sufficient at all times to prevent vapor or gas loss to the
atmopshere or is designed, and equipped with one of the.
following vapor loss control devices:
A. A floating roof consisting of a pontoon type, double deck
type roof or internal floating cover, which will rest on
the surface of the liquid contents and be equipped with a
closure seal or seals to close the space between the roof
edge and tank wall. This control equipment shall not be
permitted if the volatile organic compounds have a vapor
pressure of 11.0 pounds per square inch absolute or
greater under actual storage conditions. All tank
gauging or sampling devices shall be gas-tight except
when tank gauging or sampling is taking place.
B. A vapor recovery system consisting of a vapor gathering
system capable of collecting the volatile organic compound
vapors and gases discharged and a vapor disposal system
capable of processing such volatile organic vapors aid
gases so as to prevent their emission to the atmosphere
and with all tank gauging and sampling devices pas-tight
except when gauging or sampling is taking place.
(50.1) 24.0 Regulation of Airborne and Windborne Materials
24.1 Prohibitions
'A. On. or after the effective date of these regulations, no
person shall cause or permit the handling, transporting,
or disposition of any substance or material which is likely
to be scattered by the air or wind, or is susceptible to
being airborne or windborne; or to operator or maintain
or cause to be operated, maintained on any premise, open
area, right-of-way, storage pile of materials, vehicle, or
construction, alteration, demolition, or wrecking opera-
tion, or any other enterprise which involves any material
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or substance likely to be scattered by the wind or air
or susceptible to being windborne or airborne, without
taking adequate precautions or measures to minimize
emission of any air contaminants.
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(3.0) 25.0 Permits
25.1 Construction Permit
A. On or after the. effective date of these regulations, no
person shall begin the construction of a new source or
the modification of an existing source, which may result
in the discharge of air contaminants without first having
applied for and received from the Director a construction
permit for the construction or modification of such source.
B. The Director shall not approve such construction or modifica-
tion unless the applicant demonstrates to the satisfaction
of the Director that the source can be expected to comply
with the applicable regulations. The Director shall not
approve such construction or modification permit if such
construction or modification interferes with the attain-
ment of maintenance of the secondary ambient air quality
standares as set forth in these regulations.
C. Any person responsible for the construction or modifica-
tion of a potential air contaminant source shall obtain,
on forms furnished by the Department, a valid Construction
Permit. All Construction Permits shall be for a period
of up to but not exceeding one (1) year as determined by
the Department. All Construction Permits shall be renewed
annually or at such time as the permit expires. All
inspection of the source may be conducted by the Depart-
ment. All applicants for a Construction Permit shall pay
a fee as determined by the Director with the advice and
consent of the Board. Any violation of these Regulations
shall invalidate the Permit. Upon compliance with these
Regulations, it shall be necessary to apply for a new
Construction Permit.
25.2 Applications for Permit
A. The application for a construction permit shall be made on
1 forms available from the Director within ninety (90) days
prior to the estimated starting date of construction. The
Director shall act on all applications for a construction
permit within 90 days.
B. In the event the requirement for a construction permit prior
to the construction of a new source or the modification of
any existing source will create an undue hardship on the
applicant, the applicant may request of the Director a
waiver to proceed with construction or modification prior
to the issuance of a Construction Permit. The applicant
for a waiver shall explain the circumstances which will
cause such undue hardship. If a waiver is granted, the
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applicant shall, as soon as reasonably practical, submit
a report containing such information as would have
otherwise been required in filing for a construction
permit. The applicant, after a waiver is granted, proceeds
at his own risk; and if after contruction or modification
has begun or been completed, the proposed or completed
installation does not meet with the Director's approval,
alterations required to effect such approval shall be
made within reasonable time as specified by the Director.
In no case shall this reasonable time exceed 180 days after
notification that the construction or modification does
.not meet with the Director's approval.
C. Construction Permits issued under this section are based
on the control of air contaminants only and do not in
any way affect the applicant's obligation to obtain necess-
ary permits from other governmental agencies.
25.3 Operating Permit
A. Any person planning to operate a source constructed or
modified in accordance with a construction permit issued
by the Director, in section 25.1, shall apply for and
receive an Operating permit from the Director.
B. When the emissions from an air contaminant source regulated
herein in existence on or before the effective date of these
regulations exceeds the maximum allowable for such emissions
as defined in these regulations, the owner or operator
thereof shall, in addition to any other information required
by the Director and before an Operating permit for such
existing s'ource will be issued by the Director, file a p"!an
for the reduction of such emissions. Such plan shall
include a time schedule for the accomplishment of such
reductions and the final date for completion shail be not
later than the date required for achieving a reduction to
the maximum emission level.
Those existing air contaminant sources which must be in com-
pliance with the applicable emission standards by October
1, 1972, shall have filed by April 1, 1970, or at such time
thereafter as requested by the Director, a compliance plan
for the reduction of such emissions to the extent i>het the
emissions do not exceed the maximum allowable emissions.
Those air contaminant sources which must be in compliance
with the applicable emission standards by July 1, 1975,
must file by January 1, 1973, a compliance plan for the
reduction of such emissions to the extent that the emissions
do not exceed the maximum allowable emissions.
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As a minimum the following information shall be
included for each source: total weight of contaminant
released per day; period or periods of operation;
composition of the contaminant, temperature and mois-
ture content of the air or gas stream in which the
contaminant is contained; characterization of the
variability of contaminant release with respect to rate,
composition and physical characteristics; height,
velocity and direction of air or gas stream at the
point where released to the atmosphere and such other
information as may be specifically required by the
Director. All such information shall be submitted
on forms available from the Director. Where an air or
gas cleaning device is incorporated in the air or gas
stream preceding discharge to the atmosphere, the
weight of material removed by the cleaning device,
as well as the weight emitted, shall be stated.
Each compliance plan must provide for periodic incre-
ments of progress townards compliance. The dates for
achievement of such increments shall be specified.
Increments of progress shall include be not be limited
to: letting of necessary contracts for construction
or process charges, if applicable; initiation of
construction, completion and startup of control system;
performance tests; and submittal of performance test
.analysis and results.
Any owner or operator required to submit a compliance
schedule pursuant to this paragraph shall, within 10
days after the deadline for each increment of progress,
certify to the Director whether or not the required
increment of the approved compliance schedule has been
met.
Any person responsible for a potential air contaminant
source shall obtain, on forms furnished by the Depart-
ment, a valid Operating Permit. All Operating Permits
shall be for a period of up to but not exceeding one
(1) year as determined by the Department. All Operating
Permits shall be renewed annually or at such time as
the permits expires. An inspection of the source may
be conducted by the Department. All applicants for an
Operating Permit shall pay a fee as determined by the
Director with the advice and consent of the Board. Any
violation of these regulations shall invalidate the
Permit. Upon compliance with these Regulations, it
shall be necessary to apply for a new Operating Permit.
The Director shall not approve such operating permit if
such operation interferes with the attainment or main-
tenance of the secondary ambient air quality standards
as set forth in these regulations.
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C. Application for an Operating Permit shall be made on forms
available from the Department and signed by the applicant.
Such application for an Operation Permit shall be filed
with the Director within thirty (30) days prior to the
expiration of an existing Operation Permit. The Director
shall act on all applications for an operating permit with-
in 30 days.
D. The Operating Permit shall only be issued on evidence
satisfactory to the Director that the operation of said
source is in compliance with any standards or regulations
adopted by the Board. Such evidence may include a require-
ment that the applicant conduct such tests as are necessary
in the opinion of the Director to determine the kind or
amount of air contaminants emitted from the equipment or
control apparatus. Standard Operating Permits shall be
valid for a period of one (1) year or for such longer period
of time as the Director may designate. A permit issued ••
for a period of less than one (1) year shall be designated
as a temporary permit.
E. Any person in possession of an Operating Permit shall
maintain said Operating Permit readily available for
inspection by the Director or his designated representa-
tive on the operating premises.
F. Operation of each source shall be in accordance with the
provisions and stipulations set forth in the Operating
Permit.
i
G. An Operating permit is not transferable frcm one person
to another person, from one source to another source, or
from one location or facility to another location or
facility.
Hr The Director may suspend or revoke either a construction
or operating permit if the permit holder fails to comply
with the provisions, stipulations, or compliance schedules
specified in the permit. Upon permit revocation, if the
permit holder fails to take remedial action, hfe shall be-
come immediately subject to enforcement actions prescribed
in these regulations.
25.4 Compliance Schedule
A. Irrespective of any of the provisions of these regulations,
the owner or operator of any air contaminant source shall
be responsible for complying with emission regulations as
contained in these regulations at the earliest practicable
time and for this purpose the Director shall have the
authority and responsibility to require compliance with
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these regulations at an earlier date than indicated
where such earlier compliance may reasonable be
accomplished. Where compliance with any of these regula-
tions requires a time schedule greater than 18 months
from the effective date of these regulations, an accep-
table progress report shall be filed with the Director at
least 30 days from date of issuance.
25.5 Reporting of Information
No person shall cause or permit the operation of any source
without furnishing such performance tests results, informa-
tion1, and records as may be required by the Director in
accordance with the applicable rules and regulations. The
granting of a permit of any form shall not be construed by
that,person having such a permit as a license to violate
any part of these regulations.
25.6 Exemptions
A. Mobile sources such as: autombiles, trucks, buses,
locomotives, planes, boats, and ships..
B. Particulate emissions from a single stack, or an air
contaminant source, discharging less than 0.5 pounds per
hour of non-hazardous particulates or the total particulate
emissions from an air contaminant source amounting to
less than two (2) pounds per hour of non-hazardous
particulates, whichever is the more restrictive.
C. Equipment used on farms for soil preparation, tending, or
harvesting of crops or the preparation of feed to be used
on the farm where prepared.
D. A construction or operating permit shall not be required
for one and two family dwelling units.
E. A construction or operating permit shall net be required
for the operations regulated by Section 17.0, Open Burning.
However, a permit shall be required for the use of an
air curtain destructor and any similar device for
the disposal of waste.
F. Nothwithstanding the exemptions granted in the sections
above, no person shell dishcarge, from any source whatso-
ever, such quantities of air contaminants or other materials
which cause or 'have a tendency to cause injury, detriment,
annoyance, or adverse effect to the public.
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25.7 Payment of Fees
All person requesting a construction permit or operating
permit shall pay a fee as determined by the Director with the
advice and consent of the Board.
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(9.0) 26.0 Monitoring., Recording, and Reporting
(13.0)
26.1 Installation of Monitoring Equipment
The Director may require the owner or operator of any air
contaminant source to install, use, and maintain such monitor-
ing equipment; sample such emissions in accordance with methods
as the Director shall prescribe; and make such periodic emission
reports as may be required.
26.2 Filing of Records and Reports
Records and reports as the Director shall prescribe on air
contaminants or the quality or quantity of fuel used shall be
recorded, compiled, and submitted on forms prescribed by the
Department. The procedures below are examples of such require-
ments:
A. Emissions of particulate matter, sulfur dioxide, and oxides
of nitrogen shall be expressed as follows: in pounds per
hour and pounds per million B.T.U. of heat input for fuel-
burning equipment; in pounds per 100 pounds of refuse .
burned for incinerators, and in pounds per hourly process
weight of production rate or in terms of some other easily
measured and meaningful process unit specified by the
Director.
B. Sulfur dioxide and oxides of nitrogen emission data shall
be averaged over a 24-hour period and shall be summarized
monthly. Daily averages and monthly summaries shall be
submitted to the Director biannually. Data shall be
.calculated daily and available for inspection at an> time.
C. Particulate matter emissions shall be sampled and analy-
tical data submitted semi-annually.
D. Visible emissions shall be monitored continuously and
records kept indicating total minutes per day in which
emissions occur.
E. The sulfur content of fuels, as burned, except natural gas,
i shall be determined in accordance with current, recognized
ASTM procedures. Daily and monthly averages shall be
available for inspection.
26.3 Filing of Emission Date and Registration
If shall be the responsibility of persons operating air contami-
nant sources to obtain from the Department any necessary forms
for the filing of any required information such as, but not
limited to, permits, registration, emission data, or any other
forms.
i
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A. The person responsible for any air contaminant source
in existence on October 1, 1969, shall within one (1)
year of the date, or at such time as requested, have
filed with the Director information as would be needed
or useful in evaluating the potential of the source for
causing air pollution.
B,. The following information may be included for each source;
total weight of the contaminant released per day; period
or periods of operation; composition of the contaminant;
physical state of the contaminant; temperature and mois-
ture content of the air or gas stream at the point where
released into the atmosphere, and such other information
as may be specifically requested by the Department.
Where an air or gas-cleaning device is incorporated in the
air or gas stream preceding discharge to the atmosphere,
the weight of material removed by the cleaning device, as
well as the weight emitted, shall be stated.
26.4 Sampling Required - Establishment of Air Contaminant Emission
Levels
A. New Facilities
1. There shall be provided for any stack or duct
adequate sampling facilities as follows:
/ . :
a. Sampling ports of a size, number, and location as
the Director may require.
b. Safe access to each port.
c. Such other sampling and testing facilities as the
Director may require.
2. The Director may be at his discretion require the
applicant for an operating permit to conduct or have
conducted such tests as are necessary to establish
the amount of air contaminants emitted from such
equipment or control apparatus. Such tests shall be
made at the expense of the applicant and shall be
conducted in a manner approved by the Director. The
Director may require that such tests be conducted in the
presence of his representative.
B. Existing Facilities
1. Whenever the Director has reason to believe that the
emission limits of the regulations set forth herein are
being violated, he ma> require the person to conduct
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or have conducted at the person's expense, tests
to determine the emission level of specific air
contaminants. The Director may require that such
tests be conducted in the presence of his
representative.
2. The Director may conduct tests Of air contaminant
emissions from any source. Upon request of the
Director, the person responsible for the source to be
tested shall provide, at no expense to the Director,
reasonable and necessary openings in stacks, vents,
and ducts, along with safe and easy access thereto
including a suitable power source to the point of
testing for proper determination of the level of
air contaminant emissions.
C. Periodic Testing Required
The Director may require the person responsible for the
air contaminant source as a condition of his operating
permit, to conduct or have conducted periodic tests to
establish the amount of air contaminants emitted. The
nature, extent, and frequency of such required testing
shall be specified in the operating permit. Such tests
shall be made at the expense of the person and shall be
conducted in a manner approved by the Director. The
Director shall be supplied with such data as stipulated
in the operating permit.
26.5 Monitoring, Recording, and Reporting of Source Emissions
A. Monitoring of Emissions
The Director may require the person responsible for any
air contaminant source discharging air contaminants at the
expense of the person, to install, use, and maintain
such monitoring equipment as the Director shall prescribe;
sample such emissions in accordance with methods as
the Director shall prescribe; establish and maintain
such records; and make periodic emission reports as
required.
Each person responsible for any air contaminant source,
shall as prescribed by the Director, monitor, and report
on specified air contaminants, develop, and submit a
detailed monitoring program; and order and install
sampling equipment within the following time schedule:.
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1. Within 60 days after designation by the Director of
those air contaminants to be monitored, the person
responsible for the air contaminant source shall
submit a detailed monitoring program for approval
by the Director.
2. Within 30 days after the monitoring program has
been approved in writing by the Director, sampling
and monitoring equipment shall be ordered.
3. Within 90 days after delivery of the equipment, the
person responsible for the air contaminant source
shall place said equipment in effective operation
in accordance with its approved monitoring program.
26.6 B. Recording and Reporting
Records and reports as the Director shall prescribe on
air contaminant emissions, ambient air concentrations,
or fuel analyses shall be recorded, compiled, and
submitted in a format prescribed bv the Director.
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(9.0) 27.0 Sampling and Testing Methods
27.1 General
It is explicitly implied that in addition to/and consistent
with specific methods of sampling and analysis described herein,
that samples shall be taken in such number, duration, and
location as to be statistically significant and representative
of the condition which the sample(s) purport to evaluate.
Where specific materials, equipment, or procedures are
specified, it may be permissible to use other materials, equip-
ment, or procedures where it has been reliably demonstrated
•that their use produces results comparable to that which would
have been obtained by use of the specified materials, equip-
ment, or procedures. All sampling and testing shall be con-
.ducted or approved by a professional engineer registered in
the State of Tennessee.
27.2 Source Sampling and Analysis
The methods set forth in this section shall be applicable for
determining compliance with emission standards.
A. Sample and Velocity Traverses: Sample and velocity
traverses shall be determined by the method outlined in
the Federal Register, Volume 36, No. 247, December 23,
1971, with this added condition:
"If traverse readings are within plus or minus 10 percent
of average; 1, 2, or 3 points (corrected to average) may
be used in subsequent tests, one.test in three must be
a traverse."
3. Stack Gas Velocity Determination: Determination of stack
gas velocity (Type S Pitot Tube) shall be determined by
the method outlined in the Federal Register, Volume 36,
No. 247, December 23, 1971, except in such instances where
Type S Pitot Tube is in applicable.
C. Gas Analysis: Gas analysis for carbon dioxide, excess air,
and dry molecular weight shall be accomplished by the method
outlined in the Federal Register, Volume 36, No. 247,
December 23, 1971, or another type of test procedure tha'c
is direct indicating and/or recording approved by the
Director.
D. Determination of Moisture in Stack Gases: Moisture shall
be determined by the condenser as specified in the Federal
Register, Volume 36, No. 247, December 23, 1971, c^ other
technique approved by the Director.
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Determination of Participate Emissions: The basic
design of the sampling train is left to the person if
certain criteria are observed to assure high collection
efficiency and standard analysis of the collected
participates.
1. Description of Sampling Apparatus
a. This apparatus shall include interchangeable
sampling nozzles or probes of various diameter,
a filter effective for the removal of particles
exceeding 0.3 micron diameter of solid or liquid.
a suitable number of impingers to reduce con-
densible vapors to liquid or solid particulate
matter, and appropriate connecting tubing at
temperatures above the aqueous dewpoint of the
gases. All materials of construction shall be
resistant to corrosive elements in the fleu
gases, e.g., SOp,.NOx, and elevated temperatures.
b. This filter assembly shall be maintain above the
aqueous dewpoint of the flue gases throughout the
sampling operation. To accomplish this the filter
assembly may be disposed inside the gas flue to be
completely bathed by the hot gas stream; or it may
be disposed outside the gas stream provided the
following precautions are taken:
1. If the filter is disposed outside the hct gas
flue, a temperature indicator, e.g., thermo-
couple shall be provided at the same filter gas
exit to monitor the flue gases at all times.
Auxiliary heating elements for tubing and filter
holder shall be provided to maintain specified
temperatures when required.
2. Deposits in the tube connecting the probe to
the exterior filter shall be quantitatively
removed by washing with a suitable liquid and
by brushing, the weight of solids recovered
from being added to the weight found in the
filter.
c. Provisions shall be included for cooling the gas
stream to standard conditions (70 F) to reduce
condensible vapors to liquid or solid particulate
matter, and for cooling the condensed particles
including water that may be forced by condensation
of water vapor in the sample. This shall be
accomplished by passage through bubblers provided
with an orifice submerged in water through which
the gas stream passes at a velocity of approximately
100 meters per second. The bubblers should be
i
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immersed in an ice bath to minimize evaporation.
A trap of suitable shape and dimension for the
collection of overflow or overspray shall be
provided downstream from the bubblers.
d. An indicating flowmeter shall be provided arid
preferably located in the train at a point
preceding the source of suction, preceded by
a trap to prevent condensed water from entering
the flowmeter; and a vacuum gauge adjacent to the
flowmeter to indicate the absolute pressure of
the gas passing through the orifice meter.
e. Operation charts comprising either graphs or tables
shall be prepared and be available .as part of the
apparatus, to indicate proper sampling rates as
a function of gas density in the stack and at the
flowmeter.
2. Analytical Results
Analytical results shall be accomplished as outlined
in the appendix of the Federal Register, Volume 36,
No. 247, December 23, 1971, for the filter catch and
washings up to the filter. Inclusion or exclusion of
material collected in the impinger train as
"particulate matter" and method of analysis will be
determined on an individual air contaminant source
basis.
3. Equivalent Method
Those procedures demonstrated to yield equivalent
results and approved by the Director may be used for
sampling and analysis of particulate matter. Stack
sampling methods promulgated by the Environmental
Protection Agency for specified air contaminant sources
, are considered to be equivalent methods and therefore
acceptable.
Measurement of Sulfur Dioxide in Stack Gases:
1. The approved procedures for measuring Sulfur Dioxide
in stack gases are the Shell Development Company
method and the Monsanto Company method.
REFERENCE: (1) Shell Development Company Method
• At:mospheric_Emission from Sulfuric Acijl Manufacturing
Processes,
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Public Health Service Publication 999-AP-13 (1965),
Appendix B, pages 85-87.
REFERENCE: (2) Monsanto Company Method
1 AtmosphericJEmission from Sulfur Acio^ Manufacturing
Processes,
• Public Health Service Publication 999-AP-13 (1965),
Appendix B, pages 63-84.
2. Equivalent Methods: Many new and improved methods of
continuous gaseous monitoring in stacks are now in use.
Any method of stack sampling approved by the Director
• may be used in accordance with good professional practice.
Stack sampling methods promulgated by the Environmental
Protection Agency for specified air contaminant sources
are considered to be equivalent methods and therefore
acceptable.
G. Measurement of Sulfuric Acid (H?S04) in Stack Gases:
1. The approved procedures for measuring sulfuric acid
(HoSCO in stack gases are the Shell Development
Company Method and the Monsanto Company Method.
REFERENCE: (1) Shell Development Company Method
' Atmospheric Emission from Sulfuric Acid Manufacturing
Processes,
, Public Health Service Publication 999-AP-13 (1965),
Appendix B, pages 85-87.
REFERENCE: (2) Monsanto Company Method
Atmospheric Emission from Sulfuric Acid Manfacturing
Processes,
Public Health Safety Publication 999-AP-13 (1965),
Appendix B, pages 63-84.
2. Any method of stack sampling approved by the Director
may be used in accordance with good professional prac-
tice. The stack sampling method promulgated by the
Environmental Protection Agency in the Federal Register,
Volume 36, Nc. 247, December 23, 1971, is considered
to be an equivalent method.
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(5.0) 28.0 Variances
28.1 General
A. Any person may apply to the Director for a variance from
these regulations. The Director may grant such a variance
for a period not to exceed (1) one year, provided:
1. The request for a variance is presented in writing^
2. The emissions occuring or proposed to occur do not
endanger or tend to endanger human health or safety,
or unreasonably interferes with the enjoyment of
life and property.
3. Compliance with the regulations from which a variance
is sought would produce serious hardship without
equal or greater benefits to the public.
B. The Director shall present the request for a variance to
the Board for public hearing.
C. Any variance granted within the requirements of
Section 28.1 for time periods and under conditions con-
sistent with the reasons therefore, shall be with the
following limitations.
1. If the variance is granted on the grounds that there
is no practicable means known o>" available for the
adequate prevention, abatement, or control of the
air pollution involved; that the variance shall be
permitted only until the necessary means for preven-
tion, abatement, or control become known and available;
and that the variance shall be subject to the taking
of any substitute or alternative measures that the
Director may prescribe.
2. If the variance is granted on the grounds that compli-
ance with the particular requirement or requirements
from which variance is sought will necessitate the
taking of measures which, because of their extent or
cost, must be spread over a considerable period of ,
time, it shall be for a period not to exceed such
reasonable time as, in the opinion of the Director,
is required for the taking of the necessary measures.
A variance granted on the grounds specified herein
shall contain a timetable for the taking of action in
an expeditious manner and shall conditioned on
adherence to such timetable.
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Every applicant or petitioner requesting a variance
shall pay a fee. The schedule of fees shall be based
upon cost as determined by the Director with the advice
and consent of the Board, All requests for a variance
shall be published in a newspaper of general circulation
in Knox County at least thirty (30) days prior to any
action taken upon a request for a variance.
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(16.0) 29.0 Appeals
29.1 -General
A. Any person, if dissatisfied with the Director's decision
concerning a variance, may within ten (10) days, appeal;
in writing, therefrom to the Board which shall within a
reasonable length of time, after public hearing, confirm,
modify, or reverse the Director's decision.
B. Any other citizen of Knox County who disagrees with any
, ruling of=the Director for any reason concerning air pollu-
tion may appeal, in writing, that ruling to the Board
which shall within a reasonable length of time, after
public hearing, confirm, modify, or reverse the Director's
decision.
C. Every applicant or petitioner requesting an appeal shaV!
pay a fee. The schedule of fees shall be based upon cost
as determined by the Director with the advice and consent
of the Board. All requests for an appeal shall be published
in a newspaper of general circulation in Knox County, not
less than thirty (30) days prior to any action taken upon
a request of an appeal.
29.2 Public Hearing of Appeals
A. Hearings of appeals shall be conducted before a majcrity
of the Board and will be conducted in the following
manner:
1. The petitioner shall be given written notice at the
earliest practicable time as to the time and place of
such hearing.
2. The Chairman of the Board or his delegated member shall
serve as a Hearing Examiner to conduct hearings and a
complete record of the hearing shall be made for
review by the Board members.
3, All testimony shall be recorded and may or may not be
under oath, at the discretion of the Board. The tran-
script so recorded shall be made available to the
petitioner or any party to the hearing upon the payment
of the fee for transcribing said testimony.
4, The Board is considering the granting of a variance
shall give due consideration to the equities of the
petitioner and the others who may be affected by
1 granting or denying the petition.
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5. The Board may make the granting of a petition for
a variance contingent upon such other requirements
or restrictions on the petitioner as the Board may
deem appropriate and reasonable.
6. Any variance granted shall be for a period not to
exceed one (1) year.
B. If the variance is granted on the grounds that there are
no practicable means known or available for the adequate
prevention, abatement, or control of the air pollution
involved, it shall be only until the necessary means
for prevention, abatement, or control become known and
available, and subject to the taking of any substitute
or alternate measures that the Board may prescribe.
C. If the variance is granted on the grounds that compliance
with the particular requirement or requirements from
which variance is sought will necessitate the taking of
measures which, because of their context or cost, must
be spread over a considerable period of time, it shall
be for a period not to exceed such reasonable time as,
in the view of the Board, is requisite for the taking of
the necessary measures. A variance granted on the ground
specified herein shall contain a timetable
D. The Board shall issue and give to the petitioner, in
writing, within sixty (60) days following the final
argument in such hearing, its final order or determina-
tion. Such order or determination shall be approved by
at least the majority of members to vhich the Board is
entitled.
E. Upon failure to the Board to issue a final order or
determination within sixty (60) days after the final
argument in any such hearing the petitioner shall be
entitled to treat for all purposes such failure to act
as a granting of the variance requested.
F. The burden of proof in such hearings shall be upon the
petitioner.
G. Noth'Ing in this section and no variance or renewal thereof
granted pursuant hereto shall be construed to prevent cr
, limit the application of the emergency provisions: and
procedures of these regulations to any person or his
property.
H. All final decisions of the Director and the Beard shall be
on file in the office of the Department and may be inspected
by the public during regular office hours.
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29.3 Judical Review
Any ruling of the Board shall be subject to review with the
Circuit Court of Knox County on a petition for common law
.writ or certiorari filed within ten (10) days after the
Board's decision.
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(15.0) 30.0 Violations
30.1 General
A. Violation of any regulation duly adopted by the Board is
« declared to be a misdemeanor punishable as provided in
Tennessee Code Annotated 39 - 105.
B. Violation of any regulation or section of these regulations
is considered a separate offense.
C. Each day of violation of any regulation or section of
these regulations is considered a separate offense.
D. Every person who is convicted of a misdemeanor shall be
punished by imprisonment in the county jail or workhouse
not more than one year, or by fine not exceeding one
thousand dollars ($1,000) or by both, in the discretion
of the Court.
E. Whenever evidence has been obtained or received establishing
that a violation of these regulations has been committed,
the Director shall have the power and authority to initiate
proceedings to prosecute the violator.
F. The Director any cause to be instituted in civil action in
any court of competent jurisdiction for injunctive relief
to prevent violation of any regulation promulgated by
the Board or of any order duly issued by the Director
(as confirmed or modified by the Board, if this be the
case).
G. Nothing in these regulations shall prevent the Director
from making efforts to obtain voluntary compliance with
these regulations by issuing a notice to correct or cease
the violation. Such notice shall briefly set forth the
general nature of the violations and specify a reason-
able time within which the violation shall be rectified
or stopped. If the violation is not corrected with the
time so specified, or the violation stopped, or reasonable
steps taken to rectify the violation, the Director shall
have the power and authority to issue an order requiring
the violator to cease or suspend operation of the facility
causing the violation until the violation has been corrected.
H. Where a time for compliance schedule has been established
in these regulations, failure to comply with the time
schedule and fails to do so in the time allocated by the
Director for submitting such proposal and time schedule,
such person shall be considered in violation of these
regulations.
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!. When any person has been requested by the Director to
submit to the Director an acceptable proposal and time
schedule and fails to do so in the time allocated by
the Director for submitting such proposal and time
schedule, such person shall be considered in violation
of these regulations.
J. Where an acceptable proposal and timetable has been
submitted to the Director by any person, failure to
comply with the proposal and time schedule shall be
considered a violation of these regulations.
30.2 Presumption Clause
Where a violation of these regulations occurs by any person,
it shall be presumed that such violation occurred with the
knowledge and consent of such person.
(15.0) 31.0 Right of Entry
A. In the performance of their duties, the Director and other
employees of the Department are hereby authorized to
-------
(15.0) 32.0 Use of Evidence
31.1 General
A. Any evidence, finding, fact, or other actions resulting
from a violation of these regulations or orders issued
pursuant thereto shall insure solely to and shall be for
the benefit of the public generally.
B. These regulations are not intended to create in any way
or to enlarge or affect in any way any private right.
C. A determination that these has been a violation of these
regulations or orders issued pursuant thereto shall not be
used in any law suit brought by any private citizen.
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(14.0) 33.0 Confidentiality and Accessibility of Records
33.1 General
Any records or other information furnished to the Department
concerning one or more air contaminant sources, which records
or information, as certified by the owner or operator, relate
to production or sales fiqures or the processes or production
unique to the owner or operator, shall be only for the
confidential use of the .Department or the Board in the
edministration of these regulations, unless such owner or
operator shall expressly agree to their publication or avail-
ability to the general public or unless the disclosure of such
information is required for the prosecution of a violation of
these regulations thereunder. Nothing herein shall be construed
to prevent the use of such records or information by the
Department in compiling or publishing analyses or summaries
relating to the general condition of the outdoor atmosphere:
provided that such analyses or summaries do not identify any
owner or operator or reveal any information otherwise
confidential under this section.
33.2 Exemptions
A, The composition of air contaminants and emission data shall
not be considered confidential. Such data shall be access-
ible to the public at the office of the Department during
normal working hours.
B. Written records, including, but not limited to the granting
of variances and permits, are accessible to the public at
the office of the Department of Air Pollution Control and
such records are subject to review by the Board.
C. Written records shall be maintained of all actions taken
by the Department and such records shall be accessible to
the public at the office of the Air Pollution Control
Department during normal working hours.
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(7.0) 34.0 Malfunction of Equipment
34.1 General
A. In the case of shutdown of air pollution control equip-
ment for necessary or scheduled maintenance, the intent
to shutdown such equipment shall, except as provided in
Section B of this section, be reported to the Director at
least (24) twenty-four hours prior to the planned shut-
down. 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
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 such as the use of off-shi^t labor and equip-
ment that will be taken to minimize the length of the
shutdown period.
B. Exceptions to shutdown reporting requirements:
1. The report described in Section A of this section shall
not be required when, during the shutdown referred to
therein, the air contaminants are handled through
alternate air pollution control equipment.
2. When shutdowns referred to in Section A of this section
are on a routine schedule, the report to the Director
may be furnished on an annual basis and shall list the
dates and times of the routine schedule shutdown
during the following year.
C. .When any emission source, air pollution control equipment,
or related facility breaks down in such a manner as to
cause the emission of air contaminants for an anticipated
or actual duration of at least twenty-four (24) hours in
violation of these regulations, the person responsible of
such equipment shall immediately notify the Director cf
such failure of breakdown and provide a statement givinj
all pertinent facts, including the estimated duration of
the breakdown. The Director shall be notified when the
condition causing the failure or breakdown has been
corrected and the equipment is again in operation. Where
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such breakdown might cause the release of. air contamv
nants in such quantity and/or quality and of such
duration of time as to create an episode, the
regulations as set forth in Section 36.0 shall apply
immediately.
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(11.0) 35.0 Hazardous Air Contaminants
35.1 General
Hazardous air contaminants are any air contaminants which
may cause, or contribute to, an increase in mortality or an
increase in serious irreversible, or incapacitating reversible
illness, and has been so designated by the Director.
Asbestos, beryllium, and mercury are hereby designated hazardous
aiV contaminants. The Director amy from time to time, with-
out public hearing designate additional hazardous air contami-
nants as designated by the Environmental Protection Agency
and published in the Federal Register.
35.2 Information Required Concerning Hazardous Air Contaminants
A. The owner or operator of one or more sources of hazardous
air contaminants in existence on the effective date of
this regulation shall within (4) four months after official
notification by the Director, file with the Director
information necessary to allow the evaluation of the
air pollution potential of such emissions.
1. As a minimum the following information shall be included
for each source wh.ich hazardous air contaminants a:~e
emitted: identification of hazardous air contaminant;
source of hazardous air contaminant; total weight of
hazardous eir contaminant released per day: period or
periods of operation; composition of the hazardous air
contaminant; physical state of the hazardous contami-
nant; temperature and moisture content of the a4r or
gas stream in which the hazardous air contaminant is
contained; characterization of the varibility of haz-
ardous air contaminant release respect to rate, com-
position, and physical characteristics; height, velo-
city, and direction of air or gas stream at the point
where released to the atmosphere and such other informa-
tion as may be specifically requested by the Directcr.
All such information shall be submitted on forms
available from the Director.
2. The owner or operator of a source constructed after the
effective date of these regulations shall file with
the Director not less than ninety (90) days prior to
the estimated starting date of construction, sufficient
information to allow evaluation of the air pollution
potential of such hazardous air contaminants.
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35.3 Operation of Source Emitting Hazardous Air Contaminants
Persons responsible for an air contaminant source emitting
designated hazardous air contaminants shall give utmost care
and consideration to the potential, harmful effects of
emissions resulting from such activities. Evaluation of
these-facilities as to the adequacy, efficiency, and emission
potential will be made on an individual basis by the
Director or his designated representative. Such evaluation
may require any person responsible for a source of air
contaminants to perform such tests as are necessary in the
opinion of the Director.
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(8.0) 36.0 Emergency Regulations
i
36.1 Eoisode Criteria
The pollutant concentrations in the ambient air which would
trigger these control actions were selected primarily from
expected changes in air quality that would result from accumula-
tion and dispersal processes acting at the same time during a
period of continued stagnation. The episode air quality
criteria are presented below:
A. Air Pollution Forecast: An internal watch by the Department
of Air Pollution Control shall be actuated by a National
Weather Service advisory that an Atmospheric Stagnation
Advisory is in effect or the equivalent local forecast
of stagnant atmospheric condition.
B. Alert: The alert level is that concentration of pollutants
at which first stage control actions are to begin. An alert
will be delcared when any one of the following "levels is
reached at any monitoring site:
Sulfur Dioxide (S02) - 800 jag/m3 (0.3 ppm) 24-hour average
Particulate - 3.0 COHs or 375 jjg/nr - 24-^our average
Sulfur Dioxide and Particulate Combined - product of sulfur
dioxide ppm, 24-hour average, and COHs equal to 0.2 or
product of sulfur dioxide - jug/m39 24-hour average equa'i
to 65 x 103. 3
Carbon Monoxide (CO) - 17 mg/m (15 ppm) - 8-hour average
Oxidant (03) - 200 jug/m3 (0.1 ppm) , 1-hour average
Nitrogen Dioxide (N02) - 1,130 pg/m (0.6 ppm) - 1-hour
average, 282/jg/m3 '6.15 ppm) - 24-hour average.
and meteorological conditions are such that the pollutant
concentrations can be expected to rema-'n at the above
levels for twelve (12) or more hours or increase unless
control actions are taken.
•C, Warning: The warning level indicates that air quality is
continuing to degrade and that additional control actions
are necessary. A warning will be declared when any one
of the following levels is reached at any monitorino site:
Sulfur Dioxide (S02) - 1,600 yg/m (.0.6 ppm) - 24-hou1"
average 3
Particulate - 5.0 COHs or 625 ug/m - 24-hour average
Sulfur Dioxide and Particulate Combined - product of
sulfur dioxide ppm, 24-hour average and COHs equal to
0.8 or product of sulfur dioxide pg/m3, 24-hour average3
and particulate ug/m , 24-hour average equal to 26 x 10 .
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2
Carbon Monoxide (CO) - 34 mg/m (30 ppm), 8-hour average
Oxidant (0^) - 800 pg/m3 (0.4 ppm), 1-hour average
Nitrogen Dioxide (NO?) - 2,260 yg/m3 (1.2 ppm), 1-hour
average 565 jug/m3 (0.3 ppm), 24-hour average
and meterological conditions are such that pollutant
concentrations can be expected to remain at the above
levels for twelve (12) or more hours or increase unless
control actions are taken.
D. Emergency: The emergency level indicates that air quality
is continuing to degrade toward a level of significant
harm to the health of persons and that the most stringent
control actions are necessary. An emergency will be
declared when any one of the following levels is reached
at any monitoring site:
Sulfur Dioxide ($02) - 2,100 ug/m3 (0.8 ppm), 24-hour
average ' 3
Particulate - 7.0 COHs or 875 jjg/m , 24-hour average
Sulfur Dioxide and Particulate Combined - product of
sulfur dioxide ppm, 24-hour average and COHs equal to
1.2 or product of S02 jjg/m3, 24-hour average and pacticu-
late ^ug/rn , 24-hour average equal to 393 x 103 x 10
Carbon Monoxide (CO) - 46~mg/m3 (40 ppm), 8-hour average
Oxidant (0^) - 1,200 iig/m (0^6 ppm}, 1-hour average
Nitrogen Dioxide (NO?) - 3,000 jjg/m (1.6 ppm), 1-hour
average; 750 pg/m (0.4 ppm), 24-hour average
and meterological conditions are such that this condition
can be expected to continue for twelve (12) or more hcurs.
E. Termination: Once declared, any status reached by
application of these criteria will remain in effect
until the criteria for that level are no longer met. At
such time, the next lower status will be assumed.
36.2 Emission Reduction Plans - Alert Level
36.3 General
A. There shall be no open burning by any person.
B. The use of incinerators shall not be permitted.
C. 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.
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D. Persons operating motor vehicles should eliminate all
unnecessary operation.
36.4 Source Curtailment
Any person responsible for the operation of a source of air
poillutants listed below shall take all required control
actions for this alert level.
A. Source of Air Pollution
Coal or oil-fired electric power generating facilities.
Control Action
1. Substantial reduction by utilization of fuels having
low ash and sulfur content.
2. Maximum utilization of mid-day (12:oo noon to 4:00 p.m.)
atmospheric turbulence for boiler lancing and soot
blowing.
3. Substantial reduction by diverting electric power
generation to facilities outside of alert area.
B. Source of Air Pollution
Control Action
1. Substantial reduction by utilization of fuels having
low ash and sulfur content.
2. Maximum utilization of mid-day (12:00 noon to 4:00 p.m.)
atmospheric turbulence for boiler lancing and soot
blowing.
3. 'Substantial reduction of steam load demands consistent
with continuing plant operations.
C. Source of Air Pollution
Manufacturing industries cf the following classifications:
Primary Metals Industry Petroleum Refining Operations
Chemical Industries Mineral Processing Industries
Paper and Allied Products Grain Industry
Control Action
1. Substantial reduction of air contaminants from manu-
facturing operations by curtailing, postponing, or
deferring production and all operations.
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2. Maximum reduction by deferring trade waste disposal
operations which emit solid particles, gases, vapors,
or malodorous substance.
3. Maximum reduction of heat load demands for processing.
4. Maximum utilization of mid-day (12:00 noon to 4:00
p.m.) atmospheric turbulence for boiler lancing and
soot blowing.
36.5 Emission Reduction Plans - Warning_Level
36.6 6ene_raj_
A. There shall be no open burning by any person.
B. The use of incinerators shall not be permitted,
C. 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.
D. Persons operating motor vehicles must reduce operations
by the use of car pools and increase use of public trans-
portation and the elimination of unnecessary operation.
36.7 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.
A. Source of Air Pollution
Coal or oil-fired power generating facilities
Control Action
1. Maximum reduction of utilization of fuels having lowest
ash and sulfur content.
2. Maximum utilization of mid-day (12:00 noon to 4:00
, p.m.) atmospheric turbulence for boiler lancing and
' soot blowing.
3. Maximum reduction by diverting electric power to
facilities outside of warning area.
B. Source of Air Pollution
Coal and oil-fired process steam generating facilities.
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Control Action
1. Maximum reduction by utilization of fuels having the
lowest available ash and sulfur content.
2. Maximum utilization of mid-day (12:00 noon to 4:00
p.m.) atmospheric turbulence for boiler lancing and
soot blowing.
3. Making ready for use a plan of action to be taken if
an emergency develops.
C.- Source of Air Pollution
Manufacturing industries which require considerable lead
time for shutdown including the following classifications:
Petroleum Refining
Chemical Industries
Primary Metals Industries
Glass Industries
Paper and Allied Products
Control Action
1. Maximum reduction of air contaminants from manufacturing
operations by, if necessary, assuming reasonable
economic hardship by postponing production and allied
operation.
2. Maximum reduction by deferring trade waste disposal
operations which emit solid particles, gases, vapors,
or malodorous substances.
3. Maximum utilization of mid-day (12:00 noon to 4:00
p.m.) atmospheric turbulence for boiler lancing or
soot blowing.
D. Source of Air Pollution
Manufacturing industries which require relatively short
lead times for shutdown including the following
classifications:
Primary Metals Industries Mineral Processing Industries
Chemical Industries Grain Industry
Control Action
1. Elimination of air contaminants from manufacturing
operations by ceasing, curtailing, postponing, or
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deferring production and allied operations to the
extent possible without causing injury to persons
or damage to equipment.
2. Elimination of air contaminants from trade waste
disposal processes which emit solid particles, gases,
vapors, or malodorous substances.
3. Maximum reduction of heat load demands for processing.
4. Maximum utilization of mid-day (12:00 noon to 4:00
p.m.) atmospheric turbulence for boiler lancing or
soot blowing.
36.8 Emission Reduction Plans - Emergency Level
36.9 General
A. There shall be no open burning by any persons.
B. The use of incinerators shall not be permitted.
C. All places of employment described below shall immediately
cease operation:
1. Mining and quarrying of non-metallic minerals.
2. All construction work except that which must proceed
to avoid eminent physical harm.
3. All manufacturing establishments except those required
to have in force an air pollution emergency plan.
4, Wholesale trade establishments; i.e., places of business
primarily engaged in selling merchandise to retailers,
, to industrial, commercial, institutional, or profess- .
ional users, or to other wholesalers, or acting as
agents in buying merchandise for or selling merchandise
to such persons or companies except those engaged in
the distribution of drugs, surgical supplies, and food.
5. All offices of local, county, and State government
including authorities, joint meetings, and other public
bodies excepting some agencies which are determined by
the chief administrative officer of local, county, or
State government, authorities, joint meetings., and
1 other public bodies to be vital for public safety and
welfare and the enforcement of the provisions of this
order.
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5. All retail trade establishments except pharmacies,
surgical supply distributors, and stores primarily
engaged in the sale of food.
7. Banks, credit agencies other than banks, securities
and commodities brokers, dealers, exchanges and
services; offices of insurance carriers, agents and
brokers, and real estate offices.
8. Wholesale and retail laundries, laundry services and
cleaning and dyeing establishments; photographic
studios; beauty shops, barber shops, and shoe repair
shops.
9. Advertising offices; consumer credit reporting,
adjustment and collection agencies; duplicating,
addressing, blue-printing; photocopying, mailing,
mailing lists and stenographic services; equipment
rental services, commercial testing laboratories.
10. Automobile repair, automobile services, garages.
11- Establishmens rendering amusement and recreation
services including motion picture theaters.
12. Elementary and secondary schools, colleges, universities,
professional schools, junior colleges, vocational
schools, and public and private libraries.
D. All commercial and manufacturing establishmens not included
in this order will institute such actions as will result
in maximum reduction of air pollutants from their
operations by ceasing, curtailing, or postponing operations
which emit air pollutants to the extent possible without
causing injury to persons or damage to equipment.
i i
E. The use of motor vehicles is prohibited except in
emergencies with the approval cf local and/or State
police,
36.10 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.
A. Source of Pollution
Coal and oil-fired electric power generating facilities.
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Control Action
1. Maximum reduction by utilization of fuels having
lowest ash and sulfur content.
2. Maximum utilization of mid-day (12:00 noon to 4:00
p.m.) atmospheric turbulence for boiler lancing and
soot blowing.
3. Maximum reduction by diverting electric power
generation to facilities outside the emergency area.
B. Source of Air Pollution
Coal and oil-fired process steam generating facilities.
Control Action
1, Maximum reduction by reducing heat and steam demands
to absolute necessities consistent with preventing
equipment damage.
2. Maximum utilization of mid-day (12:00 noon to 4:00
p.m.) atmospheric turbulence for boiler lancing and
soot blowing.
3, Taking the action called for in the emergency plan.
C. Source of Air Pollution
Manufacturing industries of the following classifications:
Primary Metals Industries Petroleum Refining
Chemical Industries Mineral Processing Industries
Grain Industry Paper and Allied Products
Control Action
1. Elimination of air contaminants from manufacturing
operations by ceasing, curtailing, postponing, or
deferring production and allied operations to the
extent possible without causing injury to persons
or damage to equipment.
2. Elimination of air contaminants from trade waste
disposal processes which emit solid particles, gases,
vapors, or malodorous substances.
3. Maximum reduction of heat load demands for processing.
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4. Maximum utilization of mid-day (12:00 noon to 4:00
p.m.) atmospheric turbulence for boiler lancing or
soot blowing.
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(50.0) 37.0 Separation of Emissions
37.1 General
If air contaminants from a single source operation are emitted
through two or more emission points, the total emitted quantity
of any air contaminant limited in these regulations cannot
exceed the quantity which would be the allowable emission
through a single emission point; and the total emitted
quantity of such air contaminant shall be taken as the
product of the emission points and the exhaust gas volume
through all emission points, unless the person responsible for
the source operation establishes the correct total emitted
quantity.
(50.0) 38.0 Combination of Emissions
38.1 General
A. If air contaminants from two or more source operations are
combined prior to emission and there are adequate and
reliable means reasonably susceptible to confirmation and
use by the Director for establishing a separation of the
components of the combined emission to indicate the nature,
extent, quantity, and degree of emission arising from each
such source operation, these regulations apply to each such
operation separately.
B. If air contaminants from two or more source operations are
combined prior to emission and the combined emission cannot
be separated according to the requirements of paragraph
38.1 A, these regulations shall be applied to the combined
emission as if it originated in a single source operation
subject to the most stringent limitations and requirements
• placed by these regulations on any of the source operations
whose contaminants are so combined.
(2.0) 39.0 Severability
39.1 General
The provisions of these Regulations are severable and if any
part, section, subsection, clause, paragraph or pharse of these
Regulations shall be adjudged to be invalid or unconstitutional
by any court of competent jurisdication, the judgement shall
not affect, impair or invalidate the remainder of these
Regulations, but shall be confined in its operation to the
part, section, subsection, clause, paragraph or phrase of
these Regulations that shall be directly involved in the
controversy in which such judgment shall have been rendered.
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AIR POLLUTION CONTROL
CHAPTER 3
MEMPHIS CITY CODE
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MEMPHIS CITY CODE
CHAPTER 3
AIR POLLUTION CONTROL
(2.0) Article I. In General
(1.0) Section 3-1 Definitions
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
isi ct&aning devu.ce shall mean any method, process or equipment
which removes, reduces or renders less noxious, air contaminants discharged
into the atmosphere.
contaminant shall mean dust, fumes, mist smoke, other
particulate matter, vapor, gas, odorous substances, or any combination
thereof.
kin contaminant -6oat.ee is any. and all sources of emission of
air contaminants, whether privately or publicly owned or operated. 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 and stations, buildings and other structures of
all types, including multiple family residences, apartment houses, office
buildings, hotels, restaurants, schools, hospitals, churches and other
institutional buildings; automobiles, trucks, tractors, buses and other
motor vehicles; garages; vending and service locations and stations;
railroad locomotives; ships, boats and other waterborne craft; portable
fuel buraing equipment; incinerators of all types, indoor and outdoor;
and refuse dumps,
Ax/: poŁŁuŁŁon is the presence in the outdoor atmosphere of one
or more a'ir contaminants in such quantities, characteristics, or duration
as is or tends to be injurious to human health or welfare, or animal or
plant life or health, or property, or would interfere with the enjoyment
of life or property or the conduct of business.
Boand shall mean the air pollution control hearing board.
Emotion means the act of releasing or discharging air pollutants
into the ambient air from any source.
' FeiAou-5 jobbing cupola shall mean a vertical cylindrical furnace
with tuyeres and tapping spouts near the bottom used for melting iron in
a foundry operating not more than four hours in a day with a process
weight rate not in excess of 20,000 pounds per hour.
FueŁ bu.x.nJ.ng int>tattati.on shall mean any furnace, boiler,
apparatus, stack, and all appurtenances thereto, used in the process pf
burning fuel for the primary purpose of producing heat or power by
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indirect heat transfer.
t
fugitive. duAt shall mean solid, airborne participate matter
emitted from any source other than through a stack.
H&uLth Ve.pasitme.wt is the Memphis and Shelby County Health
Department.
0^-tccA shall mean the Director of the Memphis and Shelby
County Health Department, or his designated representative.
is any equipment, device, or contrivance used for
disposal of waste or refuse by burning.
Opacity shall mean a state which renders material partially or
wholly inpervious to rays of light and causes obstruction of an observer's
view. The percentage opacity of a plume is numerically equal tc twenty
(20) times the Ringelmann number for a plume of black smoke having equi-
valent capacity of obscuration.
Open buA.i'u.ng is unconfined burning of combustible material where
no equipment has been provided and used for control of air for combustion.
Pant-Leu Jtcute. matteA shall mean any material, except water in
uncombined form, that is or has been airborne and exists as a liquid or a
solid at standard conditions.
shall mean any individual, public or private corporation.
political subdivision, agency, board, department or bureau of the state,
municipality, partnership, association, firm, trust, estate, or any other
legal entity whatsoever which is recognized by law as the subject of right
and duties. '
wiJ.Qkt means the total weight of all materials introduced
into any specific process that may cause any emission of particulate matter.
Solid fuels charged are considered as part of the process weight, but
liquid and gaseous fuels and combustion air are not. For a cyclical or
batch operation, the process weight per hour is derived by dividing the
total p'rocess weight by the number of hours in one complete operation
from the beginning of any given process to the completion thereof,
excluding any time during which the equipment is idle. For a continuous
operation, the process weight per hour is derived by dividing the process
weight for a typical period of time,
chant means the chart published and described in the
U.S. Bureau of Mines Information Circular 8333.
Source. means any property, real or personal , which emits or
may emit any air pollutant.
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Stack shall mean any chimney, flue, conduit, or duct arranged
to conduct emissions to the ambient air.
Standard tovidW-OYit> shall mean a dry gas temperature of 70°
Fahrenheit and a gas pressure of 14.7 pounds per square inch absolute.
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(15.0/ Section 3-2 Violations of Chapter-Notice; Citation; Injunctive Relief
(a) Whenever evidence has been obtained or received establishing
that a violation of this code has been committed, the health officer shall
issue a notice to correct the violation or a citation to cease the
violation. Such notice or citation shall briefly set forth the general
nature of the violation and specify a reasonable time, within which the
violation shell be rectified or stopped. If the violation is not
corrected within the time so specified, or the violation stopped, or
reasonable steps taken to rectify the violation, the health officer shall
have the powe1" and authority to issue an order requiring the violator
to cease or suspend operation of the facility causing the violation until
the violation has been corrected, or initiate proceedings to prosecute
the violator for violation of this code.
(b) In the event any person fails to comply with a cease or
suspend operation order, that is not subject to a stay pending administra-
tive or judicial review, the health officer shall institute proceedings
in a court of competent jurisdiction for injunctive relief to enforce the
regulations or orders pursuant hereto.
(15.0) Section 3-3 Penalty
Violation of any provision of this Chapter is declared to
be a misdemeanor and each day of violation shall constitute a separate
offense. Conviction of a misdemeanor is punishable by imprisonment of
not more-than thirty (30) days or fifty dollars ($50.00) fine or both.
Legal authority: Tennessee Code Annotated 53-3423.
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(8.0) Section 3-4 • Emergencies
(a) Any other provisions of the law notwithstanding, if the
health officer finds that a generalized condition of air pollution exists
and that'it creates an emergency requiring immediate action to protect
human health or safety, the health officer shall order persons causing
or contributing to the air pollution to reduce or discontinue immediately
the emission of air contaminants. Upon issuance of any such order, the
health officer shall fix a place and time, not later than twenty-four (24)
hours thereafter, for a hearing to be held before the Air Pollution
Control Hearing Board. Such hearing shall be held in comformity with the
provisions of Section 3-35, insofar as applicable. Not more than twenty-
four (24) hours after the commencement of such hearing, and without
adjournment thereof, the Air Pollution Control Hearing Board shall affirm,
modify or set aside the order of the health officer.
(b) In the absence of a generalized condition of air pollution
of the type referred to in subsection (a) of this section, but if the
health officer finds that emissions from the operation of one or more
air contaminant sources is causing imminent danger to human health or
safety, he may order the person responsible for the operation in question
to reduce or discontinue operations immediately, without reggrd to the
provisions of tliis Chapter. In such event, the requirements for hearing
and affirmance, modification or setting aside of orders set forth in
subsection (a) of this section shall apply.
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(10.0) Section 3-5 New Sources and Modification of Existing Sources of
Air Contamination - Approval Required
(a) No person shall construct a new air contaminant source or
make modifications to an existing air contaminant source or install an
air cleaning device without first having submitted a report and/or plans
and specifications to the health officer for approval prior to the
initiation of construction.
(b) The application for construction approval shall be made on
forms available from the health officer not less than ninety (90) days
prior to the estimated starting date of construction.
(c) In the event the requirement for approval prior to construc-
tion will create an undue hardship to the applicant, the applicant may
request of the health officer a waiver to proceed with construction. The
application for a waiver shall explain the circumstances which will cause
such undue hardship.
(d) If a waiver is granted the applicant shall submit a report
and/or plans and specifications for approval as soon as is reasonably
practical. The applicant, after a waiver is granted, proceeds with
construction at his own risk; and if after construction, modification,
relocation or installation has begun or been completed, the report
and/or plans and specifications and completed installations do not meet
the health officer's approval, the alterations required to effect such
approval shall be made within a reasonable time, as specified by the
health officer.
(e) The health officer will acknowledge receipt of the report
and/or plans and specifications within one week of the receipt and will
estimate the time necessary for processing. The health officer will
notify, the applicant in writing of his approval, or denial.
(f) Reports and or plans and specifications will be approved,
and a construction permit issued, only when it appears that they are in
accordance with engineering guides acceptable to the health officer and
provided that the emissions from the proposed air contaminant source
will not prevent the attainment and maintenance of the ambient air quality
standards as set forth in Section 3-15 of this Chapter.
(g) In the event of the denial of an application, the applicant
will be notified in writing of the reasons thereof. All denials shall be
without prejudice to the applicant's request for a hearing before the
health officer or for filing a further application after revisions are
made to meet the objections specified as the reason for the denial.
(h) Construction approvals issued under this section are based
on the control of air contaminants only and do not in any way affect the
applicant's obligation to obtain necessary permits from other governmental
agencies.
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(3.0) Section 3-6 Operating Permits
(a) Any person operating a facility constructed or modified
in accordance with Section 3-5 of this Chapter shall receive an Operating
Permit from the health officer within thirty (30) days after said
facility is placed in operation.
(b) Any person operating an air contaminant source constructed
on or before the effective date of this regulation shall file an application
for an Operating Permit with the health officer on or before January 1,
1973.
(c) Application of an Operating Permit shall be made on forms
available from the health officer and shall include as a minimum the
following information for each source: total weight of contaminants
released each day; period or periods of operation; composition of the
contaminant; physical state of the contaminant; temperature and moisture
content of the air or gas stream in which the contaminant is contained;
characterization of the variability of the contaminant with respect to
rate, composition, and physical characteristics; height, velocity, and
direction of the air or gas stream at the point where released to the
atmosphere, and such other information as specifically required by the
health officer. Where an air or gas cleaning device is incorporated in
the air or gas stream preceding discharge to the atmosphere, the weight
of the material removed by the cleaning device as well as the weight of
the material emitted shall be stated.
(d) The Operating Permit shall only be issued on evidence
satisfactory to the health officer that the operation of said facility
is in compliance with the regulations of this Chapter or directives of
the health officer. Such evidence may include a requirement that the
applicant conduct such tests as are necessary in the opinion of tha health
officer to determine the kind and amounts of contaminants emitted from the
equipment or air cleaning device.
' (e) Operating Permits shall be valid for a period of one (1)
year or for such longer period of time as the health officer may designate.
A permit issued for a period of less than one (1) year shall be designated
as a Temporary Permit. The application for renewal of an Operating
Permit shall be filed with the health officer not less than thirty (30)
days prior to the expiration of an existing Operating Permit.
(f) Operation of each facility shall be in accordance with the
provisions and stipulations set forth in the Operating Permit.
1 (g) An Operating Permit is not transferable from one person to
another person nor from one facility to another facility without prior
approval from the health officer.
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(h) The health officer may suspend or revoke either a Con-
struction or an Operating Permit if the permit holder fails to comply
with the provisions, stipulations, or compliance schedules provided in
the permit. Suspension or revocation of a Construction or an Operating
Permit shall become final ten (10) days after service of notice, exclusive
of the day of service, on the holder thereof.
(i) No person shall willfully cause or permit the installation
or use of any device or use of any means which, without resulting in a
reduction ,in the total amount of air contaminants emitted, conceals or
appears to minimize the emission of air contaminants which would other-
wise violate these regulations. Air introduced for dilution purposes
only is considered a circumvention of these regulations.
(j) No person shall be required to obtain or file a request
for an Operating Permit due to ownership or operation of the following
air contaminant sources unless specifically required to do so by the
health officer:
(1) Mobile sources such as: automobiles, trucks, buses, locomotives,
planes and boats.
(2) Fuel burning equipment of less than 500,000 BTU per hour capacity.
(3) Sources discharging less than 0.5 pounds per hour of non hazardous
particulates from a single stack or less than 0.5 pounds per hour of
non hazardous particulates from two or more stacks, whichever is
more restrictive.
(4) Equipment used on farms for soil preparation, tending, or harvesting
of crops or for preparation of feed to be used on the farm where
prepared.
(5) Operations exempted under Section 3-16 (Open Burning) of these
regulations.
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(9.0) Section 3-7 Sampling and Testing to Establish Air Contaminant Levels
(a) The health.officer may at his discretion require the
applicant for an Operating Permit to conduct or have conducted such tests
as are necessary to determine the amounts of air contaminants emitted
from any equipment or air cleaning device constructed or installed after
the effective date of these regulations. Such tests shall be made at the
expense of the applicant and shall be conducted by the most current
method described in the Federal Register or by an equivalent method
approved by the health officer.
(b) The health officer may conduct or cause to be conducted
any test or tests of any equipment or air cleaning device constructed
or installed on or before the effective date of these regulations if
in his opinion the operations of such equipment or air cleaning device
will result in emissions in excess of the limitations prescribed in this
Chapter.. Such tests shall be conducted by the most current method
described in the Federal Register or by an equivalent method approved
by the health officer. If such tests are conducted by the owner of
the equipment or air cleaning device, or by his agent, such tests
shall be made at the expense of the owner, and the health officer may
require that such tests be conducted in the presence of his representa-
tive.
(c) The person responsible for the equipment or air cleaning
device to be tested shall provide, at his expense, reasonable and
necessary openings in the system or stack and safe and easy access
thereto, to permit technically valid samples and measurements to be
taken.
(d) The health officer may require the owner or operator of
an air contaminant source, as a condition of his Operating Permit, tc
conduct or have conducted periodic tests to establish the amount of
air contaminants emitted. The nature, extent and frequency of such
required testing shall be specified in the Operating Permit. Such
tests shall be made at the expense of the owner or operator and shall
be conducted by the most current method described in the Federal .
Register or by an equivalent method approved by the health officer.
The health officer shall be supplied with such data as stipulated
in the Operating Permit.
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(9.0) Section 3-8 Monitoring of Source Emissions, Records, Reporting
(a) The health officer may require the owner or operator of
any air contaminant source to install, use, and maintain such monitoring
equipment as the health officer may prescribe; sample such emissions in
accordance with methods as the health officer shall prescribe; and
establish and maintain such periodic emission reports as required by the
health officer.
(b) Each owner or operator of any air contaminant source
directed by the health officer to monitor and report on specified air
contaminants shall develop and submit a detailed monitoring program;
and order and install sampling equipment within the following time
schedule:
(1) Within sixty (60) days after designation by the health officer
of those air contaminants to be monitored, the owner or operator
of the air contaminant source shall submit a detailed monitoring
program for approval by the health officer.
(2) Within thirty (30) days after the monitoring program has been
approved in writing by the hearing officer, sampling and
monitoring equipment shall be ordered.
(3) Within ninety (90) days after delivery of the equipment the
owner or operator of the air contaminant source shall place
said equipment in effective operation in accordance with its
approved monitoring program.
(c) Records and reports as the health officer shall require
on air contaminants or fuel shall be recorded, compiled, and submitted
in a format as presribed by the health officer.
(d) Any records, reports, or information obtained under this
Section shall be available to the public, except that upon a showing
satisfactory to the health officer by any person that records, reports4
or information, or particular part thereof, (other than emission data) to
which the health officer has access if made public would divulge produc-
tion or sales figures or methods, processes or production unique to
such person, or would otherwise tend to affect adversly the competitive
position of such person by revealing trade secrets, the health officer
shall consider such record, report, or information or particular
portion thereof confidential in the administration of this Chapter.
Nothing herein shall be construed to prevent disclosure of such report,
record, or information to Federal, State, or local air pollution control
laws, or when relevant in any proceeding under this Chapter.
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(7.0) Section 3-9 Malfunction of Equipment. Reports Required
(13.0)
(a) In the case of shutdown of air pollution control equipment
for necessary scheduled maintenance, the intent to shutdown such equip-
ment shall be reported to the health.officer 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 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 such as the use of off-shift labor and equipment that will
be taken to minimize the length of shutdown period.
(5) The reasons that it would be impossible or impractical to shutdown
the source operation during the maintenance period.
(b) When any emission source, air pollution control equipment,
or related facility breaks down in such a manner as to pause the emission
of air contaminants for an anticipated or actual duration of at least
twenty-four (24) hours in violation of these regulations, the person
responsible,for such equipment shall immediately notify the health officer
of such failure or breakdown and provide a statement giving all pertinent
facts, including the estimated duration of the breakdown. The health
officer shall be notified when the condition causing the failure or
breakdown has been corrected and the equipment is again in operation.
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(5.0) Section 3-10 Variances
(a) Any person who owns or is in control of any plant, building,
structure, establishment, process or equipment including a group of
persons who owns or controls like processes or like equipment may apply
to the Air Pollution Control Hearing Board, hereinafter referred to as
"the Board", for a variance from rules or regulations governing the
quality, nature, duration or extent of discharge of air contaminants.
The application shall be accompanied by such information and data as the
Board may require. The hearing held hereunder shall be conducted in
accordance with the rules of evidence as set forth in Section 3-35 of
this Chapter as now or hereafter amended. The Board may grant such
variance, but only after public hearing on due notice, if it finds that:
(1) The emissions occurring, or proposed to occur do not endanger or
tend to endanger human health, safety, or welfare, or do not cause
or tend to cause property damage.
(2) Compliance with the rules or regulations from which variance is
sought would produce serious hardship without equal or greater
benefits to the public.
(b) No variance shall be granted or denied pursuant to this
section until the Board has considered the relative interests of the
applicant, other owners of property likely to be affected by the discharges
and the general public.
(c) Any variance or renewal thereof shall be granted within the
requirements of subsection (a) for time periods and under conditions
consistent with the reasons therefor, and with the following 1 irritations:
(1) If the variance is granted on the grounds that there is no practicable
means known or available for the adequate prevention, abatement, or
control of the air pollution involved, the variance shall be permitted
only until the necessary means for prevention, abatement, or control
become known and available, and the variance shall be subject to
the taking of any sutstitute or alternate measures that the Beard may
prescribe.
(2) If the variance is granted on the ground that compliance with the
particular requirement or requirements from which variance is sought
will necessitate the taking of measures which, because of their extent
or cost, must be spread over a considerable period of time, it shall
be for a period not to exceed such reasonable time as, in view of the
Board, is requisite for the taking of necessary measures. A variance
granted on the ground specified herein shall contain a timetable for
the taking of action in an expeditious manner and shall be conditioned
on adherence to such timetable.
(3) Any variance or renewal granted shall be for a time period rot to
exceed one (1) year.
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(d) Any variance granted pursuant to this section may be
renewed on terms and conditions and for periods which would be appropriate
on initial granting of the variance. If complaint is made to the Board
on account'of the variance, no renewal thereof shall be granted, unless,
following public hearing on the complaint, the Board finds that renewal
is justified. No renewal shall be granted except on application therefor.
Any such application shall be made at least sixty (60) days prior to the
expiration of the variance. Immediately upon a receipt of an application
for renewal, the Board shall give public notice of such application in
accordance with rules and regulations of the Board.
(e) A variance or renewal shall not be a right of the applicant
or holder thereof, but shall be in the discretion of the Board. However,
any applicant adversely affected by the denial or the terms and conditions
of the granting of an application of a variance or renewal of a variance
by the Board may obtain judicial review thereof in a court of competent
jurisdiction.
(f) Nothing in this section and no variance or renewal granted
pursuant hereto shall be construed to prevent or limit the application of
the emergency provisions and procedures of Section 3-4 of this Chapter
to any person or his property.
Sections 3-11, 3-12, 3-13, 3-14. Reserved.
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(2.0) Article II. Regulations
(4.0) Section 3-1 § Ambient Air Quality Standards
These ambient air quality standards, as shown in Table 1 shall
not be construed, applied or interpreted to allow any deterioration of
the existing air quality.
(51.13) Section 3-16 Open Burning
(a) No person shall cause, suffer, allow cr permit open
burning of refuse, garbage, trade waste, trees, limbs, brush, or materials
from salvage1 operations.
(b) Open burning as listed below may be conducted without
permit subject to fire department approval and provided further that no
public nuisance is or will be created by the open burning.
(1) Fires used for the cooking of food or for ceremonial or recreational
purposes including barbecues and outdoor fireplaces.
(2) Fires set for the training and instruction of firemen or for research
in fire protection or prevention.
(3) Smokeless flares or safety flares for the combustion of waste gases
provided other applicable sections of this chapter are met.
(c) Exceptions to subsection (a) may be permitted if all of
the following conditions are met:
(1) A request is filed with the health officer giving the reason why no
method except open burning can be employed to dispose of the material
involved, the amount and kind of material to be burned, the exact
location where the burning will take place, and the dates when the
open burning will be done.
(2) Approval is received from the health officer.
(3) Permission is secured from the fire department in the jurisdiction
involved.
(4) The burning will be done between the hours of 9:00 a.m. and 4:00 p.m.
or as authorized by the health officer.
(d) This grant of exemption will not relieve the person respon-
sible for such burning from the consequences of any damages, injuries, or
claims resulting from such burning.
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(50.1.2/Section 3-17 • Regulation of Visible Emissions
(a) As used in this section, existing air contaminant source
refers to such sources as were in operation or under construction on
May 27, 1969, and new air contaminant sources refers to such sources as
began construction after the effective date of these regulations.
(b) No person shall cause, suffer, allow or permit to be
discharged i,nto the atmosphere from any new air contaminant source,
visible emissions with a density greater than No. 1 on the Ringelmann
Chart or an opacity in excess of twenty (20) percent.
(c) No person shall cause, suffer, allow or permit to be
discharged into the atmosphere from any existing air contaminant source,
excepting incinerators, with a density greater than No. 2 on the Ringelmann
Chart or an opacity in excess of forty (40) percent.
(d) On or after July 1, 1975, the provisions of subsection (c)
shall no longer be applicable and all air contaminant sources shall be
considered as' new sources for the purpose of this section.
(e) No person shall cause, suffer, allow or permit to be dis-
charged into the atmosphere from any incinerator, visible emissions with
a density greater than No. 1 on the Ringelmann Chart or an opacity in
excess of twenty (20) percent.
(f) Subsections (b) and (c) of this section shall not apply
to smoke emitted during the cleaning of a fire, the building of a new fire
or the blowing of soot from boiler surfaces, the shade or appearance of
which is not darker than that designated as No. 3 on the Ringelmann Chart
for a period or periods aggregating no more than three (3) minutes in
any thirty (30) consecutive minutes.
(g) This section shall not apply when the presence of uncombined
water is the only reason for the failure of the emission to meet the
requirements of this section.
(h) This section shall not apply to visible emissions from
fuel burning equipment used exclusively to provide space heating in a
building containing not more than two (2) dwelling units.
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(50.1) Section 3-18 Fugitive Dust
No person shall cause, suffer, allow or permit any materials
to be handled, transported, or stored; or a building, its appurtenances,
or a road to be used, constructed, altered, repaired or demolished with-
out taking reasonable precautions to prevent particulate matter from
becoming airborne. Such reasonable precautions shall include, but not
be limited to, the following:
(1) Use, where possible, 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;
(2) Application of asphalt, oil, water, or suitable chemicals on
material stockpiles, and other surfaces which can create airborne
dusts;
(3) 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;
(4) Covering, at all times when in motion, open bodied trucks transporting
materials likely to become airborne;
(5) Conduct of agricultural practices such as tilling of land, applica-
tion of fertilizers, etc. in such manner as to not create a nuisance
to others residing in the area.
(6) The paving of roadways and their maintenance in a clean condition.
(7) The prompt removal of earth or other material from paved street which
earth or other material has been transported thereto by trucking
or earth moving equipment or erosion by water.
(50.7) Section 3-19 Nuisance Abatement
, When dust, fumes, gases, mist odorous matter, vapors, or any
combination thereof escape from a building or equipment in such a manner
and amount as to cause a nuisance or to violate any regulation, the health
officer may order that the building or equipment in which processing,
handling and' storage are done be tightly closed and ventilated in such a
way that all air and gases and air or gas-borne material leaving the
building or equipment are treated by removal or destruction of air
contaminants before discharge to the open air.
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(50.1.1)Section 3-20 Regulation of Process Particulate Emissions
(a) As used in this section, existing air contaminant sources
refers to such sources as were in operation or under construction on the
effective date of these regulations and new air contaminant sources refers
to such sources as began construction after the effective date of these
regulations.
(b) On or after July 1, 1972, no person shall cause, suffer,
allow or permit the emission of particulate matter in any one hour from
any existing air contaminant source in excess of the amount shown in
Table 2 (section 3-27) for the process weight rate allocated to such
source.
(c) No person shall cause, suffer, allow or permit the emission
of particulate matter in any one hour from any new air contaminant source
in excess of the amount shown in Table 3 (section 3-27) for the process
weight rate allocated to such source.
(d) Irrespective of the maximum allowable emission as deter-
mined by the Process Weight Table 2 or Table 3 (section 3-27), the concen-
tration of particulate process emission shall not be required to be less
than 0.02 grains per standard cubic foot of stack gases unless a lesser
concentration is found by the health officer to be necessary.
(e) Irrespective of the maximum allowable emission as determined
by the Process Weight Table 2 and Table 3 (section 3-27), the maximum
allowable concentration of particulate process emission shall be 0.25
grains per standard cubic foot of stack gases.
(f) Whenoneor more sources are emitting particulates at rates
in conformity with applicable maximum allowable emission rates and the
ambient air quality standard for particulate matter is being exceeded,
the health officer shall be responsible for setting an appropriate
emission standard for each source contributing to the particulate matter
in the ambient air, at such value as the health officer may consider
necessary to achieve the desired air quality.
(51.4) Section 3-21 Regulation of Particulate Matter from Ferrous Jobbing Cupolas
On or after July 1, 1973, no person shall cause, suffer, allow
or permit the emission of particulate matter in any one hour from any
existing ferrous jobbing cupola in excess of the amount shown in Table 4
(section 3-27), for the process weight rate allocated to such source.
Existing cupola refers to any cupola in operation or under construction
on the effective date of these regulations.
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(51.5) Section 3-22 Regulation of Particulate Matter from Fuel Burning
Installations
No person shall cause, suffer, allow or permit particulate
emissions in excess of the limitation set forth in this section.
(a) For fuel burning installations constructed on or before
the effective date of these regulations having a total plant heat input
up to and including 4,000 million BTU per hour, the maximum allowable
particulate emission shall be determined from Fiqure 1, existing curve
(section 3-27) and shall be achieved by July 1, 1973.
(b) For fuel burning installations constructed on or before the
effective date of these regulations having a total plant heat input in
excess of 4,000 million BTU per hour, the maximum allowable particulate
emission shall be determined from Figure 1, existing curve (section 3-27),
and shall be achieved by July 1, 1974.
(c) For fuel burning installations constructed after the
effective date of these regulations, the maximum allowable particulate
emission shall be determined by Figure 1, new curve (section 3-27), based
on the total plant heat input to one or more stacks. This allowable
emission standard must be attained at the time such fuel burning installa-
tion begins operation.
(51.9) Section 3-23 Regulations of Particulate Matter from Incinerators
(a) No person shall cause, suffer, allow or permit the emissions
of any incinerator having a charging rate of 2,000 pounds per hour or less,
fly ash or other particulate matter in quantities exceeding 0.2 grains per
cubic foot of flue gas at standard conditions corrected to 12 percent
carbon dioxide by volume excluding the contribution of auxiliary fuel.
i
(b) No person shall cause, suffer, allow or permit the emissions
from any incinerator having a charging rate greater than 2,000 pounds per
hour, fly ash or other particulate matter in quantities exceeding 0.1 grains
per standard cubic foot of flue gas at standard conditions corrected to
12 percent carbon dioxide by volume excluding the contribution of
auxiliary fuel.
(c) No person shall cause, suffer, allow, or permit the emissions
of particles of unburned waste or ash from any incinerator which are
individually large enough to be visible while suspended in the atmosphere.
(d) No person shall construct, install, use or cause to be
used any incinerator which will result in odors being detectable by sense
of smell in any area of human use or occupancy.
(e) No person shall install or construct an incinerator to be
used for disposal of combustible waste from dwelling units if such incinera-
tor is to be used to burn such wastes produced^by fewer than twenty-five
(25) dwelling units.
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(f) No person shall use or cause to be used any incinerator
unless all components connected to or attached to, or serving the incinera-
tor, including control apparatus, are functioning properly and are in use.
Incinerators shall be operated so as to comply with recognized good
practices.
(g) Incinerators having 2.5 cubic feet furnace volume or less
used solely for the disposal of infective dressings and other similar
material shall not be required to meet these emission standards.
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(51.6) Section 3-24 Sulfur Dioxide
(a) No person shall cause, suffer, allow or permit the
emissions from any fuel burning installation constructed after the
effective date of these regulations, gases containing more than 620
parts per million by volume (dry basis), corrected to 15 percent
excess air, of sulfur oxides calculated as sulfur dioxide.
(b) After July 1, 1973, no person shall cause, suffer,
allow or permit the emissions from any fuel burning installation in
operation on or under construction prior to the effective date of these
regulations, gases containing more than 2000 parts per million by
volume (dry basis), corrected to 50 percent excess air, of sulfur
oxides calculated as sulfur dioxide. All existing fuel burning installa-
tions must upgrade to comply with the new emission limit of 620
parts per million by volume (dry basis), corrected to 15 percent excess
air, of sulfur oxides calculated as sulfur dioxide by July 1, 1975.
(c) No person shall cause, suffer, allow or permit the
emissions from any air contaminant source, excluding fuel burning
installations, constructed after the effective date of these regula-
tions, in excess of 500 parts per million by volume (dry basis) of
sulfur oxides calculated as sulfur dioxide.
(d) After July 1, 1973, no person shall cause, suffer,
allow or permit the emissions from any air contaminant source,
excluding fuel burning installations, in operation or under construc-
tion prior to the effective date of these regulations, gases contain-
ing more than 2000 parts per million by volume (dry basis) of sulfur
oxides calculated as sulfur dioxide. All existing air contaminant
sources must upgrade to comply with the new source emission limit of
500 parts per ir.illion by volume (dry basis) of sulfur oxides calculated
as sulfur dioxide by July 1, 1975.
(e) Emission of sulfur oxides from sources constructed on
or before the effective date of these regulations and exceeding the
limit for such source as given in subsection (b) or (d) of this section,
shall not be in violation of this section provided terms (1) or (2)
along with terms (3) and (4) of this subsection are met.
(1) The owner or operator of a source emitting sulfur oxides shall
demonstrate by ambient air monitoring that the source does not
contribute to ground level concentrations of sulfur oxides in
excess of eighty (80) percent of the secondary ambient air
quality standard of section 3-15 of these regulations. Such
ground level concentrations shall be determined by at least
three (3) continuous recording sulfur dioxide monitoring stations
and at least one recording meteorological station equipped to
record wind speed and direction in the area surrounding the
source. The air monitoring network must be approved by the
health officer.
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(2) The owner or operator shall demonstrate by calculation that the
source does not cause or contribute to ground level concentrations
of sulfur oxides in excess of eighty (80) percent of the secondary
ambient air quality standard of section 3-15 of these regulations.
Such ground level concentrations shall be determined by calculation
utilizing a method(s) approved by the health officer. A sufficient
number of ambient air monitors will be required to validate the
calculated data.
(3) The owner or operator of an air contaminant source shall submit
to the health officer a monthly summary of ground level concentrations
as monitored cr calculated in a format prescribed by the health
officer. In addition, the air monitoring instruments shall be
available fot observation and testing by the health officer upon
request.
(4) By October 1, 1972, the owner or operator of an air contaminant
source in operation on the effective date of these regulations
shall indicate in writing to the health officer, that the owner
or operator wishes to utilize the option provided in this sub-
section in lieu of meeting the emission standards. Should an
owner or operator fail to indicate his intention by the prescribed
date, the emission standards shall apply.
(5) The options provided in this subsection shall not apply after
July 1, 1977.
(f) When on or more sources are emitting sulfur oxides at
rates in conformity with applicable maximum allowable emission rates, and
the ambient,air quality for sulfur dioxide is being exceeded, the health
officer shall be responsible for setting emission standards for sources
contributing to the sulfur oxides in the ambient air at such value
as the health officer may consider necessary to achieve the desired
air quality!
(g) When ambient air concentrations of sulfur dioxide have
been determined to exceed applicable ambient air quality standards of
section 3-15, the option provided in subsection (e) of this section
shall not apply,
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(11.0) Section 3-25 Hazardous Air Contaminants
(a) Hazardous air contaminants are any air contaminants
which may cause or contribute to, an increase in mortality or an increase
in serious irreversible, or incapacitating reversible illness. The
health officer may from time to time, without public hearing, designate
hazardous air contaminants and establish emission standards for such
hazardous air contaminants as they are defined in the Federal Register.
' (b) The owner or operator of one or more sources of
hazardous air contaminants in existence on the date of designation of
a hazardous air contaminant shall, within six (6) months from that date,
file with the health officer information necessary to allow the
evaluation of the air pollution potential of such emissions.
(10.0) Section 3-26 Performance Standards for New Stationary Sources
Any person planning to construct a new installation, which
might reasonably be expected to contribute to air pollution, or make
modifications to an existing installation, which will or might reason-
ably be expected to increase or change the characteristics of the air
contaminants discharged, shall comply with standards of performance
for new stationary sources as such standards are published from time
to time in the Federal Register.
Section 3-27 Figure 1; Table 1, Table 2, Table 35 and Table 4.
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1 • » I I • 11
I
vo
i
100 • tooo 10.000 •
TOTAL INPUT ~ MILLIONS OP BTU PER HOUR
MAXIMUM PERMISSIBLE EMISSION OF FLY ASH AND OTHER PARTICULATE MATTER FROM FUEL BURNING INSTALLATIONS
-a
§
M
g
3
SB
s
-------
TABLE I
AMBIENT AIR QUALITY STANDARDS
Contaminant
Suspended
Particulates
Sulfur
Dioxide
Carbon
Monoxide
Photo-
Chemical
Oxidant
'Hydro-
carbons
[non-methane)
Nitrogen
Dioxide
Primary Standard Secondary Standard
Concentration
3
ug/rr,
75
260
80
365
10,000
40: 000
160
i 160
100
pp.m
by vol .
• ••
0.03
0.14
9.0
35.0
0.08
0.24
0.05
Averaging
Interval
AGM
24 hr.
AAM
24 hr.
8 hr.
1 hr.
1 hr.
3 hr.
a.m.
AAM .
Concentration
ug/m
60
150
60
260
1,300
10,000
40,000
160
160
•100
ppm
by vol .
—
0.02
0.139
0.5
9.0
35.0
0.08
0.24
0.05
Averaging
Interval
AGM
24 hr.
AAM
24 hr.
3 hr.
8 hr.
1 hr.
1 hr.
3 hr.
a.m.
AAM
-
* The hydrocarbon standard is for use as a guide in devising implementation
plans to achieve oxidant standards.
Notes: 1. All values other than annual values are maximum
concentrations not to be exceeded more than once
> per year.
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2. PPM values are approximate only*
3. All concentrations relate to air at standard
conditions of 25° C temperature and 760 mi Hi'
meters of mercury pressure.
3 • ' ;--: - "•
4. ug/m - micrograms per cubic meter.
5. AGM - Annual Geometric Mean.
6. AAM - Annual Arithmetic Mean.
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TABLE 2
EXISTING PROCESS EMISSION SOURCES
ALLOWABLE RATE OF EMISSION BASED ON
PROCESS WEIGHT RATEa
Process Weight Rate Rate of Emission Process Weight Rate Rate of Emission
Lb/Hr Lb/Hr Lb/Hr Lb/Hr
100
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
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
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7
12,000 13.6
Interpolation of the data in this table for process weight rates up to
60,000 Ib/hr shall be accomplished by use of the equation:
E'=4'.10P°'67
and interpolation and extrapolation of the data from process weight rates
in excess of 60,000 Ib/hr shall be accomplished by use of the equation:
E = 55.0 P 0<11 -40
Where E = rate of emission in Ib/hr
P = process weight in tons/hr.
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TABLE 3
NEW PROCESS EMISSION SOURCES
ALLOWABLE RATE OF EMISSION,BASED ON
PROCESS WEIGHT RATE
Process Weight Rate
Lb/Hr
50
100
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
Rate of Emission
Lb/Hr
0.03
0.55
0.86
1.32
1.70
2.03
2.34
3.00
3.59
4.12
4.62
5.08
5.52
6.34
7.09
7.81
8.5
9.1
9.7
10.9
Process Weight Rate
Lb/Hr
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
Rate of Emission
Lb/Hr
13.0
14.0
15.0
19.2
23.0
26.4
29.6
30.6
31.2
31.8
32.4
33.3
34.2
34.9
36.1
46.7
Interpolation of the data in Table 2 for the process weight rates up to
60,000 Ibs/Jir shall be accomplished by the use of the equation:
E = 3.59 P°'62 P 5 30 tons/hr
and interpolation and extrapolation of the data for process weight rates in
excess of 60,000 Ibs/hr shall be accomplished by use of the equation:
E = 17.31 P°'16 P =- 30 tons/hr
Where: E = Emissions in pounds per hour
P = Process weight rate in tons per hour
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TABLE 4
ALLOWABLE RATE OF PARTICULATE EMISSION BASED
ON PROCESS WEIGHT RATE
EXISTING FERROUS JOBBING CUPOLAS
Process Weight Maximum Weight
(#/hr) Discharge
Whr)
l.UOO 3.05
2,000 4.70
3,000 6.35
4,000 8.00
5,000 9.58
6,000 11.30
7,000 12.90
8,000 14.30
9,000 15.50
10,000 16.65
12,000 18.70
16,000 21.60
18,000 23.40
20,000 25.10
The emission rate for a process weight intermediate to
those shown in the Table shall be determined by linear
interpolation.
Sections • 3-28, 3-29, 3-30, 3-31, 3-32, 3-33, 3-34. Reserved,
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(16.0) Article III. Air Pollution Control Hearing Board
(16.0) Section 3-35 Created; Membership; Term of Office; Jurisdiction;
Hearings; Appeals .
(a) There is hereby created the Memphis and Shelby County
Air Pollution Control Board, hereinafter referred to as "the Board" to
be composed of seven (7) members to be appointed jointly by the Mayor
of the City of Memphis and the Shelby County Commissioner of Health
and confirmed by both the Memphis County Council and the Shelby County
Quarterly Court. The Board shall consist of the following: One
professional engineer knowledgeable in the field of air pollution
control, one physician licensed to practice in Tennessee, one
attorney licensed to practice law in Tennessee, a prepresentative of
industry at large, and such other citizen members as may be appointed,
except that industry may have no more than two representatives. No
member of the Board shall hold any elective office or receive any
governmental salary. All members shall serve without compensation.
(b) The terms of members shall be four (4) years except
that of the initially appointed members, two shall serve for four (4)
years, two shall serve for three (3) years, two shall servce for two
(2) years and one shall serve for one (1) year as designated at the
time of appointment. Whenever a vacancy occurs, the vacancy shall be
filled for the unexpired term in the same manner as the original
appointment. Initial appointments shall be for terms expiring June
1, 1973.
(c) The Board shall select annually a chairman from among
its members. The Board shall hold at least four (4) regular meetings
each year and such additional meetings as the chairman deems necessary.
The health officer shall act as secretary to the Board and shall keep
records of its hearings and other official actions. All hearings
shall be held before and not less than a majority of the Board.
(d) The Board is hereby vested with the following
jurisdication and authority:
(1) Grant, deny or revoke variance applications.
(2) To decide appeals from any decisions, rulings, or determinations
of the health officer or his designated representative under this
chapter.
(3) To hear appeals arising from the failure of the health officer
or his .designated representative to act within a reasonable period
on complaints under this chapter.
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(e) Any person seeking a variance from the provisions of
this chapter or any person taking exception to and who is uniquely
affected by any decision, ruling, requirement, rule, regulation, or
order of the health officer or by his failure to act within a reason-
able amount of time may take an appeal to the Board as established by
this section. Such appeals shall be made within fifteen (15) days after
receiving notice of such decision, ruling, requirement, rule,
regulations, or order or failure to act by filing a written notice of
appeal directly to the Board specifying the ground thereof and the
relief requested. Such an appeal shall a'ct as a stay of the decision,
ruling, requirement, rule, regulation, or order in question until
the Board has taken final action on the appeal, except when the
health officer has acted under section 3-4, "Emergency Order." The
Board, not less than thrity (30) days after the date of filing an
appeal, shall set a date for the hearing and shall give notice
thereof, by mail to the interested parties.
(f) Hearings before the Board shall be conducted in the
following manner:
(1) Notice of any and all hearings shall be given at least fifteen (15)
days prior to the scheduled date of the hearing by public advertise-
ment in a newspaper of general circulation in Memphis, Tennessee
giving the date, time, place and purpose of the hearing.
(2) The chairman of the Board shall act as the hearing examiner to
conduct such hearing.
(3) Any person seeking a variance of any party who is uniquely
affected by the action of the health officer or his failure to
act, may'appear in person or by agent or attorney and present
evidence both written or oral perinent to the questions and issues
involved and may examine and cross examine witnesses.
i
(4) All testimony shall be under oath and recorded. The Board is
authorized to have all testimony transcribed and a transcript of
such testimony, if transcribed, shall be made available to the
respondents or any party to the hearing upon payment of the normal
fee, which shall not exceed the cost of transcribing such testi-
mony . i
(5) After due consideration of the written and oral statements, the
testimony and arguments submitted at the hearing upon such com-
plaint, or, upon default in appearance of the respondent on the
return date specified in the formal notice of complaint, the Board
shall issue and enter such final order to make such final
determination as it shall deem appropriate, and shall immediately
notify the respondent thereof, in writing, by certified mail. Such
order or determination shall be approved by at least a majority
of members to which the Board is entitled.
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(6) Upon failure of the Board to enter a final order or determination
within sixty days after the final argument of any such hearing,
the respondent shall be entitled to treat for all purposes such
failure to act as a finding favorable to the respondent.
(7) The burden of proof in such hearing shall be on the health
officer,or his duty authorized representative.
(8) Any person aggrieved by any final order or determination of
the Board hereunder shall have judicial review thereof by common
law writ of certiorari. No judicial review shall be available
until and after all administrative remedies have been exhausted.
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METROPOLITAN HEALTH DEPARTMENT
The Code of The
Metropolitan Government Of
Nashville and Davidson County, Tennessee
-205-
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(1.0) Section 4-1-1. Definitions
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Air contaminant. Any particulate matter or any gas or vapor or any
combination thereof.
Air Pollution. The presence in the outdoor atmosphere of one or
more air contaminants in such quantities, characteristics or duration
as is or tends to be injurious to human health or welfare, or animal
or plant'life or health, or property, or would interfere with the
enjoyment of life or property.
ASME. The American Society of Mechanical Engineers.
ASTM. The American Society of Testing and Materials.
Board. The Metropolitan Board of Health.
Breeching. Any conduit for the transport of products of combustion
or processes' to the atmosphere or to any intermediate device before being
discharged into the atmosphere. Such term does not include the chimney
or stack.
Cleaning fires. The act of removing ashes from the fuel bed or
furnace.
Continuous monitoring. The sampling and analysis of air contaminants
in a continuous or timed sequence, using techniques which will adequately
effect actual emission levels or ambient concentrations on a continuous
basis.
Department, The department of health of the Metropolitan
Government, including the Board, agents, employees, and divisions.
Director. The chief administrative officer of the Metropolitan
Board of Health or his designated representative.
Emission. The act of releasing or discharging air pollutants into
the ambient air from any source.
Existing source. Any equipment, machine, device, article, contri-
vance, or installation which was in existence on the effective date of
this chapter, except that any existing equipment, machine, device,
article, contrivance, or installation which is altered, replaced or
rebuilt that increases the amount of air contaminant emitted by such
source or which results in the emission of any air contaminant not
previously emitted shall be reclassified as a new source.
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Fuel burning equipment. Any furnace, boiler, apparatus, stack,
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. Is any solid, airborne particulate matter emitted
from any source other than a stack.
Hand-fired fuel burning equipment. Fuel burning equipment in which
fresh fuel is manually introduced directly into the combustion chamber
but not including fireplaces.
Hazardous material. Is any air contaminant which may cause, or
contribute to, an increase in mortality or an increase in serious
irreversible, or incapacitating reversible illness and has been in the
Federal Register.
Incinerator. Any equipment, device, or contrivance used for the
destruction of refuse by burning, and all appurtenances thereto.
Internal combustion engine. Any engine in which the combustion
of gaseous, liquid, or pulverized solid fuel takes place within one
or more cylinders.
Mechanical fuel burning equipment. Fuel burning equipment incorpora-
ting means by which fuel is mechanically introduced into the combustion
chamber.
Mist. A suspension of any finely-divided liquid in any gas or
atmosphere.
Multiple chamber incinerator. Any article, machine, equipment, or
contrivance or part of a structure used to dispose of refuse or
garbage by burning, consisting of three or more refectory-lined combus-
tion chambers in series, physically separated by refactcry walls,
interconnected by gas passage ports or ducts and employing adequate
design necessary for maximum combustion of material to be burned.
Opacity. A state which renders material partially or wholly
imprevious to ray nf light and causes obstruction of an observer's
view.
Open burning. Any fire from which the products of combustion are
emitted directly into the open air without passing through a stack or
chimney.
Particulate matter. Any material, except water in unccmbined form,
that is or has been airborne and exists as a liquid or a solid as
standard conditions.
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Person. Any individual natural person, trustee, court appointed
representative, syndicate, association, partnership, firm, club,
company, corporation, business trust, institution, agency, government
corporation, municipal corporation, city, county, municipality,
district, or other political subdivision, department, bureau, agency,
or instrumentality of Federal, State, or local government, or other
entity recognized by law as the subject of rights and duties. The
masculine, feminine, singular, or plural is included in any circum-
stances.
Process equipment. Any equipment, device or contrivance for
changing any materials whatsoever or for storage or handling of any
materials, the use of existence of which may cause any discharge of
air contaminants into the open air but not including that equipment
specifically defined as "fuel burning equipment" or "incinerator"
in this section.
Process weight. The total weight of all materials introduced
into a source operation including solid fuels, but excluding liquids
and gases used solely as fuels, and excluding air introduced for
purposes of combustion.
Refuse. The inclusive term for solid waste products which are
composed wholly or partly of such materials as garbage, sweepings,
cleanings, trash, rubbish, litter, industrial solid waste or
domestic solid waste, trees or shrub leaves, limbs, trunks, roots or
droppings or trimmings, grass clippings, brick, plaster or other
waste resulting from the demolition, alteration, or construction
of buildings or structures, accumulated waste material, cans, con-
tainers, tires, junk or other such substances which may become a
nuisance.
Ringelmann Chart. The chart published and described in the U.S.
Bureau of Mines Information Circular 8333.
Salvage operation. Any operation conducted in whole or in part
for the salvaging or reclaiming of any product or material.
Smoke. Small gasborne or airborne particles resulting from
combustion operations and consisting of carbon and ash and other
matter present in sufficient quantity to be observable.
Source. Any property, real or personal, which emits or may
emit any air pollutant.
Stack. Any conduit, duct, vent, flue or opening of any kind
whatsoever arranged to conduct any products to the atmosphere. Such
term does not include breeching.
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Standard conditions. A gas temperature of 70 degrees Fahrenheit
and a gas pressure of 29.92 inches mercury absolute.
Stoker. Any mechanical device that feeds solid fuel uniformly
onto a grate or hearth within a furnace.
(50.1.2) Section 4-1-2. Visible Emission Regulations
(a) No person shall cause, suffer, allow or permit emission of
smoke from any air contaminant source, the shade or appearance of
which is as dcrk or darker than No. 1 of the Ringelmann Smoke Chart.
The provisions of this subsection of this section shall not
apply to'smoke emitted during the cleaning of a fire, the building of
a new fire, or the blowing of soot from boiler surfaces. Under these
conditions, smoke not darker than No. 3 on the Ringelmann Smoke
Chart may be' emitted for a period or periods aggregating no more than
five (5) minutes in any sixty (60) consecutive minutes or more than
twenty (20) minutes in any twenty-four (24) hour period.
The provisions of this subsection of this section shall not apply
to the smoke resulting from any fire ignited for the purpose of
training firemen or for research in fire protection or prevention,
nor to uncontrollable emissions occasioned by breakdown of fuel-
burning equipment or other failure which is not reasonably preventable,
or by the maintaining and repair of air pollution control equipment.
(b) No person shall cause, suffer, allow or permit the discharge
into the open air, from any single source of emission whatsoever, of
any air contaminant of such opacity as to obscure an observer's view
to a degree equal to or greater than does smoke described in subsection
(a) of this section provided, that this subsection (b) shall not apply
to vision opacity caused by uncombined water droplets.
(c) This section shall not apply to visible emissions from fuel
burninq equipment used exclusively for heatina a dwelling of less than
three dwelling units.
(d) The provisions of subsection (a) and (b) of this section shall
not apply until October 7. 1973, for installations existing before
October 7, 1968. In installations existing before October 7, 1968, no
person shall cause, suffer, allow or permit emissions of smoke from any
air contaminant source, the shade or appearance of which is as dark or
darker than Number 2 of the Ringelmann Chart or an equivalent opacity
(40%) for a period or periods aggregating no more than 5 minjtes in any
60 consecutive minutes or more than 20 minutes in any 24-hour period.
After October 7, 1973, all installations shall comply with the provisions
of subsection (a) and (b) of this section.
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(51.21) Section 4-1-3. Regulation of importation, sale, transportation, use
or consumption of solid and liquid fuels..
(a) It is unlawful for any person to burn, in any fuel burning
equipment!,-any solid or liquid fuel containing in excess of two per-
cent sulfur by weight. If such fuel is not reasonably available,
an application for exemption may be made to the board of health, and
the board, after considering the factors set forth below, shall allow
exemption from this provision when the applicant demonstrates that their
activities do not result in the condition of air pollution as defined
in section 4-1-1 and further described in the goals set forth in
section 4-1-18.
(b) In determining reasonable availability the factors to be
considered by the board of health shall include, among others: Price,
firmness of supply, extent of existing pollution and assurance of ;
supply under adverse weather and natural disaster conditions. The
board shall also consider various alternatives presented by the
applicant such as flue gas treatment and stack height measures.
(c) The board, in its discretion, may review such exemptions
from time to time and revise same when it finds such changes in
circumstances which require additional action on the part of a
fuel user to protect the air.
(d) This section shall not be effective until March 1, 1970.
(68-554).
(11.0) Section 4-1-4. Hazardous Air Contaminants
(a) Hazardous air contaminants are any air contaminant which
may cause or contribute to, an increase in mortality or an increase
in serious irreversible, or incapacitating reversible illness. The
director may, from time to time, without public hearing, designate
hazardous air contaminants and establish emission standards for
such hazardous air contaminants as they are defined in the Federal
Register.
(b) The owner or operator of one or more sources of hazardous
air contaminants in existence on the effective date of designation of
a hazardous air contaminant shall, within six months from the date,
file with the director, information necessary to allow the evaluation
of the air pollutant standpoint of such emissions.
(51.13) Section 4-1-5. Open Burning Regulation
No person shall cause, suffer, allow or permit open burning
except as specifically permitted in this Chapter.
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(a) Ceremonial or recreational fires of reasonable size and
duration. Such fires may not contain material such as plastics,
rubber, or s.imilar refuse.
(b) Fires set for the training and instruction of public or
private fire-fighting personnel when approval is received from the
Director:
(c) Smokeless or safety flares.
(d) Fires used for outdoor cooking where done with equipment
or fireplace designed for such purposes and in a manner not offensive
to persons in the vincinity thereof.
(e) Fires used for disposing of materials grown on that tract
of land, when done with an approved device, at sites approved by the
Director, and with a valid permit from the Director.
(f) Such other open burning as may be approved by the Director
where there is no other practical, safe, and lawful method of
disposal.
(51.9) Section 4-1-6. Incinerator Regulations
(a) No person shall burn any refuse in any incinerator except
in a multiple chamber incinerator having a rated capacity of one
hundred pound? per hour or greater with adequate auxiliary heat or
other approved means to prevent air pollution or an air pollution
nuisance. Incinerators of other types may be constructed if in
advance of construction, it can be demonstrated to the satisfaction
of the Director that they are as effective as incinerators required
under the provisions of this chapter insofar as air pollution is
concerned. The burden of proof shall rest upon the person con-
structing or installing the incinerator. The restriction of a
capacity of one hundred pounds per hour shall not apply to
incinerators designed for and used exclusively as pathological
incinerators.
(b) No person shall cause, suffer, allow or permit the emissions
from any incinerator having a charge rate of 2,000 pounds per hour or
less, particulate matter in quantities exceeding 0.2 grains per stand-
ard dry cubic foot of flue gases, adjusted to twelve percent carbon
dioxide by volume excluding the contribution of auxiliary fuel.
(c) No person shall cause, suffer, allow or permit the emissions
from any incinerator having a charge rate greater than 2,000 pounds
per hour, particulate matter in quantities exceeding 0.08 grains per
standard dry cubic foot of flue gases, adjusted to twelve percent
carbon dioxide by volume excluding the contribution of auxiliary fuel.
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(d) Tests to determine compliance with this section shall be
performed as provided in Section 4-1-15.
(51.5) Section 4-1-7. Regulations on Fuel Burning Equipment
> (a) Thte emission offparticulate matter resulting from the
combustion of fuel from any installation of any fuel burning equip-
ment or any stack connected thereto existing before the effective
date of this chapter, in quantities exceeding the values specified
in Table 1 is prohibited. The maximum allowable particulate emis-
sion limits as given in this section are based upon the total plant
rate of heat input to one or more stacks. Where natural gas or
liquified petroleum gas is used as a fuel, the BTU heat input
from these fuels shall not be included.
TABLE I
Total Heat Input
In Million BTU/Hr
10 or less
20
50
100
'500
1,000
5,000
10,000 or greater
Maximum Emission Rate In
Lbs Per Million BTU Input
0.60
0.50
0.39
0.33
0.22
0.18
0.12
0.10
Interpolation of the data in Table I shall be accomplished by the
use of the equation: E=1.09 (Q)"^-2^4, where E=Emissions in pounds
per million BTU input, Q=Total heat input in million BTU/hr.
(b) The emission of particulate matter resulting from the combustion
of fuel from any installation of fuel burning equipment or any stack
connected thereto beginning operation on or after the effective date
of this chapter, in quantities exceeding the values specified in Table
II is prohibited.
TABLE II
Total Heat Input
In million BTU/Hr
Maximum Emission Rate in
Lbs Per Million BTU Input
10 or less
20
50
100
200
250 or greater
0.
0.
0.
0,
0,
60
41
24
16
11
0.10
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Interpolation of the data in Table II shall be accomplished by the
use of the equation E=2.16 (Q) -0-5566} where E=Emissions in pounds per
million BTU input; Q=Total heat input in million BTU/hr.
Tests to determine compliance with this section shall be performed
as provided in Section 4-1-15.
(c) No new coal burning equipment of less than one million BTU
per hour input shall be installed.
(d) The operation of hand-fired fuel burning equipment is prohibited,
This subsection (d) shall not apply to fuel burning equipment used
exclusively for heating a dwelling of less than three dwelling units or
the burning of wood as a fuel in residential fireplaces: excluding all
pot bellied stoves.
(e) The burning of refuse in fuel burning equipment is prohibited,
except in equipment specifically designed to burn refuse.
(f) The previsions of subsection (a) of this section shall not
apply to any installations existing on the effective date of this
chapter, the maximum allowable emissions limit shall be 0.60 pounds
per million BTU input until October 7, 1973, after which all existing
installations shall comply with the provisions of subsection (a) of
this section.
(12.0) Section 4-1-8. Regulation on Internal Combustion Engines
(a) No person shall cause, suffer, allow or permit the emission of
visible air contaminants, the shade or appearance of which is dark or
darker than No. 1 on the Ringelmann Smoke Chart or 20 percent opacity'
except for periods not exceeding five (5) consecutive seconds.
(b) It shall be unlawful for any pollution control device required
by the Environmental Protection Agency, the Air Pollution Control Board
of the State or the Metropolitan Health Department for the control of
air pollution from motor vehicles to be removed or attended in any way
to make them partially or completely inoperable.
(c) All buses and trucks registered in the metropolitan government
area shall be equipped with smoke and odor elimination equipment within
twelve months after which one or more such devices have been approved
by the department or by the Environmental Protection Agency.
(50.1.1) Section 4-1-9. Regulation of Process Emissions
This section applies to any operation, process, or activity except
the burning of fuel for indirect heating in which the products of combus-
tion do not come into direct contact with process materials and except
the burning of refuse.
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(a) No person shall cause, suffer, allow or permit the emission
of gas containing sulfur oxides in excess of five hundred ppm (volume).
All sampling of exhaust gases to'determine compliance with this
section shall be performed as provided in Section 4-1-15. For the
purposes of this section, all sulfur present in gaseous compounds and
containing oxygen shall be deemed to be present as sulfur dioxide.
(b) Process weight per hour means the total weight of all materials
introduced into any specific process that mav cause anv emission nf
particulate matter. Solid fuels charged are considered as part of the
process weight, but liquid and gaseous fuels and combustion air are not.
For a cyclical or batch operation, the process weight per hour is
derived by dividing the total process weight by the number of hours
in one complete operation from the beginning of any given process to
the completion thereof, excluding any time during which the equipment
is idle. For a continuous operation, the process weight per hour is
derived by dividing the process weight for a typical period of time.
(c) No person shall cause, suffer, allow or permit the emission of
particulate matter in any one hour from any existing process source in
excess of the amount shown in Table III for process weight allocated to
such'source.
TABLE III
ALLOWABLE RATE OF EMISSION BASED ON
PROCESS WEIGHT RATE
Process Weight
Rate •
Rate
Of Emission
Process Weight
Rate
Rate
Of Emission
Lb/Hr
Tons/Hr
Lb/Hr
Lb/Hr
Tons/Hr
Lb/Hr
100
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
3,000
6,000
7,000
8,000
9,000
10,000
12,000
0.05
0.10
0.20 .
0.30
0.40
0.50
0.75
1.00
1.25 ,
1.50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
6.00
0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
10.4
11.2
12.0
13.6
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000
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8.00
9.00
10.00
15.00
20.00
25.00
30.00
35.00
40.00
45.00
50.00
60.00
70.00
80.00
100.00
500.00
1,000.00
3,000.00
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7
-------
SI.
Interpolation of the data in this table for process weight rates up
60,000 Ib/hr shall be accomplished by use of the equation: E=4.10
pO-67 and interpolation and extrapolation of the data for process weight
rates in excess of 60,000 Ib/hr shall be accomplished by use of the
equation: E=55.1 pO.ll -40, where E=rate of emission in Ib/hr and
P=process weight rate in tons/hr.
(d) No person shall cause, suffer, allow or permit the emission
of particulate matter from any process source beginning operation on
or after the effective date of this chapter in excess of the amount
shown in Table IV for the process weight allocated to such source.
TABLE IV
Process Weight Emission Rate
Rate (Lbs/Hr) (Lbs/Hr)
50 0.03
100 0.55
500 1.53
1,000 2.34
5S000 6.34
10,000 9.73
20,000 14.99
60,000 29.60
80,000 31.19
120,000 33.28
160,000 34.85
200,000 36.11
400,000 40.35
1,000,000 46.72
Interpolation of the data in Table IV for the process weight rates
up to 60,000 Ibs/hr. shall be accomplished by the use of the equation:
E = 3.59 P0-62 P 30 tons/hr.
and interpolation and extrapolation of the data for process weight
rates in excess of 60,000 Ibs/hr. shall be accomplished by use of the
equation:
E = 17.31 P°'16 P 30 tons/hr
Where: E = Emissions in pounds per hour
P = Process Weight rate in tons per hour. •
(e) Irrespective of the maximum allowable emission as determined
by either the process weight tables of subsections (c) or (d) of this
section, the maximum allowable concentration of particulate process
emissions shall be 0.25 grains per cubic foot of exhaust gases corrected
to 70° F and 1 atmosphere.
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(f) Subsections (c) and (d) of this section shall not apply to any
new source, the construction or modification of which commences after the
date of publication in the Federal Register of proposed standards which
will be applicable to each source.
The owner or operator of any stationary source, covered by this sub-
section (f) shall meet the performance standards for New Stationary Sources
as designated by the Environmental Protection Agency and published in the
Federal Register. The directory may, from time to time, without public
hearing, adopt regulations covering the New Stationary Sources Performance
Standard as designated by the Environmental Protection Agency and published
in the Federal Register.
(50.6) Section 4-1-10. Regulation of Odors in Ambient Air
No person shall cause, suffer, allow or permit any emission of gases,
vapors, or objectionable odors beyond the property line from any source
whatsoever which causes injury, detriment, nuisance, or annoyance to any
considerable number of persons or to the public; or, which causes or has a
tendency to cause injury or damage to business or property, and constitute
a nuisance.
(12.0) Section 4-1-11. Use of Public Facilities or Highways
Any activities causing a reduction in vision or resulting in inference
with normal use of public facilities or highways by an emission of dust, fume,
gas, mist', odcr, smoke, vapor or combinations thereof will constitute a safety
hazard or an air pollution nuisance.
(50.1) Section 4-1-12. Regulation of Fugitive Dust
No person shall cause, suffer, allow or permit the handling, transpor-
ting, or disposition of any substance or material which is likely to be
scattered'by the wind, or is susceptible to being wind-borne, without taking
adequate precautions or measures to minimize atmospheric pollution. No per-
son shall maintain or cause to be maintained any premises, open area, right of
way, storage pile of materials, any construction, atleration, demolition or
wrecking operation, or any other enterprise, which involves any material or
substance likely to be scattered by the wind or susceptible to being wind-
borne, without applying all such reasonable measures as may be required to
prevent particulate matter from becoming air-borne. The Director may require
such reasonable measures as may be required to prevent particulate matter
from becoming airborne including but not limited to paving or frequent
cleaning of roads, driveways, and parking lots, application of dust free
surfaces, or the planting and maintenance of vegetative ground cover.
(51.21) Section 4tl-13. Regulation on Laundries, Dry Cleaning Plants. Etc.
No person shall operate a laundry, dry cleaning plant or similar
operation unless the following conditions are met:
(a) All driers shall be equipped with lint filters which will
substantially prevent the expulsion of materials harmful to the public.
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(b) Provision shall be made so that all vent pipes carrying
solvent vapor are not directed toward any building openings within
twenty feet.
(c) Where the discharge into the atmosphere of fume, gas, mist,
lint, odor, smoke, vapor or any combination thereof results in repeated
violations of this chapter, additional equipment to insure adequate
control shall be provided.
(9.0) Section 4-1-14. Measurement of Emissions of Air Contaminants
i '
(a) The Director may require any person responsible for emission
of air contaminants to make or have made at the owner's expense> tests
to determine the quantity and quality of the emission of air contami-
nants from any source, whenever the director has reason to believe that
an emission in excess of that allowed by this chapter is occurring. The
director may specify testing methods to be used. The director may
require that such tests be conducted in the presence of his representa-
tive. The director shall be given a copy of the test results in
writing and signed by the person responsible for the tests. All tests
and calculations shall be made under the direction of a professional
engineer registered in the state or be a graduate of an accredited
engineering school, and be experienced in his field of endeavor.
(b) At the completion of any new installation, or any significant
alteration, the Director may require the owner or person responsible
to conduct such tests as are necessary to establish the amount of
air contaminants emitted from such equipment or control apparatus.
Such tests shall be made at the expense of the owner and shall be
conducted in,a manner approved by the Director. The Director may
require that such tests be conducted in the presence of his representa-
tive.
In all new installations, there shall be provided sampling ports
of a size, number and location as the Director may require, safe
access to each port, any other sampling and testing facilities as the
Director may require.
(c) The Director may conduct tests cf air contaminants from any
source. Upon request of the Director, the person responsible for the
source to be tested shall provide, at no expense to the Board,
necessary holes in stacks or ducts and such other safe and proper
sampling and testing facilities, including a suitable power source,
exclusive of instruments and sensing devices as may be necessary for
proper determination of the level of air contaminants.
(d) The Director may require the owner or operator of any air
contaminant source discharging air contaminants, at the expense of the
owner or operator, to install, use, and maintain such monitoring
equipment as the Director shall prescribe; sample such emissions in
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accordance with methods as the Director shall prescribe. Records and
reports as the Director shall prescribe on air contaminant emissions
and fuel analyses shall be recorded, compiled, and submitted in a
format as prescribed by the Director.
(e) The Director may require the submission of air pollution
information from any or all potential sources of air pollution for
purposes of maintaining an air pollution emission inventory. Emission
data obtained from owners or operators of stationary sources will be
correlated with applicable emission limitations and other control
measures and will be available to the public.
(f) ' When any fuel burning equipment, incinerator, control
equipment, or process equipment breaks down in such a manner as to
cause the emission of air contaminants in violation of this chapter
for an anticipated or actual duration of at least twenty-four hours,
the person responsible for such equipment shall immediately notify
the Director of such failure or breakdown and provide a statement
giving all pertinent information, including the estimated duration of
the breakdown. The Director shall be notified when the condition
causing the failure or breakdown has been corrected and the equipment
is again in operation.
(9.0) Section 4-1-15. Testing
(a) In order to establish a standard procedure for coal and fuel
oil analysis, the following procedures or any amendment or modification
thereof shall be used:
(1) The heat content of coal shall be determined according
to ASTM method D-271-68 Laboratory Sampling and Analysis of Coal and
Coke or ASTM method D-2015-66 Gross Caloric Value of Solid Fuel by the
Adiabatic Bomb Calorimeter.
(2) The method of determining the ash and sulfur content in
coal shall be that described in ASTM D-271-68 Laboratory Sampling and
Analysis of Coal and Coke or equivalent method approved by the Board.
All coal analysis and heat contents are to be made on a dry basis.
Moisture content of coal is to be determined in all cases and results
recorded to facilitate calculation of actual pollutants.
The method for determining the sulfur content of fuel oil shall be
that described in ASTM D-129-54 Standard Method of Test for Sulfur
in Petroleum Products and Lubricants by the Bomb Method. The method of
determining the heat content of fuel oil shall be that described in ASTM
D-240-64 Standard Method of Test for Heat of Combustion of Liquids
by the Parr Bomb Calorimeter or other method giving comparable results.
(3) The Director is authorized to take any quantity of fuel
which he deems necessary for the purpose of evaluation to determine com-
liance with this regulation. Where applicable, the following sampling
methods will be used:
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. (a) For coal:
ASTM: D-492-48 (1958) Sampling Coal Classified
According to Ash Content.
ASTM: D-2013-68 Preparing Coal Sample for Analysis.
ASTM: D-2234-68 Mechanical Sampling of Coal.
(b) For oil:
ASTM: D-270-65 Tentative Method of Sampling Petroleum
Products.
(b) The method set forth in this subsection shall be applicable
for determining compliance with emission standards:
(1) Sample and velocity traverses shall be determined by
the method outlined in the Appendix of the Federal Register, Volume 36,
No. 247, December 23, 1971.
(2) Determination of stack gas velocity shall be determined
by the method outlined in the Appendix of the Federal Register, Volume
36, No. 247, December 23, 1971.
(3) Gas analysis for carbon monoxide, excess air and dry
molecular weight shall be accomplished by the method outlined in the
Appendix of the Federal Register, Volyme 36, No. 247, December 23,
1971.
(4) Moisture in stack gas shall be determined by the method
as outlined in the Appendix of the Federal Register, Volume 36, No. 247,
December 23, 1971.
(5) Determination of particulate matter from stationary sources
shall be determined by the method outlined in the Appendix of the Federal
Register, Volume 36, No. 247, December 23, 1971, with this added condi-
tion: the analytical results shall include participate matter collected
in the impinger train except, for the new stationary sources required to
meet the performance standards of Section 4-1-9, Subsection (f) of this
Chapter.
Any method of continuous monitoring in stacks approved by the
Director may be used in accordance with good professional practice.
(6) Determination of sulfur dioxide from stationary sources
shall be determined by the method outlined in the Appendix of the
Federal Register, Volume 36, No. 247, December 23, 1971.
(7) Determination of nitrogen oxide emissions from stationary
sources shall be determined by the method outlined in the Appendix of
the Federal Register, Volume 36, No. 247, December 23, 1971.
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(8) Determination of sulfuric acid mist emission from
stationary sources shall be determined by the method outlined in
.Appendix'of the Federal Register, Volume 36, No. 247, December 23, 1971.
(c) Determination of ambient air sampling and analysis for suspended
particulates, sulfur dioxide, carbon monoxide, photochemical oxidants,
and nitrogen dioxide shall be by the methods outlined in the Federal
Register, Volume 36, No. 158, Saturday, August 14, 1971, Any other
method of monitoring that is approved by the Director may be used in
accordance with good professional practice. The Director may, from
time to time, determine methods of analysis for additional air
contaminants as designed by the Environmental Protection Agency and
published iri the Federal Register.
(d) When new analytical methods become available which are superior
to the methods stipulated in this section, the Board, upon the
recommendation of the Director, may approve the new methods as alter-
natives to those set forth in this section.
(3.0) Section 4-1-16. Registration and Permits
(a) Construction Permits
(1) It shall be unlawful for any person to install, erect,
construct, reconstruct, alter, or add to, or cause to be installed,
erected, constructed, reconstructed, altered, or added to, any fuel
burning equipment, incinerator, process equipment, control device,
or any equipment pertaining thereto, or any stack or chimney connected
therewith, or to make or cause to be made any alteration or repairs
which increases the amount of any air contaminant emitted by such
source on which results in the emission of any air contaminant not
previously emitted until application for a Construction Permit has been
filed with ths Metropolitan Health Department and plans and specifications
applicable to the work have been submitted to the Director and a
Construction Permit issued by him for such construction, installations,
alterations or repairs. Applications for a construction permit shall
be filed in duplicate in the offices of the Director on forms adopted
by the Director and supplied by the Metropolitan Health Department
along with a, copy of plans and specifications. If, within thirty
days of the receipt of the application, plans, specifications or other
information required, the Director determines that the proposed source
will operate in violation of this chapter or the source will prevent
or interfere with attainment or maintenance of any national standard,
he shall issue an order prohibiting the construction, installation,
or establishment, of the air contaminant source or sources. Issuance
of a construction permit within the time prescribed herein shall be
deemed a determination that the construction, installation, or esta-
blishment may proceed; provided that it is in accordance with the
application, plans, specifications, or other information as submitted
to the Director, This section shall not apply to fuel burning
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equipment used exclusively for heating less than three dwelling units,
or to gas, or fuel oil equipment of 500,000 BTU input or less or to
internal combustion engines.
In addition to any other remedies available on account of the
issuance of an order prohibiting construction, installation, or
establishment of any fuel burning equipment, incinerator, process
equipment, or control devices and prior to invoking any such remedies,
the person aggrieved thereby shall, upon request in accordance with
the provisions of this chapter and the rules and regulations adopted
by the Board be entitled to a hearing before the Board. Following
such hearing the order shall be affirmed, modified, or withdrawn by
the Board.i
The absence or failure to issue a rule, regulation or order to this
section shall not relieve any person from compliance with any emission
control requirements or with any other provisions of law.
(2) Maintenance or repairs or alterations which are minor
in scope or do not change the capacity of any fuel burning equipment,
incinerator, process equipment and which do not involve any change in
the method of combustion or materially affect the emission of smoke,
dust, gases, fumes, or other air contaminants therefrom may be made
without placing an application for construction permit with the
Metropolitan Health Department. Emergency repairs may be made prior
to the application in the event an emergency arises and serious
consequences would result if the repair were to be deferred. When
such repair is made in an emergency, the application is required by this
section shall be filed in the office of the Director within ten days
after the start of such work.
(3) The plans and specifications, submitted pursuant to this
section, concerning any fuel burning equipment, incinerator, process
equipment, shalI show the type, form and dimensions of all equipment
and appurtenances thereto and stacks and dusts, together with the
description and dimensions of the building or part thereof in which
such equipment is to be located, the amount of work or the amount
of heating to be done by such equipment and all provisions for air
contaminants. Such plans and specifications shall also show the
character of the fuel or refuse to be burned or process material, the
maximum quantity to be burned per hour, and the operation requirements
of the equipment. The plans and specifications shall show that the room
or premises in which the fuel burning equipment or incinerator is to be
located is provided with adequate ventilation to provide sufficient air
for the combustion process and for the safety of people.
(4) The plans and specifications submitted pursuant to this
section shall be prepared under the direction of, or approved by and
bear the seal of, a professional engineer registered in this state
or be a graduate of an accredited engineering school and experienced
in his field of endeavor.
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(5) The requirement for filing plans and specifications
involving the installation, erection, construction, reconstruction,
alteration, or repair of or addition to, any fuel burning equipment,
incinerator, process equipment, or the building of pilot plants or
processes to be used in or to become part of a secret process is hereby
suspended upon the filing with the Metropolitan Health Department, in
lieu of the filing of plans and specifications, of an affidavit of a
responsible person to the effect that such equipment or process is to
be so used. Such person may be required by the Board to furnish bond
or other proof of financial responsibility. The suspension of the
filing of such plans and specifications shall in no way relieve the
person or persons responsible for the secret process from complying
with all other provisions of this chapter.
(6) If the installation, erection, construction, recon-
struction, alteration, addition or repair is not started within one
year of the date of issuance of a construction permit or any
extended period granted in writing by the Director, the construction
permit shall become void.
(7) Any equipment covered by this section which is installed,
erected, constructed, reconstructed, or altered without making
application for a construction permit to the Department of Health and •
receiving this permit as provided herein may be sealed by the Director
with the approval of the Board, the seal to remain in effect until
all provisions of this chapter have been complied with. This remedy
is not deemed to be the exclusive remedy.
(8) The receipt of a construction permit from the Metropolitan
Health Department shall it be construed to indicate approval of the
strength or safety of any equipment or to indicate compliance with the
requirements of the Building Code of Metropolitan Nashville and
Davidson County or any other ordinance thereof. Nor shall it relieve
anyone frorti the necessity for obtaining a building, electrical, plumbing,
or other permit it. required by the provisions of this Code or other
ordinance of Metropolitan Nashville and Davidson County.
i
(b) Temporary Operating Permit
(1) No person shall operate or cause to be operated any new
or altered fuel burning equipment, incinerator, process equipment,
control device, or any equipment pertaining thereto for which a
Construction Permit was required, until application for a Temporary
Operating Permit has been filed with the Metropolitan Health Department
and a Temporary Operating Permit has been issued by the Director.
Application for a Temporary Operating Permit shall be filed in duplicate
in the offices of the Director, on forms adopted by the Director and
supplied by the Metropolitan Health Department. The person responsible
for the installation, construction, or alteration of any fuel burning
equipment, incinerator, process equipment, control device, or any equip-
ment pertaining thereto for which a Construction Permit is required,
shall give notification to the Director when the work is completed and
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ready for final inspection. The Director, with the approval of the
Board, is hereby authorized to seal the equipment in operation for
which Temperary Operating Permit was obtained as required by this
section.
(2) Failure to operate successfully under test within the
limitations and requirements of the chapter under a Temporary Operating
Permit shall constitute sufficient grounds for ordering changes in the
installation before an Operating Permit can be granted. Responsibility
for proof, and all expenses incurred in running the tests under the
Temproary Operating Permit shall be borne by the person owning,
operating, or in charge of control of such equipment or their agents.
The Director may waive the demonstration or test operation under the
Temporary Operating Permit, but such waiver shall in no manner provide
immunity from prosecution for violations of the requirements of this
chapter.
(3) The Director or his authorized representative shall have
the right to enter the owner's premises to inspect the installation
and observe any test or operation of the equipment for which a
Temporary Operating Permit was issued.
(4) A Temporary Operating Permit shall be valid for not in
excess of six months after the date of issue and upon the expiration
of said six months application for a Operating Permit must be made
as is herein provided.
(c) Operating Permit
(1) After the Temporary Operating Permit has been issued and
it is demonstrated to the satisfaction of the Director that the fuel
burning equipment, incinerator, process equipment, control device, or
any equipment pertaining thereto can be operated in compliance with this
chapter, an application for an Operating Permit shall be filed in
duplicate in the office of the Director on forms adopted by the Director
and supplied by the Metropolitan Health Department. Said Operating
Permit shall be kept posted on or near the installation for which it
was issued. The Operating Permit shall properly identify the equip-
ment to which it pertains and shall specify the class of fuel, and
or type of raw material used, for which the equipment and appurtenances
have been designed or which has been successfully used in the operating
test. The owner or his agent shall be responsible for notifying the
Director that equipment for which a Temporary Operating Permit has been
issued, has been tested and is ready for permanent operation. With
such notification the owner shall submit to the Director test and opera-
tion data, as required by the Director, obtained during the temporary
operating period for use as evidence that the equipment will operate in
compliance with all provisions of this chapter. The Director, with
the approval of the Board is hereby authorized to seal the equipment
in operation fo^ which an Operating Permit has not been obtained, as
required by this section.
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The Operating Permit shall be issued for a one year period or for
such longer period as the Director may designate. Applications for
renewal of the-Operating Permit shall be made in writing upon forms
furnished by the Metropolitan Health Department and shall be made not
less than sixty days prior to expiration of the Certificate for which
renewal is, sought. Disclosures of information, tests and other
prerequisites to the issue of a Construction Permit, Temporary
Operating Permit, or Operating Permit may be required by the Director
prior to the renewal of an Operating Permit.
(2) The Director, as stated in Section 4-1-14, is authorized
to conduct or cause to be conducted by the owner any test of any new or
installed equipment, the operation of which, in his opinion, can be
expected to result in emissions in excess of the limitations of this
chapter, or when, in his judgment, there is evidence that any such
equipment is exceeding any emission limitation prescribed in said
chapter.
The Director may, at his discretion, accept certification tests
submitted by the owner, if, in his judgement, these tests are sufficient
to determine that the limitations of this chapter will not be exceeded.
(3) Any person operating an air contaminant source constructed
on or before the effective date of this chapter shall file an application
for an Operating Permit with the Director within six months of the
effective date of this chapter. The application of an Operating Permit
shall be filed in duplicate in the office of the Director on forms
supplied by the Metropolitan Health Department. The Operating Pennit
shall be issued on evidence satisfactory to the Director that the
operation of said source is in compliance with all sections of this
chapter.
(d) Any permit issued in accordance with the provisions of this
chapter is not transferable from one person to another person nor from
one facility to another facility without prior approval from the
Director.
(e) The Director may suspend or revoke either a Construction or
an Operating Permit if the permit holder fails to comply with the
provisions, stipulations, or compliance schedule provided in the permit.
(f) No person shall be required to obtain or file a request for a
Construction and Operating Permit due to ownership or operation of the
following air contaminant sources unless specifically required to do so
by the Director:
(1) Mobile sources such as automobiles, trucks, buses, loco-
motives, planes, and boats.
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capacity.
(2) Fuel burning equipment of less than 500,000 BTU/Hr.
(3) Sources discharging less than 0.5 Ibs/hr of none hazardous
particulates from a single stack or less than 2.0 Ibs/hr of none
hazardous particulates from two or more stacks, whichever is more
restrictive.
(4) Equipment used on farms for soil preparation to
tending of crops or for preparation of feed to be used on the farm
where prepared.
(3.0) Section 4-1-17. Fees For Permits
The Metropolitan Board of Health by rule or regulation may
prescribe and provide for the payment and collection of reasonable fees
for the issuance of all permits as specified in Section 4-1-16. All
fees collected by virtue of this Chapter shall be deposited regularly
with the Metropolitan Treasurer.
(4.0) Section 4-1-18. Ambient Air Quality Standards
The Ambient Air Quality Standards define levels of air
quality belisved adequate with an appropriate margin of safety to
protect the public welfare from any known anticipated adverse effects
by the pollutant.
These ambient air quality standards shall not be construed,
appeared on interpeted to allow any significant deterioration of the
existing air quality in any section of Davidson County.
AMBIENT AIR QUALITY STANDARDS
Pollutant
Concentration
Remarks
1) Suspended Particulates 60 micrograms/n^
150 micrograms/m
2) Sulfur Dioxide
0.02 ppm
0.10 ppm
0.50 ppm
Annual geometric mean.
24-hr, maximum not to be
exceeded more than once a
year.
Maximum annual average.
24-hr, average not to be
exceeded more than once a
year.
Maximum 3-hr, concentration
not to be exceeded more than
once a year.
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3) Nitrogen Dioxide U.05 ppm
4) Carbon Monoxide 9 ppm
35,ppm
5) Hydrocarbon
6) Oxidant
7) Dustfall
0.24 ppm
0.08 ppm
,2
8) Soil Indix
10 tons/mi /mo.
2
15 tons/mi /mo.
0.5 Coh per 1,000
lineal feet
3.0 Coh per 1,000
lineal feet
9) Suspended Sulfate
(analysis of High
volume filters) 4 micrograms/m
10) Sulfate
11) Hydorgen Sulfide
12 micrograms/m
0.25 mgS03/100 cm2/day
0.50 mgS03/100 cm2/day
0.05 ppm
0.03 ppm
Annual arithmetic mean.
8-hr maximum not to be
exceeded more than once
a year.
1-hr maximum not to be
exceeded more than once
a year.
3-hr maximum not to be
exceeded more than once
per year.
1-hr maximum not to be
exceeded more than once
a year.
3-mo average above back-
ground in all areas except
those zoned heavy industrial
3-mo average above back-
gound in zoned heavy
industrial areas.
Annual geometric mean.
Not to be exceeded over
1 day in any consecutive
100 day period.
Allowable maximum annual
average.
Not to be exceeded over
1 percent of the time.
Maximum annual average.
Maximum month average.
^-hr average not to be
exceeded over 2 percent
per year.
^-hr average not to be
exceeded over 2 times in
any 5 consecutive 9ays.
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(16.0) Section 4-1-19. Powers and Duties of the Board
(a) There is hereby imposed upon the Board in addition to those
functions and duties set forth in article 10, chapter 1, of the Charter
of the Metropolitan Government, the authority, power and duty to adopt,
promulgate and enforce such rules and regulations to carry out the
provisions of this chapter which the Board deems necessary in order to
achieve and maintain such levels of air quality as will protect human
health'and safety and to the greatest degree practical, prevent injury
to plant life and property, foster the comfort and convenience of the
inhabitants of the Metropolitan Government area and promote the economic
and social development of the Metropolitan Government area; provided,
that such rules and regulations shall not conflict with any laws of the
state, the Charter or the Metropolitan Government or any ordinance of
the Metropolitan Government, nor shall such rules and regulations exceed
the limits of authority granted to the Board in this Chapter.
The Director shall recommend to the Board such rules and regulations
as he considers necessary consistent with the general intent and purpose
of this chapter to prevent, abate, and control air pollution. Thereupon,
the Board shall fix and hold a public hearing, as provided herein, with
respect to the rules or their amendments, and the Board may approve or
reject such recommended rules or amendments, in whole or in part, or it
may modify and approve them as so modified. Thereafter, the Board may
amend or add to the rules and regulations, on recommendation of the
Director, or on its own initiative, but only after a public hearing on
the proposed amendments.
Such rules and regulations or any amendments thereto shall be
approved by the Director as law as to legality, and the same shall then
be filed with the secretary of the Board and the Metropolitan clerk.
After such rules and regulations or any amendments thereto of the board'
have been so adopted in the manner herein provided, such rules and
regulations shall be the force and effect of law.
'(b)' In exercising its power to prevent, abate, and control air
pollution, the Board shall have the following powers and duties:
(1) Develop and prepare a general comprehensive plan for
prevention, control and abatement of air pollution recognizing varying
requirements for different areas of the Metropolitan Government.
t
(2) Establish, modify, or amend, after public hearing, a
system of permits applicable to installation or modification of
facilities capable of becoming a source of air pollution.
(3) Establish, modify, or amend without hearing, rules and
regulations with respect to procedural aspects of (a) hearings; (b)
filing of reports and orders; (c) issuance of permits; and (d) all
other matters not specifically requiring a hearing.
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(4) Require that any person whom the Board has reason to
believe is or may be about to be causing or contributing to air
pollution to furnish the Board pertinent information required by it in
the discharge of its duties under this chapter; provided* that no such
person shall be required to disclose any secret formulae, processes, or
methods used in any manufacturing operation carried on by him or under
his direction,
(5) Cause to be instituted in a court of competent juris-
diction, legal proceedings to compel compliance with any provision of
this Ordinance or with any order or determination issued by the Board.
(6) Collect and disseminate information relative to air
pollution, encourge voluntary co-operation of affected persons or
groups in preserving and restoring a reasonable degree of air purity and
advise, consult and co-operate with other agencies, persons or groups
in matters pertaining to air pollution.
(7) Prescribe and provide, at its discretion, for payment
and collection of reasonable fees for the review of plans and specifica-
tions to be submitted pursuant to this chapter. Such fees shall be
deposited with the Metropolitan Treasurer and shall be used to supple-
ment the budget of the Metropolitan Health Department.
(8) Adopt, promulgate and enforce such other rules and regula-
tions which the Board deems necessary to carry out the provisions of this
chapter; provided, that nothing in this chapter shall be deemed to grant
the Board any jurisdiction or authority with respect to air pollution
existing solely within commercial or industrial plants, works or shops
or to affect the relationship between employers and employees with
respect to or arising out of any condition or air pollution.
(16.0) Section 4-1-20. Facts and Circumstances to be Considered by the Board
In the exercise of its power to prevent, abate and control air
pollution, t^he Board shall give due consideration to such pertinent
facts and circumstances, including but not limited to:
(a) The character and degree of injury to, or interference with,
the protection of the health, general welfare and physical property of
the residents of the Metropolitan Government area.
(b) The social and economic value of the air contaminant source.
(c) The suitability or unsuitability of the air pollution source
to the area Jin which it is located.
(d) The technical practicability and economic reasonableness of
reducing or eliminating the emission of such air contaminants.
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(16.0) Section 4-1-21. Procedure for Public Hearings by Board of Health
No standard, rule or regulation shall be adopted by the Board
pursuant to section 4-1-19, and no amendment, repeal or modification
thereof, shall take effect except after a public hearing has been
held thereupon before at least a majority of the members to which
the Board is entitled. Hearings before the Board shall be conducted
in the following manner:
(a) A public notice of any and all public hearings pursuant to
this chapter shall be given at least thirty days prior to the
scheduled date of the hearing by public advertisement on three
consecutive days in a newspaper or newspapers of general circulation
within the Metropolitan Government area, giving the date, time,
place and purpose of such hearing.
(b) At such hearings, opportunity to be heard by the board with
respect to the subject thereof shall be given to any interested person.
Any interested persons, whether or not heard, may submit, in writing,
a statement of their views on the proposed rules and regulations prior
to or within seven (7) days subsequent to such hearings.
(c) No rule or regulation of the Board, or any amendment, repeal
or modification thereof, shall be deemed adopted or in force and effect
until it shall have been approved, in writing, by at least the
majority of the members to which the Board is entitled and the same
shall have been approved by the Director of law as to its legality
and a certified copy thereof has been filed with the Metropolitan clerk.
(d) Any person heard or represented at such hearing or requesting
notice shall be given, without charge, written notice of the action of
the Board with respect to the subject thereof. A reasonable record
shall be made and maintained of any such public hearing and the
testimony at such hearings may or may not be under oath, at the
discretion of the Board. Copies of the proceedings at the public
hearing shall be made available only upon the payment of the fee
therefor, which fee shall be set by the Board of Health.
(16.0) Section 4-1-22. Public Hearings on Complaints Authorized to be
filed With the Board
In addition to the other remedies available, the Director is hereby
authorized to file with the Board a complaint of an alleged violation,
and the Board may cause to have issued and served upon the person
complained against a formal notice of complaint, which shall specify
the provision of this chapter of which such person is said to be in
violation and a statement of manner and extent to which, if applicable,
such person is said to violate this chapter, and shall require the
person complained against to answer the charges of such formal
complaint at a hearing before the Board. Such hearing before the Board
shall be conducted in the following manner:
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(a) Such hearings shall be held before the majority of members to
which the Boara is entitled at a time not less than thirty days nor
more than sixty days after the date of notice.
(b) The chairman of the Board is hereby designated as the hearing
examiner to conduct such hearing. A complete record of the hearing shall
be made for review by the members of the Board.
(c) The respondent to such formal complaint may file a written
answer thereto and may appear at such hearing in person or by representa-
tive, with or without counsel, and may make oral argument, offer
testimony or cross-examine witnesses or take any combination of such
actions.
(d) All testimony shall be under oath and recorded. The Board is
authorized to have all testimony transcribed and a transcript or such
testimony, if transcribed, shall be made available to the respondents
or any party to the hearing upon payment of the normal fee, which shall
not exceed the cost of transcribing such testimony.
(e) After due consideration of the written and oral statements,
the testimony and arguments submitted at the hearing upon such complaint,
or, upon default in appearance of the respondent on the return date
specified in the formal notice of complaint, the Board shall issue and
enter such final order or make such final determination as it shall
deem appropriate, and shall immediately notify the respondent thereof,
in writing, by certified mail. Such order or determination shall be
approved, in writing, by at least a majority of members to which the
Board is entitled.
(f), Upon failure of the Board to enter a final order or determina-
tion within sixty days after the final argument of any such hearing,
the respondent shall be entitled to treat for all purposes such failure
to act as a finding favorable to the respondent.
(g) The burden of proof in such hearings shall be on the Director.
(5.0) Section 4-1-23. Variances and Public Hearing Thereon
(16.0)
(a) Any person seeking a variance from the provisions of this
chapter or from the rules and regulations adopted by the Board pursuant
to this chapter shall do so by filing a petition for variance with the
Director. The Director shall promptly investigate such petition and
make recommendations to the Board as to the disposition thereof. The
Board may grant such variance if it finds that (1) the emissions
occurring or proposed to occur, do not endanger or tend to endanger
human health or safety, and (2) compliance with the provisions of this
chapter and the rules or regulations from which variance is sought
would produce serious hardship without equal or greater benefits to the
public.
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(b) Upon receiving the recommendation of the Director, the Board
may, if such recommendation is for the granting of a variance, do so
without hearing. If the recommendation of the Director is against the
granting of a variance, or the Board, in its discretion, concludes that
a hearing would be advisable, then a hearing shall be held not later
than sixty days after receipt of a recommendation from the Director.
Hearings will be conducted in the following manner:
'(1) The petitioner shall be given written notice at the earliest
practicable time as to the time and place of such hearing.
'(2)' The chairman of the Board shall serve as a hearing
examiner to conduct hearings, and a complete record of the hearing
shall be made for review by the Board members.
(3) All testimony shall be recorded and may or may not be
under oath, at the discretion of the Board. The transcript so
recorded shall be made available to the petitioner or any party to
the hearin'g upon the payment of the fee for transcribing such testimony.
(4) The Board in considering the granting of a variance shall
give due consideration to the equities of the petitioner and others who
may be affected by granting or denial of the petition.
(5). The Board may make the granting of a petition for
variance contingent upon such other requirements or restrictions
on the petitioner as the Board may deem appropriate and reasonable.
(6) Any variance granted shall be for a period not to
exceed one year, except as hereinafter provided, but may be extended
from time to ^ime by the action of the Board.
(c) If the variance is granted on the ground that there is no
practicable means known or available for the adequate prevention,
abatement or control become known and available, and subject to the
taking of any substitute or alternate measures that the Board may
prescribe.
(d) If the variance is granted on the ground that compliance
with the particular requirement or requirements from which variance is
sought will necessitate the taking of measures which, because of their
extent or cost, must be spread over a considerable period of time, it
shall be for a period not to exceed such reasonable time as, in the
Board, is requisite for the taking of the necessary measures. A
variance granted on the ground specified herein shall contain a
timetable for the taking of action in an expenditious manner and shall
be conditioned on adherence to such timetable.
(e) The' Board shall issue and give to the petitioner, in writing,
within sixty days following receipt of the recommendation of the Director
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when no hearing is held, its final, order or determination. Such
order or determination shall be approved by at least the majority of
members to which the Board is entitled.
(f) Upon failure of the Board to issue a final order or
determination within sixty days after the final argument in any such
hearing or within sixty days following receipt of the recommendation
of the Director when no hearing is held the petitioner shall be entitled
to treat for all purposes such failure to act as a granting of the
variance requested.
(g). The burden of proof in such hearings shall be upon the
petitioner.
(h) Nothing in this section and no variance or renewal thereof
granted pursuant hereto shall be construed to prevent or limit the
application of the emergency provisions and procedures of this chapter
to any person or his property.
(8.0) Section 4-1-24. Emergencies
(a) Any other provisions of law to the contrary notwithstanding,
if the Director finds that a generalized condition of air pollution
exists and that it creates an emergency requiring immediate action
to protect human health and safety, the Director shall order persons
causing or contributing to the air pollution to reduce or discontinue
immediately the emission of air contaminants. Upon issuance of any
such order, the Director shall fix a place and time, not later than
twenty-four hours thereafter, for a hearing to be held before the
Board. Such hearing shall be held in comformity with the provisions
of Section 4-1-22, insofar as applicable. Not more than twenty-four
hours after the commencement of such hearing, and without adjournment
. thereof, the Board shall affirm, modify, or set aside the order of the
Director.
(b) In the absence of a generalized condition of air pollution of
the type referred to in subsection (a) of this section, but if the
Director finds that emissions from the operation of one or more air
contaminant sources is causing or may tend to cause imminent danger to
i human health or safety, he may order the person responsible for the
operation in question to reduce or discontinue operations immediately,
without regard to the provisions of this chapter. In such event, the
requirements, for hearing affirmance, modification, or setting side of
orders set forth in subsection (a) of this section shall apply.
(50.7) Section 4-1-25. Air Pollution Declared a Nuisance; Injunctive Relief
Any person violating the provisions of this chapter by exhausting
into the atmosphere an air contaminant in excess of that permitted by
this chapter is hereby declared to be creating a nuisance. The Board
may cause to be instituted a civil action in any court of competent
jurisdiction for injunctive relief to prevent violation of any section
of this chapter,.
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(2.0) Section 4-1-26. Co-ordination Between Health Department, Department of
Codes Administration and Planning Commission With
Respect to Approval of Installation, Land-Use Plans
and Zoning Regulations
The department of Codes Administration, in the issuance of permits,
and the planning commission, in the preparation and approval of land-use
plans, shall co-ordinate work in conjunction with the Metropolitan Health
Department through the provisions of this chapter and the rules and
regulations adopted by the Board so as to achieve and maintain such
levels of air quality as will protect human health and safety and, to
the greatest degree practical, prevent injury to plant life and property,
foster the comfort and convenience of inhabitants of the Metropolitan
Government area and promote the economic and social development of the
Metropolitan Government area.
(2.0) Section 4-1-27. Severability
The provisions of any part, section, subsection, paragraph, phrase
or clause of this chapter that shall be adjudged invalid or unconstitu-
tional by any court of competent jurisdiction, the judgment shall not
affect, compare, or invalidate the remainder of this chapter, but
should be confined in its operation to the part, section, subsection,
paragraph, phrase or clause of this chapter that shall not be directly
involved in the controversy in which such judgment shall have been
redeemed.
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FEDERALLY PROMULGATED
REGULATIONS
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(6.0) 52.2223 Compliance Schedules
(e) Federal compliance schedules—Local programs.
(1) Except as provided in subparagraph (16) of this
paragraph, the owner or operator of any stationary source subject to
the following emission limiting regulations of the Knox County Air
Pollution Control Regulations and the City of Memphis Air Pollution
Control Code and Shelby County Air Pollution Control Code contained as
part of the Tennessee implementation plan shall comply with the
compliance schedule in subparagraph (2) of this paragraph: Knox
County Air Pollution Control Requlations, Sections 18.2C; 19.4B;
20.ID; and 23.1; City of Memphis Air Pollution Control Code and
Shelby County Air Pollution Control Code Section 3-24(d).
(2) Compliance schedule.
(i) October 1, 1973—Submit to the Administrator a
final control plan, which describes at a minimum the steps which will
be taken by tha source to achieve compliance with the applicable
regulations.
(ii) December 1, 1973—Negotiate and sign all necessary
contracts for emission control systems or process modifications, or
issue orders for the purchase of component parts to accomplish emission
control or process modification.
(iii) January 1, 1974—Initiate onsite construction
or installation of emission control equipment or process modification.
(iv) May 1, 1975—Complete onsite construction
or installation of emission control equipment or process modification.
:. (v) July 1, 1975—Achieve compliance with applicable
regulations and certify such compliance to the Administrator.
(3) Except as provided in subparagraph (16) of this
paragraph, the owner or operator of any stationary source subject to
the following emission limiting regulations of the Knox County Air
Pollution Control Regulations contained as part of the Tennessee
implementation plan shall comply with the compliance schedule in
subparagraph (4) of this paragraph: Knox County Air Pollution
Regulation, Section 19.2C.
' (4) Compliance schedule.
(i) October 1, 1973—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 applicable regulations.
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(ii) December 1, 1973—Negotiate and sign all necessary
contracts for emission control systems or process modifications, or
issue orders for the purchase of component parts to accomplish emission
control or process modification.
(iii) January 1, 1974—Initiate onsite construction or
installation of emission control equipment or process modification.
. (iv) May 1, 1975—Complete onsite construction or
installation of emission control equipment or process modification.
(v) June 1, 1975—Achieve compliance with the applicable
regulations, and certify such compliance to the Administrator.
(5) Except as provided in subparagraph (16) of this para-
graph, the owner or operator of any boiler or furnace of more than
250 million BTU per hour heat input subject to the requirements of
Knox County Air Pollution Control Regulations, Section 18.4B; and
City of Memphis Air Pollution Control Code and Shelby County Air
Pollution Control Code, Section 3-24(b), contained as part of the
Tennessee implementation plan shall notify the Administrator no later
than October 1, 1973, of his intent to utilize either low-sulfur fuel
or stack gas dasulfurization to meet these requirements.
(6) Any owner or operator of a stationary source subject to
subparagraph (5) of this paragraph who elects to utilize low-sulfur
fuel shall be subject to the following compliance schedule:
(i) November 1, 1973—Submit to the Administrator ,
a projection of the amount of fuel, by types, that will be substantially
adequate to enable compliance with the applicable regulation on
July 1, 1975, and for at least one year thereafter.
(ii) December 31, 1973—Sign contracts with fuel
suppliers for fuel requirements as projected above.
(iii) January 31, 1974—Submit a statement as to
whether boiler modifications will be required. If modifications will
be required, submit plans for such modifications.
(iv) March 15, 1975—Let contracts for necessary
boiler modifications, if applicable.
(v) June 15, 1975—Initiate onsite modifications, if
applicable.
' (vi) March 31, 1975—Complete onsite modifications, if
applicable.
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(vii) July 1, 1975—Achieve compliance with the require-
ments of Knox County Air Pollution Control Regulations, Section 18.4B,
and City of Memphis Air Pollution Control Code and Shelby County Air
Pollution Control Code, Section 3-24(b) and certify such compliance to
the Administrator.
(7) Any owner or operator of a stationary source subject to
subparagraph (5) of this paragraph who elects to utilize stack gas
desulfurization shall be subject to the following compliance schedule:
(i) November 1, 1973—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 applicable regula-
tion.
(ii) January 1, 1974—Negotiate and sign all necessary
contracts for emission control systems or process modification, or issue
orders for the purchase of component parts to accomplish emission con-
trol or process modification.
(iii) February 1, 1974—Initiate onsite construction or
installation of emission control equipment or process modification.
(iv) May 1, 1975—Complete onsite construction or
installation of emission control equipment or process modification.
(v) July 1, 1975—Achieve compliance with the applicable
regulation and certify such compliance to the Administrator.
(8) Except as provided in subparagraph (16) of this paragraph,
the owner or operator of any stationary source subject to the following
emission limiting regulation of the Hamilton County Air Pollution Control
Regulations contained as part of the Tennessee implementation plan shall
comply with the compliance schedule in subparagraph (9) of this para-
graph: Hamilton County Air Pollution Control Regulations, rule 10,
(particulate emissions from process operations).
(9) Compliance schedule.
(i) September 15, 1973—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 applicable
regulations.
(ii) November 1, 1973—Negotiate and sign all necessary
contracts for emission control systems or process modifications, or
issue orders for the purchase of component parts to accomplish emission
control or'process modification.
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(iii) December 1, 1973—Initiate onsite construction or
installation of emission control equipment or process modification.
(iv) June 1, 1974—Complete onsite construction or
installation or emission control equipment or process modification.
(v) July 1, 1974—Achieve compliance with the applicable
regulations, and certify such compliance to the Administrator.
(10) Except as provided in subparagraph (16) of this para-
graph, the owner or operator of any process (non-fuel burning) source
of sulfur dioxide subject to the emission limiting requirements of the
Hamilton County Air Pollution Control Regulations, rule 13, contained
as part of the Tennessee implementation schedule in subparagraph (9)
of this paragraph.
(11) Except as provided in subparagraph (16) of this para-
graph, the. owner or operator of any boiler or furnace of more than
250 million BTU per hour heat input subject to the sulfur dioxide
emission limiting requirements of the Hamilton County Air Pollution
Control Requlations, rule 13, contained as part of the Tennessee
implementation plan shall notify the Administrator, no later than
October 1, 1973, of his intent to utilize either low-sulfur fuel or
stack gas desulfurization to meet these reguirements.
(12) Any owner or operator of a fuel burning facility sub-
ject to the following compliance schedule:
(i) November 1, 1973—Submit to the Administrator a
projection of the amount of fuel, by types, that will be substantially
adequate to enable compliance with the applicable regulation on July 1,
1974, and for'at least one year thereafter.
(ii) December 1, 1973—Sign contracts with fuel
suppliers for fuel requirements as projected above.
(iii) January 1, 1974—Submit a statement as to
whether boiler modifications will be required. If modifications
will be required, submit plans for such modifications.
(iv) February 1, 1974—Let contracts for necessary
boiler modifications, if applicable.
(v) February 15, 1974—Initiate onsite modifications,
if applicable.,
(vi) June 15, 1974—Complete onsite modifications,
if applicable.
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(vii) July 1, 1974—Achieve compliance with the require-
ments of Hamilton County Air Pollution Control Regulations, rule 13,
and certify such compliance to the Administrator.
(13) Any owner or operator of a fule burning facility subject
to subparagraph (11) of this paragraph who elects to utilize stack gas
desulfurization shall be subject to the following compliance schedule:
(i) November 1, 1973—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 applicable
regulations.
(ii) December 1, 1973—Negotiate and sign all necessary
contracts for emission control systems or process modifications, or
issue orders for the purchase of component parts to accomplish emis-
sion control or process modification.
(iii) December 15, 1973—Initiate onsite construction
or installation of emission control equipment or process modification.
(iv) June 15, 1974—Complete onsite construction or
installation of emission control equipment or process modification.
(v) July 1, 1974—Achieve compliance with the applicable
regulations, and certify such compliance to the Administrator.
(14) If a performance test is necessary for a determination
as to whether compliance has been achieved, such a test must be
completed by the final compliance date in the applicable regulation.
Ten days prior to such a test, notice must be given to the Administrator
to afford him the opportunity to have an observer present.
(15) Any owner or operator subject to compliance schedule
above shall certify to the Administrator, within five days after the
deadline for each increment of progress in that schedule, whether or
not the increment has been met.
(16) (i) None of the above subparagraphs shall apply to a
source which is presently in compliance with applicable regulations
and which has certified such compliance to the Administrator by October
1, 1973. The Administrator may request whatever supporting information
he considers necessary for proper certification.
(ii) Any compliance schedule adopted by the State and
approved by the Administrator shall satisfy the requirements of this
paragraph for the affected source.
• (iii) Any owner or operator subject to a compliance
schedule in this paragraph may submit to the Administrator no later
than October 1, 1973, a proposed alternative compliance schedule.
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No such compliance schedule may provide for final compliance after the
final compliance date in the applicable compliance schedule of this
paragraph. If promulgated by the Administrator, such schedule shall
satisfy the requirements of this paragraph for the affected source.
(17) No compliance schedule in this paragraph shall excuse
a source from complying with an interim emission limitation that is
applicable to such source.
(18) Nothing in this paragraph shall preclude the Administrator
from promulgating a separate schedule for any source to which the
application of a compliance schedule in this paragraph fails to satisfy
the requirements of 51.15 (b) and (c) of this chapter.
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(10.0) 52 2228 Review of New or Modified Indirect Sources
(b) Regulation for Review of New or Modified Indirect Sources
(1) All terms used in this paragraph but not specifically defined
below shall have the meaning given them in 52.01 of this chapter.
(i) The term "indirect source" means a facility, building,
structure, or installation which attracts or may attract
mobile source activity that results in emissions of a
pollutant for which there is a national standard. Such
indirect sources include, but are not limited to:
(a) Highways and roads.
(b) Parking facilities.
(c) Retail, commercial and industrial facilities.
(d) Recreation, amusement, sports and entertainment
facilities.
(e) Airports.
(f) Office and Government buildings.
(g) Apartment and condominium buildings.
(h) Education facilities.
(ii) The term "Administrator" means the Administrator of the
Environmental Protection Agency or his designated agent.
(.iii) The term "associated parking area" means a parking facil-
ity or facilities owned and/or operated in conjunction
with an indirect source.
(iv) The term "aircraft operation" means an aircraft take-off
or landing.
(v) The phrase "to commence construction" means to engage in
a continuous program of on-site construction including
site clearance, grading, dredging, or land filling specif-
ically designed for an indirect source in preparation for
the fabrication, erection, or installation of the build-
ing components of the indirect source. For the purpose
of this paragraph, interruptions resulting from acts of
God, strikes, litigation, or other matters beyond the
control of the owner shall be disregarded in determining
whether a construction or modification program is contin-
uous.
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(vi) The phrase "to commence modification" means to engage in
a continuous program of on-site modification, including
site clearance, grading, dredging, or land filling in
'preparation for specific modification of the indirect
source.
(vii) 'The term "highway section" means the development propo-
sal of a highway of substantial length between logical
termini (major crossroads, population centers, major
traffic generators, or similar major highway control ele-
ments) as normally included in a single location study or
multi-year highway improvement program as set forth in
23 CFR 770.201 (38 FR 31677).
(viii) The term "highway project" means all or a portion of a
highway section which would result in a specific con-
struction contract.
(ix) The term "Standard Metropolitan Statistical Area (SMSA)"
means such areas as designated by the U.S. Bureau of the
Budget in the following publication: "Standard Metro-
politan Statistical Area," issued in 1967, with subse-
quent amendments.
(2) The requirements of this paragraph are applicable to the follow-
ing: . • ;
(i) In an SMSA:
(a) Any new parking facility or other new indirect
source with an associated parking area, which has a
new parking capacity of 1,000 cars or more; or
(b) Any modified parking facility, or any modification
of an associated parking area, which increases
parking capacity by 500 cars or more; or
(c) Any new highway project with an anticipated average
annual daily traffic volume of 20,000 or more vehi-
cles per day within ten years of construction; or
(d) Any modified highway project which will increase
average annual daily traffic volume by 10,000 or
more vehicles per day within ten years after modifi-
cation.
(ii) Outside an SMSA:
(a) Any new parking facility, or other new indirect
' source with an associated parking area, which has
a parking capacity of 2,000 cars or more; or
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(b) Any modified parking facility, or any modification
of an associated parking area, which increases park-
ing capacity by 1,000 cars or more.
(iii) Any airport, the construction or general modification
program of which is expected to result in the following
activity within ten years of construction or modifica-
tion:
/(a) New airport: 50,000 or more operations per year by
regularly scheduled air carriers, or use by 1,600,000
or more passengers per year.
(b) Modified airport: Increase of 50,000 or more opera-
tions per year by regularly scheduled air carriers
over the existing volume of operations, or increase
of 1,600,000 or more passengers per year.
(iv) Where an indirect source is constructed or modified in
increments which individually are not subject to review
under this paragraph, and which are not part of a program
of construction or modification in planned incremental
phases approved by the Administrator, all such increments
commenced after December 31, 1974, or after the latest
approval hereunder, whichever date is most recent, shall
be added together for determining the applicability of
this paragraph.
(3) No owner or operator of an indirect source subject to this para-
graph shall commence construction or modification of such source
after December 31, 1974, without first obtaining approval from
the Administrator. Application for approval to construct or mod-
ify shall be by means prescribed by the Administrator, and shall
include a copy of any draft or final environmental impact state-
ment which has been prepared pursuant to the National Environmen-
tal Policy Act (42 U.S.C. 4321). If not included in such environ-
mental impact statement, the Administrator may request the follow-
ing information:
(i) For all indirect sources subject to this paragraph, other
than highway projects:
(a) The name and address of the applicant.
(b) A map showing the location of the site of indirect
source and the topography of the area.
(c) A description of the proposed use of the site, in-
cluding the normal hours of operation of the facil-
ity, and the general types of activities to be op-
erated therein.
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' (d) A site plan showing the location of associated
parking areas, points of motor vehicle ingress and
egress to and from the site and its associated
parking areas, and the location and height of
buildings on the site.
,(e) An identification of the principal roads, highways,
and intersections that will be used by motor vehi-
cles moving to or from the indirect source.
(f) An estimate, as of the first year after the date
the indirect source will be substantially complete
and operational, of the average daily traffic vol-
umes, maximum traffic volumes for one-hour and
eight-hour periods, and vehicle capacities of the
principal roads, highways, and intersections iden-
tified pursuant to subdivision (i) (e) of this sub-
paragraph located within one-fourth mile of all
boundaries of the site.
(g) Availability of existing and projected mass transit
to service the site.
(h) Where approval is sought for indirect sources to be
constructed in incremental phases, the information
required by this subparagraph (3). shall be submitted
for each phase of the construction project.
(i) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
j
(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.
i '
(c) Expected passenger loadings at the airport.
(d) The information required under subdivisions (i) (a)'
through (i) of this subparagraph.
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(iii) For highway projects:
(a) A description of the average and maximum traffic
volumes for one, eight, and 24-hour time periods
expected within 10 years of date of expected comple-
tion.
(b) An estimate of vehicle speeds for average and maxi-
• mum traffic volume conditions and the vehicle capac-
ity of the highway project.
(c). A map showing the location of the highway project,
including the location of buildings along the right-
of-way.
(d) A description of the general features of the high-
way project and associated right-of-way, including
, the approximate height of buildings adjacent to the
highway.
(e) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(iv) For indirect sources other than airports and those high-
way projects subject to the provisions of paragraph (b)
(6) (iii) of this section, the air quality monitoring re-
quirements of paragraph (b) (3) (i) (i) of this section
shall be limited to carbon monoxide, and shall be con-
ducted for a period of not more than 14 days.
(4) (i) For indirect sources other than highway projects and air-
ports, the Administrator shall not .approve an application
to construct or modify if he determines that the indirect
source will:
(a) Cause a violation of the control strategy of any
applicable state implementation plan; or
(fa) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The Administrator shall make the determination pursuant
to paragraph (b) (4) (i) (b) of this section by evaluat-
ing the anticipated concentration of carbon monoxide at
reasonable receptor or exposure sites which will be af-
fected by the mobile source activity expected to be at-
tracted by the indirect source. Such determination may
be made by using traffic flow characteristic guidelines
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published by the Environmental Protection Agency which
relate traffic demand and capacity considerations to am-
bient carbon monoxide impact, by use of appropriate at-
mospheric diffusion models (examples of which are refer-
enced in Appendix 0 to Part 51 of this chapter)* and/or
•by any other reliable analytic method. The applicant
may (but need not) submit with his application, the re-
sults of an appropriate diffusion.model and/or any other
reliable analytic method, along with the technical data
and information supporting such results. Any such results
and supporting data submitted by the applicant shall be
considered by the Administrator in making his determina-
tion pursuant to paragraph (b) (4) (i) (b) of this sec-
tion.
(5) (i) For airports subject to this paragraph, the Administrator
shall base his decision on the approval or disapproval of
an application on the considerations to be published as
an Appendix to this Part.
(ii) For highway projects and parking facilities specified
under paragraph (b) (2) of this section which are assoc-
iated with airports, the requirements and procedures
specified in paragraphs (b) (4) and (6) (i) and (ii) of
this section shall be met.
(6) (i) For all highway projects subject to this paragraph, the
Administrator shall not approve an application to con-
struct or modify if he determines that the indirect source
wi 11;
(a) Cause a violation of the control strategy of any ap-
plicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The determination pursuant to paragraph (b) (6) (i) (b)
of this section shall be made by evaluating the anticipa-
ted concentration of carbon monoxide at reasonable re-
ceptor or exposure sites which will be affected by the
mobile source activity expected on the highway for the ten
year period following the expected date of completion ac-
cording to the procedures specified in paragraph (b) (4)
(ii) of this section.
(iii) For new highway projects subject to this paragraph with
an anticipated average daily traffic volume of 50,000 or
> more vehicles within ten years of construction, or mod-
ifications to highway projects subject to this paragraph
which will increase average daily traffic volume by 25,000
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, or more vehicles within ten years after modification, the
Administrator's decision on the approval or disapproval
of an application shall be based on the considerations to
be published as an Appendix to this Part in addition to
the requirements of paragraph (b) (6) (i) of this section.
(7) The determination of the air quality impact of a proposed indi-
rect source "at reasonable receptor or exposure sites", shall mean
such locations where people might reasonably be exposed for time
periods consistent with the national ambient air quality standards
for the,pollutants specified for analysis pursuant to this para-
graph.
(8) (i) Within 20 days after receipt of an application or addition
thereto, the Administrator shall advise the owner or opera-
tor of any deficiency in the information submitted in sup-
port of the application. In the event of such a defi-
cie'ncy, the date of receipt of the application for the
purpose of paragraph (b) (8) (ii) of this section shall
be the date on which all required information is received
by the Administrator.
»
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
(a) Make a preliminary determination whether the indirect
source should be approved, approved with conditions
in accordance with paragraphs (b) (9) or (10) of this
section, or disapproved.
(b), Make available in at least one location in each re-
gion in which the proposed indirect source would be
constructed, a copy of all materials submitted by the
owner or operator, a copy of the Administrator's
preliminary determination, and a copy or summary of
other materials, if any, considered by the Adminis-
trator in making his preliminary determination; and
(c) Notify the public, by prominent advertisement in a
newspaper of general circulation in each region in
which the proposed indirect source would be con-
structed, of the opportunity for written public com-
ment on the information submitted by the owner or
operator and the Administrator's preliminary deter-
mination on the approvability of the indirect source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials
and agencies having cognizance over the location where
the indirect source will be situated, as follows: State
and. local air pollution control agencies, the chief exec-
utive of the city and county; any comprehensive regional
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land use planning agency; and for highways, any local
board or committee charged with responsibility for activ-
ities in the conduct of the urban transportation planning
process (3-C process) pursuant to 23 U.S.C. 134.
/
(iv) PubHc comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on ,the application. No later than 10 days after the close
of the public comment period, the applicant may submit a
written response to any comments submitted by the public.
The Administrator shall consider the applicant's response
in making his final decision. All comments shall be made
available for public inspection in at least one location
in the region in which the indirect source would be lo-
cated.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the indirect source would
be located.
(vi) The Administrator may extend each of the time periods
specified in paragraphs (b) (8) (ii), (iv), or (v) of
this section by no more than 30 days, or such other peri-
od as agreed to by the applicant and the Administrator.
(9) (i) Whenever an indirect source as proposed by an owner or
operator's application would not be permitted to be con-
structed for failure to meet the tests set forth pursuant
to paragraphs (b) (4) (i), (b) (5) (i), or (b) (6) (i)
and (iii) of this section, the Administrator may impose
reasonable conditions on an approval related to the air -
quality aspects of the proposed indirect source so that
such source, if constructed or modified in accordance
with such conditions, could meet the tests set forth
pursuant to paragraphs (b) (4) (i), (b.) (5) (i), or (b)
(6) (i) and (iii) of this section. Such conditions may
include, but not be limited to:
l(a) Binding commitments to roadway improvements or ad-
ditional mass transit facilities to serve the in-
direct source secured by the owner or operator from
governmental agencies having jurisdiction thereof;
(b) Binding commitments by the owner or operator to
specific programs for mass transit incentives for
employees and patrons of the source; and
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(c) Binding commitments by the owner or operator to con-
struct, modify, or operate the indirect source in
such a manner as may be necessary to achieve the
traffic flow characteristics published by the Envi-
ronmental Protection Agency pursuant to paragraph
(b) (4) (ii) of this section.
(ii) The Administrator may specify that any items of informa-
tion provided in an application for approval related to
the operation of an indirect source which may affect the
source's air quality impact shall be considered permit
conditions.
(10) Notwithstanding the provisions relating to modified indirect
sources contained in paragraph (b) (2) of this section, the Ad-
ministrator may condition any approval by reducing the extent to
which the indirect source may be further modified without resub-
mission for approval under this paragraph.
(11) Any owner or operator who fails to construct an indirect source
in accordance with the application as approved by the Administra-
tor; any owner or operator who fails to construct and operate an
indirect source in accordance with conditions imposed by the Ad-
ministrator under paragraph (b) (9) of this section; any owner
or operator who modifies an indirect source in violation of con-
ditions imposed by the Administrator under paragraph (b) (10) of
1 this section; or any owner or operator of an indirect source
subject to this paragraph who commences construction or modifi-
cation thereof after December 31, 1974, without applying for and
receiving approval hereunder, shall be subject to the penalties
specified under section 113 of the Act and shall be considered'in
violation of an emission standard or limitation under section 304
of the Act. Subsequent modification to an approved indirect
source may be made without applying for permission pursuant to
this paragraph only where such modification would not violate any
condition imposed pursuant to paragraphs (b) (9) and (10) of this
section and would not be subject to the modification criteria set
forth in paragraph (b) (2) of this section.
(12) Approval to construct or modify shall become invalid if construc-
tion or modification is not commenced within 24 months after re-
ceipt of'such approval. The Administrator may extend such time
period upon satisfactory showing that an extension is justified.
The applicant may apply for such an extension at the time of ini-
tial application or at any time thereafter.
(13) Approval to construct or modify shall not relieve any owner or
operator,of the responsibility to comply with the control strategy
and all local, State and Federal regulations which are part of the
applicable State implementation plan.
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(14) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting indirect source review pur-
suant tq 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 tha,t any new or modified facility containing a given num-
ber of parking spaces shall receive a permit or other prior approv-
al, issuance of which is to be conditioned on air quality consid-
erations.
(16) Notwithstanding any of the foregoing provisions to the contrary,
the operation of this paragraph is hereby suspended pending fur-
ther notice. No facility which commences construction prior to
the expiration of the sixth month after the operation of this para-
graph is reinstated (as to that type of facility) shall be subject
to this paragraph.
(37 FR 10846, May 31, 1972 as amended at 40 FR 28065, July 3,
1975; 40 FR 40160, Sept. 2, 1975)
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(17.0) 52.2232 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
i i
(1) The provisions of this paragraph have been incorporated by ref-
erence into the applicable implementation plans for various
States, as provided in Subparts B through ODD of this part. Where
this paragraph is so incorporated, the provisions shall also be
applicable to all lands owned by the Federal Government and In-
dian Reservations located in such State. The provisions of this
paragraph do not apply in those counties or other functionally
equivalent areas that pervasively exceeded any national ambient
air quality standards during 1974 for sulfur dioxide or.particu-
late matter and then only with respect to such pollutants.
States may notify the Administrator at any time of those areas
which exceeded the national standards during 1974 and therefore
are exempt from the requirements of this paragraph.
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(2) (i) For purposes of this paragraph, areas designated as Class
I or II shall be limited to the following increases in
pollutant concentration occurring since January 1, 1975:
Area Designations '
Pollutant Class I Class II
(ug/m3) (ug/m3)
Particulate matter:
Annual geometric mean 5 10
24-hr maximum 10 30
Sulfur dioxide:
Annual arithmetic mean 2 15
24-hr maximum 5 100
3-hr maximum 25 700
(ii) For purposes of this paragraph, areas designated as Class
III shall be limited td toncen tratloris" of "parti oil ate
matter and sulfur dioxide no greater than the national
ambient air quality standards.
(iii) The air quality impact of sources granted approval to
construct or modify prior to January 1, 1975 (pursuant to
the approved new source review procedures in the plan)
but not yet operating prior to January 1, 1975, shall not
be counted against the air quality increments specified
in paragraph (c) (2) (i) of this section.
(3) (i) All areas are designated Class II as of the effective
date of this paragraph. Redesignation may be proposed by
the respective States, Federal Land Manager, or Indian
Governing Bodies, as provided below, subject to approval
by the Administrator.
(ii) The State may submit to the Administrator a proposal to
redesignate areas of the State Class I, Class II, or
Class III, provided that:
(a) At least one public hearing is held in or near the>
. area affected and this public hearing is held in
accordance with procedures established in 51.4 of
this chapter, and
1 (b) Other States, Indian Governing Bodies, and Federal
Land Managers whose lands may be affected by the
proposed redesignation are notified at least 30 days
prior to the public hearing, and
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(c) A discussion of the reasons for the proposed redes-
ignation is available for public inspection at least
30 days prior to the hearing and the notice announc-
ing the hearing contains appropriate notification of
the availability of such discussion, and
(d) The proposed redesignation is based on the record of
the State's hearing, which must reflect the basis
, for the proposed redesignation, including consider-
ation of (1) growth anticipated in the area, (2)
the social, environmental, and economic effects of
such redesignation upon the area being proposed for
redesignation and upon other areas and States, and
(3) any impacts of such proposed redesignation upon
regional or national interests.
(e) The redesignation is proposed after consultation
with the elected leadership of local and other sub-
state general purpose governments in the area cov-
ered by the proposed redesignation.
(iii) Except as provided in paragraph (c) (3) (iv)" of this
section, a State in which lands owned by the Federal Gov-
ernment are located may submit to the Administrator a
proposal to redesignate such lands Class I, Class II, or
Class III in accordance with subdivision (ii) of this
subparagraph provided that:
(a) The redesignation is consistent with adjacent State
and privately owned land, and
(b) Such redesignation is proposed after consultation
with the Federal Land Manager.
(iv) Notwithstanding subdivision (iii) of this subparagraph,
the Federal Land Manager may submit to the Administrator
a proposal to redesignate any Federal lands to a more
restrictive designation than would otherwise be applic-
able provided that:
(a) The Federal Land Manager follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
, with the State(s) in which the Federal Land is lo-
cated or which border the Federal Land.
(v) Nothing in this section is intended to convey authority
to the States over Indian Reservations where States have
not assumed such authority under other laws nor is it
intended to deny jurisdiction which States have assumed
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under other laws. Where a State has not assumed juris-
diction over an Indian Reservation the appropriate In-
di(an Governing Body may submit to the Administrator a
proposal to redesignate areas Class I, Class II, or
Class III, provided that:
(a) The Indian Governing Body follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (11) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Indian Reservation
'is located or which border the Indian Reservation
and, for those lands held in trust, with the approv-
al of the Secretary of the Interior.
(vi) The Administrator shall approve, within 90 days, any re-
designation proposed pursuant to this subparagraph as
follows: .
(a) Any redesignation proposed pursuant to subdivisions
(ii) and (iii) of this subparagraph shall be approvr
ed unless the Administrator determines (1) that the
requirements of subdivisions (ii) and (iii) of this
subparagraph have not been complied with, (2) that
the State has arbitrarily and capriciously disre-
garded relevant considerations set forth in sub-
paragraph (3) (ii) (d) of this paragraph, or (3)
that the State has not requested and received dele-
gation of responsibility for carrying out the new
source review requirements of paragraphs (d) and (e)
of this section.
(b) Any redesignation proposed pursuant to subdivision
(iv) of this subparagraph shall be approved unless
• he determines (1) that the requirements of subdivi-
sion (iv) of this subparagraph have not been complied
with, or (2) that the Federal Land Manager has arbi-
trarily and capriciously disregarded relevant con-
siderations set forth in subparagraph (3) (ii) (d) of
this paragraph. ,
(c) Any redesignation submitted pursuant to subdivision
(v) of this subparagraph shall be approved unless he
determines (1) that the requirements of subdivision
(v) of this subparagraph have not been complied with,
or (2) that the Indian Governing Body has arbitrar-
ily and capriciously disregarded relevant consider-
ations set forth in subparagraph (3) (ii) (d) of this
paragraph.
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(d) Any redesignation proposed pursuant to this para-
graph shall be approved only after the Administrator
has solicited written comments from affected Federal
agencies and Indian Governing Bodies and from the
public on the proposal.
1 (e) Any proposed redesignation protested to the propos-
ing State, Indian Governing Body, or Federal Land
Manager and to the Administrator by another State or
Indian Governing Body because of the effects upon
such protesting State or Indian Reservation shall be
approved by the Administrator only if he determines
that in his judgment the redesignation appropriately
balances considerations of growth anticipated in the
area proposed to be redesignated; the social, envi-
ronmental and economic effects of such redesignation
upon the area being redesignated and upon other areas
and States; and any impacts upon regional or nation-
al interests.
(f) The requirements of paragraph (c) (3) (vi) (a) (3)
that a State request and receive delegation of the
new source review requirements of this section as a
condition to approval of a proposed redesignation,
shall include as a minimum receiving the administra-
tive and technical functions of the new source re-
view. The Administrator will carry out any required
enforcement action in cases where the State does not
have adequate legal authority to initiate such ac-
tions. The Administrator may waive the requirements
of paragraph (c) (3) (vi) (a) (3) if the State Attor-
ney-General has determined that the State cannot ac-
cept delegation of the administrative/technical func-
tions.
(vii) If the Administrator disapproves any proposed area desig-
nation under this subparagraph, the State, Federal Land
Manager or Indian Governing Body, as appropriate, may re-
submit the proposal after correcting the deficiencies
noted by the Administrator or reconsidering any area des-
'ignation determined by the Administrator to be arbitrary
and capricious.
(d) Review of new sources
(1) The provisions of this paragraph have been incorporated by refer-
ence into the applicable implementation plans for various States,
as provided in Subparts B through ODD of this part. Where this
paragraph is so incorporated, the requirements of this paragraph
apply to any new or modified stationary source of the type iden-
tified below which has not commenced construction or modification
prior to June 1, 1975 except as specifically provided below. A
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source which is modified, but does not increase the amount of
sulfur oxides or particulate matter emitted, or is modified to
utilize an alternative fuel, or higher sulfur content fuel, shall
not be subject to this paragraph. .
(i) Fossil-Fuel Steam Electric Plants of more than 1000 mil-
lion B.T.U. per hour heat input.
(ii) Coal Cleaning Plants.
(iii) Kraft Pulp Mills.
(iv) Portland Cement Plants.
i
(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 Refi neri es.
(xii) Lime Plants.
i
(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.
i
(xviii) Fuel Conversion Plants.
(xix) ^Ferroalloy production facilities commencing construction
after October 5, 1975.
(2) No owner or operator shall commence construction or modification
of a source subject to this paragraph unless the Administrator de-
termines that, on the basis of information submitted pursuant to
subparagraph (3) of this paragraph:
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(i) The effect on air quality concentration of the source or
modified source, in conjunction with the effects of growth
and reduction in emissions after January 1, 1975, of other
sources in the area affected by the proposed source, will
not violate the air quality increments applicable in the
area where the source will be located nor the air quality
increments applicable in any other areas. The analysis of
emissions growth and reduction after January 1, 1975, of
other sources in the areas affected by the proposed source
shall include all new and modified sources granted approv-
al to construct pursuant to this paragraph; reduction^in
emissions from existing sources which contributed to air
quality during all or part of 1974; and general commer-
cial, residential, industrial, and other sources of emis-
sions growth not exempted by paragraph (c) (2) (111) of
this section which has occurred since January 1, 1975.
(ii) The new or modified source will meet an emission limit,
to be specified by the Administrator as a condition to
approval, which represents that level of emission reduc-
tion which would be achieved by the application of best
available control technology, as defined in 52.01 (f),
for particulate matter and sulfur dioxide. If the Admin-
istrator determines that technological or economic limi-
tations on the application of measurement methodology to
a particular class of sources would make the imposition
of an emission standard infeasible, he may instead pre-
scribe a design or equipment standard requiring the appli-
cation of best available control technology. Such standard
shall to the degree possible set forth the emission re-
ductions achievable by implementation of such design or
equipment, and shall provide for compliance by means which
achieve equivalent results.
(iii) With respect to modified sources, the requirements of sub-
paragraph (2) (ii) of this paragraph shall be applicable
only to the facility or facilities from which emissions
are increased.
(3) In making the determinations required by paragraph (d) (2) of this
section,ithe Administrator shall, as a minimum, require the owner
or operator of the source subject to this paragraph to submit:
site information, plans, description, specifications, and drawings
showing the design of the source; information necessary to de-
termine the Impact that the construction or modification will have
on sulfur dioxide and particulate matter air quality levels; and
any other information necessary to determine that best available
control technology will be applied. Upon request of the Adminis-
trator, the owner or operator of the source shall provide informa-
tion on the nature and extent of general commercial, residential,
industrial, and other growth which has occurred in the area af-
fected by the source's emissions (such area to be specified by the
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Administrator) since January 1, 1975.
(4) (i) Where a new or modified source is located on Federal
Lands, such source shall be subject to the procedures
set forth in paragraphs (d) and (e) of this section.
Such procedures shall be in addition to applicable pro-
cedures conducted by the Federal Land Manager for admin-
istration and protection of the affected Federal Lands.
Where feasible, the Administrator will coordinate his
review and hearings with the Federal Land Manager to
avoid duplicate administrative procedures.
(ii) New or modified sources which are located on Indian
Reservations shall be subject to procedures set forth in
paragraphs (d) and (e) of this section. Such procedures
• shall be administered by the Administrator in cooperation
with the Secretary of the Interior with respect to lands
over which the State has not assumed jurisdiction under
other laws.
(iii) Whenever any new or modified source is subject to action
by a Federal Agency which might necessitate preparation
of an environmental impact statement pursuant to the
National Environmental Policy Act (42 U.S.C. 4321), re-
view by the Administrator conducted pursuant to this
paragraph shall be coordinated with the broad environmen-
tal reviews under that Act, to the maximum extent feas-
ible and reasonable.
(5) Where an owner or operator has applied for permission to con-
struct or modify pursuant to this paragraph and the proposed
source would be located in an area which has been proposed for
redesighation 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 has1acted 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-
igraph (e) (1) (ii) of this section shall be the date on
which all required information is received'by the Admin-
istrator.
(ii) 'Within 30 days after receipt of a complete application,
the Administrator shall:
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(a) Make a preliminary determination whether the source
should be approved, approved with conditions, or dis-
, approved.
(b) Make available in at least one location in each re-
gion in which the proposed source would be construct-
ed, a copy of all materials submitted by the owner or
operator, a copy of the Administrator's preliminary
determination and a copy or summary of other materi-
als, if any, considered by the Administrator in mak-
ing his preliminary determination; and
a(c) ( Notify the public, by prominent advertisement in
newspaper of general circulation in each region in
which the proposed source would be constructed, of
the opportunity for written public comment on the in-
formation submitted by the owner or operator and the
Administrator's preliminary determination on the ap-
provability of the source.
(iii) A copy of the notice required -pursuant to this subpara-
graph shall be sent to the applicant and to officials and
agencies having cognizance over the locations where the
source will be situated as follows: State and local air
pollution control agencies, the chief executive of the
city ana 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-
sidefed by'the Administrator in making his final decision
on the application. No later than 10 days after the
close of the public comment period, the applicant may sub-
mit a written response to any comments submitted by the
public. The Administrator shall consider the applicant's
response in making his final decision. All comments shall
be made available for public inspection in at least one
location in the region in which the source would be located.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the source would be lo-
cate'd,,
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(vi) The'Administrator may extend each of the time periods
specified in paragraph (e) (1) (ii), (iv), or (v) of this
section by no more than 30 days or such other period as
agreed to by the applicant and the Administrator.
(2) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as ap-
proved and conditioned by the Administrator, or any owner or op-
erator of a stationary source subject to this paragraph' who com-
mences construction or modification after June 1, 1975, without
applying for and receiving approval hereunder, shall be subject
to enforcement action under section 113 of the Act.
(3) Approval to construct or modify shall become invalid if construc-
tion or expansion is not commenced within 18 months after receipt
of such approval or if construction is discontinued for a period
of 18 months or more. The Administrator may extend such time pe-
riod upon a satisfactory showing that an extension is justified.
(4) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strat-
egy and all local, State, and Federal regulations which are part
of the applicable State Implementation Plan.
(f) Delegation of authority
(1) The Administrator shall have the authority to delegate responsi-
bility for implementing the procedures for conducting source re-
view pursuant to paragraphs (d) and (e), in accordance with sub-
paragraphs (2), (3), and (4) of this paragraph.
(2) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting source review pursuant to
this section.to any Agency, other than a regional office of the
Environmental Protection Agency, the following provisions shall
apply:
(i) Where the agency designated is not an air pollution con-
trol agency, such agency shall consult with the appropri-
ate State and local air pollution control agency prior to
making any determination required by paragraph (d) of
this section. Similarly, where the agency designated
does not have continuing responsibilities for managing
land(use, such agency shall consult with the appropriate
State and local agency which is primarily responsible for
managing land use prior to making any determination re-
quired by paragraph (d) of this section.
(ii) A copy of the notice pursuant to paragraph (e) (1) (ii)
(c) of this section shall be sent to the Administrator
through the appropriate regional office.
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(3) In accordance wjth 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 fcy 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 art his discretion, to the extent permissible under ap-
plicable statutes and regulations, require the lessee or permittee
to be subject to a designated State or local agency's procedures
developed pursuant to paragraphs (d) and (e) of this section.
(4) The Administrator's authority for implementing the procedures for
conducting source review pursuant to this section shall not be re-
delegated, other than to a regional office of the Environmental
Protection Agency, for new or modified sources which are located
on Indian reservations except where the State has assumed juris-
diction over such land under other laws, in which case the Admin-
istrator may delegate his authority to the States in accordance
with subparagraphs (2), (3), and (4) of this paragraph.
(39 FR 42514, .Dec. 5, 1974; 40 FR 2802, Jan. 16, 1975, as
amended at 40 FR 24535, June 9, 1975; 40 FR 25005, June 12,
2975; 40 FR 42012, Sept. 10, 1975)
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