U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 274
Air Pollution Regulations in State
Implementation Plans: Missouri
Abcor Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NO
Aug 78
-------
United States Office of Air Quality
Environmental Protection Planning and Standards
Agency Research Triangle Park NC 27711
PPA-450/3-78-075
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
Missouri
-------
TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1. REPORT NO.
EPA-450/3-78-075
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation i
Plans: Missouri
7 AUTHORIS)
3. RECIPIENT'S ACCESSION-NO.
6. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
8. PERFORMING ORGANIZATION REPORT NO.
10. PROGRAM ELEMENT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
11. CONTRACT/GflANT NO.
68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
13. TVPE OF REPORT AND PERIOD COVERED
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1,1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air Quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
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
20. SECURITY CLASS (This page)
Unclassified
22. PRICE
PC,
EPA Form 2220-1 (9-73)
-------
EPA-450/3-78-075
Air Pollution Regulations
in State Implementation Plans:
Missouri
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-450/3-78-075
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 thq 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 SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceabi1ity of any given regulation. As stated above, 1t is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceabi1ity of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
IV
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SUMMARY SHEET
OF
EPA-APPRQVED REGULATION CHANGES
MISSOURI
Submittal Date
8/8/72
5/24/73
Approval Date
10/28/72
11/8/73
Description
Kansas City Ordinance
Chap 18; St. Louis Regs
XVIII, XX, XXVI; Kansas
City Regs X, XII, XVII;
State Regs S-II, S-XIII,
S-XII
Alert Plan for St. Louis
County and State
FEDERAL REGULATIONS
Section Number
52.1324
52.1324
52.1339
Description
General Requirements
Review of New or Modified
Indirect Sources
Prevention of Significant
Deterioration
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DOCUMENTATION OF CURRENT EPA-APPROVEO
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
n.O NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
VI
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters,
R1ce and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulates
(includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil. natural gas, coal) - N02 (includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (includes Related Topic)
51.13 OPEN BURNING (includes Forest Management, Forest Fire, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (Includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
VII
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TABLE OF CONTENTS
STATE REGULATIONS
Revised Standard
Section
Subject Index Number
(12.0) Regulation S-I
(2.0)
(51.9)
(50.1.1)
(51.5)
(50.1)
(50.1.2)
(50.6)
(50.2)
(8.0)
(14.0)
(13.0)
(51.13)
Regulation S-II
Regulation S-IV
Regulation S-V
Regulation S-VI
Regulation S-VII
Regulation S-VIII
Regulation S-IX
Regulation S-X
Regulation S-XI
Regulation S-XII
Regulation S-XIII
Regulation S-III
Title Page
Auto Exhaust Emission
Controls 1
Approval of Planned
Institutions 3
Incinerators 6
Restriction of Emission of
Particulate Matter From
Industrial Processes 10
Maximum Allowable Emissions
of ParticuTpte Matter From
Fuel Burning Equipment Used
For Indirect Heating 16
Restriction of Particulate
Matter From Becoming
Airborne 21
Restriction of Emission
of Visible Air Contaminants 23
Restriction of Emission
of Odors 26
Restriction of Emission of
Sulfur Compounds 27
Rules For Controlling
Emissions During Periods of
High Air Pollution Potential 32
Public Availability of
Emission Data 45
Submission of Emission
Information 45
Open Burning Restrictions 46
VIII
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CITY OF INDEPENDENCE
Revised Standard
Subject Index
(2.0)
(1.0)
(2.0)(15.0)
(51.13)
(50.1)
(50.1.2)
(50.6)
2.0)(50.1.2)
(51.9)
(2.0)
(2.0)
(14.0)
(2.0)
(8.0)
(8.0)
(2.0)
(2.0)
(15.0)
Section
Number
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
11.150
11.151
11.152
11.153
11.154
11.155
11.156
11.157
11.158
11.159
11.160
11.161
11.162
11.163
11.164
11.165
11.166
11.167
Title
Short Title
Definitions
Administration and Enforce-
ment
Open Burning Restriction
Restrictions of Particulate
Matter
Restrictions of Emissions of
Visible Air Contaminants
Restriction of Emission of
Odors
Emission of Visible Air Con-
taminants From Internal
Combustion Engines
Incinerators
Plans and Specifications
Air Pollution Control Board
of Appeals
Confidentiality
Circumvention
Uncontrolable Force or Upset
Conditions
Emergency Condition
Public Nuisance
Actionable Rights
Penalties
Page
50
50
53
56
57
65
67
67
67
70
70
74
74
74
75
76
76
76
IX
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KANSAS CITY METROPOLITAN AREA REGULATIONS
Revised Standard
Subject Index
(1.0)
(50.1.1)
(51.5)
(50.1)
(50.1.2)
(50.6)
(12.0)(50.1.2)
(51.9)
(51.13)
(2.0)
(9.0)
(3.0)
(2.0)
(6.0)
(50.2)
Section
Number
Regulation I
Regulation II
Regulation III
Regulation IV
Regulation V
Regulation VI
Regulation VII
Regulation VIII
Regulation IX
Regulation X
Regulation XI
Regulation XII
Regulation XIII
Regulation XIV
Regulation XV
Title Page
Definitions 78
Restriction of Emission of
Particulate Matter From
Industrial Processes 80
Maximum Allowable Emission
of Particulate Matter From
Fuel Burning Equipment Used
For Indirect Heating 84
Preventing Particulate
Matter From Becoming
Airborne 86
Restriction of Emission of
Visible Air Contaminants 88
Restriction of Emission of
Odors 90
Emission of Visible Air
Contaminants From Internal
Combustion Engines 90
Incinerators 90
Open Burning Restrictions 93
Approval of Planned
Installations 95
Measurement of Emissions of
Air Contaminants 98
Submission of Emission
Information 98
Circumvention 99
Time Schedule For Compliance 99
Restriction of Emission of
Sulfur Compounds 100
-------
Revised Standard
Subject Index
(8.0)
(14.0)
Section
Number
Regulation XVI
Regulation XVII
Title
Public Availability of
Emission Data
Page
Rules For Controlling
Emissions During Periods of
High Air Pollution Potential 100
113
SPRINGFIELD - GREEN COUNTY
Revised Standard
Subject Index
(1.0)
(50.1.1)
(51.5)
(50.1)
(50.1.2)
(50.6)
(51.9)
(51.13)
(2.0)
(9.0)
(13.0)
Section
Number
Regulation I
Regulation II
Regulation III
Regulation IV
Regulation V
Regulation VI
Regulation VII
Regulation VIII
Regulation IX
Regulation X
Regulation XI
Title Page
Definitions 114
Restriction of Emission of
Particulate Matter From
Industrial Processes 116
Maximum Allowable Emission
of Particulate Matter From
Fuel Burning Equipment Used
For Indirect Heating 119
Preventing Particulate
Matter From Becoming
Airborne 122
Restrictions of Emission of
Visible Air Contaminants 122
Restriction of Emission
of Odors 124
Incinerators 124
Open Burning Restrictions 127
Approval of Planned
Installations Required 128
Measurement of Emissions of
Air Contaminants 129
Submission of Emission
Information -- Authority 129
XI
-------
Revised Standard
Subject Index
(2.0)
(6.0)
(50.2)
(8.0)
Section
Number
Regulation XII
Regulation XIII
Regulation XIV
Regulation XV
Title
Circumvention
Time Schedule For Compliance
Restriction of Emission of
Sulfur Compounds
Rules For Controlling
Emissions During Periods of
High Air Pollution Potential
Page
129
129
130
135
ST. LOUIS METROPOLITAN AREA
Revised Standard
Subject Index
(1.0)
(51.5)
(51.5)
(50.1.1)
(51.5)
(51.13)
(51.9)
(51.1.2)
Section
Number
Regulation I
Regulation II
Regulation III
Regulation IV
Regulation V
Regulation VI
Regulation VII
Regulation VIII
Title
Definitions
Maximum Allowable Emission
of Parti cul ate Matter From
Fuel Burning Equipment Used
For Indirect Heating
Use of Fuel in Hand-Fired
Equipment Prohibited
Restriction of Emission of
Parti cul ate Matter From
Industrial Processes
Refuse Not To Be Burned In
Fuel Burning Installations
Open Burning Restrictions
Incinerators
Restriction of Emission of
Page
149
151
157
157
161
161
164
(50.1)
(50.2)
Regulation IX
Regulation X
Visible Air Contaminants 166
Preventing Particulate Matter
From Becoming Airborne 167
Restriction of Emissions of
Sulfur Dioxide For Use of
Fuel 167
XII
-------
Revised Standard
Subject Index
(2.0)
(51.6)
(50.7)
(50.2)
(50.6)
(51.21)
(12.0)(50.1.2)
(2.0)
(9.0)
(13.0)
(51.16)
(2.0)
(2.0)
Section
Number
Regulation XI
Regulation XII
Regulation XIII
Regulation XIV
Regulation XV
Regulation XVI
Regulation XVII
Regulation XVIII
Regulation XIX
Regulation XX
Regulation XXI
Regulation XXII
Regulation XXIII
(6.0)
(8.0)
Regulation XXIV
Regulation XXV
Title Page
Information on Sales of
Fuels To Be Provided and
Maintained 170
Certain Coals To Be Washed 171
Emission of Certain Settle-
able Acids and Alkaline
Substances Restricted 171
Emission of Certain Sulfur
Compounds Restricted 172
Control of Odors in the
Ambient Air 176
Control of Odors From
Processing of Animal Matter 176
Emission of Visible Air Con-
taminants From Internal
Combustion Engines 178
Approval of Planned
Institutions 178
Measurement of Emissions of
Air Contaminants 181
Submission of Emission
Information 181
Requirements For Construction
of New Gasoline Storage
Facilities 182
Circumvention 183
Additional Air Quality
Control Measures May Be
Required When Sources Are
Clustered In A Small Land
Area 184
Time Schedule For Compliance 184
Rules For Controlling
Emissions During Periods of
High Air Pollution Potential 185
XIII
-------
Revised Standard
Subject Index
(14.0)'
Revised Standard
Subject Index
(2.0)
(2.0)
(2-0)
(1.0)
(2.0)
(15.0)
(15.0)
(16.0)
(2.0)
(3.0)
(3.0)
Section
Number
Regulation XXVI
CITY OF
Section
Number
Section 1
Chapter 2A
Article I
Sec. 2A-1
Sec. 2A-2
Article II
Sec. 2A-3
Sec. 2A-4
Sec. 2A-5
Article III
Sec. 2A-6
Sec. 2A-7
Title
Public Availability of
Emission Data
SPRINGFIELD
Title
Air Pollution Control
Standards
In General
Purpose
Definitions
Administrative Organization
Director of Health To
Enforce Chapter
Specific Powers of Director
of Health
Establishment of Board of
Air Pollution Appeals
Approval of Planned
Installations
Plans Shall Demonstrate
Compliance With This Chapter
Before Permit Shall Issue
Permit Not Required - When
Page
196
Page
198
198
198
198
198
202
202
202
203
203
203
204
(3.0) Sec. 2A-8
(3.0)
Sec. 2A-8.1
Director of Health May
Require Certification of
Plans In Compliance With
Code 204
Issuance of Permit Shall
Not Excuse A Failure of
Compliance 204
XIV
-------
Revised Standard
Subject Index
(50.1.2)
(50.1.2)
(2.0)
(51.5)
(2.0)
(2.0)
(2.0)
(9.0) (50.1)
(51.5)
(9.0)
(2.0)
(50.1.1)
(2.0)
(9.0)
(2.0)
(2.0)
(2.0)
Section
Number
Article IV
Sec. 2A-9
Sec. 2A-10
Article V
Sec. 2A-11
Sec. 2A-12
Sec. 2A-13
Sec. 2A-14
Sec. 2A-15
Sec. 2A-lfi
Sec. 2A-17
Article VI
Sec. 2A-18
Sec. 2A-19
Sec. 2A-20
Sec. 2A-21
Sec. 2A-22
Title
Page
Restriction on Emmission
of Visible Air Contaminants
from Equipment 205
Limitation on Emission of
Visible Air Contaminants
205
Exceptions to Section 2A-Q 205
Emission of Particulate
Matter from Fuel Burning
Equinment 206
Purpose of this Article 206
Determinina Heat Content
of Coal ~ 206
Determining Heat Innut 206
Measurement of Particulate
Matter Emitted 207
Emission Limitations on
Fuel Burning Equipment 207
Tests for Compliance with
this Article shall not be
made-when 208
Certain Equipment Deemed
to Comply with this Article 208
Restriction on Emission
of Particulate Matter from
Industrial Processes 208
General Provisions of this
Article 208
Emission Tests Made-How 200
Emission Limitations in
General 20P
Special Limitations 209
Allowable Substitute for
Source Gas and Volume 209
XV
-------
Revi sed Standard
Section
Subject Index
(Sn.l)
(2.0)
(9.0)
(9.0)
(9.0)
(9.0)
(51.13)'
(51.13)
(51.13)
(51.13)
(51.13)
(2.0)
(51.9)
(51.9)
(51.9)
(51.9)
(50.1) (51.9)
Number
Sec. 2A-23
Sec. 2A-24
Article VII
Sec. 2A-25
Sec. 2 A- 26
Sec. 2A-27
Article VIII
Sec. 2A-28
Sec. 2A-29
Sec. 2A-30
Sec. 2A-31
Sec. 2A-33
Article IX
Sec. 2A-3/I
Sac. 2A-35
Sec. 2 A- 36
Sec. 2A-37
Title
Page
Maximum Emission of
Parti cul ate Matter not
Withstanding Sections
2A-21 and 2A-22 209
Exceotions to this Article' 210
Stack Emission Test Method 210
Stack Emission Test Methods
in General
Test Facilities
Cost of Emission Tests
Open Burning
Open Burning of Refuse
Prohibited
Salvage Operations by
Open Burning Prohibited
Restrictions on Burning
of Trade Wastes
Certain Ooen Burning
Allowed-When
211
211
211
211
211
211
211
Exceotions to this article 212
Incinerator
Prohibition of Single
Chamber Incinerators
Maximum Emission Limita-
tions from Incinerators
213
213
213
Determination of Burning
Capacity of an Incinerator 213
Determination of Parti cul ate
Matter Emitted from an
Incinerator 213
XVI
-------
Revised Standard
Subject Index
(6.0) (51.9)
(50.6)
(50.6)
(50.6)
(50.7)
(50.1)
(13.0)
(2.0)
(5.0)
(3.0)
(2.0)
(2.0)
(16.0)
(16.0)
(7.0)
(7.0)
Section
Number
Sec. 2A-38
Article X
Sec. 2A-39
Sec. 2A-40
Article XI
Sec. 2A-41
Article XII
Sec. 2A-42
Article XIII
Sec. 2A-43
Article XIV
Sec. 2A-44
Article XV
Sec. 2A-45
Article XVI
Sec. 2A.-46
Title Page
Time Limit for Existing
Incinerators to be broupht
into compliance 214
Control of ^dors in the
Ambient Air 214
Prohibition on Emission
of Odor 214
Determination of
Objectionable Odor 214
Nuisances Because of Air
Pollution 215
Unlawful to Permit Escape
of Gases or Particulate
Matter so as to Endanger
Health, Safety or Welfare 215
Submission of Information 215
Dirctor of Health May Require
Information About Emission
of Air Contaminants 215
Variance Provisions 215
Director of Health May
Issue Temporary Permits tc
Grant Time to Come Into Com-
pliance with this Chaoter 215
Sealing 217
Sealing of Equioment in
Violation of this Chapter 217
Hearings
Hearings of Board of Air
Pollution Anpeals 217
Breakdown of Equipment 218
The Results of Breakdown
of Equipment 218
XVII
-------
Revised Standard
Subject Index
(2.0)
(2.0)
(2.0)
(2.0)
(15.0)
(15.0)
(2.0) ,
(9.0)
(9.0)
(50.1.2)
(9.0)
(50.1.1)
(50.1)
(50.1)
Section
Number
Article XVII
Sec. 2A-47
Article XVIII
Sec. 2A-48
Article XIX
Sec. 2A-49
Sec. 2A-50
Articel XX
Sec. 2A-51
Sec. 2A-52
Sec. 2A-53
Sec. 2A-54
Sec. 2A-55
Sec. 2A-56
Title Page
Circumvention 219
Unlawful to Install a Device
to Control Emissions 219
Service of Orders or Notices 219
Method of Service of Notice
or Orders 219
Enforcement of this Chapter 219
Punishment for Violation of
this Chapter 219
Director of Health May Cause
Appropriate Civil Proceedings
to be Brought 220
Test Methods and Tables 220
ASTM Test Method C-24-56,
Being a Method of Testing for
"Pyrometric Cone Equivalent
(PCE) of Refractory
Materials". 220
Ringelmann Scale 220
ASTM Test Method D-271-68,
Being a Method of "Laboratory
Sampling and Analysis of Coal
and Coke"; ASTM Method
D-2015-66 220
Table 1-Maximum Allowable
Particulate Emission; Table
2-Alternate Method Relating
to Particulate Emission;
Table 3-Emissions from
Existing Foundry Cupolas 221
ASTM Method PTC-21-1941 on
"Dust Separating Apparatus" 223
ASTM Method PTC-27-1957 on
"Determining Dust Concentra-
tion in a Gas Stream". 223
XVIII
-------
Revised Standard
Subject Index
(2.0)
Revised Standard
Subject Index
(2.0)
(2.0)
(1.0)
(15.0)
(51.13)
(50.1.1)
(50.1.2)
(50.6)
(12.0) (50.1.2)
(50.2)
(51.9)
(10.0)
(3.0)
(16.0)
(14.0)
Section
Number
Title
Section 2
Page
223
Kansas City
Section
Number
Article III
Sec. 18.82
Sec. 18.83
Sec. 18.84
Sec. 18.85
Sec. 18.86
Sec. 18.87
Sec. 18.88
Sec. 18.89
Sec. 18.90
Sec. 18.91
Sec. 18.92
Sec. 18.93
Sec. 18.94
Sec. 18.95
Title
Air Pollution
Short Title
Definitions
Administration and
Enforcement
Open Burning Restrictions
Restriction of Particulate
Matter
Restrictions of Emissions of
Visible Air Contaminants
Restriction of Emission of
Odors
Emission of Visible Air
Contaminants From Internal
Combustion Engines
Page
224
224
224
227
321
232
240
242
242
Emission of Sulfur Compounds
in Certain Amounts and Manner
Restricted 242
Incinerators 243
Review of New Sources and
Modifications 246
Permit to Operate; Notifica-
tion and Record Keeping 248
Air Pollution Control Board
of Appeals 249
Confidentiality of Records 253
XIX
-------
Revised Standard
Subject Index
(2,0)
(2.0)
(16.0)
(8.0)
(8.0)
(16.0)
(50.7)
(15.0)
(2.0)
Revised Standard
Subject Index
(14.0)
(10.0)
Section
Number
Sec. 18.96
Sec. 18.97
Sec. 18.98
Sec. 18.99
Sec. 18.100
Sec. 18.101
Sec. 18.102
Sec. 18.102.1
Sec. 18.102.2
Federally Promul
Section
Number
52.1324
52.1324
Title
Circumvention
Uncontrollable Force or
Upset Conditions
Judicial Review of Orders of
the Board
Emergency Condition
Rules for Controlling
Emissions During Periods of
High Air Pollution Potential
Air Pollution Control
Advisory Board
Public Nuisance
Penalties
Actionable Rights
gated Regulations
Title
General Requirements
Review of New or Modified
Page
254
254
255
255
256
269
270
270
271
Page
273
(17.0)
52.1339
Indirect Sources 274
Prevention of Significant
Deterioration 284
XX
-------
(12.0) Regulation S-I AUTO EXHAUST EMISSION CONTROLS
A. Definitions
The following definitions shall apply to these regulations:
1. Motor vehicle - Any self-propelled vehicle.
2. Vehicle - Any mechanical device on wheels, designed primarily for
use on streets, roads, or highways, except those propelled or
drawn by human or animal power, or those used exclusively on
fixed rails or tracks.
3. Motorcycle - A motor vehicle operated on two wheels.
4. Motor tricycle - A motor vehicle operated on three wheels,
including a motorcycle with any conveyance, temporary or other-
wise, requiring the use of a third wheel.
5. Model year - The annual production period of new motor vehicles
designated by the calendar year in which such period ends,
provided that if the manufacturer does not so designate vehicles
shall mean the twelve month period beginning January 1 of the
year specified herein.
6. Positive crankcase ventilation system - Any system or device
which prevents the escape of crankcase emissions to the ambient
air.
7. Commercial vehicle - A motor vehicle designed or regularly used
for carrying freight and merchandise, or more than eight
passengers.
B. Ignition System and Engine Speed
All 1968 and subsequent model year gasoline powered motor vehicles
shall be maintained so as to be in compliance with the following
requirements:
1. The number of revolutions per minute of an engine while operating
at idle speed shall be in accordance with the specifications,
and determined under conditions, published by the manufacturer,
but in no case shall the idle speed be less than the minimum
specified in such published specifications. Revolutions per
minute shall be determined by a tachometer or other device which
shall be tested for accuracy and precision at reasonable intervals
under such terms and conditions as the Executive Secretary may
direct.
-1-
-------
2. Ignition timing of an engine shall comply with the published
specifications of the manufacturer as determined in accordance
with procedures and conditions specified by the manufacturer.
3. All cylinders shall be firing.
C. Crankcase Ventilation Systems
The positive crankcase ventilation system on all 1968 and subsequent
model year gasoline powered motor vehicles, except motorcycles and
motor tricycles, and all 1969 and subsequent model year gasoline powered
motor vehicles, including motorcycles and motor tricycles, shall meet
the following requirements:
1. The plumbing and connections shall be properly connected as
installed by the manufacturer and free of obstructions and
leakage.
2. There shall be a negative pressure (suction) at the inlet of
the crankcase ventilation valve.
3. The crankcase ventilation valve shall be freely operative so
as to regulate the flow of gases through the system.
D. Exhaust Emission Control Systems
1. Air injection systems
Exhaust emission control air injection systems on those gasoline
powered motor vehicles so equipped by the manufacturer shall
operate so that:
a. The air delivery hoses, connections, and air distribution
manifold shall be properly connected as installed by the
manufacturer and free of obstructions and leakage.
b. The air compressor drive belt tension shall be within
manufacturer's specifications.
c. There is a positive air flow from the air pump to the air
delivery distribution manifold.
d. The check valve prevents any reverse air flow from the air
distribution manifold out through the check valve inlet.
e. The anti-backfire valve, gulp-valve, air bypass valve, or
other similar device with the same function permits the
passage of air from the air pump to the exhaust manifold
or manifolds, except when the carburetor throttle is closed
rapidly from an open position as in deceleration.
-2-
-------
2. Engine modification systems
All vacuum control valves, vacuum lines, mechanical linkage,
electrical circuits and switches peculiar to certain engine
modification systems shall be properly connected as installed
on all 1968 and subsequent model year gasoline powered motor
vehicles so equipped by the manufacturer.
3. The requirements of this section (0) shall apply to all gasoline
powered motor vehicles with the following exceptions:
a. Vehicles of 1967 or earlier model year.
b. Vehicles not equipped by the manufacturer with exhaust
emission control air injection systems.
c. Commercial vehicles of over 1,000 pounds designed capacity.
d. Motor vehicles with an engine displacement of less than 50
cubic inches (819.35 cubic centimeters).
(2.0) Regulation S-II APPROVAL OF PLANNED INSTALLATIONS
A. Application
This regulation shall apply throughout the State of Missouri except in the
City of St. Louis, and St. Charles, St. Louis, Jefferson, Franklin,
Clay, Cass, Buchanan, Ray, Jackson, Platte and Greene Counties.
B. Definitions
1. Commenced -an owner or operator has undertaken a continuous
program of construction or modification or that an owner or
operator has entered into a binding agreement or contractual
obligation to undertake and complete, within a reasonable time,
continuous program of construction or modification.
2. Construction - fabrication, erection, or installation.
3. Modification - any physical change in, or change in method of
operation of an air contaminant source which increases the
amount of any air pollutant emitted by such source or which results
in the emission of any air pollutant not previously emitted.
4. Startup - the setting in operation of a source for any purpose.
5. Owner or operator - any person who owns, leases, operates,
controls or supervises an air contaminant source.
-3-
-------
General
1. No owner or operator shall commence construction or modification
of any air contaminant source after the effective date of this
regulation without first obtaining a permit from the Executive
Secretary.
2. Each application for a construction permit shall be accompanied
by site information, plans, descriptions, specifications and
drawings showing the design of the source, the nature and amount
of emissions, and the manner in which it will be operated and
controlled.
3. Any additional information, plans, specifications, evidence or
documentation that the Executive Secretary may require so be
furnished upon request.
4. No permit to construct or modify shall be issued if it is deter-
mined that the proposed source will prevent the attainment or
maintenance of ambient air quality standards or violate any of
the regulations pursuant to Chapter 203, RSMo.
5. Upon receipt of an application, the Executive Secretary shall
act promptly, shall notify the applicant in writing of his
approval, conditional approval, or denial of the application.
The Executive Secretary will set forth his reasons for any denial
6. The Executive Secretary may impose any reasonable conditions,
upon a permit, including conditions requiring the source to be
provided with:
a. Sampling ports of a suitable size, number and location,
b. Safe access to each port,
c. Instrumentation to monitor and record emission data, and
d. Other sampling and testing facilities.
7. A permit may be cancelled if construction or modification
work is not begun within two (2) years from the date of issuance,
or if work is suspended for one (1) year.
8. Any owner or operator subject to the provisions of this regula-
tion shall furnish the Executive Secretary written notification
as follows:
-4-
-------
a. A notification of the anticipated date of initial startup
of source not more than 60 days or less than 30 days prior
to such date.
i
b. A notification of the actual date of initial startup of
a source within 15 days after such date.
9. Within 60 days after achieving the maximum production rate at
which the source will be operated, but not later than 180 days
after initial startup of such source, the owner or operator of
such source shall conduct performance test(s) in accordance
with methods and under operating conditions approved by the
Executive Secretary and furnish the Executive Secretary a
written report of the results of such performance test.
a. Such tests shall be at the expense of the owner or operator.
b. The Executive Secretary may monitor such tests and may also
conduct performance tests.
c. The owner or operator of a source shall provide the Executive
Secretary 15 days prior notice of the performance test to
afford the Executive Secretary the opportunity to have an
observer present.
10. Approval to construct shall not relieve any owner or operator
of the responsibility to comply with other local, state and
federal regulations.
D. Exception:
1. Fuel burning equipment which use gas or oil of grade #3 or
lighter for space heating, air conditioning, or heating water
is used in a private dwelling; or has a heat input as specified
by the manufacturer or designer of less than 350,000 BTU's
per hour.
2. Mobile internal combustion engines.
3. The construction of a private residence.
4. Portable equipment including, but not limited to rock crushers,
asphalt plants, and concrete batching plants shall be exempted
from the requirements of this regulation after an initial permit
has been obtained, provided that:
a. Each new location is reported to the Executive Secretary as
early as possible, but in no case later than fourteen (14)
days prior to ground breaking or initial equipment, erection,
and
-5-
-------
b. The equipment that was originally approved, shall be operated
and maintained in a manner identical to that as specified
in the initial construction permit.
5. Planned periodic modification of air contaminant sources shall be
exempted from the requirements of this regulation, provided that:
a. A prior permit has been obtained for all planned air contami-
nant sources, and
b. Each modification be reported to the Executive Secretary as
soon as possible, and
c. The prior permit contains provisions for controlling emissions
from all probable air contaminant sources that may be expected
to come into existence as a result of the periodic modifications
6. Other sources of minor significance specified by the Executive
Secretary.
(51.9) Regulation S-IV INCINERATORS
A. Application
This regulation shall apply throughout the State of Missouri except in
the City of St. Louis, and St. Charles, St. Louis, Jefferson, Franklin,
Clay, Cass, Buchanan, Jackson, Platte, and Greene Counties.
B. Definitions
The following definitions shall apply to this regulation:
1. Refuse - Garbage, rubbish, trade wastes, leaves, salvageable
material, agricultrual wastes, or other wastes.
2. Incinerator - Any article, machine, equipment, contrivance,
structure, or part of a structure used to dispose of refuse by
burning wherein air contaminants resulting from combustion are
passed into the ambient air through a stack or chimney from an
enclosed chamber. For the purposes of this definition a chamber
shall be regarded as enclosed, when during the time combustion
takes place, only such apertures, ducts, stacks, flues or
chimneys as are necessary to provide combustion air and to
permit the escape of exhaust gases are open.
-6-
-------
3. New incinerator - Any incinerator except for tepee burners,
which is first put into operation on or after the effective
date of this regulation or which on or after the effective date
of this regulation is altered, reconstructed, rebuilt, or re-
paired at a cost of thirty percent (30%) or more of its replace-
ment cost of installation, including, but not limited to, the cost
of equipment, assembly, materials, and related labor.
4. New tepee burner - One not in existence as of the effective date
of this regulation.
5. Multiple chamber incinerator - Any incinerator consisting of three
or more refractory lined combustion furnaces in series, physically
separated by refractory walls, interconnected by gas passage
ports or ducts and employing adequate design parameters necessary
for maximum combustion of the material to be burned, the refract-
ories having a Pyrometric Cone Equivalent of 31, tested according
to the method described in the American Society for Testing and
Materials, Method C-24-56, or other method approved by the Execu-
tive Secretary of the Air Conservation Commission.
6. Ringelmann Chart - "Ringelmann's Scale for Grading the Density
of Smoke" as published in U. S. Bureau of Mines Information Circu-
lar 8333.
7. Standard conditions - A gas temperature of 60 degrees Fahrenheit
and a gas pressure of 14.7 pounds per square inch absolute.
C. General Provisions
1. This regulation shall apply to any incinerator used to dispose
of refuse by burning to to process salvageable material by burning.
2. The burning capacity of an incinerator shall be the manufacturer's
or designer's guaranteed maximum rate or such other rate as may
be determined by the Executive Secretary in accordance with good
engineering practice.
3. All new incinerators shall be multiple chamber incinerators,
provided that the Executive Secretary may approve any other
kind of incinerator if he finds in advance of construction or
installation that such other kind of incinerator will comply
with the requirements of Section D.
4. Each new incinerator will have affixed to it a plate inscribed
with a set of instructions which clearly set forth in proper
sequence the steps necessary to effect the satisfactory operation
of the incinerator and the manufacturer's or designer's recom-
mended burning rate in pounds of refuse per hour and the heat
-7-
-------
input of the burners in BTU's per hour. The plate shall be
conspicuously located so as to be readily visible to the inciner-
ator operator.
5. Within thirty (30) days after the date on which construction of
an incinerator is completed, the operator shall file a request
with the Executive Secretary to schedule the performance tests
provided in Section E of this regulation. If the results of the
performance test indicate that the incinerator is not operating
in compliance with Section D of this regulation, no person may
cause or permit further operation of the incinerator, except
for additional tests as outlined in Section E of this regulation,
until approval is received from the Executive Secretary.
D. Restriction of Emissions from Incinerators
1. No person may cause or permit the emission of particulate
matter from the chimney, stack or vent of any new incinerator in
excess of the following:
a. Incinerators with a refuse burning capacity of 200 or more
pounds per hour: 0.2 grains of particulate matter per
standard dry cubic foot of exhaust gas, corrected to 12
percent (12%) carbon dioxide.
b. All other new incinerators: 0.3 grains of particulate
matter per standard dry cubic foot of exhaust gas, corrected
to 12 percent (12%) carbon dioxide.
2. No person may cause or permit the emission from any incinerator
any air contaminant of a shade or density equal to or darker than
that designated by the number on the Ringelmann Chart specified
herein, or of such capacity as to obscure an observer's view
to a degree equal to or greater than an emission designated by
that number on the Ringelmann Chart as specified herein:
a. New incinerators: Ringelmann Chart Number 1.
b. New tepee burner: Ringelmann Chart Number 2 until January
1, 1973 and Ringelmann Chart No. 1 thereafter.
c. All other incinerators: Ringelmann Chart Number 2, provided
that for purposes of starting a fire or for charging any
existing incinerator, except for tepee burners, a person may
discharge for a period or periods aggregating not more than
six (6) minutes in any sixty (60) consecutive minutes, air
contaminants of a shade or density darker than No. 2 on the
Ringelmann Chart, or of such opacity as to obscure an
observer's view greater than an emission designated as No. 2
on the Ringelmann Chart.
-8-
-------
d. All tepee burners for purposes of starting a fire may dis-
charge for a period, not exceeding 30 minutes, air contami-
nants of shade or density darker than No. 2 on the Ringelmann
Chart, or of such opacity as to obscure an observer's view
greater than an emission designated as No. 2 on the Ringelmann
Chart.
3. All new incinerators shall be designed and operated so that all
gases, vapors and entrained effluents shall, while passing
through the final combustion chamber, be maintained at a suffi-
cient temperature to destroy all odor, provided, however, that
the Executive Secretary may approve any other method of odor
control which he finds to be equally effective.
E. Performance Testing
1. Refuse burned in conjunction with the performance tests specified
in this regulation shall be a representative sample of the
refuse normally generated by the operation which the incinerator
is intended to serve.
2. The amount of particulate matter emitted from any incinerator
shall be determined according to the American Society of Mechanic-
al Engineers Power Test Codes - PTC - 27 dates 1957 and entitled
"Determining Dust Concentration in A Gas Stream". This publication
is hereby made a part of this regulation by reference. Any other
method which is in accordance with good professional practice
may be used by mutual consent of the source operator and the
Executuve Secretary. In calculating the amount of particulate
matter in stack gas, the loading shall be adjusted to twelve
percent (12%) carbon dioxide in the stack gas. The carbon dioxide
produced by burning of any liquid or gaseous fuel in the incinera-
tor shall be excluded from the calculation to twelve percent
(12%) carbon dioxide. Emissions shall be measured when the
incinerator is operating at capacity or at any other burning rate
during which emission of particulate matter is greater.
3. A performance test to determine compliance with the Ringelmann
requirement specified in subsection D-3 of this regulation shall
be performed on each new incinerator by the Executive Secretary
or his designated representative.
4. The performance test specifed in subsection E-2 of this regulation
may be required on any new incinerator and shall be required for
each new incinerator having a burning capacity of 1,000 pounds
per hour or greater. The initial performance test shall be per-
formed at the expense of the vendor or operator subject to the
approval of the Executive Secretary. The performance test may
be observed by the Executive Secretary or his designated
representative.
-9-
-------
F. Exceptions
1. This regulation shall not apply to incinerators situated on
residential premises and used exclusively to dispose of refuse
originating on the same premises, provided that the total
number of dwelling units on that premises does not exceed four.
2. This regulation shall not apply to incineration at cotton gins
until December 31, 1971.
(50.1.1) Regulation S-V RESTRICTION OF EMISSION OF PARTICIPATE MATTER FROM
INDUSTRIAL PROCESSES
A. Application
This regulation shall apply throughout the State of Missouri except in the
City of St. Louis, and St. Charles, St. Louis, Jefferson, Franklin, Clay,
Cass, Buchanan, Ray, Jackson, Platte, and Greene Counties.
B. Definitions
The following definitions shall apply to this regulation:
1. ASME - American Society of Mechanical Engineer, 345 East 47th
Street, New York, New York.
2. ASTM - American Society for Testing and Materials, 1916 Race
Street, Philadelphia, Pennsylvania.
3. Existing - As applied to any equipment, machine, device, article,
contrivance, or installation, shall mean in being, installed or
under construction on February 24, 1971, except that if any
equipment, machine, device, article, contrivance or installation
is subsequently altered, repaired or rebuilt at a cost of 30
percent (30%) or more of its replacement cost exclusive of routine
maintenance, it shall no longer be existing but shall be considered
new as defined in this regulation. The cost of installing equip-
ment designed principally for the purpose of air pollution control
is not to be considered a cost of altering, repairing or rebuilding
existing equipment for the purpose of this definition.
4. New - As applied to any equipment, machine, device, article, or
contrivance or installation, shall mean not "existing" as defined
herein.
5. Particulate matter - Any material, except uncombined water, that
exists in a finely divided form as a liquid or solid at standard
conditions.
-10-
-------
6. Refuse - Garbage, rubbish, trade wastes, leaves, salvageable material,
agricultural wastes or other wastes.
7. Salvage operation - Any business, trade, industry other activity
conducted in whole or in part for the purpose of salvaging or
reclaiming any product or material.
8. Source gas volume - The volume of gas arising from a process or
other source operation.
9. Source operation - The last operation preceding the emission of an
air contaminant, which operation (a) results in the separation
of the air contaminant from the process materials or in the
conversion of the process materials into air contaminants, as in
the case of combustion fuel; and (b) is not principally an air
pollution abatement operation.
10. Standard conditions - A gas temperature of 60 degrees Fahrenheit
and a gas pressure of 14.7 pounds per square inch absolute.
C. General Provisions
1. This regulation applies to any operation, process, or activity
except the burning of fuel for indirect heating in which the
products of combustion do not come into direct contact with
process materials and except the burning of refuse and except the
processing of salvageable material by burning.
2. Process weight means 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. Process weight rate means a rate established
as follows:
a. For continuous or long-run steady-state source operations the
total process weight for the entire period of continuous
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, the total process
weight for a period which covers a complete operation or an
integral number of cycles, divided by the hours of actual
process operation during such period. 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 section,
that interpretation which results in the minimum value for
allowable emission shall apply.
-11-
-------
3. Emission tests relating to this regulation shall be made following
the standards in American Society of Mechanical Engineers
Powers Test Codes- PTC-27 dates 1957 and entitles "Determining
Dust Concentration in A Gas Stream."
Any other method which is in accordance with good professional
practice may be used by mutual consent of the source operator
and the Executive Secretary, Missouri Air Conservation Commission.
D. Emission Limitations
1. Except as provided for in Subsection D-2 and Section E of this
Regulation, no person shall cause, suffer, allow, or permit the
emission of particulate matter in any one hour from any source in
excess of the amount shown in Table 1 for the process weight
allowcated to such source.
2. The limitations established by Subsection D-l of this Regulation
shall not require the reduction of particulate matter concentration,
based on the source gas volume, below the concentration specified
in Table 2 for such volume; provided that, for the purposes of
this Subsection D-2 the person responsible for the emission may
elect to substitute a volume determined according to the provisions
of Section D-3 of this Regulation, and provided further that the
burden of showing the source gas volume or other volume substituted
therefor, including all the factors which determine such volume
and the methods of determining and computing such volume, shall be
on the person seeking to come within the provisions of this
Regulation.
3. Any volume of gases passing through and leaving an air pollution
abatement operation may be substitued for the source gas volume
of the source operation served by such air pollution abatement
operation for the purposes of Subsection D-2 of this Regulation
provided such air pollution abatement operation emits no more than
40 percent of the weight of particulate matter entering thereto;
and provided further that such substituted volume shall be corrected
to standard conditions and to a moisture content no greater than
that of any gas stream entering such air pollution abatement
operation.
4. Notwithstanding the provisions of Subsections D-l and D-2 of this
Regulation, no person may cause, allow or permit the emission of
particulate matter from any souce in a concentration in excess of
0.30 grain per standard cubic foot of exhaust gas.
-12-
-------
E. Exceptions
1. The provisions of Subsections 0-1, D-2, D-3 and D-4 of this
Regulation shall not apply to existing grey iron jobbing cupolas.
For purposes of this Regulation, a jobbing cupola is defined as
a cupola which has a single melting cycle operated no more than
10 hours in any consecutive 24 hours and no more than 50 hours
in any consecutive 7 days.
a. All existing grey iron jobbing cupolas shall be equipped with
gas cleaning devices and so operated as to remove not less
than 85% by weight of all the particulate matter in the cupola
discharge gases, or release not more than 0.4 grain of
particulate matter per standard cubic foot of discharge gas,
whichever is more stringent.
b. All gases, vapors, and gas entrained effluents from such
cupolas shall be incinerated at a temperature not less than
1200° Fahrenheit for a period of not less than 0.3 seconds.
2. The provisions of this Regulation shall not apply to a process
during periods when a new fire is being built, during the start-up
of the operation, during an operational breakdown, or while air
pollution control equipment is being cleaned or repaired.
3. This shall not apply to portable asphalt plants until after
November 1, 1971.
F. Time Schedule for Compliance
Except as otherwise specified, complaince with the provisions of this
regulation shall be according to the following time schedule:
1. All new installations shall comply when operation begins.
2. All existing installations not in compliance as of the effective
date of this regulation shall be in compliance within six months
of the effective date unless the owner or person responsible for
the operation of the installation shall have submitted to the
Executive Secretary in a form and manner satisfactory to him,
a program and schedule for achieving compliance, such program
and schedule to contain a date on or before which full compliance
will be attained, and such other information as the Executive
Secretary may require. If approved by the Executive Secretary,
such date will be the date on which the person shall comply.
The Executive Secretary may require persons submitting such
program to submit subseouent. periodic reports on progress in
in achieving compliance.
-13-
-------
TABLE I
Process Weight
Rate
Lb/Hr
Up to
2,000
2,500
3,000
3,500
4,000
5,000
6,000 :
7,000
8,000
9,000
10,000
12,000
I
Tons/Hr
Up to
Rate of
Emission
Lb/Hr
Up to
Process Weight
Rate
Lb/Hr
16,000
18,000
20,000
30,000
i
!
1.00 ! 4.10
40,000
Tons/Hr
8.00
Rate of
Emission
Lb/Hr
16.5
9.00 17.9
10. 19.2 !
15. 25.2
20. 30.5
50,000 25.
•60,000
70,000
1.25 ! 4.76 i 80,000
1.50 5.38
1.75
5.96
2.00 6.52
2.50
3.00
3.50
4.00
7.58
8.56
9.49
90,000
100,000
120,000
140,000
160,000
200,000
10.4 1,000,000
30.
35.4
40.0
35. 41.3
40. 42.5
45. 43.6
50. 44.6
60.
70.
80.
100.
500.
46.3 ,
47.8 '
49.0
51.2
69.0
4.50 11.2 2,000,000 1,000. 77.6
5.00 12.0
6.00 13.6
1
6,000,000
3,000.
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
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=55.0 pO-H-40, where E=rate of emission in Ib/hr and
P=process weight rate in tons/hr.
-14-
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TABLE 2
Source Gas Concentration Source Gas Concentration
Volume, SCFMa GR/SCF& Volume, SCFMa GR/SCFb
7,000
or less
8,000
9,000
10,000
20,000
30,000
40,000
50,000
60,000
80,000
100,000
120,000
0.100
0.096
0.092
0.089
0.071
0.062
0.057
0.053
0.050
0.045
0.042
0.040
140,000
160,000
180,000
200,000
300,000
400,000
500,000
600,000
800,000
1,000,000
or more
0.038
0.036
0.035
0.034
0.030
0.027
0.025
0.024
0.021
0.020
aStandard cubic foot per minute
^Grain per standard cubic foot
-15-
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(51.5) Regulation S-VI MAXIMUM ALLOWABLE EMISSIONS OF PARTICIPATE MATTER FROM
FUEL BURNING EQUIPMENT USED FOR INDIRECT HEATING
A. Application
This regulation shall apply throughout the State of Missouri except in
the City of St. Louis, and St. Charles, Jefferson, Franklin, Clay, Cass,
Buchanan, Ray, Jackson, Platte and Greene Counties.
B. Definitions
1. ASME - American Society of Mechanical Engineers, 345 East 47th
Street, New York, New York.
2. ASTM - American Society for Testing and Materials, 1916 Race
Street, Philadelphia, Pennsylvania.
3. Existing - As applied to ayiy equipment, machine, device, article,
contrivance, or installation, shall mean in being, installed or
under construction on February 24, 1971, except that if any
equipment, machine, device, article, contrivance or installation
is subsequently altered, repaired or rebuilt at a cost of 30
percent (30%) or more of its replacement cost exclusive of
routine maintenance, it shall no longer be existing but shall be
considered new as defined in this regulation. The cost of installing
equipment designed principally for the purpose of air pollution
control is not to be considered a cost of altering, repairing or
rebuilding existing equipment for the purpose of this definition.
4. New - As applied to any equipment, machine, device, article, or
contrivance or installation, shall mean not "existing" as defined
herein.
5. Particulate Matter - Any material, except uncombined water, that
exists in a finely divided form as a liquid or solid at standard
conditions.
6. Refuse - Garbage, rubbish, trade wastes, leaves, salvageable
material, agricultural wastes, or other wastes.
7. Residual fuel oil - Fuel oil variously known as Bunker C, PS
400 and Number 6 as defined in ASTM 396 487 (1959).
8. Standard Conditions - A gas temperature of 60 degrees Fahrenheit
and a gas pressure of 14.7 pounds per square inch absolute.
-16-
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C. General Provisions
1. This regulation applies to installations in which fuel is burned
for the primary purpose of producing steam, hot water, or air or
other indirect heating of liquids, gases, or solids and, in the
course of doing so, the products of combustion do not come into
direct contact with process materials. Fuels include those such
as coal, coke, lignite, coke breeze, gas, fuel oil, and wood,
but do not include refuse. When any products or by-products of
a manufacturing process are burned for the same purpose or in
conjunction with any fuel, the same maximum emission limitations
shall apply.
2. The heat content of coal shall be determined according to ASTM
method D-271-64 "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". The heat content of
oil shall be determined according to ASTM method of D-240-64
"Heat of Combustion of Liquid Hydrocarbon by Bomb Calorimeter".
The three publications cited in this subsection C-2 are hereby
made part of this regulation by reference.
3. -For purposes of this regulation, the heat shall be the aggregate
heat content of all fuels whose products of combustion pass
through a stack or stacks. The heat input value used shall be
the equipment manufacturer's or designer's guaranteed maximum
input, whichever is greater. The total heat input of all fuel
burning units at a plant or on a premise shall be used for
determining the maximum allowable amount of particulate matter
which may be emitted.
4. The amount cf particulate matter emitted shall be measured accord-
ing to the American Society of Mechanical Engineers Power Test
Codes—PTC-27 dated 1957 and entitled "Determining Dust
Concentrations in A Gas Stream", which publication is made a
part of this regulation by reference. Any other method which
is in accordance with good professional practice may be used by
mutual consent of the source operator and the Executive Secretary,
Missouri Air Conservation Commission.
5. Section D of this regulation shall apply only to existing sources.
6. Section E cf this regulation shall apply to new sources.
D. Emission Limitations For Existing Installations
No person may cause, allow or permit the emission of particulate matter
from existing installations in excess of that specified in the following
schedule (see Graph I which is included for illustrative purposes only):
-17-
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1. 0.60 pounds for each million BID per hour input if the equipment
has a capacity rating of 10 million or less. If the capacity
rating of the fuel burning equipment is more than 10 million,
the amount of particulate matter which may be emitted for each
million BID input shall decrease as the capacity rating of the
fuel burning equipment increases, as follows:
a. no more than 0.46 pounds for each million BTU input from
equipment having a capacity rating of 50 million;
b. no more than 0.40 pounds for each million BTU input from
equipment having a capacity rating of 100 million;
c. no more than 0.30 pound for each million BTU input from
equipment having a capacity rating of 500 million;
d. no more than 0.26 pounds for each million BTU input from
equipment having a capacity rating of 1,000 million;
e. no more than 0.23 pounds for each million BTU input from
equipment having a capacity rating of 2,500 million;
f. no more than 0.20 pounds for each million BTU input from
equipment having a capacity rating of 5,000 million;
g. no more than 0.19 pounds for each million BTU input from
equipment having a capacity rating of 7,500 million:
h. no more than 0.18 pounds for each million BTU input from
equipment having a capacity rating of 10,000 million or more.
The amount of particulate matter which may be emitted from fuel
burning equipment having an intermediate capacity rating shall be
determined either by linear interpolation, or by use of the
following equation:
log Y = .23299 log X + 1.4091 (where 10
-------
the amount of participate matter which may be emitted for each
million BTU input shall decrease as the capacity rating of the
fuel burning equipment increases, as follows:
a. no
10 more than .348 pounds for each million BTU input from
equipment having a capacity rating of 50 million;
b. no more than .275 pounds for each million BTU input from
equipment having a capacity rating of 100 million;
c. no more than .159 pounds for each million BTU input from
equipment having a capacity rating of 500 million;
d. no more than .126 pounds for each million BTU input from
equipment having a capacity rating of 1,000 million;
e. no more than .100 pounds for each million BTU input from
equipment having a capacity rating of 2,000 million or more.
The amount of particulate matter which may be emitted from fuel
burning equipment having an intermediate capacity rating shall
be determined either by linear interpolation, or by use of the
following equation:
log Y = .3382 log X + 2.1454, (where 10
-------
MAXIMUM ALLOWABLE PARTICULATE EMISSION
POUNDS PARTICULATK PER UILUON BTU HEAT INPUT
o
I
5,000 10.000
Total Heat Input—Millions or BTU Per Hour
Limitations on Emission of particnUte Matter from Fuel Burning Installation*
ORAPII I
1.0
0.50
30.000
-------
(50.1) Regulation S-VII RESTRICTION OF PARTICIPATE MATTER FROM BECOMING AIRBORNE
A. Application
This regulation shall apply throughout the State of Missouri except in
the City of St. Louis, and St. Charles, St. Louis, Jefferson, Franklin,
Clay, Cass, Buchanan, Ray, Jackson, Platte, and Green Counties.
B. Purpose
This Regulation S-VII is to be used to prevent or restrict the emission
of particulate matter in any form except as would be applied in
Regulations S-V and S-VI, when such emissions are entrained in a gas
stream being emitted from a stack.
C. Definitions
1. Particulate matter - Any material, except uncombined water, that
exists in a finely divided form as a liquid or solid at standard
conditions.
2. Standard Conditions - A gas temperature of 60 degrees Fahrenheit
and a gas pressure of 14.7 pounds per square inch absolute.
D. Visual Limitations for Particulate Matter Becoming Airborne
1. No person may cause or permit the handling or transporting or
storage of any material in a manner which allows or may allow
particulate matter, to become airborne in such quantities and
concentrations that it remains visible in the ambient air
beyond the premises where it orginates or that its presence may
be found beyond the premises where it originates, and that it
has particulate matter shown to be larger than forty (40) microns
in size. The size of the particulate matter shall be determined
by microscopy or any other technique approved by the Executive
Secretary and proven to be equally accurate.
2. No person may cause or permit a building or its appurtenances,
or a road, or a driveway, or an open area to be constructed,
used, repaired or demolished without applying all such reasonable
measures as may be required to prevent particulate matter from
becoming airborne so that it remains visible beyond the premises
where it originates or that its presence may be found beyond the
premises where it originates. The Executive Secretary, Missouri
Air Conservation Commission, may require such reasonable measures
as may be necessary 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; application of water; and the planting and maintenance
of vegetative ground cover. This subsection (D-2) shall not
apply to agricultural operations within a field including tilling,
-21-
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planting, cultivating, or harvesting, the moving of livestock
on foot, or the hauling of produce within the confines of a farm.
E. Property-line Standard Limitations for Particulate Matter Becoming
Airborne
No person shall cause, suffer, or permit the emission of any particulate
matter so as to cause concentrations or particulate matter at any
inhabited place to exceed any one of the following:
1. Suspended Particulates
(High-volume Sampler)
80 micrograms/nT
200 micrograms/nT
2. Soiling Index
(AISI Paper Tape
sampler)
0.4 Coh/1000
lineal feet
1.0 Coh/1000
lineal feet
6-month geometric
mean
2-hour arithmetic
average for not
less than five
two-hour sampling
periods within any
one year. No more
than 3 samples
shall be taken
during any 24-hour
period.
6-month geometric
mean
8-hour arithmetic
average
-22-
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(50.1.2) Regulation S-VIII RESTRICTION OF EMISSION OF VISIBLE AIR CONTAMINANTS
A. Application
This regulation shall apply throughout the State of Missouri except in
the City of St. Louis and St. Charles, St. Louis, Jefferson, Franklin,
Clay, Cass, Buchanan, Ray, Jackson, Platte and Greene Counties.
B. Definitions
The following definitions shall apply to this regulation:
1. Existing - As applied to any equipment, machine, device, article,
contrivance, or installation, shall mean in being, installed, or
under construction on February 24, 1971, except that if any equip-
ment, machine, device, article, contrivance or Installation is
subsequently altered, repaired or rebuilt at a cost of 30 percent
(30%) or more of its replacement cost exclusive of routine main-
tenance, it shall no longer be existing but shall be considered
new as defined in this regulation. The cost of installing equip-
ment designed principally for the purpose of air pollution control
is not to be considered a cost of altering, repairing or rebuilding
existing equipment for the purpose of this definition.
2. Incinerator - Any article, machine, equipment, contrivance,
structure, or part of a structure used to burn refuse or to
process refuse material by burning other than by open burning
as defined herein.
3. New - As applied to any equipment, machine, device, article, or
contrivance or installation, shall mean not "existing" as defined
herein.
4. Ringelmann Chart - "Ringelmann's Scale for Grading the Density of
Smoke" as published in the U.S. Bureau of Mines Information
Circular 8333.
5. Refuse - Garbage, rubbish, trade wastes, leaves, salvageable
material, agricultural wastes, or other wastes.
C. Restrictions Applicable to Existing Installations
No person may discharge into the ambient air from any single existing
source of emission whatsoever any air contaminant a) of a shade or density
equal to or darker than that designated as No. 2 on the Ringelmann Chart,
or b) of such opacity as to obscure an observer's view to a degree equal
to or greater than does smoke designated as No. 2 on the Ringelmann
Chart.
-23-
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D. Restrictions Applicable to New Installations
No person may discharge into the ambient air from any single new source
of emission whatsoever, any air contaminant a) of a shade or density
equal to or darker than that designated as No. 1 on the Ringelmann
Chart, or b) of such opacity as to obscure an observer's view to a degree
not equal to or greater than does smoke designated as No. 1 on the
Ringelmann Chart.
E. Exceptions
1. A person may discharge into the ambient air from any source of
emission for a period or periods aggregating not more than six
minutes in any sixty minutes air contaminants a) of a shade or
density not equal to nor darker than No. 3 on the Ringelmann
Chart, or b) of such opacity as to obscure an observer's view
to a degree not equal to nor greater than does smoke designated
as No. 3 on the Ringelmann Chart.
For the purpose of this Subsection E (1) the Executive
Secretary may for a specific source and for special con-
ditions approve any other schedule.
2. Where the presence of uncombined water is the only reason for
failure of an emission to meet the requirements of Section C or
0 of this Regulation S-VIII, such sections shall not apply.
3. The provisions of Section C of this Regulations S-VIII shall
not apply to the following:
a. Transfer of molten metals.
b. Emissions from transfer ladles.
c. Existing grey iron cupola furnaces.
4. This Regulation S-VIII shall not apply to the following:
a. Internal combustion engines.
b. Wood burning stoves or fireplaces in dwellings.
c. Fires used for recreational purposes or fires used for the
non-commercial preparation of food by barbecuing.
d. Fires used solely for the purpose of training firemen.
e. Smoke generators used for training air pollution control
inspectors.
-24-
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f. Incinerators used to burn refuse.
g. The pyrolysis of wood for the production of charcoal
in a Missouri type charcoal kiln.
h. Open burning of refuse.
i. During emergency conditions, provided the Executive
Secretary is notified.
F. Method of Measurement
The Ringelmann Chart shall be the standard in grading the shade or opacity
of visible air contaminant emissions. The Executive Secretary may with
the consent of the source operator employ any other means of measurement
which gives comparable results or results of greater accuracy.
G. Time Schedule For Compliance
Except as otherwise specified, compliance with the provisions of this
regulation shall be according to the following time schedule:
1. All new installations shall comply when operation begins.
2. All existing installations not in compliance as of the effective
date of this regulation shall be in compliance within six months
of the effective date unless the owner or person responsible for
the operation of the installation shall have submitted to the
Executive Secretary in a form and manner satisfactory to him,
a program and schedule to contain a date on or before which full
compliance will be attained, and such other information as the
Executive Secretary may require. If approved by the Executive
Secretary, such date will be the date on which the person shall
comply.
The Executive Secretary may require persons submitting such
program to submit periodic subsequent reports on progress in
achieving compliance.
-25-
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(50.6) Regulation S-IX RESTRICTION OF EMISSION OF ODORS
A. Application
This regulation shall apply throughout the State of Missouri except in
the City of St. Louis and St. Charles, St. Louis, Jefferson, Clay, Cass,
Buchanan, Franklin, Ray, Jackson, Platte, and Greene Counties.
B. Restriction of Emission of Odors
No person may cause, permit or allow the emission of odorous matter in
such concentrations and frequencies or for such durations that such
odor can be perceived when one (1) volume of odorous air is diluted with
seven (7) volumes of odor-free air for two (2) separate trials not
less than 15 minutes apart within the period of one (1) hour.
C. Exceptions
The provisions of Section B of this Regulation IX shall not apply to
the emission of odorous matter from the pyrolysis of wood in the
production of charcoal in a Missouri type charcoal kiln.
D. Method of Measurement
Measurements may be made with s Scentometer as manufactured by the
Barnebey-Cheney Company or by a similar technique that will give
equivalent results, as agreed to at the time by the source operator
and the Executive Secretary.
-26-
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(50.2) Regulation S-X RESTRICTION OF EMISSION OF SULFUR COMPOUNDS
A. Application
This regulation shall apply throughout the State of Missouri except in
the City of St. Louis and St. Charles, St. Louis, Jefferson, Franklin.
Clay, Cass, Buchanan, Ray, Jackson, Platte and Greene Counties.
B. Definitions
The following definitions shall apply to this regulation:
1. ASME - American Society of Mechanical Engineers, 345 East 47th
Street, New York, New York.
2. ASTM - American Society of Testing and Materials, 1916 Race
Street, Philadelphia, Pennsylvania.
3. Existing - As applied to any equipment, machine, device, article,
contrivance or installation, shall mean in being, installed, or
under construction on February 24, 1971, except that it any
equipment, machine, device, article, contrivance or installation
is subsequently altered, repaired or rebuilt at a cost of 30
percent (30%) or more of its replacement cost exclusive of routine
maintenance, it shall no longer be existing but shall be considered
new as defined in this regulation. The cost of installing equip-
ment designed principally for the purpose of air pollution control
is not to be considered a cost of altering, repairing or rebuilding
existing equipment for the purpose of this definition.
4. New - As applied to any equipment, machine, device, article, or
contrivance or installation, shall mean not "existing" as defined
herein.
5. Particulate matter - Any material, except uncombined water, which
exists in a finely divided form as a liquid or solid at standard
conditions.
6. Residual fuel oil - Fuel oil variously known as Bunker C, PS
400 and Number 6 as defined in ASTM D 396 487 (1959).
7. Source operation - The last operation preceding the emission of
an air contaminant, which operation a) results in the separation
of the air contaminant from the process materials or in the
conversion of the process materials into air contaminants, as in
the case of combustion fuel, and b) is not solely an air pollution
abatement operation.
8. Standard conditions - A gas temperature of 60 degrees Fahrenheit
and a gas pressure of 14.7 pounds per square inch absolute.
-27-
-------
C. General Provisions
1. Section D of this regulation shall apply to all emissions except
those in which both
a. fuel is burned primarily to produce heat, and
b. the sulfur compound emission is due primarily to the sulfur
in the fuel burned.
2. Sections E and F shall apply to all emissions from any source or
sources whatsoever.
3. The method of measuring sulfur trioxide and sulfuric acid or
any combination thereof in stack gases shall be:
Particulates (H2S04—Acid Mists)
"Atmospheric Emissions from Sulfuric Acid Manufacturing Processes"
Ref. Public Health Service Publication 999-AP-13 (1965)
... Appexdix B, Pages 61-6 (Modified Monsanto Co., Method)
Gaseous (S03—S'02)
"Atmospheric Emissions from Sulfuric Acid Manufacturing Processes"
Ref. Public Health Publication 999-AP-13 (1965) b
Appendix B, Page 85-7 (Shall Development Co. Method)
4. The method of measuring hydrogen sulfide in the ambient atmos-
phere shall be:
Lead-Acetate-Impregnated Filter Paper Procedure
Ref. Sensenbaugh, J.D. and Hemeon, W. C. L: A Low Cost Sampler
for Measurement of Low Concentration of Hydrogen Sulfide. Air
Repair 4:5 (May 1954)
5. The method of measuring sulfur dioxide in stack gases shall be:
Gaseous (SO-,—SO-)
"Atmospheric Emissions from Sulfuric Acid Manufacturing Processes"
Ref. Public Health Service Publication 999-AP-13 (1965)
Appendix B, Page 85-7 (Shell Development Co. Method)
Secondary reference for industrial emission sampling and analysis for
particulates (sulfuric acid—acid mists) W. F. Patton, J.A. Brink
"New Equipment and Techniques for Sampling Chemical Process Cases".
J. Air Pollution Control Association 13, 162-66 (Apirl 1963).
Secondary reference for industrial emission sampling and analysis for
gases (sulfur trioxide and sulfur dioxide) "Determination of Sulfur
Dioxide and Sulfur Trioxide in Stack Gases," Emeryville Method Ser.
4S16/59a. Anal. Dept. Shell Development Co., Emeryville, California (1959).
-28-
-------
6. The method of measuring sulfur trioxide and sulfun'c acid or any
combination thereof suspended in the ambient atmosphere shall be:
Particulate (H-SOJ
Ref. B.T. Commfns, "Determination of Particulate Acid in
Town Air," Analyst, 88, 364-67 (May 1963)
7. The method of measuring sulfur dioxide in the ambient atmosphere
shall be:
Gaseous (SCU) colorimetric
Ref. "Selected Methods for the Measurement of Air Pollutants,"
Public Health Service Publication No. 999-AP-ll (May 1965)
"Determination of Sulfur Dioxide: West Gaeke Method" Page Al-5
Gaseous (S02) conductimetric
Ref. "ASTM Standards on Methods of Atmospheric Sampling and
Analysis"
2nd edition, Method D 1355-60, Method A, Page 11
8. Other test methods approved by the Executive Secretary may be used.
The publications describing methods of measurement specified in
this Section are hereby made a part of this regulation by reference.
D. Concentration of Sulfur Compounds in Emission Restricted
1. No person shall cause or permit the emission into the atmosphere
from any existing source specified in subsection C (1) of this
regulation, gases containing more than 2,000 parts per million
by volume of sulfur dioxide or 500 parts per million by volume
of sulfur dioxide from any new source.
2. No person shall cause or permit the emission into the atmosphere
from any source specified in subsection C (1) of this regulation,
gases containing more than 70 milligrams per cubic meter of
sulfuric acid or sulfur trioxide or any combination thereof or
35 milligrams per cubic meter of sulfuric acid, sulfur trioxide
or any combination thereof from any new source (expressed as
sulfuric acid).
3. Existing sources shall be modified or rebuilt in compliance with
Section D of this Regulation S-X within nine (9) months of the
effective date of this regulation.
E. Emission of Sulfur Compounds in Certain Amounts and Manner Restricted
1. No person may cause or permit the emission of sulfur dioxide from
any source in excess of one thousand (1000) pounds per hour except
when such emissions do not cause or contribute to concentrations
and frequencies exceeding those specified in the following table
in the ambient air at any occupied place beyond the premises on
which the source is located:
-29-
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a Maximum allowable
Concentration Averaging Time frequency
.25 ppm or more 1 hour Once in any 4 days at any
sampling site
.07 ppm or more 24 hours Once in any 90 days at any
sampling site
2. If the concentrations and frequencies specified in subsection E
(1) of this Regulation X are exceeded, the person responsible for
each source which causes or contributes to such concentrations
and frequencies and which emits more than one thousand (1,000)
pounds per hour of sulfur dioxide shall file an emission reduction
plan with the Executive Secretary for approval. Such a plan shall
include a description of proposed process modifications, change
in fuel use, control equipment to be installed, or any other
methods which aid in the reduction of the concentrations and
frequencies in the ambient air specified in subsection E (1).
The approval and implementation of su.cn a plan shall constitute
compliance with this Regulation X.
3. No person shall cause or permit the emission of sulfuric acid or
sulfur trioxide or any combination thereof from any premises in
such manner and amounts that the concentrations and frequencies
attributable to such emission exceed those shown in the following
table in the ambient air at any place where people live, work,
or congregate beyond the premises on which the source is located.
Concentration of sulfuric
acid or sulfur trioxide or Maximum allowable
any combination thereof Averaging Time frequency
3
0.03 mg/m or more 30 minutes or more Once in any 48 hours
3
0.01 mg/m or more 24 hours Once in any. 90 days
*MiHi grams per cubic meter at standard conditions, measured and
calculated as sulfuric acid.
4. No person shall cause or permit the emission of hydrogen sulfide
from any premises in such manner and amounts that the concentrations
attributable to such emissions in the ambient air at any occupied
place beyond the premises on which the source is located exceed
a concentration of 0.03 parts per million by volume for any
averaging period of 30 or more minutes on more than two occasions
in any 5 consecutive day period, or 0.05 parts per million by
volume for any averaging period 30 or more minutes more than two
times per year.
parts per million by volume
-30-
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F. More Restrictive Limitation to Apply
In any situation the limitations imposed by the provisions of both
Sections D and E of this Regulation S-X shall be assessed, and the
more restrictive section shall apply. ,
-31-
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(8.0) Regulation S-XI RULES FOR CONTROLLING EMISSIONS DURING PERIODS OF
HIGH AIR POLLUTION POTENTIAL
A. General Provisions
1. This regulation shall apply to all emissions from any source
or any premises
2. It may apply to all or part of the affected area depending
upon which pollutant fulfills the requirements of subsection
B. 2., below, and whether or not air sampling reveals only
a localized problem.
B. Air Pollution Alerts and Emergencies
1. Alert and emergency level values are stated as:
a. The product of the hourly sulfur dioxide concentration
in parts per million, and the hourly particulate
concentration in COH per 1,000 linear feet, or
b. the concentrations of S02, CO, photochemical oxidants
particulates in COHs, or N02-
The basis of reference for the State of Missouri data shall be:
Sulfur dioxide as measured by the continuous modified West-Gaeke
method or any other method standardized against such; particulates
as measured by the automatic paper-tape sampler method, "ASTM
Standard Method of Test for Particulate Matter in the Atmosphere,
Optical Density of Filter Deposit, D-1704-61"; carbon monoxide
as measured by the infrared spectophotometer method, MSA
Bulletin No. 0705-10, Instrument Division, Pittsburgh, Pennsylvania;
photochemical oxidants as measured by "Analytical Methods of the
1Intersociety Committee on Methods for Ambient Air Sampling and
Analyses', Health Laboratory Science, 1970."
2. Alert Values:
a. Yellow Alert value - Any one of the following shall initiate
the Yellow Alert:
1. Product reaching 0.2 ppm at any sampling station (24 hour
average).
2. Sulfur dioxide concentration reaching 0.30 ppm at any
sampling station (24 hour average).
3. Photochemical oxidant concentration reaching 0.10 ppm
at any sampling station (1 hour average).
-32-
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4. Carbon monoxide concentration reaching 15 ppm at
any sampling station (8 hour average).
5. Participate concentration reaching 3 COHs
(375 ug/m ) at any sampling station (24 hour average).
6. NCL concentration reaching 0.6 ppm at any sampling
station (1 hour average) 0.15 ppm (24 hour average).
b. Red Alert value - Any one of the following shall initiate
the Red Alert:
1. Product reaching 0.8 ppm at any sampling station (24 hour
average).
2. Sulfur dioxide concentration reaching 0.6 ppm at any
sampling station (24 hour average).
3. Photochemical oxidant concentration reaching 0.4 ppm
at any sampling station (1 hour average).
4. Carbon monoxide concentration reaching 30 ppm any any
sampling station (8 hour average).
3
5. Particulate concentration reaching 5 COHs (625 ug/m )
at any sampling station (24 hour average).
6. NOo concentration reaching 1.2 ppm at any sampling
station (1 hour average) 0.3 ppm (24 hour average).
c. Emergency Alert value - Any one of the following shall
initiate an Emergency Alert:
1. Product reaching 1.2 ppm at any sampling station (24 hour
average).
2. Sulfur dioxide concentration reaching 0.8 ppm at any
sampling station (24 hour average).
3. Photochemical oxidant concentration reaching 0.6 ppm
at any sampling station (1 hour average).
4. Carbon monoxide concentration reaching 40 ppm at any
sampling station (8 hour average).
5. Particulate concentration reaching 7 COHs (875 ug/m )
at any sampling station (24 hour average).
6. NOp concentration reaching 1.6 ppm at any sampling
station (1 hour average) 0.4 ppm (24 hour average).
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C. Air Pollution Watch
1. Air Pollution Watch procedures shall be initiated by the
Executive Secretary upon receipt of a 36 hour high air
stagnation advisory from the appropriate federal weather
forecasting official for an area including all or part of
the affected area.
2. The following Watch procedures shall apply:
a. Notify the technical staff, the chairman, and members
of the Missouri Air Conservation Commission that Watch
condition exist.
b. Notify all affected governmental control agencies sampling
Watch conditions exist, and the coordination of action
is required.
c. Increase the frequency of air monitoring at all sampling
stations which are not continuous at intervals not
exceeding 2 hours, with continual hourly review, at a
central control location.
d. Inform the general public through the news media that
a high air pollution potential exists, the area or
areas where high initial readings have been obtained
from sampling, and encourage persons suffering from
respiratory ailments or heart conditions to take what-
ever precautions are most appropriate.
e. Backyard incineration, including the open burning of
leaves, tree trimmings, garbage, and other refuse
shall be prohibited throughout the entire affected
area.
f. All variances or permits allowing open burning shall
be temporarily rendered invalid for the duration of
the high air pollution potential.
g. Facilities which are sources of air contaminant emissions
and are required to file approved alert plans with the
Executive Secretary shall be notifed that Watch conditions
exist. All such industries shall be requested to volunarily
begin actions to reduce emissions of air contaminants from
their operations, consistent with the provisions of their
Yellow Alert plans. See Table I.
h. The Executive Secretary may request through the news
media that the use of automobiles be restricted to
necessary driving only.
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D. Yellow Alert
1. Yellow Alert procedures shall be initiated by the Executive
Secretary if the following conditions are met:
a. An air stagnation advisory and the Yellow Alert values
are equalled or exceeded at any one sampling station within
the advisory area, unless there is a current forecast of
meteorological improvement within the next 24 hours.
b. Meteorological conditions are such that the pollutant
concentrations can be expected to remain at the above
levels for 12 or more hours or increase unless control
actions are taken.
2. The following Yellow Alert procedures shall apply:
a. Notify the technical staff, the chairman, and members of
the Missouri Air Conservation Commission that Yellow
Alert conditions exist.
b. Notify all affected governmental control agencies that
Yellow Alert conditions exist, and that coordination of
action is required.
c. Notify all hospitals within the affected area that Yellow
Alert conditions exist.
d. Increase the frequency of air monitoring at all sampling
stations which are not continuous at intervals not exceeding
1 hour, with continual hourly review at a central control
location.
e. Inform the general public through the news media that a Yellow
Alert exists, the geographical area or areas where the alert
is applicable, the emission and type of source or sources that
initiated the alert, individual abatement actions which will
help alleviate the problem, and encourage those with
respiratory ailments or heart conditions to take the most
appropriate and expedient precautions.
f. The Executive Secretary shall request very emphatically
through the news media that all unnecessary use of automobiles
be restricted, and that all entertainment functions and
facilities be closed.
g. Facilities which are sources of air contaminant emissions
and are required to file approved alert plans with the
Executive Secretary for Yellow Alert conditions shall
initiate such plans upon notification by the Executive
Secretary. See Table I.
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h. No open burning will be allowed anywhere within the affected
area.
E. Red Alert
1. Red Alert procedures shall be initiated by the Executive Secretary
if the following requirements are met:
a. A 36 or 24-hour high air stagnation advisory is in effect
for all or part of the affected area.
b. The Red Alert values equalled or exceeded at any one
monitoring station within the area.
The Red Alert can also be initiated if:
a. The Red Alert value is equalled or exceeded as the arithmetic
mean for 12 consecutive hours, and an ASA forecasts stagnation
for the following 12 hours, or
b. The Yellow Alert value is equalled or exceeded as the arith-
metic mean for 24 consecutive hours and a forecast of
stagnation for the following 12 hours is received.
2. The following Red Alert procedures shall apply:
a. Notify the technical staff, the chairman, and members of the
Missouri Air Conservation Commission that Red Alert conditions
exist.
b. Notify all affected governmental control agencies that Red
Alert conditions exist and that coordination of action is
required.
c. Notify all hospitals within the affected area that Red
Alert conditions exist.
d. Increase, if necessary, the frequency of air monitoring
at all sampling stations which are not continuous at
intervals not exceeding 1 hour with continual hourly
review at a central control location.
e. Inform the general public through the news media that a
Red Alert exists, the geographical area or areas where
the alert is applicable, the emission and type of source
or sources that initiated the alert, individual abatement
actions which will help alleviate the problem, and
encourage those with respiratory ailments or heart conditions
to take the most appropriate and expedient precautions.
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f. Airlines operating within the Red Alert area shall be
notified that such conditions exist, and that a reduction
of flights out of the airport may be required.
g. Non-local vehicular traffic may be diverted around the
Red Alert area depending upon which pollutant or
pollutants caused the alert.
h. Local vehicular traffic shall through the news media be
told to avoid certain areas, and emphatically told to
restrict non-essential trips.
i. All incineration and open burning shall cease, regardless
of location.
j. Facilities which are sources of air contaminant emissions
and are required to file approved alert plans with the
Executive Secretary for Red Alert conditions shall initiate
such plans upon notification by the Executive Secretary.
See Table II.
F. Air Pollution Emergency
1. Emergency procedures shall be initiated by the Executive
Secretary, if the following requirements are met:
a. A 36 or 24-hour high air stagnation advisory is in
effect for all or part of the affected area.
b. The air pollution emergency values are equalled or
exceeded as the arithmetic mean of 4 consecutive
hours at any one monitoring station.
The Air Pollution Emergency procedures can also be initiated if:
a. The air pollution emergency value is equalled or exceeded
as the arithmetic mean of 12 consecutive hours and a
forecast of stagnation for the following 12 hours is
received, or
b. The Red Alert is equalled or exceeded as the arithmetic
mean for 24 hours and a forecast of stagnation for the
following 12 hours is received, or
c. The Yellow Alert value is equalled or exceeded as the
arithmetic mean for 36 hours and a forecast of
stagnation for the following 12 hours is received.
2. The following Emergency Procedures shall apply:
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a. Notify the technical staff, the chairman, and members
of the Missouri Air Conservation Commission that an
emergency exists.
b. Notify all affected governmental control agencies that
an emergency exists, and that coordination of action
is required.
c. Notify all hospitals within the affected area that an
emergency exists, and to be so prepared.
d. Increase, if necessary, the frequency of air monitoring
at all sampling stations which are not continuous at
intervals not exceeding 1/2 hour with continual half-
hour review at a central control location.
e. Open burning and incineration shall cease throughout
the area.
f. Facilities which are sources of air contaminant emissions
and are required to have filed approved plans with the
Executive Secretary shall initiate such plans upon
notification by the Executive Secretary or his representative
that Air Pollution Emergency conditions exist. See Table III,
g. The use of motor vehicles is prohibited except in emergencies
with the approval of local or state police.
h. All manufacturing facilities except those listed in F. 2. f.
shall institute such action as will result in maximum
reduction of air contaminants from their operations by
ceasing, curtailing, or postponing operations to the
extent possible without causing injury to persons or damage
to equipment.
i. All airplane flights originating within the area of the
Air Pollution Emergency shall be cancelled.
j. All places of employment described below shall
immediately cease operation during the Air Pollution
Emergency:
Mining and Quarrying
Contract Construction Work
Wholesale Trade Establishments
Schools and Libraries
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Governmental Agencies except those needed to administer
Air Pollution Alert Program and other essential Agencies
determined by the Executive Secretary to be vital for
public safety and welfare and needed to administer the
provisions of these regulations.
Retail trade stores except those dealing primarily in
sale of food or pharmacies.
Banks, real estate agencies, insurance offices and
similar businesses.
Laundries, cleaners and dryers, beauty and barber shops
and photographic studios.
Amusement and recreational service establishments such
as motion picture theaters.
Automobile repair and automobile service garages.
Advertising offices, consumer credit reporting,
adjustment and collection agencies, printing and
duplicating services, rental agencies and commercial
testing laboratories.
G. It should be made clear that an air pollution watch, yellow alert,
red alert and emergency can be declared on the basis of deteriorating
air quality alone; an air stanation advisory need not be in effect.
The appropriate episode status should be declared by the Executive
Secretary when any monitoring site records ambient air quality below
that designated in the criteria.
The levels used to designate an air pollution emergency are those
that pose an imminent and substantial endangerment to public health.
Because these levels should not be permitted to occur, an air
stagnation advisory should be declared when it appears that these
levels may be reached.
H. Termination of Alerts
When in the judgement of the Executive Secretary meteorological
conditions and pollutant'concentrations are such to warrant dis-
continuance of any alert condition, he shall notify the technical
staff, the chairman, and members of the Missouri Air Conservation
Commission that the alert has been discontinued, and issue a public
notice to that effect.
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TABLE I
YELLOW ALERT PLAN OBJECTIVES
1.
Air Contaminant Source
Electric Power Generating
Facilities
2. Process Steam Generating
Facilities
3. Manufacturing industries of the
following (SIC) group designations
Paper and Allied Products
Industries-Group 26
Chemicals and Allied Products
Industries-Group 28
Petroleum Refining and Related
Industries-Group 29
Requirements for Plan
la. Reduction of emission by
utilization of fuels having
low ash and sulfur content.
b. Soot blowing and boiler
lancing to be allowed only
during periods of high
atmospheric turbulence
(12:00 PM.M to 4:00 P.M.)
c. Reduction of emissions by
diverting electric power
generation to facilities
outside of area for which
the alert is called.
2a. Reduction of emissions by
utilization of fuels having
low ash and sulfur content.
b. Soot blowing and boiler
lancing to be allowed only
during periods of high
atmospheric turbulence
(12:00 P.M. to 4:00 P.M.)
c. Reduction of steam load demands
consistent with continuing the
operation of the plant.
3a. Reduction of air contaminant
emissions by curtailing, post-
poning, or deferring production
and allied operations.
b. Stop all trade waste disposal
production which emit particles,
gases, vapors or malodorous sub-
stances including incineration.
c. Reduction of heat load demands
for orocessing to a minimum.
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4.
Stone, Glass, Clay and Concrete
Product Industries-Group 32
Primary Metals Industries
-Group 33
Grain Industries -Group 20
Other manufacturing facilities
required to submit alert plans
by the Executive Secretary.
5.
Private, public and commercial
refuse disposal operations.
6. Transportation
4a. Reduction of air contaminant
emissions by curtailing or
deferring production and allied
operations.
b. Stop all trade waste disposal
practices which emit particles,
gases, vapors or malodorous
substances including incinera-
tion.
c. Reduction of heat load demands
for processing to a minimum.
5a. Stop all open burning including
disposal of diseased trees and
burning at fire fighting
schools, except as required
for disposal of hazardous
materials or other emergency
needs.
b. Operation of incinerators shall
be limited to the hours between
10:00 A.M. and 2:00 P.M.
6a. The unnecessary operation of
any motor vehicle should be
restricted.
TABLE II
RED ALERT PLAN OBJECTIVES
All Yellow ert plans shall be continued. In addition, the following
steps shall be taken:
Air Contaminant Source
1. Process steam generating
facilities
Requirements for Plan
la. Maximum reduction of air
contaminant emissions by
utilization of fuels having
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the lowest ash and sulfur
content.
Manufacturing industries of the
following SIC Group designations
Paper and Allied Products
Industries-Group 26
Chemical and Allied Products
Industries-Group 28
Petroleum Refining and Related
Industries-Group 29
Stone, Glass, Clay and Concrete
Product Industries-Group 32
Primary Metals Industries
-Group 33
Grain Industries-Group 20
Other manufacturing facilities
required to submit alert plans
by the Executive Secretary.
4. Private, public and commercial
refuse disposal operations.
5. Transportation
b. Maximum utilization of periods
of high atmospheric turbulence
(12:00 P.M. to 4:00 P.M.)
for soot blowing and boiler
lancing.
c. Prepare to implement the
"emergency" plan submitted
to the Executive Secretary.
2a. Maximum reduction of air
contaminant emission by, if
necessary, postponing pro-
duction and allied operations
b. Maximum reduction of heat load
demands for processing.
c. Prepare to implement the "emer-
gency" plan submitted to the
Executive Secretary.
3a. Maximum reduction of air
contaminant emissions by, if
necessary, postponing pro-
duction and allied operations.
4a. Stop operation of all
incinerators.
5a. Car pools and public trans-
portation must be used in
place of unnecessary motor
vehicle operation.
TABLE III
AIR POLLUTION EMERGENCY PLAN OBJECTIVES
Air Contaminant Source
Requirements for Plan
All Yellow and Red Alert plans shall be continued. In addition, the
following steps shall be taken:
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1.
2.
3.
4.
Process steam generating
facilities
la.
Manufacturing industries of the
following SIC Group designations
Paper and Allied Products
Industries-Group 26
Chemicals and Allied Products
Industries-Group 28
Petroleum Refining and Related
Industries-Group 29
Stone, Glass, and Clay and
Concrete Product
Industries-Group 32
Primary Metal
Industries-Group 33
Grain Industries-Group 23
Other manufacturing facilities
required to submit alert plans
by the Executive Secretary.
2a.
3a.
Private, public and commercial
onerations.
4a.
Maximum reduction of air
contaminant emissions by
reducing heat and steam load
demands to values consistent
with preventing equipment
damage.
Maximum utilization periods of
high atmospheric turbulence
(12:00 P.M. to 4:00 P.M.)
for soot blowing and boiler
lancing.
Elimination of air contaminant
emission from the manufacturing
operations by ceasing, curtail-
ing, postponing or deferring
production and allied operations
to the extent possible without
causing injury to persons or
damage to equipment.
Elimination of air contaminant
emissions from the manufactur-
ing operations by ceasing,
curtailing postponing or
deferring production and allied
operations to the extent
possible without causing
injury to persons or damage
to equipment.
Maximum reduction of heat load
demands for processing.
The following places of employ-
!"9fit, if noti^ierl hy the Execu-
tive Secretary, shall immedi-
ately cease operations:
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1. Mining and quarrying oper-
ations.
2. Construction projects except
as required to avoid emer-
gent physical harm.
3. Manufacturing establishments
except those required to
have in force an air pol-
lution alert plan.
4. Wholesale trade establish-
ments .
5. Governmental units, except
as required to implement
the provisions of these
regulations and other
operations essential to
immediate protection of
the public welfare and
safety.
6. Retail trade and service
establishments except
pharmacies, food stores
and other similar operations
providing for emergency
needs.
7. Other commercial service
operations such as those
engaged in banking, insur-
ance real estate, advertis-
ing, etc.
8. Educational institutions.
9. Amusement and recreational
facilities.
5. Transportation 5a. Motor vehicles shall only be
used for private and public
emergency needs.
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(14.0) Regulation S-XII PUBLIC AVAILABILITY OF EMISSION DATA
A. Application
This regulation shall apply throughout the State of Missouri except
in the City of St. Louis, and St. Charles, St. Louis, Jefferson,
Franklin, Clay, Cass, Buchanan, Ray, Jackson, Platte and Greene Counties.
B. General
Emission data obtained from owners or operators of emission sources
will be correlated with applicable emission limitations and other control
measures, and will be made available to the public upon request.
(13.0) Regulation S-XIII SUBMISSION OF EMISSION INFORMATION
A. Application
This regulation shall apply throughout the State of Missouri except in
the City of St. Louis, and St. Charles, St. Louis, Jefferson, Franklin,
Clay, Cass, Buchanan, Ray, Jackson, Platte and Green Counties.
B. General Provisions
1. The owner or operator of any source shall, upon notification from
the Executive Secretary, maintain records of the nature and
amounts of emissions from such source and/or any other informa-
tion as may be deemed necessary by the Executive Secretary
to determine whether such source is in compliance with applicable
emission limitations or other control measures.
2. The information recorded shall be reported to the Executive
Secretary on a semiannual basis commencing with the first full
semiannual period after the Executive Secretary's notification
to such owner or operator of the record-keeping requirements.
The semiannual periods are January 1 to June 30 and July 1 to
December 31, except that the initial reporting period shall
commence on the date the Executive Secretary issues notification
of the record-keeping requirements.
3. The records required by this regulation shall be completed on
forms furnished by or satisfactory to the Executive Secretary,
and shall be submitted within 45 days after the end of each
reporting period.
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4. All information collected or recorded in accordance with the
provisions of this regulation shall be retained by the owner or
operator for two (2) years after the date on which the pertinent
report is submitted.
(51.13) Regulation S-III OPEN BURNING RESTRICTIONS
A. Application
This regulation shall apply throughout the State of Missouri except in
the City of St. Louis, and St. Chares, St. Louis, Jefferson, Franklin,
Clay, Cass, Buchanan, Ray, Jackson, Platte and Green Counties.
B. Definitions
1. Open burning - Combustion of any matter, except in a closed
chamber. For the purpose of this definition, a chamber shall
be regarded as closed when provided, during the time combustion
takes place, with only such apertures, ducts, stacks, flues
or chimneys as are necessary to provide combustion air and to
permit the escape of exhaust gases.
2. Refuse - Garbage, rubbish, trade wastes, leaves, salvageable
material, agricultural wastes, or other wastes.
3. Trade waste - Solid, liquid, or gaseous refuse resulting from
construction or the conduct of any business, trade, or industry,
or from any demolition operation including, but not limited
to, plastics, cardboard cartons, grease, oil, chemicals, and
cinders.
4. Salvage operation - Any business, trade, industry, or other
activity conducted in whole or in part for the purpose of
salvaging or reclaiming any product or material.
C. Prohibition of Salvage Operations by Open Burning
On and after 180 days from the effecitve date of this regulation, no
person may conduct, cause, permit or allow, a salvage operation by
open burning.
D. Refuse Burning Restrictions
On and after one year from the effective date of this regulation, no
person may conduct, cause, permit or allow, open burning of refuse.
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E. Restrictions on Open Burning of Trade Wastes
On and after 180 days from the effective date of this regulation, no
person may conduct, cause, permit or allow, the disposal of trade wastes
by open burning.
F. Exceptions
1. The open burning of trade wastes may be permitted only when it
can be shown that an emergency exists which requires open burning
or when it can be shown that such open burning is the only
feasible method of disposal. Any person intending to engage
in open burning of trade wastes shall file a request to do so
with the Executive Secretary of the Air Conservation Commission.
The application shall state the following:
a. The name, address, and telephone number of the person submit-
ting the application.
b. The type of business or activity involved.
c. A description of the proposed equipment and operating practices,
the type, quantity, and composition of trade wastes to be
burned, and expected composition and amount of air contaminants
to be released to the atmosphere where known.
d. The schedule of burning operations.
e. The exact location where open burning will be used to
dispose of the trade waste.
f. Reasons why an emergency exists or no method other than
open burning is feasible,
g. Evidence that the proposed open burning has been approved
by the fire control authority which has jurisdiction.
Upon approval of the application by the Executive Secretary,
the person may proceed with the operation without being
in violation of Section D or E of this regulation, but such
approval shall not exempt the applicant from the provisions
of any other law, ordinance or regulation.
2. This regulation shall not apply to the following:
a. Burning of refuse on a residential premises having not
more than four dwelling units, provided that the refuse
originates on the same premises.
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b. Burning of refuse at a dump or other solid waste disposal
area owned or operated by a city, or operated under license,
permit or contract to a city, for a period of two years
from the effective date of this regulation for cities
having a population in the range between 2,000 and 10,000
inhabitants, and for a period of three years from the
effective date of this regulation for cities having a
population of less than 2,000 inhabitants, provided such
burning takes place at a distance greater than one-fourth
mile from the nearest inhabited dwelling.
c. Open burning of tree trunks, tree limbs, vegetation, or
untreated waste lumber when such burning takes place at
the site of a sanitary landfill licensed under the provisions
of Section 64.670, RSMo or at any other site approved by
the Executive Secretary
d. Waste materials resulting from wood processing facilities
in existence as of the effective date of this regulation and
which do not relocate to a new site, and producing less
than 8,000 board feet or equivalent per day, may be open
burned if a least 200 yards from the nearest dwelling.
Waste materials resulting from wood processing plants
which relocate or form new wood processing facilities not in
existence as of the effective date of this regulation, and
producing less than 8,000 board feet, or equivalent per day,
may be open burned if at least one (1) mile outside the
city limits of any incorporated area or municipality, and
at least 200 yards from the nearest dwelling.
e. Open burning of tree trunks, tree limbs, and vegetation
from land clearing operations when such burning takes place
at a distance equal to or greater than 200 yards from the
nearest inhabited dwelling.
f. Open burning of trade wastes in cotton gins until December
31, 1971.
g. Fires set in connection with agricultural or forestry
operations related to the growing or harvesting of crops.
h. Fires set for the purpose of instructing and training firemen
in the methods of fighting fires.
i. Camp fires and other fires used solely for recreational
purposes, for ceremonial occasions, or for outdoor non-
commercial preparation of food.
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3. Nothing in this section may be construed to permit open burning
which causes or constitutes a hazard to vehicular or air traffic
nor which violates any other regulations.
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CITY OF INDEPENDENCE
AIR POLLUTION REGULATIONS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
INDEPENDENCE, MISSOURI, AS FOLLOWS:
Section 1. That Sections 11.29 and 11.73, Article 3, Chapter 11, be and
the same are hereby repealed that further Sections 9.20 and 9.23, Article
3, Chapter 9, of the code of the City of Independence, Missouri, be and
the same are hereby repealed and that in lieu thereof, the re-enacted
and new code article the same being designated Article 14, of Chapter 11
the new code Article, contains Sections 11.150 through and inclusive of
11.167 in the form as hereto attached and incorporated herein as though
fully set forth be enacted.
ARTICLE 14
AIR POLLUTION
(2.0) Sec. 11.150. Short Title.
This article shall be known and may be cited as the Air Pollution Control
Code.
(1.0) Sec. 11.151. Definitions.
The terms as used in this article shall have the following meaning:
1. Air contaminant - Any particulate matter, gas or vapor (exclusive
of water vapor), including but not limited to smoke, charred
paper, dust, soot, grime, carbon or any other particulate matter,
or irritating odorous matter, fumes or gases, or any combination
thereof.
2. Air contaminant source - Any source of emission of an air con-
taminant whether privately or publicly owned or operated.
3. Air pollution - The presence in the ambient air of one or more
air contaminants in quantities, of characteristics and of a
duration which directly and proximately cause or contribute to
injury to human, animal or plant life or health, or the property,
or which unreasonably interfere with the enjoyment of life or use
of property.
4. Air pollution control device - Any method, process or equipment
which removes, reduces or renders less obnoxious air contaminants
emitted into the ambient air.
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5. Ambient air - All space outside of buildings, stacks of exterior
ducts.
6. ASME - American Society of Mechanical Engineers.
7. ASTM - American Society for Testing and Materials.
8. Board - Air Pollution Control Board of Appeals.
9. BTU - British Thermal Unit(s).
10. City - City of Independence, Missouri.
11. Director - The Director of Health or his duly authorized repre-
sentative.
12. Existing - Equipment, machines, devices, articles, contrivances,
installations or similar items which are in being and have not
been abandoned on the effective date of this ordinance or when
prior to such effective date, actual construction has been law-
fully contracted for or begun or vested property rights to pro-
ceed with such construction have otherwise been acquired.
13. Fuel burning equipment used for indirect heating - A device
where the combustion of fuels to produce usable heat is trans-
ferred through a heat-conducting materials barrier or by a heat
storage medium to a material to be heated so that the material
being heated is not contacted by, and adds no substance to, the
products of combustion.
14. Multiple chamber incinerator - Any article, machine, equipment,
contrivance, structure or part of a structure, used to dispose
of combustible refuse by burning, consisting of three or more
refractory lined combustion furnaces in series, physically
separated by refractory walls, interconnected by gas passage
ports or ducts and employing adequate design parameters necessary
for maximum combustion of the material to be burned. The re-
factories shall have a Pyrometric Cone Equivalent of at least
31, tested according to the method described in the American
Society for Testing Materials, Method C-24-56.
15. New - Equipment, machines, devices, articles, contrivances,
installations or similar items, except existing things erected,
installed, reconstructed or replaced, and existing things altered,
repaired, or rebuilt at a replacement cost of thirty (30) per-
cent or more of the total replacement cost of the unit manu-
facturing process subsequent to the effective date of this
ordinance or returned to operation having been abandoned. Re-
placement cost, as used herein, shall not include the installed
cost of air pollution control equipment on existing equipment.
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16. Open burning - Any burning of combustible materials wherein the
products of combustion are emitted directly into the ambient air
without passing through a stack or chimney.
17. Particulate matter - Any material, except water, that exists in
a finely divided form as a liquid or solid at standard conditions.
18. Person - Any individual, partnership, co-partnership, firm,
company, public or private corporation, association, joint stock
company, trust, estate, political subdivision or any federal or
state governmental agency, board, department or bureau, or any
other legal entity whatever which is recognized by law as the
subject of rights and duties.
19. Premises - Land, improvements and the ambient air above such land
or improvements.
20. Process - Any reaction, operation, or treatment, the equipment
used in connection therewith, and all methods or forms of manu-
facturing or processing that may emit any air contaminant.
21. 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 intro-
duced for purposes of combustion.
22. Refuse - Any combustible waste materials, including but not
limited to garbage, rubbish, leaves, limbs, logs and other mate-
rial containing carbon in a free or combined state, excluding
"trade waste" as herein defined.
23. Ringelmann Chart - The Ringelmann Chart as published and des-
cribed in the U. S. Bureau of Mines Information Circular 8333.
24. Salvage operation - Any business, trade or industry engaged in
whole or in part in salvaging or reclaiming any product or
material, including but not limited to, metals, chemicals,
shipping containers or drums.
25. Source operation - The last operation preceding the emission of
an air contaminant which operation (a) results in the separation
of the air contaminant from the process materials or in the con-
version of the process materials into air contaminants, as in
the case of combustion of fuel, and (b) is not an air pollution
abatement control device.
26. Standard conditions - A gas temperature of 60-degrees Fahren-
heit and gas pressure of 14.7 pounds per square inch absolute.
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27. Trade waste - Solid, liquid, or gaseous material resulting from
the construction or the prosecution of any business, trade,
industry or demolition operation, including but not limited to,
-wood, plastics, cartons, grease, oil, chemicals, and cinders,
but excluding "refuse" as herein defined.
28. Residual fuel oil - Fuel oil variously known as Bunker C., PS 400,
and number six (6) as defined in ASTM D. 396 487 (1959).
29. Smoke - Small gas-borne particles resulting from combustion, con-
sisting or carbon ash, and other material.
30. Source gas volume - The volume of gas arising from a process or
other source operation.
(2.0) Sec. 11.152. Administration and Enforcement.
(15.0)
A. The Director shall administer the provisions of the ordinance.
B. Fire Prevention Chief - An assigned member of the Fire Department.
C. Hearings
1. If, in the opinion of the Director, any investigation hereunder
indicates that a violation of this Article may exist, he may
order a hearing. In such event the Director shall issue and
cause to be served upon the person alleged to be in violation,
a written receipted notice of complaint, which shall specify the
provision of this Article, including any regulation hereunder,
which such person is alleged to be in violation of, and a state-
ment of the manner in, and the extent to which such person is
alleged to be in violation of this ordinance. Such notice shall
require such person to answer the complaint at a formal hearing
before the Director at a time not less than fifteen (15) days
after the date of such notice. After such formal hearing the
Director may issue such order as he deems appropriate to elimi-
nate any violation found by the Director and compel compliance
with the regulation or other provision of this Article which such
person shall have been found by the Director to have violated.
2. Any order issued by the Director shall become final and binding
unless the person against whom such order is issued shall within
fifteen (15) days after the date of issuance of such order request
the Director, in writing, to refer such order to the Board as
hereinafter provided. Such appeal shall stay enforcement of
such order issued by the Director.
D. Inspections
The Director may, upon reasonable notice, enter and inspect any
facilities constituting any air contaminant source located on any
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premises, at any reasonable time for the purpose of ascertaining the
state of compliance with the regulations made part of this Article
and making tests and samples as provided for in Subsection H hereof.
No person shall refuse entry or access to the Director, or his repre-
sentative, upon presentation of appropriate identification and
authority; nor shall any person obstruct, hamper or interfere with
any such inspection or unreasonably interfere with such tests or
sampling. Upon request, the owner or operator of the premises shall
receive a report setting forth facts found which relate to compliance
status and as a result of such tests and sampling.
E. Sampling and Testing
1. The Director is hereby authorized to conduct or cause to be con-
ducted any test or sampling of the operation of any equipment
which, in his opinion, may result in emissions in violation of
any regulation in effect hereunder. Any test or sampling may be
conducted by any method, other than the particular method as may
be specified in any regulation hereunder, provided such substi-
tute method is technically equivalent and mutually agreed to in
writing by the Director and the operator of the air contaminant
source involved. All tests shall be conducted by reputable,
qualified personnel. At the request of the Director, the person
responsible for the source to be tested shall provide necessary
test ports in stacks or ducts and such other safe and proper
facilities exclusive of instruments and sensing devices as may
be necessary for proper determination of the emission of air
contaminants, and shall cooperate with the Director so as to
permit such tests to be made, provided that such tests shall not
unreasonably interfere with normal operations of the plant. Both
the Director and the operator of the equipment tested may be
present at the test and each shall be entitled to a copy of the
results, in writing, and signed by the person responsible for
the tests. If the results of the test or sample show that the
equipment is violating any of the provisions of this Article, the
cost and expenses of the test shall be paid by the operator of
such equipment. If no violations are disclosed, the City shall
pay such costs and expenses.
2. Upon notification by the Director to the operator of any air con-
taminant source that emission tests are considered necessary,
such person may elect to conduct such tests and sampling, in
which event such person shall notify the Director of such elec-
tion and of the time and date such person proposes to conduct
such tests and sampling, in which case such person shall pay
all costs and expenses incurred in making such test or taking
such sample. In any such test conducted by such person, the
Director may require that his duly authorized representative
be present during the conduct of such tests and the taking of
such samples. Tests or samplings made by the operator shall
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not prohibit the Director, if the Director so elects, from making
independent tests or samplings; the costs and expenses thereof
to be paid by the City. In either event, the Director and the
person who is the operator of such equipment shall be entitled
to a complete detailed report, of all tests and samplings.
F. Reports
1. The Director may require persons owning or operating any air con-
taminant source to file from time to time reports and information
relating to the rate, period of emission, and composition of
effluent from any air contaminant source including the location
of such source, size and height of air contaminant outlets,
processes employed, fuel used, and the nature and time periods
and duration of emissions, and such other relative information
as is available to such person or reasonably capable of being
assembled from the normal operating records of such person.
2. Any person found to be in violation of any regulation under this
Article shall, if required by agreement or by final order of the
Director or the Board find such violation, file such periodic
reports, as may be required, showing such person's progress
toward compliance; provided that such person shall not be re-
quired to file further progress reports after notifying the
Director of full compliance with such order.
G. Enforcement - Order of Abatement
1. Whenever the Director determines that the terms or conditions of
this ordinance have been violated, he may order that the viola-
tion be abated within a reasonable time to be prescribed by
him; such order to be served by registered mail.
2. In the event the Director determines that: (a) the person is
taking all reasonable actions available to him to comply with
the time limitations, but such compliance is not possible;
(b) the delay is caused by conditions beyond the jurisdiction
and control of such person; or (c) the imposition of the time
limitation will cause an undue hardship; then the Director may
grant such additional extensions of time as are necessary under
the criterion set forth above.
3. In the event that a violation of this ordinance occurs, the
Director may request the City Counselor to file a prosecution
in the Municipal Courts.
4. In the event that it becomes necessary and is legally proper, the
City Counselor is hereby empowered to institute proceedings in
Circuit Court in the name of the City in order to enforce the
terms and conditions of this ordinance.
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5. Upon notice of the Director or his authorized representative
that work on installation of a machine, contrivance, equipment,
device, process or operation that may cause the emission of air
contaminants is being prosecuted without a permit when such a
permit is required or without having been registered where such
registration is required or not in accordance with plans or
specifications or data submitted with the application for such
permit or such registration or contrary to any final order of
the Board, such work shall be immediately stopped. The stop-
work order shall be in writing and shall be served upon the
person responsible for the premises on which the work is occur-
ring or upon the person doing the work and shall state the con-
ditions under which the work may be resumed.
6. Any person who shall continue any work in or about such machine,
contrivance, equipment, device, process, or operation after
having been served with a stop order except such work as he is
directed to perform to remove a violation or unsafe condition,
shall be liable to a fine of not less than fifteen ($15.00)
dollars or more than five hundred ($500.00) dollars.
(51.13) Sec. 11.153. Open Burning Restriction.
A. Refuse Burning Restrictions
1. On and after May 1, 1969, no person shall dispose of refuse by
open burning or cause, suffer, allow or permit open burning of
refuse. Any open burning conducted prior to such effective date
of this Subsection shall be permitted only between the hours of
10:00 a.m. and 4:00 p.m.
2. If municipal refuse collection is not provided by the City, open
burning of household refuse originating from a single-family
residence shall not be in violation of Subsection A-l, provided
that such burning takes place on the premise where the refuse
originates and further provided that such burning takes place
within an area zoned for agricultural purposes. Any such open
burning shall be permitted only between the hours of 10:00 a.m.
and 6:00 p.m.
B. Prohibition of Salvage Operations by Open Burning
On and after May 1, 1969, no person shall cause or permit the con-
duct of a salvage operations by open burning. Any open burning
salvage operation conducted prior to such effective date in this
Subsection shall be permitted only between the hours of 10:00 a.m.
and 4:00 p.m. by special permit.
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C. Restrictions on Open Burning of Trade Wastes
1. No person shall cause or permit the disposal of trade wastes by
open burning except as provided in this section.
2. The open burning of trade wastes may be permitted when it can
be shown that such open burning is necessary and in the public
interest. Any person intending to engage in open burning of
trade wastes shall file a written request to do so with the
Director and Chief of Fire Prevention. The application shall
state the following:
(a) The name, address and telephone number of the person sub-
mitting the application.
(b) The type of business or activity involved.
(c) A description of the proposed equipment and operating prac-
tices, the type, quantity and composition of trade wastes to
be burned, and the expected composition and amount of air
contaminants to be released to the atmosphere.
(d) The schedule of burning operations.
(e) The exact location where open burning will be used for dis-
posal of trade waste.
(f) Reasons why no method other than open burning can be used
for disposal of trade waste.
(g) Evidence that the proposed open burning has been approved by
the Chief of Fire Prevention.
Upon written approval of the application by the Director, the
person may proceed with the operation without being in violation
of this permit.
3. Any violation of the provisions relating to open burning shall
be grounds for revocation of the trade waste burning permit.
(50.1) Sec. 11.154. Restrictions of Particulate Matter.
A. Restriction of Emission of Particulate Matter from Industrial
Processes
1. General provisions
(a) This regulation applies to any operation, process or activity
except:
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(1) Fuel burning equipment used for indirect heating;
(2) Burning of refuse; and
(3) Processing of salvageable material by burning.
(b) Process weight rate means a rate established as follows:
(1) For continuous or long-run steady-state source operations,
the total process weight for the entire period of con-
tinuous operation or for a typical portion thereof,
divided by the number of hours of such period or portion
thereof;
(2) For cyclical or batch source operations, the total pro-
cess weight for a period which covers a complete operation
or an integral number of cycles, divided by the hours of
actual process operation during such period.
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 Subsection, that interpretation which results in the minimum
value for allowable emission shall apply.
(c) Emission test relating to this regulation shall be made in
accordance with the standards in ASME Power Test Codes -
PTC - 27, dated 1957 and entitled "Determining Dust Concen-
tration in a Gas Stream".
2. Emission limitations
(a) No person shall cause, suffer, allow or permit the emission
of particulate matter in any one hour from any air contami-
nant source in excess of the amount shown in Table 1 for the
process weight allocated to such source, except as provided
for in Subsection 2 (b) and 3 of this Section.
(b) The limitations established by Subsection 2 (a) shall not
require the reduction of particulate matter concentration,
based on the source gas volume, below the concentration
specified in Table 2 for such volume: provided that, for
the purposes of this Subsection 2 (b) the person responsible
for the emission may elect to substitute a volume determined
according to the provisions of Subsection 2 (c) and provided
further that the burden of showing the source gas volume or
other volume substituted therefor; including all the factors
which determine such volume and the methods of determining
and computing such volume, shall be on the person seeking to
come within the provisions of this Subsection 2 (b).
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(c) Any volume of gases passing through and leaving an air pollu-
tion control device may be substituted for the source gas
volume of the source operation served by such air pollution
control device, for the purposes of Subsection 2 (b), pro-
vided such air pollution control device emits no more than
40 percent of the weight of particulate matter entering
thereto; and provided further that such substituted volume
shall be corrected to standard conditions and to moisture
content no greater than that of any gas stream entering such
air pollution control device.
(d) No person shall cause, suffer, allow or permit the emission
of particulate matter from any air contaminant source in a
concentration in excess of 0.30 grain per standard cubic
foot of exhaust gases. If the provisions of this Subsection
2 (d) would permit a greater emission of particulate matter
per hour than allowed by Subsection 2 (a), the provisions of
this Subsection 2 (d) shall not apply.
3. Exception
(a) The provisions of Section 2 shall not be applicable to exist-
ing foundry cupolas operated not more than ten hours in any
consecutive twenty-four (24) hours and not more than fifty
(50) hours in any consecutive seven days, provided that each
such existing foundry cupola shall be equipped with an air
pollution control device so operated as to:
(1) Remove 85 percent by weight of all the particulate matter
in the cupola discharge gases; or
(2) Release not more than 0.40 grain of particulate matter
per standard dry cubic foot of exhaust gases, whichever
is more stringent.
(3) All gases, vapors, and gas entrained effluents from such
cupolas shall be incinerated at a temperature not less
than 1200-degrees Fahrenheit for a period of not less
than 0.3 seconds.
(b) The provisions of Subsections 2 (a), 2 (b), 2 (c) and 2 (d)
of this Section 11.154 shall not apply to the drying pro-
cesses in existing corn wet milling operations. All existing
corn wet milling drying processes shall be equipped with gas
cleaning devices and so operated as to remove not less than
99.5 percent by weight of all particulate matter in the dryer
discharge gases.
(c) The provisions of Subsections 2 (a), 2 (b), 2 (c) and 2 (d)
shall not apply to existing catalytic cracking units in
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(d)
petroleum refineries. All existing catalytic cracking units
in refineries shall be equipped with gas cleaning devices
and so operated as to remove not less than 99.7 percent by
weight of all pairticulate matter in the cracking unit dis-
charge gases.
The provisions of this Section 11.154 shall not apply to a
process during periods when a new fire is being built, during
the start-up of the operation, during an operational break-
down, or while air pollution control equipment is being
cleaned or repaired.
TABLE 1
Process Weight
Rate
Lb/hr
100
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
Tons/hr
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
6.00
Rate of
Emission
Lb/hr
0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.96
6.52
7.38
8.56
9.49
10.4
11.2
12.0
13.6
Process Weight
Rate
Lb/hr
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000
Tons/hr
8.00
9.00
10.00
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
Emission
Lb/hr
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7
Interpolation of the data in this table for process weight rates UD to
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=55.0 p °-'' - 40, where E = rate of emission in Ib/hr and p = process
weight rate in tons/hr.
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TABLE 2.
Source Gas
Volume, SCFM (a)
7,000
or less
8,000
9,000
10,000
20,000
30,000
40,000
50,000
60,000
80,000
100,000
120,000
Concentration
GR/SCF (b)
0.100
0.096
0.092
0.089
0.071
0.062
0.057
0.053
0.050
0.045
0.042
0.040
Source Gas
Volume, SCFM (a)
140,000
160,000
180,000
200,000
300,000
400,000
500,000
600,000
800,000
1,000,000
or more
Concentration
GR/SCF (b)
0.038
0.036
0.035
0.034
0.030
0.027
0.025
0.024
0.021
0.020
a = Standard cubic foot per minute.
b = Grain per standard cubic foot.
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B. Maximum Allowable Emission of Participate Matter from Fuel Burning
Equipment used for Indirect Heating
1. General Provisions
(a) This section applies to installations in which fuel is burned
for the primary purpose of producing steam, hot water, or hot
air or other indirect heating of liquids, gases, or solids
and, in the course of doing so, the products of combustion
do not come into direct contact with process materials.
Fuels, including those such as coal, coke, lignite, coke
breeze, gas, fuel oil, and wood or any combination thereof,
but does not include refuse. When any products or by-products
of a manufacturing process are burned for the same purpose or
in conjunction with any fuel, the same maximum emission
limitations shall apply.
(b) The heat content of coal shall be determined according to
ASTM Method D-271-64 Laboratory Sampling and Analysis of
Coal and Coke or ASTM Method D-2015-62T Gross Calorific
Value of Solid Fuel by the Adiabatic Bomb Calorimeter, and
the heat content of oil shall be determined according to
ASTM Method D-240-57T which publications are made a part
of this regulation by reference.
(c) For purposes of this regulation, the heat input shall be the
aggregate heat content of all fuels whose products of com-
bustion pass through a stack or stacks. The heat input
value used shall be the equipment manufacturer's or design-
er's guaranteed maximum input, whichever is greater. The
total heat input of all such fuel burning units at a plant
or on a premise shall be used for determining the maximum
allowable amount of particulate matter which may be emitted.
(d) The amount of particulate matter emitted shall be measured
according to the ASME Power Test Codes - PTC - 27, Dated
1957, and entitled "Determining Dust Concentration in a
Gas Stream", which publication is made a part of this regu-
lation by reference.
2. Emission Limitations
No person may cause, allow or permit the emission of particulate
matter in excess of that specified in the following schedule
(see Graph I which is included for illustrative purposes only):
(a) 0.60 pounds for each million BTU per hour input if the equip-
ment has a capacity rating of 10 million or less. If the
capacity rating of the fuel burning equipment is more than
10 million, the amount of particulate matter which may be
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emitted for each million BTU input shall decrease as the
capacity rating of the fuel burning equipment increases,
a:; follows:
(1) No more than 0.41 pounds for each million BTU input
from equipment having a capacity rating of 50 million;
(l>) No more than 0.35 pounds for each million BTU input
from equipment having a capacity rating of 100 million;
(3) No more than 0.24 pounds for each million BTU input
from equipment having a capacity rating of 500 million;
(4) No more than 0.21 pounds for each million BTU input
from equipment having a capacity rating of 1,000 million;
(15) No more than 0.17 pounds for each million BTU input from
equipment having a capacity rating of 2,000 million;
(i5) No more than 0.14 pounds for each million BTU input from
equipment having a capacity rating of 5,000 million;
(7) No more than 0.13 pounds for each million BTU input from
equipment having a capacity rating of 7,500 million;
(3) No more than 0.12 pounds for each million BTU input from
equipment having a capacity rating of 10,000 million
or more.
The amount of particulate matter which may be emitted from
fjel burning equipment having an intermediate capacity
rating shall be determined either by linear interpolation,
or by use of the following equation:
log Y = 0.2330 log X - 2.0111
where X represents each million BTU input, and Y represents
the allowable pounds of emissions.
3. Compliance with the provisions of this Section 11.154 shall not
be determined during periods when a new fire is being built, dur-
ing start-up, change of load, fuel or other operating conditions,
during an operational breakdown or other emergency conditions,
while air pollution control equipment is being cleaned or repaired,
or during sootblowing, but shall be determined during steady-state
conditions.
4. The operator of equipment used for indirect heating in any plant
may, at his option, elect to eliminate, for the purpose of deter-
mining compliance with the provisions of this Section 11.154 any
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v ALUV.:A;'.I.K PARTICUUTK KMICSIOU
FCUJi.'S i'AHMCUUAVK HKR MI LI, I ON IITU HKAT INPUT
I
CTt
1.0
0.50
o.oo
0.70
0.60
0.50
0.1*0
0.30
0.25
0.20
0.15
0.10
o.og
• i.o
0.50
10
1,000
5.000 1C.000
30.000
CJIAI'll I
-------
fuel burning units normally scheduled to operate less than
1,500 hours per year, provided such units are equipped with air
pollution control equipment having a collection efficiency of
not less than 85%, in which case such units shall be deemed to
comply with the provisions of this Section 11.154 and in any
multiple unit plant shall be treated as a separate installation
from other units in such plant. The Director may require such
operator to submit proposed operating schedules of such units
in advance and reports of actual operating schedules for any
year.
C. Preventing Particulate Matter from Becoming Air-Borne
1. No person shall cause or permit the handling, or transporting or
storage of any material in a manner which allows or may allow
particulate matter to become air-borne beyond the premises where
it originated to the extent that it remains visible in unreason-
able amounts.
2. No person shall cause or permit a building or its appurtenances
or a road or a driveway, or an open area to be constructed, used,
repaired or demolished 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 necessary to prevent particulate matter from
becoming air-borne, including but not limited to paving or fre-
quent cleaning of roads, driveways and parking lots; application
of dust-free surfaces; application of water; and the planting
and maintenance of vegetative ground cover.
3. The above Sections do not apply to farming operations.
(50.1.2) Sec. 11.155. Restrictions of Emission of Visible Air Contaminants.
A. Restrictions Applicable to Existing Installations, Except Incinerators
1. On and after May 1, 1969, no person shall discharge into the
ambient air from any single source of emission whatsoever any
air contaminant:
(a) Of a shade or density equal to or darker than that designated
as No. 2 on the Ringelmann Chart; or
(b) Of such opacity as to obscure an observer's view to a degree
equal to or greater than does that designated as No. 2 on
the Ringelmann Chart.
2. This Section A shall not apply to incinerators.
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B. Restrictions Applicable to New Installations and All Incinerators
No person may discharge into the ambient air from any single new
source of emission whatsoever, nor from any incinerator, new or
existing, any air contaminant - (a) of a shade or density equal to
or darker than that designated as No. 1 on the Ringelmann Chart,
or (b) of such opacity as to obscure an observer's view to a degree
equal to or greater than does smoke designated as No. 1 on the
Ringelmann Chart.
C. Exceptions
1. A person may discharge into the atmosphere from any single source
of emission for such reasonable periods of time as the Director
may find to be required by the nature of the operations, air
contaminants:
(a) Of a shade or density equal to nor darker than No. 3 on the
Ringelmann Chart, or
(b) Of such opacity as to obscure an observer's view to a degree
equal to nor greater than that designated as No. 3 on the
Ringelmann Chart, or
(c) Where the presence of uncombined water is the only reason for
failure of an emission to meet the requirements of this
Section, this Section shall not apply.
2. The provisions of this Section shall not apply to the following:
(a) The transfer of molten metals.
(b) Emissions from transfer ladles.
(c) Jet and other aircraft engines.
3. This section shall not apply to woodburning fireplaces and wood
burning stoves in dwellings, nor to fires used for recreational
purposes, nor to fires used solely for non-commercial preparation
of food by barbecuing, nor to fires used solely for training
firemen, nor to smoke generators used for the training of air
pollution control inspectors.
D. Method of Measuring Visible Emissions
The Ringelmann Chart shall be used in grading the shade of opacity
of visible air contaminant emissions. The Director may with the con-
sent of the source operator employ any other means of measurement
which give comparable results or results of greater accuracy.
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(50.6) Sec. 11.156. Restriction of Emission of Odors.
A. No person shall cause or permit odorous emissions so as to cause a
violation as defined in Subsection B. hereunder.
B. An odor occurrence shall be deemed a violation when a complaint from
one person or more, is received and substantiated within two hours
by observations of the Director. The Director shall deem the com-
plaint valid only if he finds the occurrence of sufficient duration
or frequency so that he can make two measurements of Scentometer No.
2 odor strength within a period of one hour, these measurements being
separated by at least fifteen (15) minutes.
C. Odor measurement shall be made with a Scentometer as manufactured by
Barnebey-Cheney Company or any other instrument, device, or technique
designated by the Director as producing equivalent results.
(12.0) Sec. 11.157. Emission of Visible Air Contaminants From Internal
(50.1.2) Combustion Engines.
A. No person may cause or permit the emission of visible air contami-
nants in excess of the amounts specified in Section 11.155, Subsection
A, of these regulations from the internal combustion engine of:
1. Portable or stationary equipment for longer than 10 consecutive
seconds;
2. A motor vehicle while the vehicle is stationary for. longer than
10 seconds; or
3. A motor vehicle after the vehicle has moved more than 100 yards
from a place where the vehicle was stationary.
4. This Section 11.157 shall not apply when the presence of uncom-
bined water is the only reason for the failure of an emission to
meet the requirements of this Section 11.157.
B. Exceptions
The provisions of this Section 11.157 shall not apply to jet or other
aircraft engines.
(51.9) Sec. 11.158. Incinerators.
A. General provisions
1. This regulation shall apply to all incinerators.
2. The amount of particulate matter emitted from any incinerator
shall be determined according to the ASME Power Test Codes -
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PTC - 27, dated 1957, and entitled "Determining Dust Concentra-
tion in a Gas Stream". In calculating the amount of particulate
matter in a stack gas the loading shall be adjusted to 12 per-
cent carbon dioxide in the stack gas. Emissions shall be
measured when the incinerator is operating at its maximum
capacity or at any other burning rate during which emission of
particulate matter is greater.
3. No person shall cause or permit the burning of refuse in any
installation which is not designed for that purpose.
B. Restriction of Emissions of Particulate Matter from Incinerators
1. No person shall cause or permit the emission of particulate matter
from the stack or chimney of any incinerator:
(a) In excess of 0.2 grains of particulate matter per standard
dry cubic foot of exhaust gas;
(b) Greater than 60 microns in diameter; or
(c) Of a shade equal to or darker than that designated as No, 1
on the Ringelmann Chart, or of such opacity as to obscure an
observer's view to a degree equal to or greater than that
designated as No. 1 on the Ringelmann Chart.
2. All incinerators shall be designed and operated so that all gases,
vapors and entrained effluents shall v while passing through the
final combustion chamber, be maintained at a temperature adequate
to prevent the emission of objectionable odors. Provided, how-
ever, that the Public Health Engineer shall approve any other
method of odor control which he determines is equally effective.
3. No incinerator shall be used for the burning of refuse unless
such incinerator is a multiple chamber incinerator. Existing
incinerators which are not multiple chamber incinerators may be
altered, modified or rebuilt as may be necessary to meet this
regulation. The Public Health Engineer may approve any other
alteration or modification to an existing incinerator if such
be found by him to be equally effective for the purpose of air
pollution control as a modification or alteration which would
result in a multiple chamber incinerator. All new incinerators
shall be multiple chamber incinerators, provided that the Public
Health Engineer may approve any other kind of incinerator if
he finds in advance of construction or installation that such
other kind of incinerator is equally effective for purposes of
air pollution control as an approved multiple chamber incinera-
tor.
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4. Within thirty (30) days after the date on which installation or
construction of an incinerator is completed, the installer shall
file a request with the Public Health Engineer to schedule the
performance tests provided in Subsection A-2 of this Section.
If the results of the performance tests indicate that the incin-
erator is not operating in compliance with Subsections B-l and
B-2 of this Section, no person may cause or permit further
operation of the incinerator, except for additional tests as
outlined in Subsection A-2 of this section, until approval is
received from the Public Health Engineer.
5. The burning capacity of an incinerator shall be the manufac-
turer's or designer's guaranteed maximum rate or such other rate
as may be determined by the Public Health Engineer in accordance
with good engineering practice. In case of conflict, the find-
ings of the Public Health Engineer shall govern.
Existing incinerators which are not multiple chamber incinerators
and do not otherwise meet the requirements of Subsection 1 of this
provision shall be modified or rebuilt in compliance with this
Section in accordance with the following schedule:
Rated Capacity Latest Date for Compliance
1000 Ibs/hr or above 12 months from effective date of
regulation
999 Ibs/hr or less 18 months from effective date of
regulation
C. Permitted Hours of Operation
No person shall operate or cause or permit the operation of any incin-
erator at any time other than between the hours of 10 a.m. and 4 p.m.
This restriction shall not apply to incinerators having a refuse
burning capacity of one ton per hour or more.
D. Incinerator Permits
1. No person shall erect, construct, alter or install any incin-
erator in any building or other structure or on any premises
until a permit has been secured from the Public Health Engineer
pursuant to a written application therefor, upon forms furnished
by the Public Health Engineer.
2. Each application for a permit shall be accompanied by two sets
of such drawings, specifications and data as are required to
verify that the proposed work will conform to the provisions
of this chapter. One set of drawings, specifications and data
shall remain on file in the office of the Public Health Engineer.
\
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3. Any incinerator erected, constructed, altered or installed con-
trary to the plans or specifications submitted at the time of
permit application shall cause the installation permit to be-
come void.
4. Any person starting work for which a permit is required by this
Code prior to obtaining a permit shall be deemed guilty of a
misdemeanor.
(2.0) Sec. 11.159. Plans and Specifications.
A. Filing
The Superintendent of Building Construction shall not issue a permit
for the erection, construction, re-construction, alteration or cer-
tificate of occupancy of any building or structure when the plans
and specifications for such structure or occupancy include any fuel
burning device or any article, machine, equipment or other contri-
vance, the use of which may cause the issuance of air contaminants
or the use of which may eliminate or reduce or control the issuance
of air contaminants until such plans and specifications for such fuel
burning device, air contaminant source or air pollution control
device have been filed with the Public Health Engineer or the Public
Health Engineer shall have in writing waived such filing requirement.
B. Exceptions
The filing of plans and specifications with the Public Health Engineer
shall not be required for any (a) oil-fired fuel-burning equipment
burning No. 1 and No. 2 fuel oil; (b) gas-fired fuel-burning equip-
ment; or (c) solid-fuel and residual fuel oil fired fuel-burning
equipment when the maximum fuel input will not exceed 350,000 B.T.U.
per hour.
(2.0) Sec. 11.160. Air Pollution Control Board of Appeals.
A. Appointed
1. The Mayor, with the approval of the City Council, shall appoint
an Air Pollution Control Board of Appeals, which shall consist
of five members. One member shall be an attorney licensed to
practice in the State of Missouri. One shall be a professional
engineer registered as such under the Missouri State Registra-
tion Law; one shall be a professional medical doctor registered
as such under the Missouri State Registration Law; one shall be
associated with heavy industry; and one shall be associated with
organized labor. All members shall be appointed for a term of
four years, except that for the initially appointed board, one
member shall serve for one year, one member for two years, one
member for three years, and two members for four years. Each
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member shall be a person of good reputation, who shall have been
a resident of Independence, Missouri, continuously for at least
three years prior to his appointment. No member of the Board
shall be an officer or an employee of any governmental agency.
Vacancies on the Board shall be filled for the unexpired term
by the Mayor, with the approval of the City Council. Members
appointed to fill vacancies shall have qualifications which
their predecessors were required to possess.
2. The Mayor shall designate one of the members of the Board to
serve as Chairman.
3. The Mayor, with the approval of the City Council, shall appoint
a Secretary to the Board for the purpose of administering it's
affairs and maintaining it's records, but the Secretary shall
have no vote on the Board.
B. Actions by Board
1. The Board shall set all hearings at a time not less than 30 days
after requested by the Director or any person adversely affected
or otherwise aggrieved by any order issued by the Director. The
Board shall hear and determine appeals from actions and orders
of the Director and all petitions for variance. Fifty Dollars
($50.00) shall accompany the notice of a-peal or the petition
for variance.
2. Subj€.'ct to the provisions of Section 11.161 hereof, all hearings
held by the Board shall be open to the public, and all testimony
taken before the Board shall be under oath and recorded steno-
graphically, except that the Board may require the submission
of voluminous or detailed or technical testimony in writing
under oath. A transcript of the testimony so recorded shall be
made available to any member of the public or to any partici-
pant in such hearing upon payment of reasonable charges for
transcription thereof.
3. All hearings shall be had before one or more members of the
Board which shall designate one of the members to act as a
hearing officer. The member designated by the Board to act as
hearing officer may issue in the name of the Board, notices of
the hearing and subpoenas requiring attendance and testimony of
witnesses and production of evidence relevant to any matter
involved in such proceedings and administer the oath and affirma-
tions and examine witnesses.
4. Each party to the proceeding may file written arguments and may
appear at the hearing in person or by counsel and may make oral
arguments, offer testimony or cross-examine witnesses or take
any combination of such actions. Any person aggrieved or who
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would be aggrieved by the emissions from the alleged air
contaminant source shall be entitled to appear to testify with
respect to such matter, subject to such restrictions and pro-
cedures as the Board may establish, but shall not be a party to
such proceeding. In all proceedings before the Board involving
variances, and in all appeals from any order issued by the
Director, the applicant for a variance on the person or persons
to whom such order is directed and the Director shall be the
parties in interest.
5. In each such proceeding, each member of the Board who renders or
joins in rendering an order of the Board shall, prior to taking
action thereon, either hear all the evidence, read the record
in full including all the evidence, or personally consider
the portions of the record cited or referred to in the arguments
or briefs. The parties may be written stipulation, or by oral
stipulation in the record, at the hearing waive compliance
with the provisions of this sub-section.
6. Every order by the Board shall be in writing approved by at least
three members and shall be accompanied by findings of fact and
conclusions of law, which shall be stated separately, on which
the Board bases its order.
7. The Board shall issue its order and immediately notify each party
to the proceeding, in writing, by certified mail. In cases in
which any party is found to have violated any provision of this
article the order of the Board shall fix a reasonable time for
such person or persons to take such measures as may be necessary
to prevent subsequent violation.
C. Variances
1. Any person who owns or is in control, or proposes to be in control
of any air contaminant source, may submit a petition to the
Director for a variance from any section of this ordinance
governing the quality, nature, duration or extent of discharge
of air pollution from such source. The petition shall be accompa-
nied by the fee provided in Subsection B above, and shall include
the following information.
(a) The name, address and telephone number of the petitioner,
or other person authorized to receive service of notices.
(b) The type of business or activity involved in the application
and the street address at which it is conducted.
(c) A brief description of the article, machine, equipment or
other contrivance or process involved in the application and
the emissions occurring therefrom.
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(d) Each petition shall be signed by the petitioner or by some
person on his behalf, and where the person signing is not
the petitioner, it shall set forth his authority to sign.
(e) The section of this ordinance from wh.ich the variance is
sought.
(f) Such other information and data with respect to such air
contaminant source as may be required by the Chairman of the
Board.
2. The Director or his authorized representative shall promptly
investigate such petition and submit it with a recommendation
to the Board as to the disposition thereof.
3. The Board may grant such variance if it finds that:
(a) The emission occurring or proposes to occur does not consti-
tute an immediate hazard to public health or safety; and
(b) Compliance with the terms, conditions, and limitations of
this ordinance from which variance is sought would result in
an arbitrary and unreasonable taking of property or in the
practical closing and elimination of any lawful business,
occupation or activity in either case without sufficient
corresponding benefit or advantage to the people.
4. No variance shall be granted pursuant to this Subsection except
after publication of notice of the filing of such petition and
until the Board has considered the relative interests of the
petitioner, other owners of property likely to be affected by
the discharges and the general public.
5. Variances may be granted for such periods of time and under such
terms and conditions as shall be specified by the Board. Variances
may be renewed by the Board upon application made at least sixty
(60) days prior to the expiration of the term of Renewal applica-
tion shall be considered in the same manner as the initial
petition for variance was considered by the Board.
6. Such a variance may require a decrease of the emission during
the variance period and the making of periodic reports of an
improvement program and on compliance with the terms and conditions
attached to the variance. A variance may be revoked or modified
for failure to comply with the terms thereof or for failure to
make a periodic report, if such is required.
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7. Nothing in this Subsection, and no variance or renewal granted
pursuant here shall be construed to prevent or limit the
application of the emergency provisions and procedures of this
ordinance.
(14.0) Sec. 11.161. Confidentiality.
No information relating to secret process or trade secrets affecting
methods results of manufacture shall be disclosed to the public, if
so requested by the owner or operator thereof, and all such information
shall be kept confidential. At any public hearing any such confi-
dential information shall, if requested by the owner or operator
thereof, be received in and kept under seal.
(2.0) Sec. 11.162. Circumvention.
No person shall willfully cause or permit the installation or use of
any device or any means which, without resulting in reduction in total
amount of air contaminant emitted cancels or dilutes an emission of
an air contaminant which would otherwise violate any regulation under
this Article. This Section shall not apply when the only violation
involved is a violation of a regulation based on concentration or
presence of one or more air contaminants at locations beyond the
premises on which such air contaminant source or sources are located.
(8.0) Sec. 11.163. Uncontrollable Force or Upset Conditions.
A. Uncontrollable Force
No emission which would otherwise be a violation of any regulation
under this Article shall be deemed to be a violation, and no liabili-
ties thereof shall be imposed or enforced, if such emission is the
result of any act of God, war, laber disturbance, riot, catastrophe,
or other beyond the control of such person.
B. Upset Conditions
Emissions exceeding any of the limits established by this ordinance
as a direct result of unavoidable upset conditions in the nature of
the process or unavoidable and unforseable breakdown of any air
pollution equipment or related operating equipment or as a direct
result of shutdown of such equipment for necessary scheduled mainten-
ance, shall not be deemed in violation of this ordinance, provided
the following requirements are met.
1. Such occurrence in the case of unavoidable upset in or breakdown
of equipment shall have been reported to the Director as soon as
reasonably possible but no later than the next business day after
the occurrence.
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2. In the case of shutdown for necessary scheduled maintenance, the
Intent to shut down shall be reported to the Director at least
twenty-four hours prior to the shutdown and the exception provided
by this Section shall only apply in those cases where the maximum
reasonable effort has been made to accomplish such maintenance
during periods of non-operation of any related source operation
and that it would be unreasonable or impossible to shut down the
source operation during the maintenance period.
3. The person responsible for such emission shall, upon request of
the Director, submit a full report of such occurrence, including
a statement as to the amount of and chemical composition of the
emissions, causes of and the scheduling and nature of the actions
to be taken to minimuze or eliminante future occurrences including
but not limited to action to correct the condition causing such
emission to exceed said limits, to reduce the frequency of occur-
rence of such conditions, to minimize the amount by which said
limits are exceeded and to reduce the length of time said limits
are exceeded.
(8.0) Sec. 11.164 Emergency Condition.
A. Notwithstanding other provisions of this Article, if the Director
after investigation finds, or has cause to believe that a generalized
or specific condition creates an emergency requiring immediate action
to protect human health or safety in such areas, the Director may
with the written approval of the Mayor or Mayor Pro-Tern, issue such
order or orders to persons causing or contributing to such air
contaminants into the ambient air. Upon receipt of any such order,
the persons to whom it is directed shall immediately comply with such
order.
B. Upon issuance of any such emergency order by the Director, he shall
refer th« matter to the Board immediately, which shall fix a time and
place for hearing to be held before the board not later than forty-
eight (48) hours after the issuance of the emergnecy order or such
longer time as the persons to whom the order is directed may designate,
to investigate and determine the factors causing or contributing to
such emergency condition. All persons whose interests are prejudiced
or affected in any manner by such order shall have the right to appear
in person or by counsel at the hearing and to present evidence
relative to the facts giving rise to such emergency order. Within
twenty-four (24) hours after completion of the hearing, the Board
shall affirm, modify or set aside the Director's emergency order or
make such other emergency order or orders as the Board deems appropri-
ate. Thereupon, the board shall notfiy all parties appearing in
person or by counsel of it's determination, in writing, by certified
mail.
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' Sec. 11.165 Public Nuisance.
A. The emission into the ambient air of air contaminants resulting in air
pollution, in violation of any regulation under this Article, is
declared to be and shall constitute a public nuisance, and it shall
be unlawful for any person to cause, permit or maintain any such
public nuisance.
B. Pursuant to the provisions of Section 71.780 RSMo the emission into
the ambient air of air contaminants resulting in air pollution, in
violation of any regulation under this Article within the boundaries
of the City and within unincorporated areas within one-half mile
outside the boundaries of the City, is hereby declared to be a public
nuisance which is injurous to the health and welfare of the inhabitants
of the City.
(2.0) Sec. 11.166 Actionable Rights.
Persons other than the City shall not acquire actionable rights by
virtue of this Article, including the regulations hereunder. A
determination by the Director or the Board that air pollution or
air contamination exists, or that this Article or any regulation
hereunder is being violated, whether or not a proceeding or action
is brought by the Director, Board or City, shall not create by reason
thereof any presumption of law or finding of fact which shall inure to
or be for the benefit of any person other than the City.
(15.0) Sec. 11.167 Penalties.
A. Every person convicted of a violation of this Article shall be
punished by a fine of not less than $1.00, nor more than $500.00,
or by imprisonment for not more than 90 days, or both such fine and
imprisonment. Each day that a violation shall continue, after notice
from the Director, shall constitute a separate offense.
B. Each willful disclosure of confidential information or conspiracy
to disclose such information to any person other than the one entitled
to such information in pursuance of his duties under this Article
shall be deemed to be a misdeameanor, and shall be subject to such
civil remedies and criminal penalties for such wrongful action as may
be available against him.
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Section 2.
In a case where a provision cf this article including any regulation
hereunder is found to be in conflict with any other ordinance, code,
regulation in force in the city, provisions of this article shall prevail
in the provisions of such other ordinance or ordinances, code, or regula-
tions are hereby repealed to the extent that it may be found in conflict
with this article or the regulations hereunder included.
Section 3.
That the immediate passage of this ordinance is by the City Council of
the Independence, Missouri deemed to be necessary to preserve, protect,
the health, welfare, and safety of the citizens of the said city and
to comply with federal and state regulatory rules and regulations
promulgated since the passage of the original Air Pollution Code of the
said city hereto for repealed and that the immediate passage of this
ordinance is deemed to be of an emergency nature by the said City Council
and that it shall go into full force effective upon passage.
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KANSAS CITY METROPOLITAN AREA REGULATIONS
(1.0) Regulation I DEFINITIONS
A. As used in these regulations, except as otherwise specifically
provided in such regulations, the following words shall have
the meaning ascribed to them in this regulation:
1. ASME -- American Society of Mechanical Engineers, 345 East 47th
Street, New York, New York
2. ASTM -- American Society for Testing and Materials, 1916
Race Street, Philadelphia, Pennsylvania
3. Existing -- As applied to any equipment, machine, device, article,
contrivance, or installation, shall mean in being, installed or
under construction on September 25, 1968, except that if any
equipment, machine, device, article, contrivance or installation
is subsequently altered, repaired or rebuilt at a cost of 30
percent (30%) or more of its replacement cost exclusive of
routine maintenance, it shall no longer be existing but shall
be considered new as defined in this regulation. The cost of
installing equipment designed principally for the purpose of
this definition. For the purposes of Buchanan County the date
of January 21, 1970 shall apply instead of September 25, 1968.
4. Incinerator -- Any article, machine, equipment, contrivance,
structure, or part of a structure used to burn refuse or to
process refuse material by burning other than by open burning
as defined herein.
5. Kansas City Metropolitan Area -- The geographical area comprised
of Jackson County, Cass County, Clay County, Platte County, Ray
County, and Buchanan County.
6. Multiple chamber incinerator -- Any incinerator used to dispose
of combustible refuse by burning, consisting of three or more
refractory lined combustion furnaces in series, physically
separated by refractory walls, interconnected by gas passage
ports or ducts and employing adequate design parameters necessary
for maximum combustion of the material to be burned, the refracto-
ries having a Pyrometric Cone Equivalent of 31, tested according
to the method described in the American Society for Testing and
Materials Method C-24-56.
7. New -- As applied to any equipment, machine, device, article,
or contrivance or installation, shall mean not "existing" as
defined herein.
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8. Open burning -- The burning of any materials wherein air contami-
nant:; resulting from combustion are emitted directly into the
ambient air without passing through a stack or chimney from
an enclosed chamber. For the purposes of this definition, a
chamber shall be regarded as enclosed, when during the time
combustion takes place, only such apertures, ducts, stacks,
flue:; or chimneys as are necessary to provided combustion air
and to permit the escape of exhaust gases are open.
9. Particulate matter -- Any material, except uncombined water,
that exists in a finely divided form as a liquid or solid at
standard conditions.
10. 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 intro-
duced for purposes of combustion.
11. Refuse -- Garbage, rubbish, trade wastes, leaves, salvageable
material, agricultural wastes, or other wastes.
12. Residual fuel oil -- Fuel oil variously known as Bunker C, PS
400 and Number 6 as defined in ASTM D 396 487 (1959).
13. Ringelmann Chart -- "Ringelmann's Scale for Grading the Density of
Smoke" as published in U.S. Bureau of Mines Information Circular
8333.
14. Salvage operation -- Any business, trade, industry or other
activity conducted in whole or in part for the purpose of
salvaging or reclaiming any product or material.
15. Smoke -- Small gas-borne particles resulting from combustion,
consisting of carbon, ash, and other material.
16. Source gas volume -- The volume of gas arising from a process or
other source operation.
17. Source operation -- The last operation preceding the emission of
air contaminant, which operation (a) results in the separation of
the air contaminant from the process materials or in the conversion
of tie process materials into air contaminants, as in the case of
combustion fuel; and (b) is not principally an air pollution
abatement operation.
18. Standard conditions -- A gas temperature of 60 degrees Fahrenheit
and A gas pressure of 14.7 pounds per square inch absolute.
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19. Trade waste -- Solid, liquid or gaseous material resulting from
construction or the prosecution of any business, trade or
Industry, or any demolition operation including, but not limited
to plastics, cardboard cartons, grease, oil, chemical or cinders.
(50.1.1) Regulation II RESTRICTION OF EMISSION OF PARTICIPATE MATTER FROM
INDUSTRIAL PROCESSES
A. General Provisions
1. This regulation applies to any operation, process, or activity
except the burning of fuel for indirect heating in which the
products of combustion do not come into direct contact with
process materials and except the burning of refuse and except
the processing of salvageable material by burning.
2. Process weight means the total weight of all materials introduced
into a source operation, including solid fuels, but excluding
air introduced for purposes of combustion.
a. For continuous or long-run steady-state source operations
the total process weight for the entire period of continuous
operation or for a typical portion thereof, divided by the
number of hours of such period or portion thereof.
b. For cyclical or batch source operations, the total process
. weight for a period which covers a complete operation or
an integral number of cycles, divided by the hours of actual
process operation during such period.
Where the nature of any process or operation or the design
of any equipment is such as to permit more than one inter-
pretation of this section, that interpretation which results
in the minimum value for allowable emission shall apply.
3. Emission tests relating to this regulation shall be made follow-
ing the standards in American Society of Mechanical Engineers
Power Test Codes-PTC-27 dated 1957 and entitled "Determining Dust
Concentration in a Gas Stream".
Any other method which is in accordance with good professional
practice may be used by mutual consent of the source operator
and the Executive Secretary.
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B. Emission Limitations
1. Except as provided for in Subsection B (2) and Section C of
this Regulation II, no person shall cause, suffer, allow, or
permit the emission of particulate matter in any one hour from
any source in excess of the amount shown in Table 1 for the
process weight allocated to such source.
2. The limitations established by Subsection B (1) of this Regulation
II shall not require the reduction of particulate matter concen-
tration, based on the source gas volume, below the concentration
specified in Table 2 for such volume; provided that, for the
purposes of this Subsection B (2) the person responsible for the
emission may elect to substitute a volume determined according
to the provisions of Section B (3) of this Regulation II; and
provided further that the burden of showing the source gas volume
or other volume substituted therefor, including all the factors
which determine such volume and the methods of determining and
computing such volume, shall be on the person seeking to come
within the provisions of this Section.
3. Any volume of gases passing through and leaving an air pollution
abatement operation may be substituted for the source gas volume
of the source operation served by such air pollution abatement
operation for the purposes of Subsection B (2) of this Regulation
II provided such air pollution abatement operation emits no more
than 40 percent of the weight of particulate matter entering
thereto; and provided further that such substituted volume
shall be corrected to standard conditions and to a moisture
content no greater than that of any gas stream entering such air
pollution abatement operation.
4. Notwithstanding the provisions of Subsections B (1) and B (2) of
this Regulation II, no person may cause, allow or permit the
emission of particulate matter from any souce in a concentration
in excess of 0.03 grain per standard cubic foot of exhaust gas.
C. Exception;;
1. The provisions of Subsections B (1), B (2), and B (4) of this
Regulation II shall not apply to existing grey iron jobbing
.cupolcis. For purposes of this Regulation II, a jobbing cupola
is defined as a cupola which has a single melting cycle operated
no more than 10 hours in any consecutive 7 days.
a. All existing grey iron jobbing cupolas shall be equipped with
gas cleaning devices and so operated as to remove not less
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b.
than 85% by weight of all the participate matter in the cupola
discharge gases, or release not more than 0.4 grain of
participate matter per standard cubic foot of discharge
gas, whichever is more stringent.
All gases, vapors, and gas entrained effluents from such
cupolas shall be incinerated at a temperature not less than
1200° Fahrenheit for a period of not less than 0.3 seconds.
Table I
Process
Ra
Lb/Hr
100
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
| 5,000
6,000
7,000
8,000
9,000
10,000
12,000
Weight
te
Tons/Hr
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
6.00
Rate Of
Emission
Lb/Hr
0.551
0.877
1.40
1.83
2.22
2.58
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
Process
Ra1
Lb/Hr
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000
Weight
:e
Tons/Hr
8.00
9.00
10.
15.
20.
25.
30.
35.
40.
45.
50.
60.
70.
80.
100.
500.
1,000.
3,000.
Rate of
Emission
Lb/Hr
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7
Interpolation of the data in this table for process weight rates
up to 60,000 Ib/hr shall be accomplished by use of the equation
E=4.10P°-67, and interpolation and extrapolation of the data for
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process weight rates in excess of 60,000 Ib/hr shall be accomplished
by use of the equation: E=55.0PU-11 -40, where E=rate of emission
in Ib/hr and P=process weight rate in tons/hr.
2. The provisions of Subsections B (1), B (2), B (3) and B (4)
of this Regulation II shall not apply to the drying process in
existing corn wet milling operations. All existing corn wet
milling drying processes shall be equipped with gas cleaning
devices and so operated as to remove not less than 99.5% by
weight of all particulate matter in the dryer discharge gases.
3. The provisions of Subsections B (1), B (2), B (3) and B (4) shall
not apply to existing catalytic cracking units in petroleum
refineries. All existing catalytic cracking units in refineries
shall be equipped with gas cleaning devices and so operated as
to remove not less than 99.7% by weight of all particulate matter
in the cracking unit discharge gases.
4. The provisions of this Regulation II shall not apply to a
process during periods when a new fire is being built, during
the start-up of the operation, durinc an operational breakdown,
or while air pollution control equipment is being cleaned or
repaired.
Table 2
Source Gas Concentration
Volume, SCFMa GR/SCFb
Source Gas Concentration
Volume, SCFMa GR/SCFb
7,000
or less
8,000
9,000
- 10,000
20,000
30,000
40,000
50,000
60,000
80,000
100,000
120,000
0.100
0.096
0.092
0.089
0.071
0.062
0.057
0.053
0.050
0.045
0.042
0.040
140,000
160,000
180,000
200,000
300,000
400,000
500,000
600,000
800,000
1,000,000
or more
0.038
0.036
0.035
0.034
0.030
0.027
0.025
0.024
0.021
0.020
aStandard cubic foot per minute
bGrain per standard cubic foot
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(51.5) Regulation III MAXIMUM ALLOWABLE EMISSION OF PARTICIPATE MATTER FROM
FUEL BURNING EQUIPMENT USED FOR INDIRECT HEATING
A. General Provisions
1. This Regulation III applies to installations in which fuel is
burned for the primary purpose of producing steam, hot water,
or hot air or other indirect heating of liquids, gases, or
solids and, in the course of doing so, the products of combustion
do not come into direct contact with process materials. Fuels
include those such as coal, coke, lignite, coke breeze, gas,
fuel oil, and wood, but do not include refuse. When any products
or by-products of a manufacturing process are burned for the
same purpose or in conjunction with any fuel, the same maximum
emission limitations shall apply.
2. The heat content of coal shall be determined according to ASTM
method D-271-64 "Laboratory Sampling and Analysis of Coal and
Coke" or ASTM method D-2015-66 "Gross Calorific Value of Solid
Fuel by the Adiabatic Bomb Calorimeter". The heat content of oil
shall be determined according to ASTM method D-240-64 "Heat of
Combustion of Liquid Hydrocarbons by Bomb Calorimeter". The
three publications cited in this Subsection A (2) are hereby
made part of the Regulation III by reference.
3. For purposes of this regulation III, the heat input shall be the
aggregate heat content of all fuels whose products of combustion
pass through a stack or stacks. The heat input value used shall
be the equipment manufacturer's or designer's guaranteed maxi-
mum input, whichever is greater. The total heat input of all
fuel burning units at a plant or on a premise shall be used for
determining the maximum allowable amount of particulate matter
which may be emitted.
4. The amount of particulate matter emitted shall be measured accord-
ing to the American Society of Mechanical Engineers Power Test
Codes -- PTC-27 dated 1957 and entitled "Determining Dust
Concentration in a Gas Stream," which publication is made a part
of this Regulation III by reference. Any other method which is
in accordance with good professional practice may be used by
mutual consent of the source operator and the Executive Secretary.
B. Emission Limitations
No person may cause, allow or permit the emission of particulate matter
in excess of that specified in the following schedule (see Graph I which
is included for illustrative purposes only):
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1. 0.60 pounds for each million BTU per hour input if the equip-
ment has a capacity rating of 10 million or less. If the
capacity rating of the fuel burning equipment is more than
10 million, the amount of particulate matter which may be
emitted for each million BTU input shall decrease as the
capacity rating of the fuel burning equipment increases, as
fol1ows:
a. no more than 0.41 pounds for each million BTU input from
equipment having a capacity rating of 50 million;
b. no more than 0.35 pounds for each million BTU input from
equipment having a capacity rating of 100 million;
c. no more than 0.24 pounds for each million BTU input from
equipment having a capacity rating of 500 million;
d. no more than 0.21 pounds for each million BTU input from
equipment having a capacity rating of 1,000 million;
e. no more than 0.17 pounds for each million BTU input from
equipment having a capacity rating of 2,000 million;
f. no more than 0.14 pounds for each million BTU input from
equipment having a capacity rating of 5,000 million;
g. no more than 0.13 pounds for each million BTU input from
equipment having a capacity rating of 7,5000 million;
h. no more than 0.12 pounds for each million BTU input from
equipment having a capacity rating of 10,000 million or more.
The amount of particulate matter which may be emitted from fuel burning
equipment having an intermediate capacity rating shall be determined
either by linear interpolation, or by use of the following equation:
log Y=0.2330 log X- 2.0111
where X represents each million BTU input, and Y represents the allow-
able pounds of emissions.
C. Compliance with the provisions of this Regulation III shall
not be determined during periods when a new fire is being built,
during start-up, change of load, fuel or other operating
conditions, during an operational breakdown or other emergency
conditions, while air pollution control equipment is being cleaned
or repaired, or during sootblowing, but shall be determined during
steady-state conditions.
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D. The operator of equipment used for indirect heating in any plant
may, at his option, elect to eliminate, for the purpose of deter-
mining compliance with the provisions of this Regulation III,
any fuel burning units normally scheduled to operate less than
1,500 hours per year, provided such units are equipped with air
pollution control equipment having a collection efficiency of
not less than 85%, in which case such units shall be deemed to
comply with the provisions of this Regulation III and in any
multiple unit plant shall be treated as a separate installation
from other units in such plant. The Executive Secretary may
require such operator to submit proposed operating schedules of
such units in advance and reports of actual operating schedules
for any year.
(50.1) Regulation IV PREVENTING PARTICULATE MATTER FROM BECOMING AIRBORNE
A. No person may cause or permit the handling or transporting or
storage of any material in a manner which allows or may allow
particulate matter to become airborne in such quantities and
concentrations that it remains visible in the ambient air beyond
the premises where it originates or that its presence may be
found beyond the premises where it originates and that it has
particulate matter shown to be larger than forty (40) microns
in size. The size of the particulate matter shall be determined
by microscopy or any other technique approved by the Executive
Secretary and proven to be equally accurate.
B. No person may cause or permit a building or its appurtenances
or a road, or a driveway, or an open area to be constructed, used,
repaired or demolished without applying all such reasonable
measures as may be required or prevent particulate matter from
becoming airborne so that it remains visible beyond the premises
where it originates or that its presence may be found beyond
the premises where it originates. The Executive Secretary may
require such reasonable measures as may be necessary 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; application
of water, and the planting and maintenance of vegetative ground
cover. This Section B shall not apply to agricultural operations
including tillage, planting, cultivating, or harvesting within
a field, the moving of livestock on foot, or the hauling of
produce within the confines of a farm.
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GRAPH I
LIMITATIONS ON EMISSION OF PARTICULATE MATTER
FROM FUEL BURNING INSTALLATIONS
tx.
o
=> o:
CL LJJ
Z Q.
CC CO
Lkl
X U.
O
MAXIMUM ALLOWABLE PARTICULATE EMISSION
POUNDS PARTICULATE PER MILLION BTU HEAT INPUT
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C. Property-line Standard Limitations for Participate Matter
Becoming Airborne
No person shall cause, suffer, or permit the emission of any
particulate matter so as to cause concentrations or participate
matter at any inhabited place to exceed any one of the following;
1. Suspended particulates 80 micrograms/m3
(High-Volume Sampler) 200 micrograms/m3
2. Soiling Index
(AISI Paper tape
sampler)
0.4Coh/1000
lineal feet
l.OCoh/1000
lineal feet
6-month geometric
mean
2-hour arithmetic
average for not less
than five two-hour
sampling periods
within any one year.
No more than 3 samples
shall be taken during
any 24-hour period
6-month geometric mean
8-hour arithmetic
average
(50.1.2) Regulation V RESTRICTION OF EMISSION OF VISIBLE AIR CONTAMINANTS
A. Restrictions Applicable to Existing Installations
No person may discharge into the ambient air from any single existing
source of emission whatsoever any air contaminant a) of a shade or
density equal to or darker than that designated as No. 2 on the
Ringelmann Chart, or b) of such opacity as to obscure an observer's
view to a degree equal to or greater than does smoke designated as
No. 2 on the Ringelmann Chart. This Section A shall not apply to
existing incinerators.
B. Restrictions Applicable to New Installations and All Incinerators
No person may discharge into the ambient air from any single new
source of emission whatsoever, nor from any incinerator, new or existing,
any air contaminant a) of a shade or density equal to or darker than
that designated as No. 1 on the Ringelmann Chart, or b) of such opacity
as to obscure an observer's view to a degree equal to or greater than
does smoke designated as No. 1 on the Ringelmann Chart.
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C. Exceptions
1. A person may discharge into the ambient air from any single
source of emission for a period or periods aggregating not
more than six minutes in any sixty minutes air contaminants
a) of a shade or density not equal to nor darker than No.3
on the Ringelmann Chart, or b) of such opacity as to obscure
an observer's view to a degree not equal to nor greater than
does smoke designated as No. 3 on the Ringelmann Chart.
For the purposes of this Subsection C (1) the Executive
Secretary may for a specific source and for special conditions
approve any other schedule.
2. Where the presence of uncombined water is the only reason
for failure of an emission to meet the requirements of Section
A or B of this Regulation V, such Sections shall not apply.
3. The provisions of Section A of this Regulation V shall not
apply to the following:
a. Transfer to molten metals
b. Emissions from transfer ladles
c. Existing grey iron jobbing cupolas as defined in Regulation
II.
4. This Regulation V shall not apply during emergency conditions,
provided that the Executive Secretary is notified, or to the
following:
a. Internal combustion engines, including jet aircraft
engines, except as provided in Regulation VII.
b. Wood burning stoves or fireplaces in dwellings
c. Fires used for recreational purposes or fires used for
the non-commercial preparation of food by barbecuing
d. Fire used solely for the purpose of training firemen
e. Smoke generators used for training air pollution control
inspectors
5. This Section C shall not apply to incinerators.
D. Method of Measurement
The Ringelmann Chart shall be the standard in grading the shade or
opacity of visible air contaminant emissions. The Executive Secretary
may with the consent of the source operator employ any other means of
measurement which give comparable results or results of greater accuracy.
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(50.6) Regulation VI RESTRICTION OF EMISSION OF ODORS
No person may cause, permit or allow the emission of odorous matter
in such concentrations and frequencies or for such durations that such
odor can be perceived when one (1) volume of odorous air is diluted with
seven (7) volumes of odor-free air for two (2) separate trials not
less than 15 minutes apart within the period of one (1) hour.
These measurements may be made with a Scentometer as manufactured by
the Barnebey-Cheney Company or by a similar technique that will give
equivalent results, as agreed to at the time by the source operator
and the Executive Secretary.
Bo:?.2) Regulation VII EMISSION OF VISIBLE AIR CONTAMINANTS FROM INTERNAL
COMBUSTION ENGINES
A. No person may cause or permit the emission of visible air contami-
nants in excess of the amounts specified in Regulation V, Section
A, of these regulations from the internal combustion engine of:
1. Portable or stationary equipment for longer than 10 consecutive
seconds; or
2. A motor vehicle while the vehicle is stationary for longer
than 10 seconds; or
3. A motor vehicle after the vehicle has moved more than 100
yards from a place where the vehicle was stationary.
4. This Regulation VII shall not apply when the presence of
uncombined water is the only reason for the failure of an
emission to meet the requirements of this Regulation VII.
B. Exceptions
The provisions of this Regulation VII shall not apply to jet or other
aircraft engines.
(51.9) Regulation VIII INCINERATORS
A. General Provisions
1. This
Regulation VIII shall apply to all incinerators except
those situated on residential premises and used exclusively
to dispose of refuse originating on the same premises, provided
that the total number of dwelling units on that premises does
not exceed four.
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2. The burning capacity of an incinerator shall be the manufacturer's
or designer's guaranteed maximum rate or such other rate as may
be determined by the Executive. Secretary in accordance with good
engineering practice. In case of conflict, the findings of the
Executive Secretary shall govern.
3. No incinerator shall be used for the burning of refuse unless such
incinerator is a multiple chamber incinerator. Existing incinerators
which are not multiple chamber incinerators may be altered, modified
or rebuilt as may be necessary to meet this requirement. The
Executive Secretary may approve any other alteration or modification
to an existing incinerator if such be found by him to be equally
effective for the purpose of air pollution control as a modification
or alteration which would result in a multiple chamber incinerator.
All new incinerators shall be multiple chamber incinerators,
provided that the Executive Secretary shall approve any other
kind of incinerator if it can be shown in advance of construction
or installation that such other kind of incinerator is equally
effective for purposes of air pollution control as an approved
multiple chamber incinerator.
4. Within thirty (30) days after the date on which construction of
an incinerator is completed, the operator shall file a request with
the Executive Secretary to schedule the performance tests provided
in Section C of this Regulation VIII. If the results of the
performance tests indicate that the incinerator is not operating in
compliance with Section B of this Regulation VIII, no person may
cause or permit further operation of the incinerator, except for
additional tests as outlined in Section C of this Regulation VIII,
until approval is received from the Executive Secretary.
6. Restriction of Emissions from Incinerators.
1. No person may cause or permit the emission of particulate matter
from the chimney, stack or vent of any incinerator in excess of
the following:
a. Incinerators with a refuse burning capacity of 200 or more
pounds per hour: 0.2 grains of particulate matter per
standard dry cubic foot of exhaust gas, corrected to 12
percent (12%) carbon dioxide.
b. All other incinerators: 0.3 grains of particulate matter
per standard dry cubic foot of exhaust gas, corrected to
12 percent (12%) carbon dioxide.
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2. All incinerators shall be designed and operated so that all
gases, vapors and entrained effluents shall, while passing
through the final combustion chamber, be maintained at a
temperature adequate to prevent the emission of objectionable
odors. Provided, however, that the Executive Secretary shall
approve any other method of odor control which is equally
effective.
C. Performance Testing
1. Refuse burned in conjunction with the performance tests
specified in this regulation shall be a representative sample
of the refuse normally generated by the operation which the
incinerator is intended to serve.
2. The amount of particulate matter emitted from any incinerator
shall be determined according to the American Society of
Mechanical Engineers Power Test code - PTC-27 dated 1957
and entitled "Determining Dust Concentration in a Gas Stream".
This publication is hereby made a part of this Regulation VIII
by reference. Any other method which is in accordance with
good professional practice may be used by mutual consent of
the source operator and the Executive Secretary. In calculating
the amount of particulate matter in stack qas, the loading shall
be adjusted to twelve percent (12%) carbon dioxide in the
stack gas. The carbon dioxide produced by burning of the
liquid or gaseous fuel in the incinerator shall be excluded
from the calculation to twelve percent (12%) carbon dioxide.
Emissions shall be measured when the incinerator is operating
at the burning capacity as defined in Section A (2) of this
Regulation VIII, or at any greater operating rate requested
by the source operator.
3. A performance test to determine compliance with the Ringelmann
requirements specified in Regulation V of these regulations shall
be performed by the Executive Secretary or his designated
representative on each new incinerator, and each existing
incinerator modified or rebuilt according to the schedule
outlined in Section D of this Regulation VIII.
4. The performance test specified in Subsection C (2) of this
Regulation VIII may be required on any incinerator, and shall
be required for each new incinerator having a burning capacity
of 1,000 pounds per hour or greater. The initial performance
rest shall be performed at the expense of the vendor or operator
by an independent testing organization or by any other qualified
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person subject to the approval of the Executive Secretary.
The performance test may be observed by the Executive Secretary
or his designated representative.
D. Compliance Schedule for Existing Incinerators
Existing incinerators which are not multiple chamber incinerators
and do not otherwise meet the requirements of Section 8 of this Regula-
tion VIII shall be modified or rebuilt in compliance with this Section
in accordance with the following schedule:
Rated Capacity Latest Date for Compliance
1,000 Ibs/hr or above 12 months from the effective date
of this regulation
999 Ibs/hr or less 18 months from the effective date
of this regulation
(51.13) Regulation IX OPEN BURNING RESTRICTIONS
A. Refuse Burning Restrictions
On and after May 1, 1969 no person may conduct, cause, permit, or allow
open burning of refuse.
B. Prohibitions of Salvage Operations by Open Burning
On and after 90 days from the effective date of this Regulation IX, no
person may conduct, cause, permit, or allow a salvage operation by open
burning.
C. Restrictions on Open Burning of Trade Wastes
On and after 180 days from the effective date of this Regulation IX no
person may conduct, cause, permit, or allow the disposal of trade
wastes by open burning.
D. Exceptions
1. Open burning of household refuse originating from a residence of
fewer than five dwelling units shall not be in violation of
Section A of this Regulation IX, provided that such burning
takes place on the premise where the refuse originates, and
provided further that such burning takes place either a)
within an area zoned for agricultural purposes, or b) outside
that portion of the metropolitan area surrounded by the
corporate limits of Kansas City and every contiguous municipalty.
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2. The open burning of trade wastes and vegetation may be permitted
only when it can be shown that such open burning is the only
feasible method of disposal and that disposal is in the public
interest. Any person intending to engage in such open burning
shall file a request to do so with the Executive Secretary.
The application shall state the following:
a. The name, address, and telephone number of the person sub-
mitting the application.
b. The type of business or activity involved.
c. A description of the proposed equipment and operating
practices, the type, quantity, and composition of material
to be burned, and the expected composition and amount of
air contaminants to be released to the atmosphere, where
known.
d. The schedule of burning operations.
e. The exact location where the open burning will occur.
f. Reasons why open burning is the only feasible method of
disposal and why disposal is in the public interest.
g. Evidence that the proposed open burning has been approved by
the fire control authority which has jurisdiction. Upon
approval of the application by the Executive Secretary, the
person may proceed with the operation without being in
violation of Section A or C of this Regulation IX, but
such approval shall not exempt the applicant from the pro-
visions of any other law, ordinance or regulation.
3. The open burning of tree trunks, tree limbs, vegetation, or
untreated waste lumber shall not be a violation of this Regu-
lation IX when such burning takes palce at the site of a
disposal area licensed for that purpose under the provisions
of Section 64.470, RSMo, or at any other site approved by the
Executive Secretary.
4. This Regulation IX shall not apply to the following:
a. Fires set in connection with agricultural operations related
to the growing or harvesting of crops.
b. Fires set for the purpose of instructing and training
firemen in the methods of fighting fires.
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c. The burning of gaseous trade wastes in refinery or industrial
chemical safety flares. Full smokeless-tip combustion,
steam addition, or other flare smoke control methods
approved by the Executive Secretary shall be used, and
emissions may not be of a shade or density equal to or
greater than #1 on the Ringelmann Chart.
d. Fires used for recreational purposes, or fires used for the
non-commercial preparation of food such as by barbecuing.
(2.0) Regulation X APPROVAL OF PLANNED INSTALLATIONS
A. Definitions:
1. Commenced - an owner or operator has undertaken a continuous
program of construction or modification or that an owner or
operator has entered into a binding agreement or contractual
obligation to undertake and complete, within a reasonable
time, a continuous program of construction or modification.
2. Construction - fabrication, erection, or installation.
3. Modification - any physical change in, or change in method of
operation of, an air contaminant source which increases the
amount of any air pollutant emitted by such source or which
results in the emission of any air pollutant not previously
emitted.
4. Startup - the setting in operation of a source for any purpose.
5. Owner or operator - any person who owns, leases, operates,
controls or supervises an air contaminant source.
B. General
1. No owner or operator shall commence construction or modification
of any air contaminant source after the effective date of this
regulation without first obtaining a permit from the Executive
Secretary.
2. Each application for a construction permit shall be accompanied
by site information, plans, descriptions, specifications, and
drawings showing the design of the source, the nature and amount
of emissions, and the manner in which it will be operated and
controlled.
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3. Any additional information, plans, specifications, evidence
or documentation that the Executive Secretary may require shall
be furnished upon request.
4. No permit to construct or modify shall be issued if it is
determined that the proposed source will prevent the attainment
or maintenance of ambient air quality standards, or violate
any of the regulations pursuant to Chapter 203, RSMo.
5. Upon receipt of an application, the Executive Secretary shall
act promptly, and shall notify the applicant in writing of his
approval, conditional approval, or denial of the application.
The Executive Secretary will set forth his reasons for any denial
6. The Executive Secretary may impose any reasonable conditions,
upon a permit, including conditions requiring the source to
be provided with:
a. Sampling ports of a suitable size, number and location,
b. Safe access to each port,
c. Instrumentation to monitor and record emission data, and
d. Other sampling and testing facilities.
7. A permit may be cancelled if construction or modification work
is not begun within two (2) years from the date of issuance,
or if work is suspended for one (1) year.
8. Any owner or operator subject to the provisions of this
regulations shall furnish the Executive Secretary written
notification as follows:
a. A notification of the anticipated date of initial startup
of source not more than 60 days or less than 30 days prior
to such date.
b. A notification of the actual date of initial startup of a
source within 15 days after such date.
9. Within 60 days after achieving the maximum production rate at
which the source will be operated, but not later than 180
days after initial startup of such source, the owner or operator
of such source shall conduct performance test(s) in accordance
with methods and under operating conditions approved by the
Executive Secretary and furnish the Executive Secretary a
written report of the results of such performance test.
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a. Such tests shall be at the expense of the owner or operator.
b. The Executive Secretary may monitor such tests and may also
conduct performance tests.
c. The owner or operator of a source shall provide the
Executive Secretary 15 days prior notice of the performance
test to afford the Executive Secretary the opportunity to
have an observer present.
10. Approval to construct shall not relieve any owner or operator
of the responsibility to comply with other local, state and
federal regulations.
C. Exception;;:
1. Fuel burning equipment which use gas or oil or grade #3 or
lighter for space heating, air conditioning, or heating water,
is used in a private dwelling; or has a heat input as specified
by the manufacturer or designer of less than 350,000 BTU's per
hour.
2. Mobile internal combustion engines.
3. The construction of a private residence.
4. Portable equipment including, but not limited to rock crushers,
asphalt plants, and concrete batching plants shall be exempted
from the requirements of this regulation after an initial permit
has been obtained, provided that:
a. Each new location is reported to the Executive Secretary
as early a possible, but in no case later than fourteen (14)
days prior to ground breaking or initial equipment erection.
b. The equipment that was originally approved, shall be
operated and maintained in a manner identical to that as
specified in the initial construction permit.
5. Planned periodic modification of air contaminant sources shall
be exempted from the requirements of this regulation, provided
that:
a. A prior permit has been obtained for all planned air
contaminant sources, and
b. Each modification be reported to the Executive Secretary
as soon as possible, and,
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c. The prior permit contains provisions for controlling emissions
from all probable air contaminant sources that may be expected
to come into existence as a result of the periodic modification,
6. Other sources of minor significance specified by the Executive
Secretary.
(9.0) Regulation X'l MEASUREMENT OF EMISSIONS OF AIR CONTAMINANTS
Executive Secretary May Make Tests
The Executive Secretary may conduct tests of emissions of air contaminants
from any source. Upon request of the Executive Secretary, the person
responsible for the source to be tested shall provide necessary holes
in stacks or ducts and such other safe and proper sampling and testing
facilities exclusive of instruments and sensing devices as may be
necessary for proper determination of the emission of air contaminants.
(3.0) Regulation XII SUBMISSION OF EMISSION INFORMATION
A. General Provisions
1. The owner or operator of any source shall, upon notification
from the Executive Secretary, maintain records of the nature
and amounts of emissions from such source and/or any other
information as may be deemed necessary by the Executive
Secretary to determine whether such source is in compliance
with applicable emission limitations or other control measures.
2. The information recorded shall be reported to the Executive
Secretary on a semiannual basis commencing with the first
full semiannual period after the Executive Secretary's noti-
fication to such owner or operator of the record-keeping
requirements. The semiannual periods are January 1 to June
30 and July 1 to December 31, except that the initial reporting
period shall commence on the date the Executive Secretary's
notification of the record-keeping requirements.
3. The records required by this regulation shall be completed on
forms furnished by or satisfactory to the Executive Secretary,
and shall be submitted within 45 days after the end of each
reporting period.
4. All information collected or recorded in accordance with the
provisions of this regulation shall be retained by the owner or
operator for two (2) years after the date on which the pertinent
report is submitted.
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(2.0) Regulation XIII CIRCUMVENTION
NO person shall cause or permit the installation or use of any device or
any means which, without resulting in reduction in the total amount of
air contaminant emitted, conceals or dilutes an emission of air contami-
nant which would otherwise violate an air pollution control regulation.
This regulation shall not apply when the only violation involved is
violation of a regulation based on concentration or presence of one or
more air contaminants at locations beyond the premises on which a
source or sources are located
(6.0) Regulation XIV TIME SCHEDULE FOR COMPLIANCE
Except as otherwise specified, compliance with the provisions of these
regulations shall be according to the following time schedule:
A. All new installations shall comply as of going into operation.
B. All existing installations not in compliance as of the effective
date of these regulations shall be in compliance within six months
of the effective date unless the owner or person responsible for
the operation of the installation shall have submitted to the
Executive Secretary in a form and manner satisfactory to him,
a program and schedule for achieving compliance, such program
and schedule to contain a date on or before which full compliance
will be attained, and such other information as the Executive
Secretary may require. If approved by the Executive Secretary,
such date will be the date on which the person shall comply.
The Executive Secretary may require persons submitting such program
to submit subsequent periodic reports on progress in achieving
compliance.
C. All other dates notwithstanding, all existing installations in
Buchanan County shall be in compliance with these regulations by
September 1, 1970, and January 1, 1971 for Regulation IV, unless the
owner or person responsible for the operation of the installation has
submitted to the Executive Secretary in a form and manner satisfactory
to him, a program and schedule for achieving compliance, such program
and schedule to contain a date on or before which full compliance will
be attained, and such other information as the Executive Secretary
may require. If approved by the Executive Secretary, such date will
be the date on which the person shall comply.
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(50.2) Regulation XV RESTRICTION OF EMISSION OF SULFUR COMPOUNDS
A. Emission of Sulfur Compounds in Certain Amounts and Manner Restricted
1.
2.
No person may cause or permit the emission of sulfur dioxide
from any premises in such manner and amounts that the concentra-
tions exceed those shown in the following table in the ambient
air at any occupied place beyond the premises on which the
source is located:
Concentration a Averaging Time
.25 ppm or more 1 hour
.07 ppm or more 24 hours
Maximum Allowable
Frequency
Once in any 4 days at
any sampling site.
Once in any 90 days at
any sampling site.
If the concentrations and frequencies specified in Subsection A
(1) of this Regulation XV are exceeded, each source which
contributes to such concentrations and frequencies, and which
emits 1,000 pounds or more of sulfur dioxide per hour shall
be required to reduce its emissions by an amount specified by
the Executive Secretary. Each source owner or operator shall
file an emission reduction plan within 90 days after the date
on which such requirement is made by the Executive Secretary.
The emission reduction plan shall include a description of the
process modifications, control equipment to be installed, or
other measures to be taken to comply with the emission reduction
required by the Executive Secretary. Implementation of the plan
shall take place within one year after the date on which the
plan is approved by the Executive Secretary.
(8.0) Regulation XVI
RULES FOR CONTROLLING EMISSIONS DURING PERIODS OF
HIGH AIR POLLUTION POTENTIAL
A. General Provisions
1. This regulation shall apply to all emissions from any source or
any premises.
2. It may apply to all or part of the metropolitan area depending
upon which pollutant fulfills the requirements of subsection
B. 2., below, and whether or not air sampling reveals only a
localized problem.
parts per million by volume
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B. Air Pollution Alerts and Emergencies
1. Alert and emergency level values are stated:
a. the product of the hourly sulfur dioxide concentration in
parts per million, and the hourly particulate concentration
in COH per 1,000 linear feet, or
b. the concentrations of SOo, CO, photochemical oxidants,
particulates in COHs, or N02-
The basis of reference for the State of Missouri data shall be:
Sulfur dioxide as measured by the continous modified West-Gaeke method
or any other method standardized against such; particulates as measured
by the automatic paper-tape sampler method, "ASTM Standard Method of
ciltered Deposit, D-1704-61"; carbon monoxide as measured by the infrared
spectophotometer method, MSA Bulletin No. 0705-10, Instrument Division,
Pittsburgh, Pennsylvania; photochemical oxidants as measured by "Analy-
tical Methods of the 'Intersociety Committee on Methods for Ambient Air
Sampling and Analyses', Health Laboratory Science, 1970".
2. Alert Value:
a. Yellow Alert value - any one of the following shall initiate
the Yellow Alert
1. Product reaching at 0.2 at any sampling station (24
hour average).
2. Sulfur dioxide concentration reaching 0.30 ppm at any
sampling station (24 hour average).
3. Photochemical oxidant concentration reaching 0.10 ppm
at any sampling station (1 hour average).
4. Carbon monoxide concentration reaching 15 ppm at any
sampling station (8 hour average).
5. Particulate concentration reaching 3 COHs (375 ug/m^)
at any sampling station (24 hour average).
6. N02 concentration reaching 0.6 ppm at any sampling
station (1 hour average) 0.15 ppm (24 hour average).
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b. Red Alert value - Any one of the following shall initate
the Red Alert:
1. Product reaching 0.8 at any sampling station (24 hour
average).
2. Sulfur dioxide concentration reaching 0.6 ppm at any
sampling station (24 hour average).
3. Photochemical oxidant concentration reaching 0.4 ppm
at any sampling station (1 hour average).
4. Carbon monoxide concentration reaching 30 ppm at any
sampling station ( 8 hour average).
5. Particulate concentration reaching 5 COHs (625 ug/m3)
at any sampling station (24 hour average).
6. N02 concentration reaching 1.2 ppm at any sampling
station (1 hour average) 0.3 ppm (24 hour average).
c. Emergency Alert value - Any one of the following shall
initiate an Emergency Alert:
1. Product reaching 1.2 at any sampling station (24 hour
average).
2. Sulfur dioxide concentration reaching 0.8 ppm at any
sampling station (24 hour average).
3. Photochemical oxidant concentration reaching 0.6 ppm
at any sampling station (1 hour average).
4. Carbon monoxide concentration reaching 40 ppm at any
sampling station (8 hour average).
5. Particulate concentration reaching 7 COHs (875 ug/m3)
at any sampling station (24 hour average).
6. N02 concentration reaching 1.6 ppm at any sampling
station (1 hour average) 0.4 ppm (24 hour average).
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C. Air Pollution Watch
1. Air Pollution Watch procedures shall be initiated by the
Executive Secretary upon receipt of a 36 hour high air
stagnation advisory from the National Severe Storms Administra-
tion, or the National Air Pollution Control Administration
for an area including all or part of the affected area.
2. The following watch procedured shall apply:
a. Notify the technical staff, the chairman, and members of
the Missouri Air Conservation Commission that Watch condi-
tions exist.
b. Notify all affected governmental control agencies that
Watch conditions exist, and the coordination of action
is required.
c. Increase the frequency of air monitoring at all sampling
stations which are not continuous at intervals not exceed-
ing 2 hours, with continual hourly review, at a central
location, if such equipment is available and it is deemed
necessary by the Executive Secretary.
d. Inform the general public through the news media that a
high air pollution potential exists, the area or areas
where high initial readings have been obtained from sampl-
ing, and encourage persons suffering from respiratory
ailments or heart conditions to take whatever precautions
are most appropriate.
e. Backyard incineration, including the open burning of leaves,
tree trimmings, garbage, and other refuse shall be prohibited
throughout the entire affected area.
f. All variances or permits allowing open burning shall be
temporarily rendered invalid for the duration of the high
air pollution potential.
g. Facilities which are sources of air contaminant emissions
and are required to file approved alert plans with the
Executive Secretary shall be notified that Watch conditions
exist. All such industries shall be requested to voluntarily
begin actions to reduce emissions of air contaminants from
their operations, consistent with the provisions of their
Yellow Alert plans. See Table I.
h. The Executive Secretary may request through the news media
that the use of automobiles be restricted to necessary
driving only.
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D. Yellow Alert
1. Yellow Alert procedures shall be initiated by the Executive
Secretary if an air stagnation advisory and/or the Yellow
Alert values are equalled or exceeded at any one sampling
station within the advisory area, unless there is a current
forecast of meteorological improvement within the next 24 hours.
2. The following Yellow Alert procedures shall apply:
a. Notify the technical staff, the chairman, and members of the
Missouri Air Conservation Commission that Yellow Alert
condition exist.
b. Notify all affected governmental control agencies that Yellow
Alert conditions exist, and the coordination of action is
required.
c. Notify all hospitals within the affected area that Yellow
Alert conditions exit.
d. Increase the frequency of air monitoring at all sampling
stations which are not continous at intervals not exceeding
1 hour, with continual hourly review at a central control
location, if such equipment is available and it is deemed
necessary by the Executive Secretary.
e. Inform the general public through the news media that a
Yellow Alert exists, the geographical area or areas where
the alert is applicable, the emission and type of source or
sources that initiated the alert, individual abatement
actions which will help alleviate the problem, and encourage
those with respirator ailments or heart conditions to take
the most appropriate and expedient precautions.
f. The Executive Secretary shall request very emphatically
through the news media that all unnecessary use of automo-
biles be restricted, and that all entertainment functions
and facilities be closed.
g. Facilities which are sources of air contaminant emissions
and are required to file approved alert plans with the
Executive Secretary for Yellow Alert conditions shall initiate
such plans upon notification by the Executive Secretary.
See Table I.
h. No open burning will be allowed anywhere within the affected
area.
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E. Red Alert
1. Red Alert procedures shall be initiated by the Executive
Secretary if the following requirements are met:
a. A 36 or 24-hour high air stagnation advisory is in effect
for all or part of the affected area.
b. The Red Alert values equalled or exceeded at any one
monitoring station within the area.
The Red Alert can also be initiated if:
a. The Red Alert value is equalled or exceeded as the arith-
metic mean for 12 consecutive hours, and an air stagnation
advisory
b. The Yellow Alert value is equalled or exceeded as the arith-
metic mean for 24 consecutive hours and a forecast of
stagnation for the following 12 hours is received.
2. The following Red Alert procedures shall apply:
a. Notify the technical staff, the chairman, and members of the
Missouri Air Conservation Commission that Red Alert conditions
exist.
.b. Notify all affected governmental control agencies that Red
Alert conditions exist and that coordination of action is
required.
c. Notify all hospitals within the affected area that Red Alert
conditions exist.
d. Increase, if necessary, the frequency of air monitoring
at all sampling stations which are not continuous at intervals
not exceeding 1 hour with continual hourly review at a central
control location.
e. Inform the general public through the news media that a Red
Alert exists, the geographical area or areas where the alert
is appicable, the emission and type of source or sources
that initiated the alert, individual abatement actions which
will help alleviate the problem, and encourage those with
respiratory ailments or heart conditions to take the most
appropriate and expedient precautions.
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f. Airlines operating within the Red Alert area shall be
notified that such conditions exist, and that a reduction of
flights out of the airport may be required.
g. Non-local vehicular traffic may be diverted around the Red
Alert area depending upon which pollutant or pollutants
caused the alert.
h. Local vehicular traffic shall through the news media be told
to avoid certain areas, and emphatically told to restrict
nonessential trips.
i. All incineration and open burning shall cease, regardless
of location.
j. Facilities which are sources of air contaminant emissions
and are required to file approved alert plans with the
Executive Secretary for Red Alert conditions shall initiate
such plans upon notification by the Executive Secretary.
See Table II.
F. Air Pollution Emergency
1. Emergency procedures shall be initiated by the Executive
Secretary, if the following requirements are met:
a. A 36 or 24- hour air stagnation advisory is in effect for
all or part of the affected area.
b. The air pollution emergency values are equalled or exceeded
at any one monitoring station.
The Air Pollution Emergency procedures can also be initiated if:
a. The air pollution emergency value is equalled or exceeded
as the arithmetic mean of 12 consecutive hours and a
forecast of stagnation for the following 12 hours is received,
or
b. The Red Alert is equalled or exceeded as the arithmetic
mean for 24 hours and a forecast of stagnation for the
following 12 hours is received, or
c. The Yellow Alert value is equalled or exceeded as the
arithmetic mean for 36 hours and a forecast of stagnation
for the following 12 hours is received.
2. The following Emergency Procedures shall apply:
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a. Notify the technical staff, the chairman, and members of
the Missouri Air Conservation Commission that an emergency
exists.
b. Notify all affected governmental control agencies that
an emergency exists, and that coordination of action is
required.
c. Notify all hospitals within the affected area that an
emergency exists, and to be so prepared.
d. Increase, if necessary, the frequency of air monitoring
at all sampling stations which are not continuous at
intervals not exceeding h hour with continual half-hour
review at a central control location.
e. Open burning and incineration shall cease throughout the
area.
f. Facilities which are sources of air contaminant emissions
and are required to have filed approved plans with the
Executive Secretary shall initiate such plans upon notifi-
cation by the Executive Secretary or his representative
that Air Pollution Emergency conditions exist. See Table III.
g. The use of motor vehicles is prohibited except in emergencies
with the approval of local or state police.
h. All manufacturing facilities except those listed in
F. 2. f. shall insititute such action as will result in
maximum reduction of air contaminants from their operations
by ceasing, curtailing, or postponing operations to the
extent possible without causing injury to persons or damage
to equipment.
i. All airplane flights originating within the area of the Air
Pollution Emergency shall be cancelled.
j. All places of employment described below shall immediately
cease operation during the Air Pollution Emergency:
Mining and Quarrying
Contract Construction Work
Wholesale Trade Establishments
Schools and Libraries
Governmental Agencies except those needed to administer
Air Pollution Alert Program and other essential agencies
determined by the Executive Secretary to be vital for public
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safety and welfare and needed to administer the provisions
of these regulations
Retail trade stores except those dealing primarily in sale
of food or pharmacies
Banks, real estate agencies, insurance offices and similar
businesses
Laundries, cleaners and dryers, beauty and barber shops
and photographic studios
Amusement and recreational service establishments such as
motion picture theaters
Automobile repair and automobile service garages
Advertising offices, consumer credit reporting, adjustment
and collection agencies, printing and duplicating services,
rental agencies and commercial testing laboratories
G. It should be made clear that an Air Pollution Watch, Yellow Alert,
Red Alert or Emergency can be declared on the basis of deteriorating
air quality alone; an air stagnation advisory need not be in effect.
The appropriate episode status should be declared by the Executive
Secretary when any monitoring site records ambient air quality below
that designated in the criteria.
The levels used to designate an Air Pollution Emergency are those
that pose an eminent and substantial endangerment to public health.
Because these levels should not be permitted to occur, an air
stagnation advisory should be declared when it appears that these
levels may be reached.
H. Termination of Alerts
When in the judgement of the Executive Secretary meteorological
conditions and pollutant concentrations are such to warrant dis-
continuance of any alert conditions, he shall notify the technical
staff, the chairman, and members of the Missouri Air Conservation
Commission that the alert has been discontinued, and issue a
public notice to that effect.
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TABLE I
YELLOW ALERT PLAN OBJECTIVES
Air Contaminant Source
Electric Power Generating
Facilities
Process Steam Generating
Facilities
Manufacturing industries of the
following (SIC) group designations
Paper and Allied Products
Industries-Group 26
Chemicals and Allied Products
Industries-Group 28
Petroleum Refining and Related
Industries-Group 29
Requirements^ for Plan
la. Reduction of emission by
utilization of fuels having
low ash and sulfur content.
b. Soot blowing and boiler
lancing to be allowed only
during periods of high
atmospheric turbulence
(12:00 PM.M to 4:00 P.M.)
c. Reduction of emissions by
diverting electric power
generation to facilities
outside of area for which
the alert is called.
2a. Reduction of emissions by
utilization of fuels having
low ash and sulfur content.
b. Soot blowing and boiler
lancing to be allowed only
during periods of high
atmospheric turbulence
(12:00 P.M. to 4:00 P.M.)
c. Reduction of steam load demands
consistent with continuing the
operation of the plant.
3a. Reduction of air contaminant
emissions by curtailing, post-
poning, or deferring production
and allied operations.
b. Stop all trade waste disposal
production which emit particles,
gases, vapors or malodorous sub-
stances including incineration.
c. Reduction of heat load demands
for processing to a minimum.
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4.
Stone, Glass, Clay and Concrete
Product Industries-Group 32
Primary Metals Industries
-Group 33
Grain Industries -Group 20
Other manufacturing facilities
required to submit alert plans
by the Executive Secretary.
4a,
5. Private, public and commercial
refuse disposal operations.
5a.
6. Transportation
6a,
Reduction of air contaminant
emissions by curtailing or
deferring production and allied
operations.
Stop all trade waste disposal
practices which emit particles,
gases, vapors or malodorous
substances including incinera-
tion.
Reduction of heat load demands
for processing to a minimum.
Stop all open burning including
disposal of diseased trees and
burning at fire fighting
schools, except as required
for disposal of hazardous
materials or other emergency
needs.
Operation of incinerators shall
be limited to the hours between
10:00 A.M. and 2:00 P.M.
The unnecessary operation of
any motor vehicle should be
restricted.
TABLE II
RED ALERT PLAN OBJECTIVES
All Yellow Alert plans shall be continued. In addition, the following
steps shall be taken:
Air Contaminant Source
1. Process steam generating
facilities
Requirements for Plan
la. Maximum reduction of air
contaminant emissions by
utilization of fuels having
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4.
5.
Manufacturing industries of the
following SIC Group designations
Paper and Allied Products
Industries-Group 26
Chemical and Allied Products
Industries-Group 28
Petroleum Refining and Related
Industries-Group 29
Stone, Glciss, Clay and Concrete
Product Industries-Group 32
Primary Metals Industries
-Group 33
Grain Industries-Group 20
Other manufacturing facilities
required to submit alert plans
by the Executive Secretary.
Private, public and commercial
refuse disposal operations.
Transportation
the lowest ash and sulfur
content.
b. Maximum utilization of periods
of high atmospheric turbulence
(12:00 P.M. to 4:00 P.M.)
for soot blowing and boiler
lancing.
c. Prepare to implement the
"emergency" plan submitted
to the Executive Secretary.
2a. Maximum reduction of air
contaminant emission by, if
necessary, postponing pro-
duction and allied operations
b. Maximum reduction of heat load
demands for processing.
c. Prepare to implement the "emer-
gency" plan submitted to the
Executive Secretary.
3a. Maximum reduction of air
contaminant emissions by, if
necessary, postponing pro-
duction and allied operations,
4a. Stop operation of all
incinerators.
5a. Car pools and public trans-
portation must be used in
place of unnecessary motor
vehicle operation.
TABLE III
AIR POLLUTION EMERGENCY PLAN OBJECTIVES
Air Contaminant Source
Requirements for Plan
All Yellow and Red Alert plans shall be continued. In addition, the
following steps shall be taken:
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1. Process steam generating
facilities
la,
4.
Manufacturing industries of the
following SIC Group designations
Paper and Allied Products
Industries-Group 26
Chemicals and Allied Products
Industries-Group 28
Petroleum Refining and Related
Industries-Group 29
Stone, Glass, and Clay and
Concrete Product
Industries-Group 32
Primary Metal
Industries-Group 33
Grain Industries-Group 23
Other manufacturing facilities
required to submit alert plans
by the Executive Secretary.
2a,
3a.
Private, public and commercial
operations.
b.
4a.
Max-mum reduction of air
contaminant emissions by
reducing heat and steam load
demands to values consistent
with preventing equipment
damage.
Maximum utilization periods of
high atmospheric turbulence
(12:00 P.M. to 4:00 P.M.)
for soot blowing and boiler
lancing.
Elimination of air contaminant
emission from the manufacturing
operations by ceasing, curtail-
ing, postponing or deferring
production and allied operations
to the extent possible without
causing injury to persons or
damage to equipment.
Elimination of air contaminant
emissions from the manufactur-
ing operations by ceasing,
curtailing postponing or
deferring production and allied
operations to the extent
possible without causing
injury to persons or damage
to equipment.
Maximum reduction of heat load
demands for processing.
The following places of employ-
ment, if notified by the Execu-
tive Secretary, shall immedi-
ately cease operations:
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1. Mining and quarrying oper-
ations.
2. Construction projects except
as required to avoid emer-
gent physical harm.
3. Manufacturing establishments
except those required to
have in force an air pol-
lution alert plan.
4. Wholesale trade establish-
ments.
5. Governmental units, except
as required to implement
the provisions of these
regulations and other
operations essential to
immediate protection of
the public welfare and
safety.
6. Retail trade and service
establishments except
pharmacies, food stores
and other similar operations
providing for emergency
needs.
7. Other commercial service
operations such as those
engaged in banking, insur-
ance real estate, advertis-
ing, etc.
8. Educational institutions.
9. Amusement and recreational
facilities.
5. Transportation 5a. Motor vehicles shall only be
used for private and public
emergency needs.
(14.0) Regulation XVII PUBLIC AVAILABILITY OF EMISSION DATA
Emission data obtained from owners or operators of emission sources
will be correlated with applicable emission limitations and other
control measures, and will be made available to the public upon request.
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SPRINGFIELD-GREEN COUNTY REGULATIONS
1.0) Regulation I DEFINITIONS
A. As used in these regulations, except as otherwise specifically pro-
vided in such regulations, the following words shall have the mean-
ing ascribed to them in this regulation:
1. ASME-Amercian Society of Mechanical Engineers, 345 East 47th
Street, New York, New York.
2. ASTM-American Society for Testing and Materials, 1916 Race Street,
Philadelphia, Pennsylvania.
3. Existing-As applied to any equipment, machine, device, article,
contrivance, or installation, shall mean in being, Installed,
or under construction on September 24, 1969, except that if any
equipment, machine, device, article, contrivance or installation
is subsequently altered, repaired or rebuilt at a cost of 30
percent (30%) or more of its replacement cost exclusive of rou-
tine maintenance, it shall no longer be existing but shall be
considered new as defined in this regulation. The cost of in-
stalling equipment designed principally for the purpose of air
pollution control is not to be considered a cost of altering,
repairing or rebuilding existing equipment for the purpose of
this definition. Replacement of refractory lining in cupolas
shall be considered routine maintenance.
4. Incinerator-Any article, machine, equipment, contrivance, struc-
ture, by burning other than by open burning as defined herein.
5. Multiple chamber incinerator-Any incinerator used to dispose of
combustible refuse by burning, consisting of three or more
refractory lined combustion furnaces in series, physically
separated by refractory walls, interconnected by gas passage
ports or ducts and employing adequate design parameters neces-
sary for maximum combustion of the material to be burned, the
refractories having a Pyrometric Cone Equivalent of 31, tested
according to the method described in the American Society for
Testing and Materials, Method C-24-56.
6. New- As applied to any equipment, machine, device, article, or
contrivance or installation, shall mean not "existing" as de-
fined herein.
7. Open burning-The burning of any materials wherein air contami-
nants resulting from combustion are emitted directly into the
ambient air without passing through a stack or chimney from an
enclosed chamber. For the purpose of this definition, a chamber
shall be regarded as enclosed, when during the time combustion
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takes place, only such apertures, ducts, stacks, flues or chimneys
as are necessary to provide combustion air and to permit the escape
of exhaust gases are open.
8. Particulate matter-Any material, except uncombined water, that
exists in a finely divided form as a liquid or solid at standard
condi tions.
9. 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.
10. Refuse-Garbage, rubbish, trade wastes, leaves, salvageable
material, agricultural wastes, or other wastes.
11. Residual fuel oil-Fuel oil variously known as Bunker C, PS 400
and Number 6 as defined in ASTM D 396 487 (1959).
12. Ringelmann Chart-"Ringelmann's Scale for Grading the Density of
Smoke" as published in U.S. Bureau of Mines Information Circular
8333.
13. Salvage operation-Any business, trade, industry or other activity
conducted in whole or in part for the purpose of salvaging or
reclaiming any product or material.
14. Smoke-Small gas-borne particles resulting from combustion, con-
sisting of carbon, ash, and other material.
15. Source gas volume-The volume of gas arising from a process or
other source operation.
16. Source operation-The last operation preceding the emission of an
air contaminant, which operation (a) results in the separation
of the air contaminant from the process materials or in the con-
version of the process materials into air contaminants, as in the
case of combustion fuel; and (b) is not principally an air pol-
lution abatement operation.
17. Springfield-Greene County area-The geographical area contained
within Greene County.
18. Standard conditions-A gas temperature of 60 degrees Fahrenheit
and a gas pressure of 14.7 pounds per square inch absolute.
19. Trade waste-Solid, liquid or gaseous material resulting from
construction or the prosecution of any business, trade or ind-
ustry, or any demolition operation including, but not limited
to, plastics, cardboard cartons, grease, oil, chemicals or
cinders.
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(50.1.1) Regulation II RESTRICTION OF EMISSION OF PARTICIPATE MATTER
FROM INDUSTRIAL PROCESSES
A. General Provisions
1. This regulation applies to any operation, process, or activity
except the burning of fuel for indirect heating in which the
products of combustion do not come into direct contact with
process materials and except the burning of refuse and except
the processing of salvageable material by burning.
2. Process weight means the total weight of all materials into a
source operation, including solid fuels, but excluding liquids
and gases used solely as fuels, and excluding air introduced
for purposes of combustion.
Process weight rate means a rate established as follows:
a. For continuous or long-run steady-state source operations,
the total process weight for the entire period of continuous
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, the total process
weight for a period which covers a complete operation or
an integral number of cycles, divided by the hours of actual
process operation during such period.
Where the nature of any process or operation or the design
of any equipment is such as to permit more than one inter-
pretation of this section, that interpretation which results
in the minimum value for allowable emission shall apply.
3. Emission tests relating to this regulation shall be made follow-
ing the standards in Amercian Society of Mechanical Engineers
Power Test Codes-PTC-27 dated 1957 and entitled "Determining
Dust Concentration in A Gas Stream".
Any other method which is in accordance with good professional
practice may be used by mutual consent of the source operator
and the Executive Secretary.
B. Emission Limitations
1. Except as provided for in Subsection B (2) and Section C of this
Regulation II, no person shall cause, suffer, allow, or permit
the emission of particulate matter in any one hour from any source
in excess of the amount shown in Table 1 for the process weight
allocated to such source.
2. The limitations established by Subsection B (1) of this Regulation
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II shall not require the reduction of particulate matter concen-
tration specified in Table 2 for such volume; provided that, for
the purpose of this Subsection B (2) the person responsible for
. the emission may elect to substitute a volume determined accord-
ing to the provisions of Section B (3) of this Regulation II; and
provided further that the burden of showing the source g3S volume
or other volume substituted therefor, including all the factors
which determine such volume, shall be on the person seeking to
come within the provisions of this Section.
3. Any volume of gases passing through and leaving an air pollution
abatement operation may be substituted for the source gas volume
of the source operation served by such air pollution abatement
operation, for the purposes of Subsection B (2) of this Regulation
II provided such air pollution abatement operation emits no more
than 40 percent of the weight of particulate matter entering there-
to; and provided further that such substituted volume shall be
corrected to standard conditions and to a moisture content no
greater than that of any gas stream entering such ajr pollution
abatement operation.
4. Notwithstanding the provisions of Subsections B (1) and B (2) of
this Regulation II, no person may cause, allow or permit the emis-
sion of particulate matter from any source in a concentration in
excess of 0.30 grain per standard cubic foot of exhaust gas.
C. Exceptions
1. The provisions of Subsections B (1), B (2), B (3), and B (4)
of this Regulation II shall not apply to existing grey iron
cupolas which have a single melting cycle operated no more than
12 hours in any consecutive 24 hours and no more than 60 hours
in any consecutive 7 days.
a. All existing grey iron cupolas shall be equipped with gas
cleaning devices and so operated as to remove not less than
85% weight of all the particulate matter in the cupola dis-
charge gases, or release not more than 0.4 grain of parti-
culate matter per standard cubic foot of discharge gas, which-
ever is more stringent.
b. All gases, vapors, and gas entrained effluents from such
cupoUs shall be incinerated at a temperature not less than
1200° Fahrenheit for a period of not less than 0.3 seconds.
2,. The provisions of this Regulation II shall not apply to a process
during periods when a new fire is being built, during the start-
up of the operation, during an operational breakdown, or while
air Dollution control equipment is being cleaned or repaired.
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Table 1
Process Weight
Lb/Hr
100
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
Rate
Tons/Hr
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4.00
. 4.50
5.00
6.00
Rate of
Emission
Lb/Hr
0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
10.4
11.2
12.0
13.6
Process
Weight
Rate
Lb/Hr
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000
Tons/Hr
8.00
9.00
10.
15.
20.
25.
30.
35.
40.
45.
50.
60.
70.
80.
100.
500.
1,000.
3,000.
Rate of
Emission
Lb/Hr
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7
Interpolation of the data in this table for process weight rates up
to 60,000 Ib/hr shall be accomplished by use of the equation E =
4.10 pO-675 aruj interpolation and extrapolation of the data for process
weight rates in excess of 60,000 Ib/hr shall be accomplished by use of
the equation:
E=55.0 P
,0.11
-40, where E= rate of emission in Ib/hr and
Psprocess weight rate in tons/hr.
Table 2
Source Gas
Volume. SCFMt
Concentration
GR/SCFf
Source Gas
Volume. SCFMT
Concentration
GR/SCFf
7,000
or less
8,000
9,000
10,000
20,000
30,000
40,000
0.100
0.096
0.092
0.089
0.071
0.062
0.057
140,000
160,000
180,000
200,000
300,000
400,000
500,000
600,000
0.038
0.036
0.035
0.034
0.030
0.027
0.025
0.024
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Table 2 Continued
Source Gas Concentration Source Gas Concentration
Volume. SCFM* GR/SCFF Volume . SCFM f GR/SCF*
50,000
60,000
0.053
0.050
800,000
0.021
1,000,000 0.020
80,000 0.045 or more
100,000 0.042
120,000 0.040
t Standard cubic foot per minute
tGrain per standard cubic foot
(51.5) Regulation III MAXIMUM ALLOWABLE EMISSION OF PARTICIPATE MATTER FROM
FUEL BURNING EQUIPMENT USED FOR INDIRECT HEATING
A. General Provisions
1. This Regulation III applies to installations in which fuel is
burned for the primary purpose of producing steam, hot water,
or hot air or other indirect heating of liquids, gases, or
solids and, in the course of doing so, the products of combus-
tion do not come into direct contact with process materials.
Fuels include those such as coal, coke, lignite, coke breeze,
gas, fuel oil, and wood, but do not include refuse. When any
products or by-products of a manufacturing process are burned
for the same purpose or in conjunction with any fuel, the same
maximum emission limitations shall apply.
2. 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". The heat content of
oil shall be determined according to ASTM method D-240-64 "Heat
of Combustion of Liquid Hydrocarbons by Bomb Calorimeter". The
three publications cited in this Subsection A (2) are hereby
made part of this Regulation III by reference.
3. For purposes of this Regulation III, the heat input shall be the
aggregate heat content of all fuels whose products of combustion
pass through a stack or stacks. The heat input value used shall
be the equipment manufacturer's or designer's guaranteed maximum
input, whichever is greater. The total heat input of all fuel
burning units at a plant or on a premise shall be used for de-
termining the maximum allowable amount of particulate matter which
may be emitted.
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4. The amount of participate matter emitted shall be measured accord-
ing to the American Society of Mechanical Engineers Power Test
Codes-PTC-27 dated 1957 and entitled "Determining Dust Concentra-
tion in a Gas Stream", which publication is made a part of this
Regulation I'll by reference. Any other method which is in accord-
ance with good professional practice may be used by mutual consent
of the source operator and the Executive Secretary.
B. Emission Limitations
No person may cause, allow or permit the emission of particulate matter
in excess of that specified in the following schedule (see Graph I
which is included for illustrative purposes only):
1. 0.60 pounds for each million BTU per hour input if the equipment
has a capacity rating of 10 million or less. If the capacity
rating of the fuel burning equipment is more than 10 million, the
amount of particulate matter which may be emitted for each million
BTU input shall decrease as the capacity rating of the fuel burn-
ing equipment increases, as follows:
.a. no more than 0.41 pounds for each million BTU input from
equipment having a capacity rating of 50 million;
b. no more than 0.35 pounds for each million BTU input from
equipment having a capacity rating of 100 million;
c. no more than 0.24 pounds for each million BTU input from
equipment having a capacity rating of 500 million;
d. no more than 0.21 pounds for each million BTU input from
equipment having a capacity rating of 1,000 million;
e. no more than 0.17 pounds for each million BTU input from
equipment having a capacity rating of 2,000 million;
f. no more than 0.14 pounds for each million BTU input from
equipment having a capacity rating of 5,000 million;
g. no more than 0.13 pounds for each million BTU input from
equipment having a capacity rating of 7,500 million;
h. no more than 0.12 pounds for each million BTU input from
equipment having a capacity rating of 10,000 million or more.
The amount of particulate matter which may be emitted from fuel
burning equipment having an intermediate capacity rating shall
be determined either by linear interpolation, or by use of the
following equation:
log Y = 0.2330 log X - 2.0111
where X represents each million BTU input, and Y represents the
allowable pounds of emissions.
C. Compliance with the provisions of the Regulation III shall not be
determined during periods when a new fire is being built, during
start-up, change of load, fuel or other operating conditions, during
an operational breakdown or other emergency conditions, while air
pollution control equipment is being cleaned or repaired, or during
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I
ro
i
0.10
O.W
MAXIMUM ALLOWABLE PARTICIPATE EMISSION -
POUNDS PARTICIPATE PER MIUION BTU HEAT INPUT
1.0
- 030
OJO
OJO
0.12
0.10
500
1,000
5.000
10.000
30.000
TOTAL HEAT INPUT - MILLIONS OF B1U KR HOUR
Limitations on •minion of particular matter from fu*t burning intwIUfa
0*APt< I
-------
sootblowing, but shall be determined during steady-state conditions.
(50.1) Regulation IV PREVENTING PARTICULATE MATTER FROM BECOMING AIR-BORNE
A. No person may cause or permit the handling or transporting or stor-
age of any material in a manner which allows or may allow particu-
late matter to become air-borne in such quantities and concentrations
that it remains visible in the ambient air beyond the premises where
it originates and which results in at least one complaint being filed
with the Executive Secretary.
B. No person may cause or permit a building or its appurtenances or
a road, or a driveway, or an open area to be constructed, used, re-
paired or demolished without applying all such reasonable measures
as may be required to prevent particulate matter from becoming air-
borne so that it remains visible beyond the premises where it ori-
ginates. The Executive Secretary may require as a result of a com-
plaint such reasonable measures as may be necessary to prevent par-
ti cul ate matter from becoming air-borne including but not limited
to paving or frequent cleaning of roads, driveways and parking lots;
application of dust-free surfaces; application of water; and the
planting and maintenance of vegetative ground cover.
C. Exceptions - Regulation IV shall not apply to the following:
1. Public roads
2. Agricultural operations including tilling, planting, cultivating,
or harvesting within a field, the moving of livestock on foot,
or the hauling of produce within the confines of a farm.
3. Driveways limited to residential use.
(50.1.2) Regulation V RESTRICTIONS OF EMISSION OF VISIBLE AIR CONTAMINANTS
A. Restrictions Applicable to Existing Installations
No person may discharge into the ambient air from any single existing
source of emission whatsoever any air contaminant a) of a shade or
density equal to or darker than that designated as No. 2 on the Ring-
elmann Chart, or b) of such opacity as to obscure an observer's view
to a degree equal to or greater than does smoke designated as No. 2
on the Ringelmann Chart.
B. Restrictions Applicable to New Installations
No person may discharge into the air from any single new source of
emission whatsoever, any air contaminant a) of a shade or density
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equal to or darker than that designated as No. 1 on the Ringelmann
Chart, or b) of such opacity as to obscure an observer's view to a
degree equal to or greater than does smoke designated as No. 1 on
the Ringelmann Chart.
C. Exceptions
1. A person may discharge into the ambient air from any single
source of emission for a period or periods aggregating not
more than six minutes in any sixty minutes air contaminants
a) of a shade or density not equal to nor darker than No. 3
on the Ringelmann Chart, or b) of such opacity as to obscure
an observer's view to a degree not equal to nor greater than
does smoke designated as No. 3 on the Ringelmann Chart.
For the purposes of this Subsection C (1) the Executive Sec-
retary may for a specific source and for special conditions
approve any other schedule.
2. Where the presence of uncombined water is the only reason for
failure of an emission to meet the requirements of Section A
or B of this Regulation V, such Sections shall not apply.
3. The provisions of Section A of this Regulation V shall not
apply to the following:
a. Transfer of molten metals
b. Emissions from transfer ladles
c. Existing grey iron cupolas as defined in Regulation II.
4. This Regulation V shall not apply during emergency conditions,
provided that the Executive Secretary is notified, or to the
following:
a. Internal combustion engines
b. Wood burning stoves or fireplaces in dwellings
c. Fires used for recreational purposes or fires used for the
non-commercial preparation of food by barbecuing
d. Fires used solely for the purpose of training firemen
e. Smoke generators used for training air pollution control
inspectors.
5. This Section C shall not apply to incinerators.
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D. Method of Measurement
The Ringelmann Chart shall be the standard in grading the shade or
opacity of visible air contaminant emissions. The Executive Sec-
retary may with the consent of the source operator employ any other
means of measurement which give comparable results or results of
greater accuracy.
(50.6) Regulation VI RESTRICTION OF EMISSION OF ODORS
No person may cause, permit or allow the emission of odorous matter in
such concentrations and frequencies or for such durations that such
odor can be preceived when one (1) volume of odorous air is diluted
with seven (7) volumes of odor-free air for two (2) separate trials
not less than 15 minutes apart within the period of one (1) hour.
These measurements may be made with a Scentometer as manufactured by
the Barnebey-Cheney Company or by a similar technique that will give
equivalent results, as agreed to at the time by the source operator
and the Executive Secretary.
(51.9) Regulation VII INCINERATORS
A. General Provisions
1. This Regulation VII shall apply to all incinerators except
those situated on residential premises in the area zoned A-l
Agricultural District and used exclusively to dispose of refuse
originating on that same premises.
2. The burning capacity of an incinerator shall be the manufac-
turer's or designer's guaranteed maximum rate or such other
rate as may be determined by the Executive Secretary in accord-
ance with good engineering practice. In case of conflict, the
findings of the Executive Secretary shall govern.
3. No incinerator shall be used for the burning of refuse unless
such incinerator is a multiple chamber incinerator. Existing
incinerators which are not multiple chamber incinerators may be
altered, modified or rebuilt as may be necessary to meet this
requirement. The Executive Secretary may approve any other
alteration or modification to an existing incinerator if such
be found by him to be equally effective for the purpose of air
pollution control as a modification or alteration which would
result in a multiple chamber incinerator. All new incinerators
shall be multiple chamber incinerators, provided that the
Executive Secretary shall approve any other kind of incinerator
if it can be shown in advance of construction or installation
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that such other kind of incinerator is equally effective for
purposes of air pollution control as an approved multiple
chamber incinerator.
Within thirty (30) days after the date on which construction
of an incinerator is completed, the operator shall file a request
with the Executive Secretary to schedule the performance tests
provided in Section C of this Regulation VII. If the results
of the performance tests indicate that the incinerator is not
operating in compliance with Section B of this Regulation VII,
no person may cause or permit further operation of the incinera-
tor, except for additional tests as outlined in Section C of
this Regulation VII, until approval is received from the Execu-
tive Secretary.
B. Restriction of Emissions from Incinerators
1. No person may cause or permit the emission of particulate matter
from the chimney, stack or vent of any incinerator in excess of
the following:
a. Incinerators with a refuse burning capacity of 200 or more
pounds per hour: 0.2 grains of particulate matter per
standard dry cubic foot of exhaust gas, corrected to 12
percent (12%) carbon dioxide.
b. All other incinerators: 0.3 grains of particulate matter
per standard dry cubic foot of exhaust gas, corrected to
12 percent (12%) carbon dioxide.
2. All incinerators shall be designed and operated so that all
gases, vapors and entrained effluents shall, while passing
through the final combustion chamber, be maintained at a tem-
perature adequate to prevent the emission of objectionable
odors. Provided, however, that the Executive Secretary shall
approve any other method of odor control which is equally
effective.
C. Performance Testing
1. Refuse burned in conjunction with the performance tests speci-
fied in this regulation shall be a representative sample of the
refuse normally generated by the operation which the incinerator
is intended to serve.
2. The amount of particulate matter emitted from any incinerator
shall be determined according to the American Society of Mechan-
ical Engineers Power Test Codes - PTC-27 dated 1957 and entitled
"Determining Dust Concentration in a Gas Stream". This publica-
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tion is hereby made a part of this Regulation VII by reference.
Any other method which is in accordance with good professional
practice may be used by mutual consent of the source operator
and the Executive Secretary. In calculating the amount of
particulate matter in stack gas, the loading shall be adjusted
to twelve percent (12%) carbon dioxide in the stack gas. The
carbon dioxide produced by burning of the liquid or gaseous
fuel in the incinerator shall be excluded from the calculation
to twelve percent (12%) carbon dioxide. Emissions shall be
measured when the incinerator is operating at the burning
capacity as defined in Section A (2) of this Regulation VII,
or at any greater operating rate requested by the source
operator.
3. A performance test to determine compliance with the Ringelmann
requirements specified in Regulation V of these regulations
shall be performed by the Executive Secretary or his designated
representative on
each new incinerator, and
each existing incinerator modified or rebuilt according
to the schedule outlined in Section D of this Regulation VII.
4. The performance test specified in Subsection C (2) of this Regu-
lation VII may be required on any incinerator, and shall be
required for each new incinerator having a burning capacity of
1,000 pounds per hour or greater. The initial performance test
shall be performed at the expense of the vendor or operator by
an independent testing organization or by any other qualified
person subject to the approval of the Executive Secretary. The
performance test may be observed by the Executive Secretary or
his designated representative.
D. Compliance Schedule for Existing Incinerators
Existing incinerators which are not multiple chamber incinerators
and do not otherwise meet the requirements of Section B of this
Regulation VII shall be modified or rebuilt in compliance with this
Section in accordance with the following schedule:
Rated Capacity Latest Date for Compliance
1,000 Ibs/hr or abcve 18 months from the effective date of this
regulation
999 Ibs/hr or less 30 months from the effective date of this
regulation
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(51.13) Regulation VIII OPEN BURNING RESTRICTIONS
A. Refuse Burning Restrictions
On and after January 1, 1970 no person may conduct, cause, permit,
or allow open burning of refuse.
B. Prohibition of Salvage Operations by Open Burning
On and after July 29, 1970 no person ma,y conduct, cause, permit,
or allow a salvage operation by open burning.
C. Restrictions on Open Burning of Trade Wastes
On and after January 13, 1970 no person may conduct, cause, permit,
or allow, the disposal of trade wastes by open burning.
D. Exceptions
1. Open burning of household refuse originating from a residence
of fewer than five dwelling units shall not be in violation of
Section A of this Regulation VIII, provided that such burning
takes place on the premises where the refuse originates, and
provided further that such burning takes place outside the cor-
porate limits of Springfield and only within areas zoned A-l,
Agricultural District.
2. The open burning of trade wastes and vegetation may be permitted
only when it can be shown that such open burning is the only
feasible method of disposal and that disposal is in the public
interest. Any person intending to engage in such open burning
shall file a request to do so with the Executive Secretary.
The application shall state the following:
a. The name, address, and telephone number of the person sub-
mitting the application.
b. The type of business or activity involved.
c. A description of the proposed equivalent and operating
practices, the type, quantity, and composition of material
to be burned, and the expected composition and amount of air
contaminants to be released to the atmosphere, where known.
d. The schedule of burning operations.
e. The exact location where the open burning will occur.
f. Reasons why open burning is the only feasible method of dis-
posal and why disposal is in the public interest.
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g. Evidence that the proposed open burning has been approved
by the fire control authority which has jurisdiction. Upon
approval of the application by the Executive Secretary, the
person may proceed with the operation without being in vio-
lation of Section A or C of this Regulation VIII, but such
approval shall not exempt the applicant from the provisions
of any other law, ordinance or regulation.
3. The open burning of tree trunks, tree limbs, vegetation, or
untreated waste lumber shall not be a violation of this Regula-
tion VIII, when such burning takes place at the site of a
disposal area licensed for that purpose under the provisions
of Section 64.470, RSMo, or at any other site approved by the
Executive Secretary.
4. This Regulation VIII shall not apply to the following:
a. Fires set in connection with agricultural operations related
to the growing or harvesting of crops.
b. Fires set for the purpose of instructing and training fire-
men in the methods of fighting fires.
c. Fires used for recreational purposes, or fires used for the
non-commercial preparation of food such as by barbecuing.
(2.0) Regulation IX APPROVAL OF PLANNED INSTALLATIONS REQUIRED
A. The building department or other office responsible in any political
subdivision within the metropolitan area shall not issue a permit
for the erection, construction, reconstruction, alteration or occu-
pancy of any building or structure when the plans and specifications
for such structure or occupancy include any fuel-burning or refuse-
burning device, or the occupancy of any building for industrial
purposes, until such plans and specifications have been submitted
to the Executive Secretary and approved by him within 60 days as
making adequate provisions for meeting the requirements of these
regulations.
B. The filing of plans and specifications with the Executive Secretary
shall not be required for any of the following:
1. Oil fired fuel-burning equipment burning No. 1 or No. 2 fuel
oil exclusively.
2. Gas fired fuel burning equipment.
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3. Solid fuel and residual fuel oil fired fuel burning equipment
when the maximum heat input from such fuel will not exceed
350,000 BTU per hour.
(9.0) Regulation X MEASUREMENT OF EMISSIONS OF AIR CONTAMINANTS
Executive Secretary May Make Tests
The Executive Secretary may conduct tests of emissions of air contami-
nants from any source. Upon request of the Executive Secretary, the
person responsible for the source to be tested shall provide necessary
holes in stacks or ducts and such other safe and proper sampling and
testing facilities exclusive of instruments and sensing devices as may
be necessary for proper determination of the emission of air contami-
nants.
(13.0) Regulation XI SUBMISSION OF EMISSION INFORMATION—AUTHORITY
The Executive Secretary may require the submission of information from
any or all potential sources for purposes of maintaining an emission
inventory.
(2.0) Regulation XII CIRCUMVENTION
No person shall cause or permit the installation or use of any device
or any means which, without resulting in reduction in the total amount
of air contaminant emitted, conceals or dilutes an emission of air
contaminant which would otherwise violate an air pollution control
regulation. This regulation shall not apply when the only violation
involved is violation of a regulation based on concentration or presence
of one or more air contaminants at locations beyond the premises on
which a source or sources are located.
(6.0) Regulation XIII TIME SCHEDULE FOR COMPLIANCE
Except as otherwise specified, compliance with the provisions of these
regulations shall be according to the following time schedule:
A. All new installations shall comply as of going into operation.
B. All existing installations not in compliance as of the effective
date of these regulations shall be in compliance within six months
of the effective date unless the owner or person responsible for
the operation of the installation shall have submitted to the Execu-
tive Secretary in a form and manner satisfactory to him, a program
and schedule for achieving compliance, such program and schedule
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to contain a date on or before which full compliance will be
attained, and such other information as the Executive Secretary
may require. If approved by the Executive Secretary, such date
will be the date on which the person shall comply.
The Executive Secretary may require persons submitting such program
to submit subsequent periodic reports on progress in achieving
compliance.
(50.2) Regulation XIV RESTRICTION OF EMISSION OF SULFUR COMPOUNDS
A. Definitions
The following definitions shall apply to this regulation:
1. ASME--American Society of Mechanical Engineers, 345 East 47th
Street, New York, New York.
2. ASTM—American Society for Testing and Materials, 1916 Race
Street, Philadelphia, Pennsylvania.
3. Existing—As applied to any equipment, machine, device, article,
contrivance or installation, shall mean in being, installed, or
under construction on February 24, 1971, except that if any
equipment, machine, device, article, contrivance or installa-
tion is subsequently altered, repaired or rebuilt at a cost of
30 percent (30%) or more of its replacement cost exclusive of
routine maintenance, it shall no longer be existing but shall
be considered new as defined in this regulation. The cost of
installing equipment designed principally for the purpose of
air pollution control is not to be considered a cost of alter-
ing, repairing or rebuilding existing equipment for the purpose
of this definition.
4. New—As applied to any equipment, machine, device, article, or
contrivance or installation, shall mean not "existing" as
defined herein.
5. Particulate matter—Any material, except uncombined water, which
exists in a finely divided form as a liquid or solid at standard
conditions.
6. Residual fuel oil—Fuel oil variously known as Bunker C, PS 400
and Number 6 as defined in ASTM D 396 487 (1959).
7. Source operation—The last operation preceding the emission of
an air contaminant, which operation a) results in the separation
of the air contaminant from the process materials or in the con-
version of the process materials into air contaminants, as in
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the case of combustion fuel, and b) is not solely an air
pollution abatement operation.
8. Standard conditions—A gas temperature of 60 degrees Fahrenheit
and a gas pressure of 14.7 pounds per square inch absolute.
B. General Provisions
1. Section C of this regulation shall apply to all emissions
except those in which both
a. fuel is burned primarily to produce heat and
b. the sulfur compound emission is due primarily to the sulfur
in the fuel burned.
2. Sections D and E shall apply to all emissions from any source
or sources whatsoever.
3. The method of measuring sulfur trioxide and sulfuric acid or
any combination thereof in stack gases shall be:
Particulates (H2S04—Acid Mists)
"Atmospheric Emissions from Sulfuric Acid Manufacturing
Processes"
Ref. Public Health Service Publication 999-AP-13 (1965)
Appendix B, Page 61-6 (Modified Monsanto Co. Method)
Gaseous (S03-S02)
"Atmospheric Emissions from Sulfuric Acid Manufacturing
Processes"
Ref. Public Health Service Publication 999-AP-13 (1965)
Appendix B, Page 85-7 (Shell Development Co. Method)0
•a
Secondary reference for industrial emission sampling and analysis for
particulates (sulfuric acid—acid mists) W. F. Patton, J. A. Brink
"New Equipment and Techniques for Sampling Chemical Process Cases."
J. Air Pollution Control Association 13, 162-66 (April 1963).
Secondary reference for industrial emission sampling and analysis for
gases (sulfur trioxide and sulfur dioxide) "Determination of Sulfur
Dioxide and Sulfur Trioxide in Stack Gases," Emeryville Method Ser.
4S16/59a. Anal. Dept. Shell Development Co., Emeryville, California
(1959).
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4. The method of measuring hydrogen sulfide in the ambient
atmosphere shall be:
Lead-Acetate-Impregnated Filter Paper Procedure
Ref. Sensenbaugh, J. D. and Hemeon, W. C. L.: A Low
Cost Sampler for Measurement of Low Concentration of
Hydrogen Sulfide. Air Repair 4:5 (May 1954)
5. The method of measuring sulfur dioxide in stack gases shall be:
Gaseous (S03~S02)
"Atmospheric Emissions from Sulfuric Acid Manufacturing
Processes"
Ref. Public Health Service Publication 999-AP-13 (1965)
Appendix B, Page 85-7 (Shell Development Co. Method)
6. The method of measuring sulfur trioxide and sulfuric acid or
any combination thereof suspended in the ambient atmosphere
shall be:
Particulate (H2S04)
Ref. B. T. Commins, "Determination of Particulate Acid in
Town Air,"
Analyst, 88, 364-67 (May 1963)
7. The method of measuring sulfur dioxide in the ambient atmosphere
shall be:
Gaseous (S02) colorimetric
Ref. "Selected Methods for the Measurement of Air Pollutants"
Public Health Service Publication No. 999-AP-ll (May 1965)
"Determination of Sulfur Dioxide: West Gaeke Method"
Page Al-5
Gaseous (SCO conductimetric
Ref. "ASTM Standards on Methods of Atmospheric Sampling
and Analysis"
2nd edition, Method D 1355-60, Method A, Page 11
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8. Other test methods approved by the Executive Secretary may be
used. The publications describing methods of measurement
specified in this Section are hereby made a part of this regu-
lation by reference.
C. Concentration of Sulfur Compounds in Emissions Restricted
1. No person shall cause or permit the emission into the atmosphere
from any existing source specified in subsection B (1) of this
regulation, gases containing more than 2,000 parts per million
by volume of sulfur dioxide or 500 parts per million by volume
of sulfur dioxide from any new source.
2. No person shall cause or permit the emission into the atmosphere
from any source specified in subsection B (1) of this regula-
tion, gases containing more than 70 milligrams per cubic meter
of sulfuric acid or sulfur trioxide or any combination thereof
or 35 milligrams per cubic meter of sulfuric acid, sulfur
trioxide or any combination thereof from any new source (expres-
sed as sulfuric acid).
3. Existing sources shall be modified or rebuilt in compliance with
Section C of this Regulation XIV within nine (9) months of the
effective date of this regulation.
D. Emission of Sulfur Compounds in Certain Amounts and Manner Restricted
1. No person may cause or permit the emission of sulfur dioxide
from any source in excess of one thousand (1,000) pounds per
hour except when such emissions do not cause or contribute to
concentrations and frequencies exceeding those specified in
the following table in the ambient air at any occupied place
beyond the premises on which the source is located:
Concentration3 Averaging Time Maximum Allowable
Frequency
.25 ppm or more 1 hour Once in any 4 days at
any sampling site
.07 ppm or more 24 hour Once in any 90 days
at any sampling site
2. If the concentrations and frequencies in subsection D (1) of
this Regulation XIV are exceeded, the person responsible for
each source which causes or contributes to such concentrations
and frequencies and which emits more than one thousand (1,000)
aparts per million by volume
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3.
pounds per hour of sulfur dioxide shall file an emission
reduction plan with the Executive Secretary for approval.
Such a plan shall include a description of proposed process
modifications, change in fuel use, control equipment to be
installed, or any other methods which aid in the reduction
of the concentrations and frequencies in the ambient air
specified in subsection D (1). The approval and implementa-
tion of such a plan shall constitute compliance with this
Regulation XIV.
No person shall cause or permit the emission of sulfuric add
or sulfur trioxide or any combination thereof from any premises
in such manner and amounts that the concentrations and fre-
quencies attributable to such emission exceed those shown in
the following table in the ambient air at any place where
people live, work or congregate beyond the premises on which
the source is located.
Concentration of
sulfuric acid or
trioxide or any
combination thereof*
0.03 mg/m or more
0.01 mg/m or more
Averaging time
Maximum Allowable
Frequency
30 minutes or more Once in any 48
hours
24 hours
Once in any 90
days
*Milligrams per cubic meter at standard conditions, measured and
calculated as sulfuric acid.
4. No person shall cause or permit the emission of hydrogen sulfide
from any premises in such manner and amounts that the concen-
trations attributable to such emissions in the ambient air at
any occupied place beyond the premises on which the source is
located exceed a concentration of 0.03 parts per million by
volume for any averaging period of 30 or more minutes on more
than two occasions in any 5 consecutive day period, or 0.05
parts per million by volume for any averaging period 30 or more
minutes more than two times per year.
E. More Restrictive Limitation to Apply
In any situation the limitations imposed by the provisions of both
Sections C and D of this Regulation XIV shall be assessed, and the
more restrictive section shall apply.
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F. Time Schedule for Compliance
for the purpose of this Regulation XIV, the effective date shall
be 1-18-72, and the provisions of Regulation XIII shall apply
accordingly.
(8.0) Regulation XV RULES FOR CONTROLLING EMISSIONS DURING PERIODS OF HIGH
AIR POLLUTION POTENTIAL
A. General Provisions
1. This regulation shall apply to all emissions from any source
or any premises.
2. It may apply to all or part of the affected area depending
upon which pollutant fulfills the requirements of subsection
B (2) below, and whether or not air sampling reveals only a
localized problem.
B. Air Pollution Alerts and Emergencies
1. Alert and emergency level values are stated as:
a. the product of the hourly sulfur dioxide concentration
in parts per million, and the hourly particulate concen-
tration in COH per 1,000 linear feet, or
b. the concentrations of S02, CO, photochemical oxidants,
particulates in COHs, or NO-.
The basis of reference for the State of Missouri data shall be:
Sulfur dioxide as measured by the continuous modified West-
Gaeke method or any other method standardized against such;
particulates as measured by the automatic paper-tape sampler
method, "ASTM Standard Method of Test for Particulate Matter in
the Atmosphere, Optical Density of Filtered Deposit, D-1704-61";
carbon monoxide as measured by the infrared spectophotometer
method, MSA Bulletin No. 0705-10, Instrument Division, Pitts-
burgh, Pennsylvania; photochemical oxidants as measured by
"Analytical Methods of the 'Intersociety Committee on Methods
for Ambient Air Sampling and Analyses', Health Laboratory
Science, 1970".
2. Alert Values:
a. Yellow Alert value - Any one of the following shall ini-
tiate the Yellow Alert:
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1. Product reaching 0.2 at any sampling station (24
hour average).
2. Sulfur dioxide concentration reaching 0.30 ppm at
any sampling station (24 hour average).
3. Photochemical oxidant concentration reaching 0.10
ppm at any sampling station (1 hour average).
4. Carbon monoxide concentration reaching 15 ppm at
any sampling station (8 hour average).
5. Particulate concentration reaching 3 COHs (375 ug/m )
at any sampling station (24 hour average).
6. N0£ concentration reaching 0.6 ppm at any sampling
station (1 hour average) 0.15 ppm (24 hour average).
b. Red Alert value - Any one of the following shall initiate
the Red Alert:
1. Product reaching 0.8 at any sampling station (24 hour
average).
2. Sulfur dioxide concentration reaching 0.6 ppm at any
sampling station (24 hour average).
3. Photochemical oxidant concentration reaching 0.4 ppm
at any sampling station (1 hour average).
4. Carbon monoxide concentration reaching 30 ppm at any
sampling station (8 hour average).
5. Particulate concentration reaching 5 COHs (625 ug/m )
at any sampling station (24 hour average).
6. N02 concentration reaching 1.2 ppm at any sampling
station (1 hour average) 0.3 ppm (24 hour average).
c. Emergency Alert value - Any one of the following shall
initiate an Emergency Alert:
1. Product reaching 1.2 at any sampling station (24 hour
average).
2. Sulfur dioxide concentration reaching 0.8 ppm at any
sampling station (24 hour average).
3. Photochemical oxidant concentration reaching 0.6 ppm
at any sampling station (1 hour average).
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4. Carbon monoxide concentration reaching 40 ppm at any
sampling station (8 hour average).
5. Participate concentration reaching 7 COHs (875 ug/m )
at any sampling station (24 hour average).
6. N02 concentration reaching 1.6 ppm at any sampling
station (1 hour average) 0.4 ppm (24 hour average).
C. Air Pollution Watch
1. Air Pollution Watch procedures shall be initiated by the Execu-
tive Secretary upon receipt of a 36 hour high air stagnation
advisory from the appropriate federal weather forecasting
official for an area including all or part of the affected area.
2. The following Watch procedures shall apply:
a. Notify the technical staff, the chairman, and members of
the Missouri Air Conservation Commission that Watch condi-
tions exist.
b. Notify all affected governmental control agencies that Watch
conditions exist, and that coordination of action is re-
quired.
c. Increase the frequency of air monitoring at all sampling
stations which are not continuous at intervals not exceed-
ing 2 hours, with continual hourly review, at a central
control location.
d. Inform the general public through the news media that a high
air pollution potential exists, the area or areas where high
initial readings have been obtained from sampling, and
encourage persons suffering from respiratory ailments or
heart conditions to take whatever precautions are most
appropriate.
e. Backyard incineration, including the open burning of leaves,
tree trimmings, garbage, and other refuse shall be prohibited
throughout the entire affected area.
f. All variances or permits allowing open burning shall be
temporarily rendered invalid for the duration of the high
air pollution potential.
g. Facilities which are sources of air contaminant emissions
and are required to file approved alert plans with the
Executive Secretary shall be notified that Watch conditions
exist. All such industries shall be requested to voluntarily
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begin actions to reduce emissions of air contaminants from
their operations, consistent with the provisions of their
Yellow Alert plans. See Table I.
h. The Executive Secretary may request through the news media
that the use of automobiles be restricted to necessary
driving only.
D. Yellow Alert
1. Yellow Alert procedures shall be initiated by the Executive Sec-
retary if the following conditions are met:
a. An air stagnation advisory and the Yellow Alert values are
equalled or exceeded at any one sampling station within the
advisory area, unless there is a current forecast of meteor-
ological improvement within the next 24 hours.
b. Meteorological conditions are such that the pollutant con-
centrations can be expected to remain at the above levels
for 12 or more hours or increase unless control actions
are taken.
2. The following Yellow Alert procedures shall apply:
a. Notify the technical staff, the chairman, and members of
the Missouri Air Conservation Commission that Yellow Alert
conditions exist.
b. Notify all affected governmental control agencies that Yellow
Alert conditions exist, and that coordination of action is
required.
c. Notify all hospitals within the affected area that Yellow
Alert conditions exist.
d. Increase the frequency of air monitoring at all sampling
stations which are not continuous at intervals not exceeding
1 hour, with continual hourly review at a central control
location.
e. Inform the general public through the news media that a
Yellow Alert exists, the geographical area or areas where
the alert is applicable, the emission and type of source or
sources that initiated the alert, individual abatement
actions which will help alleviate the problem, and encourage
those with respiratory ailments or heart conditions to take
the most appropriate and expedient precautions.
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f. The Executive Secretary shall request very emphatically
through the news media that all unnecessary use of auto-
mobiles be restricted, and that all entertainment functions
and facilities be closed.
g. Facilities which are sources of air contaminant emissions
and are required to file approved alert plans with the
Executive Secretary for Yellow Alert conditions shall ini-
tiate such plans upon notification by the Executive Secretary,
See Table I.
h. No open burning will be allowed anywhere within the affected
area.
Red Alert
1. Red Alert procedures shall be initiated by the Executive Secre-
tary if the following requirements are met:
a. A 36 or 24-hour high air stagnation advisory is in effect
for all or part of the affected area.
b. The Red Alert values equalled or exceeded at any one moni-
toring station within the area.
The Red Alert can also be initiated if:
a. The Red Alert value is equalled or exceeded as the arith-
metic mean for 12 consecutive hours, and [a] a£ [(HAPPA)]
air stagnation advisory.
b. The Yellow Alert value is equalled or exceeded as the arith-
metic mean for 24 consecutive hours and a forecast of
stagnation for the following 12 hours is received.
2. The following Red Alert procedures shall apply:
a. Notify the technical staff, the chairman, and members of the
Missouri Air Conservation Commission that Red Alert condi-
tions exist.
b. Notify all affected governmental control agencies that Red
Alert conditions exist and that coordination of action is
required.
c. Notify all hospitals within the affected area that Red
Alert conditions exist.
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d. Increase, if necessary, the frequency of air monitoring at
all sampling stations which are not continuous at intervals
not exceeding 1 hour with continual hourly review at a
central control location.
e. Inform the general public through the news media that a Red
Alert exists, the geographical area or areas where the
alert is applicable, the emission and type of source or
sources that initiated the alert, individual abatement
actions which will help alleviate the problem, and encourage
those with respiratory ailments or heart conditions to take
the most appropriate and expedient precautions.
f. Airlines operating within the Red Alert area shall be noti-
fied that such conditions exist, and that a reduction of
flights out of the airport may be required.
g. Non-local vehicular traffic may be diverted around the Red
Alert area depending upon which pollutant or pollutants
caused the alert.
h. Local vehicular traffic shall through the news media be.
told to avoid certain areas, and emphatically told to
restrict non-essential trips.
i. All incineration and open burning shall cease, regardless
of location.
j. Facilities which are sources of air contaminant emissions
and are required to file approved alert plans with the
Executive Secretary for Red Alert conditions shall initiate
such plans upon notification by the Executive Secretary.
See Table II.
Air Pollution Emergency
1. Emergency procedures shall be initiated by the Executive Secre-
tary, if the following requirements are met:
a. A 36 or 24-hour high air stagnation advisory is in effect
for all or part of the affected area.
b. The air pollution emergency values are equalled or exceeded
as the arithmetic mean of 4 consecutive hours at any one
monitoring station.
The Air Pollution Emergency procedures can also be initiated if:
a. The air pollution emergency value is equalled or exceeded as
the arithmetic mean of 12 consecutive hours and a forecast
of stagnation for the following 12 hours is received, or
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b. The Red Alert is equalled or exceeded as the arithmetic
mean for 24 hours and a forecast of stagnation for the
following 12 hours is received, or
c. The Yellow Alert value is equalled or exceeded as the
arithmetic mean for 36 hours and a forecast of stagna-
tion for the following 12 hours is received.
2. The following Emergency Procedures shall apply:
a. Notify the technical staff, the chairman, and members of
the Missouri Air Conservation Commission that an emergency
exists.
b. Notify all affected governmental control agencies that an
emergency exists, and that coordination of action is
required.
c. Notify all hospitals within the affected area that an
emergency exists, and to be so prepared.
d. Increase, if necessary, the frequency of air monitoring
at all sampling stations which are not continuous at
intervals not exceeding % hour with continual half-hour
review at a central control location.
e. Open burning and incineration shall cease throughout the
area.
f. Facilities which are sources of air contaminant emissions
and are required to have filed approved plans with the
Executive Secretary shall initiate such plans upon notifi-
cation by the Executive Secretary or his representative
that Air Pollution Emergency conditions exist. See Table
III.
g. The use of motor vehicles is prohibited except in emer-
gencies with the approval of local or state police.
h. All manufacturing facilities except those listed in F 2. f.
shall institute such action as will result in maximum reduc-
tion of air contaminants from their operations by ceasing,
curtailing, or postponing operations to the extent possible
without causing injury to persons or damage to equipment.
i. All airplane flights originating within the area of the Air
Pollution Emergency shall be cancelled.
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j. All places of employment described below shall immediately
cease operation during the Air Pollution Emergency:
Mining and Quarrying
Contract Construction Work
Wholesale Trade Establishments
Schools and Libraries
Governmental Agencies except those needed to administer Air
Pollution Alert Program and other essential Agencies deter-
mined by the Executive Secretary to be vital for public
safety and welfare and needed to administer the provisions
of these regulations.
Retail trade stores except those dealing primarily in sale
of food or pharmacies.
Banks, real estate agencies, insurance offices and similar
businesses.
Laundries, cleaners and dryers, beauty and barber shops
and photographic studios.
Amusement and recreational service establishments such as
motion picture theaters.
Automobile repair and automobile service garages.
Advertising offices, consumer credit reporting, adjustment
and collection agencies, printing and duplicating services,
rental agencies and commercial testing laboratories.
G. It should be made clear that an air pollution watch, yellow alert,
red alert and emergency can be declared on the basis of deteriorating
air quality alone; an air stagnation advisory need not be in effect.
The appropriate episode status should be declared by the Executive
Secretary when any monitoring site records ambient air quality
below that designated in the criteria.
The levels used to designate an air pollution emergency are those
that pose an imminent and substantial endangerment to public health.
Because these levels should not be permitted to occur, an air
stagnation advisory should be declared when it appears that these
levels may be reached.
H. Termination of Alerts
When in the judgement of the Executive Secretary meteorological
conditions and pollutant concentrations are such to warrant dis-
continuance of any alert condition, he shall notify the technical
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staff, the chairman, and members of the Missouri Air Conservation
Commission that the alert has been discontinued, and issue a
public notice to that effect.
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TABLE I
YELLOW ALERT PLAN OBJECTIVES
Air Contaminant Source
Electric Power Generating
Facilities
la.
b.
c.
Process Steam Generating
Facilities
2a.
3. Manufacturing industries of the 3a.
following (SIC) group designations
Paper and Allied Products
Industries-Group 26
Chemicals and Allied Products b.
Industries-Group 28
Petroleum Refining and Related
Industries-Group 29
Requirements for Plan
Reduction of emission by
utilization of fuels having
low ash and sulfur content.
Soot blowing and boiler
lancing to be allowed only
during periods of high
atmospheric turbulfcnce
(12:00 PM.M to 4:00 P.M.)
Reduction of emissions by
diverting electric power
generation to facilities
outside of area for which
the alert is called.
Reduction of emissions by
utilization of fuels having
low ash and sulfur content.
Soot blowing and boiler
lancing to be allowed only
during periods of high
atmospheric turbulence
(12:00 P.M. to 4:00 P.M.)
Reduction of steam load demands
consistent with continuing the
operation of the plant.
Reduction of air contaminant
emissions by curtailing, post-
poning, or deferring production
and allied operations.
Stop all trade waste disposal
production which emit particles,
gases, vapors or malodorous sub-
stances including incineration.
Reduction of heat load demands
for processing to a minimum.
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4.
5.
Stone, Glass, Clay and Concrete
Product Industries-Group 32
Primary Metals Industries
-Group 33
Grain Industries -Group 20
Other manufacturing facilities
required to submit alert plans
by the Executive Secretary.
Private, public
refuse disposal
and commercial
operations.
6. Transportation
4a. Reduction of air contaminant
emissions by curtailing or
deferring production and allied
operations.
b. Stop all trade waste disposal
practices which emit particles,
gases, vapors or malodorous
substances Including incinera-
tion.
c. Reduction of heat load demands
for processing to a minimum.
5a. Stop all open burning including
disposal of diseased trees and
burning at fire fighting
schools, except as required
for disposal of hazardous
materials or other emergency
needs.
b. Operation of incinerators shall
be limited to the hours between
10:00 A.M. and 2:00 P.M.
6a. The unnecessary operation of
any motor vehicle should be
restricted.
TABLE II
RED ALERT PLAN OBJECTIVES
All Yellow ert plans shall be continued. In addition, the following
steps shall be taken:
Air Contaminant Source
1. Process steam generating
facilities
Requirements for Plan
la. Maximum reduction of air
contaminant emissions by
utilization of fuels having
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4.
5.
Manufacturing industries of the
following SIC Group designations
Paper and Allied Products
Industries-Group 26
Chemical and Allied Products
Industries-Group 28
Petroleum Refining and Related
Industries-Group 29
Stone, Glass, Clay and Concrete
Product Industries-Group 32
Primary Metals Industries
-Group 33
Grain Industries-Group 20
Other manufacturing facilities
required to submit alert plans
by the Executive Secretary.
Private, public and commercial
refuse disposal operations.
Transportation
the lowest ash and sulfur
content.
b. Maximum utilization of periods
of high atmospheric turbulence
(12:00 P.M. to 4:00 P.M.)
for soot blowing and boiler
lancing.
c. Prepare to implement the
"eitergency" plan submitted
to; the Executive Secretary.
I
2a. Maximum reduction of air
contaminant emission by, if
necessary, postponing pro-
duction and allied operations
b. Maximum reduction of heat load
demands for processing.
c. Prepare to implement the "emer-
gency" plan submitted to the
Executive Secretary.
3a. Maximum reduction of air
contaminant emissions by, if
necessary, postponing pro-
duction and allied operations,
4a. Stop operation of all
incinerators.
5a. Car pools and public trans-
portation must be used in
place of unnecessary motor
vehicle operation.
TABLE III
AIR POLLUTION EMERGENCY PLAN OBJECTIVES
Air Contaminant Source
Requirements for Plan
All Yellow and Red Alert plans shall be continued. In addition, the
following steps shall be taken:
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2.
3.
4.
Process steam generating
facilities
la.
Manufacturing industries of the
following SIC Group designations
Paper and Allied Products
Industries-Group 26
Chemicals and Allied Products
Industries-Group 28
Petroleum Refining and Related
Industries-Group 29
Stone, Glass, and Clay and
Concrete Product
Industries-Group 32
Primary Metal
Industries-Group 33
Grain Industries-Group 23
Other manufacturing facilities
required to submit alert plans
by the Executive Secretary.
2a.
3a.
Private, public and commercial
Derations.
4a.
Maximum reduction of air
contaminant emissions by
reducing heat and steam load
demands to values consistent
with preventing equipment
damage.
Maximum utilization periods of
high atmospheric turbulence
(12:00 P.M. to 4:00 P.M.)
for soot blowing and boiler
lancing.
Elimination of air contaminant
emission from the manufacturing
operations by ceasing, curtail-
ing, postponing or deferring
production and allied operations
to the extent possible without
causing injury to persons or
damage to equipment.
Elimination of air contaminant
emissions from the manufactur-
ing operations by ceasing,
curtailing postponing or
deferring production and allied
operations to the extent
possible without causing
injury to persons or damage
to equipment.
Maximum reduction of heat load
demands for processing.
The following places of employ-
ment, if noticed by the Execu-
tive Secretary, shall immedi-
ately cease operations:
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1. Mining and quarrying oper-
ations.
2. Construction projects except
as required to avoid emer-
gent physical harm.-
3. Manufacturing establishments
except those required to
have in force an air pol-
lution alert plan.
4. Wholesale trade establish-
ments.
5. Governmental units, except
as required to implement
the provisions of these
regulations and other
operations essential to
immediate protection of
the public welfare and
safety.
6. Retail trade and service
establishments except
pharmacies, food stores
and other similar operations
providing for emergency
needs.
7. Other commercial service
operations such as those
engaged in banking, insur-
ance real estate, advertis-
ing, etc.
8. Educational institutions.
9. Amusement and recreational
facilities.
5. Transportation 5a. Motor vehicles shall only be
used for private and public
emergency needs.
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ST. LOUIS METROPOLITAN AREA REGULATIONS
(1.0) Regulation I DEFINITIONS
A. As used in these regulations, except as otherwise specifically pro-
vided in such regulations and except where the context indicates
otherwise, the following words shall have the meaning ascribed to
them in this regulation:
1. Approved source -- A source of fuel which has been found by the
Executive Secretary, after such tests as he may require, to be
in compliance with these regulations.
2. Existing — Things, such as equipment, machines, devices, articles,
contrivances or installations which are in being at the time these
regulations become effective except that any such existing equip-
ment, machine, device, article, contrivance or installation which
is altered, repaired or rebuilt at a cost of 30 percent or more
of its replacement cost shall be reclassified as "new", as defined
in this regulation.
3. Multiple chamber incinerator -- Any article, machine, equipment,
contrivance, structure or part of a structure, used to dispose
of combustible refuse by burning, consisting of three or more
refractory lined combustion furnaces in series, physically
separated by refractory walls, interconnected by gas passage
ports or ducts and employing adequate design parameters necessary
for maximum combustion of the material to be burned, the refrac-
tories having a Pyrometric Cone Equivalent of 31, tested accord-
ing to the method described in the American Society for Testing
Materials, Method C-24-56.
4. New -- Things, such as equipment, machines, devices, articles,
contrivances or installations built or installed on or.after the
effective date of these regulations, and things or installations
existing at said stated time which are later altered, repaired or
rebuilt at a cost of 30 percent or more of their replacement cost.
The cost of installing equipment designed solely for the purpose
of air pollution control is not to be considered a cost of alter-
ing, repairing or rebuilding existing equipment for the purpose of
this definition.
5. Open burning -- The burning of any matter in such manner that the
products of combustion resulting from the burning are emitted
directly into the open atmosphere without passing through
a stack, duct, or chimney.
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6. Particulate matter — Any material, except uncombined water, which
exists in a finely divided form as a liquid or solid at standard
conditions.
7. Residual fuel oil — Fuel oil variously known as Bunker C, PS 400
and Number 6 as defined in ASTM D 396 487 (1959).
8. 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 intro-
duced for purposes of combustion.
9. Refuse -- Any combustible waste material containing carbon in a
free or combined state, other than liquids or gases.
10. Salvage operation — Any business, trade, industry or other acti-
vity conducted in whole or in part for the purpose of salvaging
or reclaiming any product or material such as metals or chemicals.
11. Smoke -- Small gas-borne particles resulting from combustion,
consisting of carbon, ash, and other material.
12. Source operation -- The last operation preceding the emission of
an air contaminant, which operation (a) results in the separation
of the air contaminant from the process materials or in the
conversion of the process materials into air contaminants, as in
the case of combustion fuel; and (b) is not solely an air pollu-
tion abatement operation.
13. Standard conditions ~ A gas temperature of 60 degrees Fahrenheit
and a gas pressure of 14.7 pounds per square inch absolute.
14. Trade waste -- Solid, liquid or gaseous material, resulting from
construction or the prosecution of any business, trade or indus-
try, or any demolition operation including, but not limited to,
plastics, cardboard cartons, grease, oil, chemicals and cinders.
15. St. Louis Metropolitan Area — The geographical area comprised
of St. Louis County, St. Charles County, Jefferson County, and
the City of St. Louis.
16. ASTM — American Society for Testing and Materials, 1916 Race
Street, Philadelphia, Pennsylvania.
17. Source gas volume — The volume of gas arising from a process
or other source operation.
18. ASME -- American Society of Mechanical Engineers, 345 East
47th Street, New York, New York.
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(51.5) Regulation II MAXIMUM ALLOWABLE EMISSION OF PARTICULATE MATTER FROM
FUEL BURNING EQUIPMENT USED FOR INDIRECT HEATING
A. General Provisions
1. This regulation applies to installations in which fuel is
burned for the primary purpose of producing steam, hot water, or
hot air or other indirect heating of liquids, gases, or solids
and, in the course of doing so, the products of combustion do
not come into direct contact with process materials. Fuels in-
clude those such as coal, coke, lignite, coke breeze, fuel oil,
and wood, but do not include refuse. When any products or by-
products of a manufacturing process are burned for the same pur-
pose or in conjunction with any fuel, the same maximum emission
limitations shall apply.
2. The heat content of coal shall be determined according to ASTM
method D-271-64 Laboratory Sampling and Analysis of Coal and
Coke or ASTM method D-2015-62T Gross Calorific Value of Solid
Fuel by the Adiabatic Bomb Calorimeter, which publications are
made a part of this regulation by reference.
3. For purposes of this regulation the heat input shall be the aggre-
gate heat content of all fuels whose products of combustion pass
through a stack or stacks. The heat input value used, shall be
the equipment manufacturer's or designer's guaranteed maximum
input, whichever is greater. The total heat input of all fuel
burning units at a plant or on a premise shall be used for deter-
mining the maximum allowable amount of particulate matter which
ma-y be emitted.
4. The amount of particulate matter emitted shall be measured accor-
ding to the American Society of Mechanical Engineers Power Test
Codes - PTC - 27 dated 1957 and entitled Determining Dust Con-
centration in a Gas Stream, which publication is made a part of
this regulation by reference. Any other method approved by the
Executive Secretary may be used in accordance with good profession-
al practice.
B. Provision Regardless of Stack Height
1. No person shall cause or permit the emission of particulate matter
as measured in the flue which exceeds the following weights, as
observable from Graph I:
a. 0.60 pounds for each million B.T.U. per hour input if the
equipment has a capacity rating of 10 million or less. If
the capacity rating of the fuel burning equipment is more
than 10 million, the amount of particulate matter which may
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be emitted for each million B.T.U. input shall decrease
as the capacity rating of the fuel burning equipment in-
creases as follows:
1. no more than 0.46 pounds for each million B.T.U. input
from equipment having a capacity rating of 50 million;
2. no more than 0.40 pounds for each million B.T.U. input
from equipment having a capacity rating of 100 million;
3. no more than 0.30 pounds for each million B.T.U. input
from equipment having a capacity rating of 500 million;
4. no more than 0.26 pounds for each million B.T.U. input
from equipment having a capacity rating of 1,000 million;
5. no more than 0.23 pounds for each million B.T.U. input
from equipment having a capacity rating of 2,500 million;
6. no more than 0.20 pounds for each million B.T.U. input
from equipment having a capacity rating of 5,000 million;
7. no more than 0.19 pounds for each million B.T.U. input
from equipment having a capacity rating of 7,500 million;
8. no more than 0.18 pounds for each million B.T.U. input
from equipment having a capacity rating of 10,000
million or more.
The amount of particulate matter which may be emitted from fuel burning
equipment having an intermediate capacity rating shall be determined by
linear interpolation. If two or more fuel burning units are connected to
a single flue, the total capacity rating of all fuel burning units
connected to the flue shall be the capacity rating for the purpose of
computing the amount of particulate matter which may be emitted. If a
single fuel burning unit is manifolded to two or more flues, the capacity
rating of the single fuel burning unit shall be the capacity rating for
the purpose of computing the amount of particulate matter which may be
emi tted.
C. Provision Considering Stack Height
1. For purposes of this regulation, stack height shall be as follows:
a. Stack height, for purposes of Regulation II, is defined as
the upward vertical distance from an elevation 600 feet above
mean sea level to the location at which gases passing through
the stack enter the atmosphere.
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b. The provisions of subsection C.I(a) apply in cases wherein
there is only one stack serving a plant or premise and to
cases in which there is more than one stack, all of equal
height. In cases involving more than one stack all of equal
height, the stack height shall be the height of one of such
stacks.
c. When a plant or premise has more than one stack and the
stack heights are unequal, a weighted average stack height
shall be used for purposes of determining maximum allowable
emissions. This weighted average stack height shall be
calculated in the following manner:
1. Determine the heat input of each fuel burning unit (ex-
pressed in B.T.U. per hour). Add together the heat in-
puts of the units venting to each stack. If a single unit
vents to more than one stack, prorate the B.T.U. input to
each stack in proportion to exhaust gas flows.
2. Determine the height of each stack, measured in feet.
3. Multiply the total heat input of units vented through
each stack as determined in (1) by the height of the stack
to which discharged.
4. Add together the values obtained from (3).
5. Add together the heat input for all of the units of the
plant or premise.
6. Divide the sum obtained in step (4) by the sum obtained
in step (5). The quotient (result) is the weighted aver-
age stack height expressed in feet.
2. Emission Limitations
a. No person shall cause or permit the emission of particulate
matter from fuel burning equipment used for indirect heating
from any single stack or chimney in a quantity greater than
0.6 pounds per million B.T.U. of heat input to the equip-
ment discharging to such stack or chimney.
b. No person shall cause or permit the emission of particulate
matter from any fuel burning installation used for indirect
heating from any stack or chimney in excess of the quantity
determined from the Graph II embodied in this regulation, as
used in accordance with the following instructions:
1. Determine the total heat input of the installation using
provisions of subsection A-2 and A-3 of this regulation,
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2. Determine the stack height for the installation using
provisions of subsection C-l of this regulation.
3. Locate a point representing the heat input of the
installation on the scale of the graph marked "Total
Capacity of Installation".
4. From the point located in step (3) draw a line across
the graph perpendicular to the scale marked "Total
Capacity of Installation".
5. Locate a sloping line on the graph which represents the
stack height for the installation, as determined in step
(2), interpolating between lines, if necessary. If
stack height is less than 50 feet, use the line desig-
nated as 50 feet.
6. Locate the point where the line drawn in step (4)
intersects the sloping stack height line selected in
step (5).
7. Draw a line from the point located in step (6) perpendi-
cular to the scale on the graph marked "Maximum Allowable
Emission of Particulate Matter". The point where the
line drawn intersects this scale is the value for the
maximum allowable emission of particulate matter expressed
in pounds of particulate matter per million B.T.U. of heat
input.
8. If desired, the total maximum allowable emission of
particulate matter expressed in pounds per hour may be
obtained by multiplying the allowable emission value
obtained in step (7) by the total heat input obtained in
step (1).
9. The maximum allowable particulate matter emission rates
determined in the manner prescribed in subsections C.2-b(l)
through C.2-b(8) shall apply when all of the gases from
indirect heating units at a plant or on a premise are dis-
charged to the atmosphere from more than one stack, the
maximum allowable particulate matter emission rate deter-
mined as prescribed in the said subsections shall be re-
duced by dividing the value obtained by using preceding
provisions of this subsection C.2-a by a factor taken
from the following list for the number of stacks involved:
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Factor to be used to d'ivide into the
value obtained from use of
Number of stacks subsections C.2-b(l) through C.2-b(8)
1 1.0
2 1.19
3 1.32
4 1.41
5 1.50
6 or more 1.56
c. Each installation having a total heat input rate of 5
million B.T.U. or more per hour shall be equipped
with particulate matter emission control equipment which
will remove at least 85 percent of the particulate matter
in the gases arising from the installation and to be discharged
to the atmosphere.
d. No person shall cause or permit the emission of any particles
larger than 60 microns in diameter from any stack subject to
provisions of this regulation.
D. Procedure When More Than One Provision of This Regulation Applies
When two or more provisions of this regulation specify a maximum allowable
particulate emission applicable in a particular case, the one resulting
in the lowest total weight of emission of particulate matter to the
atmosphere shall apply and the other shall not apply, except that sub-
sections C.2(c) and C.2(d) shall apply in all cases.
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- 0.10
10 SO tOO 500 1000 5000 10000
TOTAL HEAT INPUT-MILLIONS OF BTU PER HOUR
SOOOO
Limitations on emission of porticulate matter from fuel burning installations.
Graph I
x
Ul
I.O
UJ t-
< JL °'9
3 ? 0.6
PS°7
5^0.6
°- U.
fe ° 0.5
t/t O
w^ 0.3
UJ •«
j -0 0.2
il
I I I
STACK HEIGHT,ft
All imioiiotiotf witti o h»oi
input of 5 million Bfu p«r
hour or mor* mutt hov« dutl
coit*ctor(s) vith « collection
rfficirncy of ot tmt B9X.
I I I I
JL
soo 1,000
i.OOO IO.OOO
TOTAL CAPACITY OF INSTALLATION. MILLION B-T.U./hr
Ortph II
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(51.5) Regulation III USE OF FUEL IN HAND-FIRED EQUIPMENT PROHIBITED
A. General
1. This regulation shall apply to all fuelburning equipment inclu-
ding, but not limited to, furnaces, heating and cooking stoves
and hot water furnaces. It shall not apply to wood-burning
fireplaces and wood-burning stoves in dwellings, nor to fires
used for recreational purposes, nor to fires used solely for the
preparation of food by barbecuing.
2. Hand-fired fuel-burning equipment is any stove, furnace, or
other fuel-burning device in which fuel is manually introduced
directly into the combustion chamber.
B. Prohibition
1. After three years from the effective date of this regulation,
it shall, be unlawful to operate any hand-fired fuel burning
equipment in the St. Louis, Missouri metropolitan area.
2. The Executive Secretary may order that any hand-fired fuel burning
equipment not be used at any time earlier than three years from
the adoption of this regulation whenever such equipment has
been found in violation of any air contaminant emission regu-
lation on three or more occasions in any six months period.
(50.1.1) Regulation IV RESTRICTION OF EMISSION OF PARTICULATE MATTER FROM INDUS-
TRIAL PROCESSES
A. General Provisions
1. This regulation applies to any operation, process, or activity
except the burning of fuel for indirect heating in which the
products of combustion do not come into direct contact with pro-
cess materials and except the burning of refuse and except the
processing of salvageable material by burning.
2. Process weight means the total weight of all materials intro-
duced into a source operation, including solid fuels, but ex-
cluding liquids and gases used solely as fuels, and excluding air
introduced for purposes of combustion.
Process weight rate means a rate established as follows:
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a. For continuous or long-run steady-state source operations,
the total process weight for the entire period of continuous
operation or for a typical portion thereof, divided by the
number of hours of such period or portion thereof.
b. For cyclical or batch source operations, the total process
weight for a period which covers a complete operation
or an integral number of cycles, divided by the hours of
actual process operation during such period.
Where the nature of any process or operation or the design
of any equipment is such as to permit more than one interpre-
tation of this section, that interpretation which results in
the minimum value for allowable emission shall apply.
3. Emission tests relating to this regulation shall be made follow-
ing the standards in American Society of Mechanical Engineers
Power Test Codes-PTC - 27 dated 1957 and entitled Determining
Dust Concentration in a Gas Stream.
B. Emission Limitations
1. Except as provided for in Section B (2), no person shall cause,
suffer, allow, or permit the emission of particulate matter in
any one hour from any source in excess of the amount shown in
Table I for the process weight allocated to such source.
2. The limitations established by Section B (1) shall not require
the reduction of particulate matter concentration, based on the
source gas volume, below the concentration specified in Table
2 for such volume; provided that, for the purposes of this sec-
tion the person responsible for the emission may elect to sub-
stitute a volume determined according to the provisions of
Section B (3); and provided further that the burden of showing
the source gas volume or other volume substituted therefor, in-
cluding all the factors which determine such volume and the
methods of determining and computing such volume, shall be on
the person seeking to come within the provisions of this Section.
3. Any volume of gases passing through and leaving an air pollution
abatement operation may be substituted for the source gas volume
of the source operation served by such air pollution abatement
operation, for the purposes of Section B (2), provided such air
pollution abatement operation emits no more than 40 percent of
the weight of particulate matter entering thereto; and provided
further that such substituted volume shall be corrected to
standard conditions and to a moisture content no greater than
that of any gas stream entering such air pollution abatement
operation.
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4. No person shall cause, suffer, allow, or permit the emission of
particulate matter from any source in a concentration in excess
of 0.30 grain per standard cubic foot of exhaust gases. If
provisions of this subsection would permit a greater emission of
particulate matter per hour than allowed by subsection B(l),
the provision of this subsection (B-4) shall not apply except
that the following regulation shall apply to existing grey
iron jobbing cupolas. For purposes of this regulation, a
jobbing cupola is defined as a cupola which has a single melting
cycle no more than 10 hours in any consecutive 24 hours and no
more than 50 hours in any consecutive 7 days.
a. All existing grey iron jobbing cupolas shall be equipped with
gas cleaning devices and so operated as to remove 85% by
weight of all the particulate matter in the cupola discharge
gases, or release not more than 0.4 grain of particulate matter
per standard cubic foot of discharge gas, whichever is more
stringent.
b. All gases, vapors, and gas entrained effluents from such
cupolas shall be incinerated at a temperature not less than
1200° Fahrenheit for a period of not less than 0.3 second.
c. Exception. The following exceptions to the provisions of
Regulation IV shall be permitted:
1. When building a new fire, and
2. During the startup, an operational breakdown, or while
cleaning air pollution control equipment for any process.
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TABLE I
Process Weight
Rate
Lb/Hr
100
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
Tons/Hr
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
4,
4.
5.
50
75
2.00
50
00
3.50
00
50
00
Rate of
Emission
Lb/Hr
0.551
0.877
1.40
83
22
2.58
3,38
4.10
4.76
5,
5,
6,
38
96
52
12,000 6.00
7.58
8.56
9.49
10.4
11.2
12.0
13.6
Process Weight
Rate
Lb/Hr
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000
Tons/Hr
8.00
9.00
10.
15.
20.
25.
30.
35.
40.
45.
50.
60.
70.
80.
100.
500.
1,000.
3,000.
Rate of
Emission
Lb/Hr
16.5
17.9
19.2
25,
30.
35.4
40.0
41.3
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 UD 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 - 55.0P0. 'Uo, where E = rate of emission in Ib/hr and
P = process weight rate in tons/hr.
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TABLE 2
Source Gas
Volume, SCFMa
7,000
or less
8,000
9,000
10,000
20,000
30,000
40,000
50,000
60,000
80,000
100,000
120,000
Concentration
GR/SCFb
0.100
0.096
0.092
0.089
0.071
0.062
0.057
0.053
0.050
0.045
0.042
0.040
Source Gas
Volume, SCFMa
140,000
160,000
180,000
200,000
300,000
400,000
500,000
600,000
800,000
1,000,000
or more
Concentration
GR/SCF&
0.038
0.036
0.035
0.034
0.030
0.027
0.025
0.024
0.021
0.020
Standard cubic foot per minute
3Grain per standard cubic foot
(51.5) Regulation V REFUSE NOT TO BE BURNED IN FUEL BURNING INSTALLATIONS
No person shall burn or cause or permit the burning of refuse in any
installation which is designed for the primary purpose of burning fuel.
(51.13) Regulation VI OPEN BURNING RESTRICTIONS
A. Refuse Burning Restrictions
1. No person shall dispose of refuse by open burning, or cause,
suffer, allow or permit open burning of refuse.
2. : In areas where no public or commercial refuse collection service
is available on the effective date of this regulation, the open
: burning of refuse on residential premises, of refuse originating
in dwelling units on the same premises, shall not be in violation
of this regulation until such refuse collection service becomes
available or until 3 years from the effective date of this regu-
lation, whichever is sooner.
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3. Regardless of provisions of subsections A(l) and A(2) of this
regulation, open burning on residential premises of refuse
originating in dwelling units on the same premises shall not be
a violation of this regulation in areas of low population density.
The Executive Secretary, after consultation with public agencies
concerned with refuse collection and disposal, shall select and
publish the specific boundaries of areas in which such open
burning of refuse will not be in violation of this regulation. In
selecting such areas, he shall use a density of 100 dwelling
units or less per square mile as an approximate definition of
areas of low population density and he shall give due consider-
ation to the desirability of having restrictive air pollution
control regulations within the conterminous area comprising the
St. Louis metropolitan area air pollution basin. The Executive
Secretary shall select and publish revised boundaries, as des-
cribed above, from time to time as population density changes.
4. Any open burning of refuse permitted by subsection A(2) or A(3)
of this regulation shall be permitted only between the hours of
10:00 A.M. and 4:00 P.M.
B. Prohibition of Salvage Operations by Open Burning
No person shall conduct or cause or permit the conduct of a salvage opera-
tion by open burning.
C. Restrictions on Open Burning of Trade Wastes
1. No person shall cause or permit the disposal of trade wastes by
open burning, except as provided in subsection C(2) of this
regulation.
2. The open burning of trade wastes may be permitted when it can
be shown by a person that such open burning is absolutely
necessary and in the public interest. Any person intending to
engage in open burning of trade wastes shall file a request to do
so with the Executive Secretary.
The application shall state the following:
a. The name, address, and telephone number of the person sub-
mitting the application.
b. The type of business or activity involved.
c. A description of the proposed equipment and operating practices,
the type, quantity, and composition of trade wastes to be
burned, and the expected composition and amount of air contami-
nants to be released to the atmosphere.
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d. The schedule of burning operations.
e. The exact location where open burning will be used to dispose
of trade waste.
f. Reasons why no method other than open burning can be used
for disposal of trade waste.
g. Evidence that the proposed open burning has been approved
by any fire department which may have jurisdiction. Upon
approval of the application by the Executive Secretary,
the person may proceed with the operation without being in
violation of subsection C(l).
D. Restrictions on Open Burning of Agricultural Wastes
1. The burning of plant life is prohibited. Provided that the
opening burning of plant life grown on the premises in the course
of any agricultural operation may be permitted when it can be
shown that such open burning is necessary and that no fire
hazard will occur, any person intending to dispose of plant
life by open burning shall file a request to do so with the
Executive Secretary on forms provided by him. Such form shall
require the provision of such information as the Executive
Secretary shall reasonably need to determine the air pollution
aspects of the situation and whether the request should be
granted. The applicant shall furnish the Executive Secretary
evidence that the proposed open burning has been approved by
any fire department which may have jurisdiction. Upon approval
of the application by the Executive Secretary, the person may
proceed with the operation without being in violation of this
subsection.
2. Any open burning permitted under provisions of subsection D(l)
of this regulation shall be permitted only between the hours of
10:00 A.M. and 4:00 P.M. and only at times when the actual or
forecast surface wind speed, as given by the local U.S. Weather
Bureau is 5 miles per hour or greater.
E. Restriction on Open Burning of Tree Leaves
1. The open burning of leaves is prohibited except between the
hours of 10:00 A.M. and 4:00 P.M.
2. All open burning of leaves shall be prohibited after September
30, 1968 except in areas of low population density. Such areas
of low population density shall be specified by the Executive
Secretary in the same manner as described in subsection A(3) of
this regulation.
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(51.9) Regulation VII INCINERATORS
I. This regulation shall apply to any incinerator used to dispose
of refuse or other wastes by burning and the processing of
salvageable material by burning. Notwithstanding definitions in
other regulations, as used in this regulation the word refuse
includes garbage, rubbish, trade wastes, leaves, salvageable
material, agricultural wastes, ami other wastes. The word
incinerator, as used in this regulation, includes incinerators
and other devices, structures,or contrivances used to burn
refuse (as defined herein) or to process refuse by burning.
2. The burning capacity of an incinerator shall be the manufacturer's
or designer's guaranteed maximum rate or such other rate as may
be determined by the Executive Secretary in accordance with good
engineering practice. In case of conflict, the findings of
the Executive Secretary shall govern.
3. The amount of particulate matter emitted from any incinerator
shall be determined according to the American Society of
Mechanical Engineers Power Test Codes - PTC - 27 dated 1957
and entitled Determining Dust Concentration in a Gas Stream.
This publication is hereby made a part of this regulation by
reference. In calculating the amount of particulate matter in
stack gas, the loading shall be adjusted to 12 percent carbon
dioxide in the stack gas. The carbon dioxide produced by burning
of any liquid or gaseous fuel in the incinerator shall be ex-
cluded from the calculation to 12 percent carbon dioxide.
Emission shall be measured when the incinerator is operating at
.its maximum capacity or at any other burning rate during which
emission of particulate matter is greater.
B. Restriction of Emissions of Particulate Matter from Incinerators
1. No person shall cause or permit the emission of particulate matter
from the stack or chimney of any incinerator in excess of the
following:
a. Incinerators with a maximum refuse burning capacity of 200
or more pounds per hour, 0.2 grains of particulate matter
per standard dry cubic foot of exhaust gas.
b. All other incinerators, 0.3 grains of particulate matter
per standard dry cubic foot of exhaust gas.
2. No incinerator shall be used for the burning of refuse unless
such incinerator is a multiple chamber incinerator may be altered,
modified or rebuilt as may be necessary to meet this require-
ment. The Executive Secretary may approve any other alteration
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or modification to an existing incinerator if such be found
by him to be equally effective for the purpose of air pollution
control as a modification or alteration which would result in
a multiple chamber incinerator. All new incinerators shall
be multiple chamber incinerators, provided that the Executive
Secretary may approve any other kind of incinerator if he finds
in advance of construction or installation that such other kind
of incinerator is equally effective for purposes of air pollu-
tion control as an approved multiple chamber incinerator.
Existing incinerators which are not multiple chamber incinera-
tors and do not otherwise meet the requirements of Section B(l)
of this regulation shall be modified or rebuilt in compliance
with this section in accordance with the following schedule:
Rated Capacity Latest Date for Compliance
2,000 Ibs/hr. or above 12 months from effective date of regu-
lation
1,000 - 1999 Ibs/hr. 18 months from effective date of regu-
lation
500 - 999 Ibs/hr. 24 months from effective date of regu-
lation
All Others 30 months from effective date of regu-
lation.
C. Exceptions for Low Population Density Areas
The provisions of subsections B(l) and B(2) of this regulation shall not
apply to any incinerator on residential premises used to burn refuse
arising from domestic activities on the same premises in areas of low
population density. The Executive Secretary shall select and publish
the specific boundaries of areas in which subsections B(l) and B(2) of
this regulation do not apply. In selecting such areas, he shall use a
density of 100 dwelling units or less per square mile as an approximate
definition of areas of low population density and he shall also give due
consideration to the desirability of having restrictive air pollution
control regulations within the conterminous area comprising the St.
Louis metropolitan area air pollution basin. The Executive Secretary
shall select and publish revised boundaries, in the manner described
in the foregoing, from time to time as population density changes.
D. Permitted Hours of Operation
No person shall operate or cause or permit the operation of any inciner-
ator at any time other than between the hours of 10:00 A.M. and 4:00 P.M.
This restriction shall not apply to incinerators having a refuse burning
capacity of five tons per hour or more.
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(50.1.2) Regulation VIII RESTRICTION OF EMISSION OF VISIBLE AIR CONTAMINANTS
A. Restrictions Applicable to Existing Installations
No person shall discharge into the atmosphere from any single source of
emission whatsoever any air contaminant.
1. of a shade or density equal to or darker than that designated
as No. 2 on the Ringelmann Chart, or
2. of such opacity as to obscure an observer's view to a degree
equal to or greater than does smoke described in subsection A(l)
of this regulation.
This section A shall not apply to existing incinerators.
B. Restrictions Applicable to New Installations and All Incinerators
No person shall discharge into the atmosphere from any single source
of emission whatsoever any air contaminant
1. of a shade or density equal to or darker than that designated
as No. 1 on the Ringelmann Chart, or
2. of such opacity as to obscure an observer's view to a degree
equal to or greater than does smoke described in subsection
B(l) of this regulation.
C. Exceptions
A person may discharge into the atmosphere from any single source of
emission for a period or periods aggregating not more than six minutes
in any sixty minutes air contaminants.
1. of a shade or density not darker than No. 2 on the Ringelmann
Chart, or
2. of such opacity as to obscure an observer's view to a degree
not greater than does smoke described in subsection C(l)
of this regulation.
3. Where the presence of uncombined water is the only reason for
failure of an emission to meet the requirements of Sections A
or B of this regulation, such sections shall not apply.
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4, The provisions of Section A of this regulation shall not apply
to the following:
a. Transfer of molten metals
b. Emissions from transfer ladles
c. Coke ovens when pushing coke from oven
d. Water quenching of coke on discharge from ovens
e. Existing grey iron jobbing cupolas as defined in Regulation IV.
D. Method of Measurement
]. The Ringelmann Chart published and described in the U.S. Bureau
of Mines Information Circular 7718 or the U.S. Public Health
Service Smoke Inspection Guide as described in the Federal
Register, Title 42, Chapter 1, Subchapter F, Part 75, shall be
used in grading the shade or opacity of visible air contaminant
emissions. The Executive Secretary may specify other means of
measurement which give comparable results or results of greater
accuracy. The two publications described in this subsection
are hereby made a part of this regulation by reference.
(50.1) Regulation IX PREVENTING PARTICULATE MATTER FROM BECOMING AIR-BORNE
A. No person shall cause or permit the handling or transporting or
storage of any material in a manner which allows or may allow un-
necessary amounts of particulate matter to become air-borne.
B. No person shall cause or permit a building or its appurtenances or a
road, or a driveway, or an open area to be constructed, used, re-
paired or demolished without applying all such reasonable measures
as may be required to prevent particulate matter from becoming air-
borne. The Executive Secretary may require such reasonable measures
as may be necessary to prevent particulate matter from becoming air-
borne including but not limited to paving or frequent cleaning of
roads, driveways and parking lots; application of dust-free
surfaces; application of water; and the planting and maintenance of
vegetative ground cover.
(50.2) Regulation X RESTRICTION OF EMISSIONS OF SULFUR DIOXIDE FOR USE OF FUEL
A. General Provisions
1. This regulation shall apply to any installation in which fuel
is burned and in which the sulfur dioxide emission is substanti-
ally due to the content of the fuel burned, and in which the
fuel is burned primarily to produce heat.
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2. For purposes of this regulation, a fuel burning installation is
any single fuel burning furnace or boiler or other unit,
device, or contrivance in which fuel is burned or any grouping
of two or more such furnaces or boilers or other units, devices,
or contrivances on the same premises or otherwise located in
close proximity to each other and under control of the same
person. The capacity of such installations shall be the manu-
facturer's or designer's guaranteed maximum heat input rate.
3. The method for determining the percent of sulfur in coal shall
be that described in ASTM D-271-64 Laboratory Sampling and
Analysis of Coal and Coke or equivalent method approved by the
Executive Secretary. The method for determining the heat
content of coal shall be as described in ASTM D-271-64 Labora-
tory Sampling and Analysis of Coal and Coke or D-2015-62T
Gross Calorific Value of Solid Fuel by the Adiabatic Bomb
Calorimeter. Sulfur content of coal as stated in this regu-
lation shall be as analyzed on a dry basis, but calculated to
include normal moisture.
The method for determining the sulfur content of fuel oil shall
be that described in ASTM D-129-64 Standard Method of Test for
Sulfur in Petroleum Products and Lubricants by the Bomb Method.
The method for 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 Liquid Hydrocarbons by Bomb
Calorimeter or other method giving comparable results.
The testing methods specified in this subsection are hereby
made a part of this regulation by reference.
4. The Executive Secretary is authorized to take or cause to have
taken samples of any fuel by any appropriate means, in any
quantity which he finds necessary, at any reasonable time or
place, for purposes of determining compliance with this regula-
tion. Where applicable, the following methods will be used:
For coal: ASTM D-492-48 (1958) Sampling Coal Classified
According to Ash Content
ASTM D-2013-65T Preparing Coal Sample for Analysis
ASTM D-2234-65T Mechanical Sampling of Coal
For oil: ASTM D-270-65T Sampling Petroleum and Petroleum
Products
The methods specified in this subsection are hereby made a part
of this regulation by reference.
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B. Restrictions Applicable to Fuel Burning Installations With a Capacity
Of 2,000 Million or More British Thermal Units Per Hour
1. After three (3) years from effective date of this regulation,
no persons shall cause or permit the emission of sulfur dioxide
to the atmosphere from any fuel burning installation with a
capacity of 2,000 million or more British Thermal Units per
hour in an amount greater than 2.3 pounds of sulfur dioxide
per million British Thermal Units of heat input to the installa-
tion.
2. On and after the effective date of this regulation and until
the requirements of subsection B(l) of this regulation are met,
no fuel burning installation with a capacity of 2,000 million
or more British Thermal Units per hour shall burn a fuel or
fuels having a higher average sulfur content than the fuel or
fuels used in such installation during the 12 months prior to
the effective date of this regulation based on a comparable
B.T.U. content. For purposes of determining compliance with
this subsection, the average sulfur content of all fuel or
fuels used for the 12 month period prior to the effective date
of this regulation shall be determined by averaging the sulfur
content of all fuel used during such period, on the basis of
pounds of sulfur per million British Thermal Units heating
value of the fuel or fuels. This computed average sulfur con-
tent shall not be exceeded during any 12 month period after the
effective date of this regulation, when determined on the same
averaging basis.
Persons responsible for installations subject to Section B of
this regulation shall furnish the Executive Secretary such
data as he may reasonably require to determine whether an installa-
tion is being operated in compliance with this subsection of
this regulation.
C. Restrictions Applicable to Fuel Burning Installations with A Capacity
of Less Than 2,000 Million British Thermal Units Per Hour
1. During the months of December, 1968 and January, 1969 no per-
son shall burn or permit the burning of any coal containing
more than 2.0 percent sulfur or of any fuel oil containing
more than 2.0 percent sulfur, in any fuel burning installation
having a capacity of less than 2,000 million British Thermal
Units per hour.
2. During the months of November and December, 1969 and January
and February, 1970 no person shall burn or permit the burning of
any coal containing more than 2.0 percent sulfur or of any fuel
oil containing more than 2.0 percent sulfur in any fuel burning
installation having a capacity of less than 2,000 million
British Thermal Units per hour.
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3. During the months of October, November and December of 1970
and January, February and March of 1971 and every year there-
after, no person shall burn or permit the burning of any coal
containing more than 2.0 percent sulfur or of any fuel oil con-
taining more than 2.0 percent sulfur in any fuel burning installa-
tion having a capacity of less than 2,000 million British Thermal
Units per hour.
4. Subsections 1, 2 and 3 of this section C shall not apply to
any fuel burning installation if it can be shown that emissions
of sulfur dioxide from such installation into the atmosphere
will not exceed 2.3 pounds per million B.T.LJ. of heat input
to the installation.
D. Unlawful Conduct
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 St. Louis metropolitan area or to use or consume in said area
any fuel which is not from an approved source or which does not meet
the requirements of this regulation unless it is shown by any such
person that emission of sulfur dioxide from use of such fuel will not
exceed 2.3 pounds of sulfur dioxide per million British Thermal
Units of heat input to the installation in which it is to be burned.
(2.0) Regulation XI INFORMATION ON SALES OF FUELS TO BE PROVIDED AND MAIN-
TAINED
A. Tickets to Be Furnished and Retained
After thirty days from the effective date of these regulations, every
delivery of coal or residual fuel oil when first delivered to a consumer
or wholesaler in the St. Louis metropolitan area must be accompanied
by a ticket prepared in triplicate and containing at least the name and
address of the seller and the buyer and the source of the fuel. Tickets
on delivery of coal shall also show the ash content of the coal. One
copy of each ticket shall be kept by the person delivering the fuel and
be retained for one year; one copy is to be given to the recipient of
the fuel to be retained for one year; and upon request, within 30 days
after delivery of the fuel, the delivering party shall mail one copy
to the Air Conservation Commission.
B. Lists May Be Published
The Executive Secretary is authorized to publish lists of approved sources
or other descriptive lists of fuels available in the area which meet
the requirements of these regulations.
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(51.6) Regulation XII CERTAIN COALS TO BE WASHED
A. Certain Coals to Be Washed
After December 1, 1968, it shall be unlawful for any person to import,
sell, offer for sale, expose for sale, exchange, deliver or transport
for use or consume in the said area any coal which as mined contains
in excess of 2.0 percent sulfur or 12.0 percent ash calculated as
described in Regulation X, unless it shall have been cleaned by a
process known as "washing" so that it shall contain no more than 12.0
percent ash on a dry basis. The term "washing" is meant to include
purifying, cleaning, or removing impurities from coal by mechanical
process, regardless of cleaning medium used.
B. Samples May be Taken
The Executive Secretary is authorized to take or cause to be taken
samples of any coal at any reasonable time or place for purposes of
determining compliance with this regulation.
C. Exception
This regulation shall not apply if a person proposing to use unwashed
coal can show that the emission of sulfur dioxide from the plant in
which the coal is to burned will not exceed 2.3 pounds of sulfur
dioxide per million B.T.U.'s of heat input to the installation
and that emission of particulate matter will be no more than that
allowed in Regulation II.
(50.7) Regulation XIII EMISSION OF CERTAIN SETTLEABLE ACIDS AND ALKALINE
SUBSTANCES RESTRICTED
A. General Provisions
This regulation shall apply to all emissions from any source or any
premises.
B. Method of Measurement
1. The fallout sampling devices used in determining compliance
with this regulation shall consist of circular glass dishes
15 centimeters in diameter. The dishes shall be supported
on a nearly horizontal surface not larger than the dish. The
dish bottom shall be at least 3 feet above the earth or other
surface on which its support is resting. The dish shall be coated
: with a solution of thymol blue, ammonia water solution and gelatin
dried to a yellow color in a vacuum oven at room temperature. Pre-
pared dishes shall be stored in a desiccator at 40 percent rela-
.tive humidity, or in plastic bags.
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2. Fallout sampling devices shall be put in place at one or more
locations upwind and downwind of a premises at locations beyond
the premises on which a source or sources are located. They
shall be left exposed to substances settling out of the ambient
air for a period of one hour. The presence of red-colored spots
on the gelatin in samplers used to measure fallout of acidic
substances shall be construed to mean that acidic substances
have settled out of the air. The presence of blue-colored spots
on the gelatin in samplers used to measure fallout of alkaline
substances shall be construed to mean that alkaline substances
have settled out of the air. The number of spots visible on
samplers exposed upwind of a premises is to be subtracted from
the number of spots visible on samplers exposed downwind of the
same premises. The difference in the number of spots, if any,
shall be construed to be attributable to emissions occurring
on the premises under investigation.
3. In lieu of the test methods specified in B(l) and B(2) any
other method approved by the Executive Secretary may be used.
C. Emissions Restricted
No person shall cause or permit the emission from any source or premises
of substances having acidic or alkaline properties in such amounts
that the downwind fallout rate of acidic or alkaline substances at any
place where an adverse effect could occur, exceeds the upwind fallout
rate by five or more spots per hour, measured in the manner prescribed
in Section B of this regulation.
(50.2) Regulation XIV EMISSION OF CERTAIN SULFUR COMPOUNDS RESTRICTED
A. General Provisions
1. Section B of this regulation shall apply to all emissions except
those in which both
a. fuel is burned primarily to produce heat, and
b. the sulfur compound emission is due primarily to the
sulfur in the fuel burned.
2. Section C and D shall apply to all emissions from any source
or sources whatsoever.
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3. The method of measuring sulfur trioxide and sulfuric acid or
any combination thereof in stack gases shall be:
Particulates (H2$04 - Acid Mists)
Atmospheric Emissions from Sulfuric Acid Manufacturing
Processes, Ref. Public Health Service Publication 999-AP-13
(1965), Appendix B, Page 61-6
(Modified Monsanto Company Method)a
Gaseous (S03)-S02)
Atmospheric Emissions from Sulfuric Acid Manufacturing
Processes, Ref. Public Health Service Publication 999-AP-13
(1965) Appendix B, Page 85-7
(Shell Development Company Method)b
4. The method of measuring hydrogen sulfide in the ambient atmos-
phere shall be:
Lead-Acetate-Impregnated Filter Paper Procedure
Ref. Sensenbaugh, J.D., and Hemeon, W.C.L.: A Low Cost
Sampler for Measurement of Low Concentration of Hydrogen
Sulfide. Air Repair 4:5 (May 1594)
5. The method of measuring sulfur dioxide in stack gases shall be:
Gaseous (S03-S02)
Atmospheric Emissions from Sulfuric Acid Manufacturing
Processes, Ref. Public Health Service Publication 999-AP-13
(1965), Appendix B, Page 85-7.
(Shell Development Company Method)b
Secondary reference for industrial emission sampling and analysis for
particulates, (sulfuric acid-acid mists), Patton. W.F. and Brink, J.A.,
New Equipment and Techniques for Sampling Chemical Process Cases J
Air Pollution Control Association 13, 162-66 (April 1963).
Secondary reference for industrial emission sampling and analysis
for gases (sulfur trioxide and sulfur dioxide) Determination of
Sulfur Dioxide and Sulfur Trioxide in Stack Gases, Emeryville Method
Ser. 4S16/59a. Anal. Department Shell Development Company, Emeryville,
L9 ITT. \\yby/.
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6. the method of measuring sulfur trioxide and sulfuric acid or
any combination thereof suspended in the ambient atmosphere
shall be:
,Particulates (H2$04)
Ref. Commons, B. T., Determination of Particulate Acid in
Town Air, Analyst, 88, 364-67 (May 1963)
7. The method of measuring sulfur dioxide in the ambient atmos-
phere shall be:
Gaseous (SCL) colorimetrie
Ref. Selected Methods for the Measurement of Air Pollutants
Public Health Service Publication No. 999-AP-ll (May 1965)
Determination of Sulfur Dioxide: West -- Gaeke Method,
Page Al-5
Gaseous (SCL) conductometric
ASTM Standards on Methods of Atmospheric Sampling and
Analysis, 2nd Edition, Method D 1355-60, Method A, Page 11.
8. Other test methods approved by the Executive Secretary may be
used. The publications describing methods of measurement
specified in this section are hereby made a part of this regu-
lation by reference.
B. Concentration of Sulfur Compounds in Emissions Restricted
1. No person shall cause or permit the emission into the atmosphere
from any existing source specified in subsection A(l) of this
regulation, gases containing more than 2000 parts per million
by volume of sulfur dioxide or 500 parts per million by volume
of sulfur dioxide from any new source.
2. No person shall cause or permit the emission into the atmosphere
from any source specified in subsection A(l) of this regulation,
gases containing more than 70 milligrams per cubic meter of
sulfuric acid or sulfur trioxide or any combination thereof
or 35 milligrams per cubic meter of sulfuric acid, sulfur trio-
xide or any combination thereof from any new source (expressed
as sulfuric acid).
C. Emission of Sulfur Compounds in Certain Amounts and Manner Restricted
1. No person shall cause or permit the emission of sulfur dioxide
from any premises in such manner and amounts that the concentra-
tions and frequencies attributable to such emission exceed those
shown in the following table in the ambient air at any occupied
place beyond the premises on which the source is located:
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Averaging Maximum
Concentration Tine Allowable Frequency
0.25 ppm or more 5 minutes Once in any 8 hours
0.10 ppm or more 1 hour Once in any 4 days
0.05 ppm or more 24 hours Once in any 90 days
2. No person shall cause or permit the emission of sulfuric acid
or sulfur trioxide or any combination thereof from any premises
in such manner and amounts that the concentrations and frequen-
cies attributable to such emission exceed those shown in the
following table in the ambient air at any p]ace where people
live, work or congregate beyond the premises on which the
source is located.
Concentration3 of
Sulfuric Acid or
Sulfur Trioxide or
any combination Averaging Maximum
thereof Time Allowable Frequency
0.03 mg/m3 or more 30 minutes or Once in any 48 hours
more
0.01 mg/m3 or more 24 hours Once in any 90 days
3. No person shall cause or permit the emission of hydrogen sulfide
from any premises in such manner and amounts that the concentra-
tions attributable to such emissions in the ambient air at any
occupied place beyond the premises on which the source is
located exceed a concentration of 0.03 parts per million by
volume for any averaging period of 30 or more minutes on more
than two occasions in any 5 consecutive day period, or 0.05 parts
per million by volume for any averaging period 30 or more
minutes more than two times per year.
D. More Restrictive Limitations to Apply
In any situation in which more than one requirement of this regulation
is applicable, the most restrictive provision shall govern.
aparts per million by volume.
Milligrams per cubic meter at standard conditions, measured and calcu-
lated as sulfuric acid.
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(50.6) Regulation XV CONTROL OF ODORS IN THE AMBIENT AIR
A. No person shall emit odorous matter such as to cause an objectionable
odor
1.
on or adjacent to residential, recreational, institutional,
retail sales, hotel or educational premises,
2. on or adjacent to industrial premises when air containing such
odorous matter is diluted with 20 or more volumes of odor-free
air,
3. on or adjacent to premises other than those in 1 and 2 when air
containing such odorous matter is diluted with four or more
volumes of odor-free air.
B. The above requirement shall apply only to objectional odors. An
odor will be deemed objectionable when 30 percent or more of a
sample of the people exposed to it believe it to be objectionable
in usual places of occupancy, the sample size to be at least 20
people or 75 percent of those exposed if fewer than 20 people are
exposed.
(51.21) Regulation XVI CONTROL OF ODORS FROM PROCESSING OF ANIMAL MATTER
A. General
1. For purposes of this regulation the word "reduction" is defined
as any heated process, including rendering, cooking, drying,
dehydrating, digesting, evaporating, and protein concentrating.
Animal matter is defined as any product or derivative of animal
life.
2. The provisions of this regulation shall not apply to any device,
machine, equipment or other contrivance used exclusively for
the processing of food for human consumption in food service
establishments.
For purposes of this regulation a food service establishment
shall be defined as follows: Any fixed or mobile restaurant;
coffee shop; cafeteria; short order cafe; luncheonette; grill;
tearoom; sandwich shop; soda fountain; tavern; bar; cocktail
lounge; night club; roadside stand; industrial feeding esta-
blishment; private, public or nonprofit organization or institu-
tion routinely serving food, catering kitchen, commissary, or
similar place in which food or drink is placed for sale or for
service on the premises or elsewhere; and any other eating or
drinking establishment or operation where food is served or
provided for the public with or without charge.
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B. Odor Control Equipment Required on Reduction Processes
1. No person shall operate or use any device, machine, equipment
or other contrivance for the reduction of animal matter unless
all gases, vapors, and gas-entrained effluents from such facility
are incinerated at a temperature of not less than 1200 degrees
Fahrenheit for a period of not less than 0.3 second, or processed
in such manner as determined by the Executive Secretary to be
equally or more effective for the purpose of air pollution
control.
A person incinerating or processing gases, vapors or gasentrained
effluents pursuant to this rule shall provide, properly install
and maintain, in good working order and in operation, devices as
specified by the Executive Secretary for indicating temperature,
pressure, or other operating conditions.
C. Other Odor Control Measures Required
1. Effective devices and/or measures shall be installed and operated
such that no vent, exhaust pipe, blow-off pipe or opening of
any kind shall discharge into the outdoor air any odorous
matter, vapors, gases, or dusts or any combination thereof
which create odors or other nuisances in the neighborhood of
the plant.
2. Odor producing materials shall be stored and handled in a
manner such that odors produced from such materials are confined.
Accumulation of odor producing materials resulting from spillage
or other escape is prohibited.
3. Odor bearing gases, vapors, fumes, or dust arising from mater-
ials in process shall be confined at the point of origin so as
to prevent liberation of odorous matter. Confined gases, vapors,
fumes, or dusts shall be treated before discharge to the atmos-
phere as required in subsection C(l).
D. Enclosure of Building May Be Required
Whenever dust, fumes, gases, mist, odorous matter, vapors, or any com-
bination thereof escape from a building used for processing of animal
matter in such manner and amount as to cause a violation of Regulation
XV, the Executive Secretary may order that the building or buildings
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 are treated by incineration or other
effective means for removal or destruction of odorous matter or other
air contaminants before discharge into the open air.
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(12.0) Regulation XVII EMISSION OF VISIBLE AIR CONTAMINANTS FROM INTERNAL
(50.1.2) COMBUSTION ENGINES
A. No person shall cause or permit the emission of visible air contami-
nants from any internal combustion engine for more than 10 consecu-
tive seconds at any one time.
B. When the presence of uncombined water is the only reason for failure
of an emission to meet the requirements of this regulation, the
provisions of this regulation shall not apply.
(2.0) Regulation XVIII APPROVAL OF PLANNED INSTALLATIONS
A. Definitions:
1. Commenced -- an owner or operator has undertaken a continuous
program of construction or modification or that an owner or
operator has entered into a binding agreement or contractual
obligation to undertake and complete, within a reasonable time,
a continuous program of construction or modification.
2. Construction -- fabrication, erection, or installation.
3. Modification -- any physical change in, or change in method of
operation of, an air contaminant source which increases the
amount of any air pollutant emitted by such source or which re-
sults in the emission of any air pollutant not previously emitted,
4. Startup -- the setting in operation of a source for any purpose.
5. -Owner or operator -- any person who owns, leases, operates, con-
trols or supervises an air contaminant source.
B. General
1. No owner or operator shall commence construction or modification
of any air contaminant source after the effective date of this
regulation without first obtaining a permit from the Executive
Secretary.
2. Each application for a construction permit shall be accompanied
by site information, plans, descriptions, specifications, and
drawings showing the design of the source, the nature and amount
of emissions, and the manner in which it will be operated and
controlled.
3. Any additional information, plans, specifications, evidence or
documentation that the Executive Secretary may require shall
be furnished upon request.
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4. The Executive Secretary shall determine if the ambient air
quality standards in the vicinity of the source are being
exceeded, and shall determine the impact on the ambient air
quality standards from the source prior to granting a permit
to construct or modify. No permit to construct or modify shall
be issued if it is determined that the proposed source will
prevent the attainment or maintenance of ambient air quality
standards, or violate any of the regulations pursuant to
Chapter 203, RSMo.
5. Upon receipt of an application, the Executive Secretary shall
act promptly, and shall notify the applicant in writing of his
approval, conditional approval, or denial of the application.
The Executive Secretary will set forth his reasons for any
denial.
6. The Executive Secretary may impose any reasonable conditions,
upon a permit, including conditions requiring the source to be
provided with:
a. Sampling ports of a suitable size, number and location,
b. Safe access to each port,
c. Instrumentation to monitor and record emission data, and
d. Other sampling and testing facilities.
7. A permit may be cancelled if construction or modification
work is not begun within two (2) years from the date of issuance,
or if work is suspended for one (1) year.
8. Any owner or operator subject to the provisions of this regula-
tion shall furnish the Executive Secretary written notification
as follows:
a. A notification of the anticipated date of initial startup
of source not more than 60 days or less than 30 days prior
to such date.
b. A notification of the actual date of initial startup of
a source within 15 days after such date.
9. Within 60 days after achieving the maximum production rate at
which the source will be operated, but not later than 180
days after initial startup of such source, the owner or operator
of such source shall conduct performance test(s) in accordance
with methods ana under operating conditions approved by the
Executive Secretary and furnish the Executive Secretary a
written report of the results of such performance test.
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a. Such tests shall be at the expense of the owner or operator.
b. The Executive Secretary may monitor such tests and may also
conduct performance tests.
c. The owner or operator of a source shall provide the Executive
Secretary 15 days prior notice of the performance test to
afford the Executive Secretary the opportunity to have an
observer present.
10. Approval to construct shall not relieve any owner or operator
of the responsibility to comply with other local, state and
federal regulations.
C. Exceptions:
1. Fuel burning equipment which use gas or oil or grade #3 or light-
er for space heating, air conditioning, or heating water; is
used in a private dwelling; or has a heat input as specified by
the manufacturer or designer of less than 350,000 BUT's per hour.
2. Mobile internal combustion engines.
3. The construction of a private residence.
4. Portable equipment including, but not limited to rock crushers,
asphalt plants, and concrete batching plants shall be exempted
from the requirements of this regulation after an initial permit
has been obtained, provided that:
a. Each new location is reported to the Executive Secretary
as early as possible, but in no case later than fourteen
(14) days prior to ground breaking or initial equipment
erection.
b. The equipment that was originally approved, shall be operated
and maintained in a manner identical to that as specified
in the initial construction permit.
5. Planned periodic modification of air contaminant sources shall
be exempted from the requirements of this regulations, provided
that:
a. A prior permit has been obtained for all planned air contami-
nant sources, and,
b. Each modification be reported to the Executive Secretary
as soon as possible, and,
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c. The prior permit contains provisions for controlling
emissions from all probable air contaminant sources that
may be expected to come into existence as a result of the
periodic modification.
6. Other sources of minor significance specified by the Executive
Secretary.
(9.0) Regulation XIX MEASUREMENT OF EMISSIONS OF AIR CONTAMINANTS
A. Responsible Persons to Have Tests Made
The Executive Secretary may require any person responsible for emission
of air contaminants to make or have made tests to determine the
emission of air contaminants from any source, whenever the Executive
Secretary has reason to believe that an emission in excess of that allow-
ed by an air pollution regulation is occurring. The Executive Secretary
may specify testing methods to be used in accordance with good pro-
fessional practice. The Executive Secretary may observe the testing.
All tests shall be conducted by reputable, qualified personnel.
The Executive Secretary shall be given a copy of the test results in
writing and signed by the person responsible for the tests.
B. Executive Secretary May Make Tests
The Executive Secretary may conduct tests of emissions of air contami-
nants from any source. Upon request of the Executive Secretary the
person responsible for the source to be tested shall provide necessary
holes in stacks or ducts and such other safe and proper sampling and
testing facilities, exclusive of instruments and sensing devices as
may be necessary for proper determination of the emission of air contami-
nants.
(13.0) Regulation XX SUBMISSION OF EMISSION INFORMATION
A. General Provisions
1. The owner or operator of any source shall, upon notification from
the Executive Secretary, maintain records of the nature and
amounts of emissions from such source and/or any other informa-
tion as may be deemed necessary by the Executive Secretary to
determine whether such source is in compliance with applicable
emission limitations or other control measures.
2. The information recorded shall be reported to the Executive
Secretary on a semiannual basis commencing with the first
full semiannual period after the Executive Secretary's notifi-
cation to such owner or operator of the record-keeping require-
ments. The semiannual periods are January 1 to June 30 and
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4.
July 1 to December 31, except that the initial reporting period
shall commence on the date the Executive Secretary issued noti-
fication of the record keeping requirements.
The records required by this regulation shall be completed on
forms furnished by or satisfactory to the Executive Secretary,
and shall be submitted within 45 days after the end of each
reporting period.
All information collected or recorded in accordance with the
provisions of this regulation shall be retained by the owner
or operator for two (2) years after the date on which the per-
tinent report is submitted.
(51.16) Regulation XXI
A. General
REQUIREMENTS FOR CONSTRUCTION OF NEW GASOLINE STORAGE
FACILITIES
1. For purposes of this regulation, the term "gasoline" is defined
as petroleum distillate having a Reid vapor pressure of 4 pounds
or greater.
2. For purposes of this regulation, the term "submerged fill pipe"
is defined as any fill pipe the discharge opening of which is
entirely submerged when the liquid level is 6 inches above the
bottom of the tank. "Submerged fill pipe" when applied to a
tank which is loaded from the side is defined as any fill pipe
the discharge opening of which is entirely submerged when the
liquid level is 18 inches above the bottom of the tank.
B. Petroleum Storage Tanks
1. After the effective date of this regulation, no person shall
build or install or permit the building or installation of any
stationary tank, reservoir or other container of more than
40,000 gallons capacity which will or might be used for storage
of any petroleum distillate having a vapor pressure of 1.5
pounds per square inch absolute or greater under actual storage
conditions, unless such tank, reservoir or other container is
to be a pressure tank capable of maintaining working pressures
sufficient at all times to prevent hydrocarbon vapor or gas
loss to the atmosphere or is designed and will be built, and
equipped with one of the following vapor loss control devices:
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a. A floating roof, consisting of a pontoon type or double
deck type roof, which will rest on the surface of the liquid
contents and be equipped with a closure seal* or seals, to
close the space between the roof edge and tank wall. The
control equipment to be provided for in this subsection B(l)
shall not be permitted if the gasoline or petroleum dis-
tillate to be stored will have a vapor pressure of 12,0
pounds per square inch absolute or greater under actual
storage conditions. All tank gauging and sampling devices
shall be built so as to be gas-tight except when gauging
or sampling is to take place.
b. A vapor recovery system, consisting of a vapor-gathering
system capable of collecting the hydrocarbon vapors and
gases discharged and a vapor disposal system capable of
processing such hydrocarbon vapors and gases so as to pre-
vent their emission to the atmosphere and with all tank
gauging and sampling devices gas-tight except when gauging
or sampling is taking place.
c. Other equipment or means of equal efficiency for purposes
of air pollution control as may be approved by the Executive
Secretary.
C. Submerged Fill Pipes Required
1. After the effective date of this regulation, no person shall
build or install or permit the building or installation of a
stationary gasoline storage tank with a capacity of 250
gallons or more unless such tank is equipped with a permanent
submerged fill pipe or is a pressure tank as described in
subsection B(l) of this regulation, or is fitted with a vapor
recovery system as described in subsection B(l)(b) of this
regulation.
(2.0) Regulation XXII CIRCUMVENTION
No person shall cause or permit the installation or use of any device
of any means which, without resulting in reduction in the total amount
of air contaminant emitted, conceals or dilutes an emission of air con-
taminant which would otherwise violate an air pollution control regu-
lation. This regulation shall not apply when the only violation invol-
ved is violation of a regulation based on concentration or presence of
one or more air contaminants at locations beyond the premises on which
a source or sources are located.
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(2.0) Regulation XXIII ADDITIONAL AIR QUALITY CONTROL MEASURES MAY BE RE-
QUIRED WHEN SOURCES ARE CLUSTERED IN A SMALL LAND
AREA
A. Areas to Which This Regulation Applies
1. This regulation shall apply to areas in which there are one or
more existing sources and/or proposed new sources of particulate
matter in any circular area with a diameter of two miles (in-
cluding sources outside metropolitan area) from which the sum
of particulate emissions allowed from such sources by regulations
of general application are or would be greater than 2,000 tons
per year or 500 pounds per hour.
2. This regulation shall apply in areas in which there are one
or more existing sources and/or proposed new sources of sulfur
dioxide in any circular area with a diameter of two miles from
which the sum of sulfur dioxide emissions from such sources
allowed by regulations of general application are or would be
greater than 1,000 tons for any consecutive three months or
1,000 pounds per hour.
B. Air Conservation Commission May Prescribe More Restrictive Air
Quality Control Measures
1. In areas where this regulation applies, as specified in Section
A herein,the Air Conservation Commission may prescribe air
quality control requirements that are more restrictive and
more extensive than provided in regulations of general appli-
cation.
(6.0) Regulation XXIV TIME SCHEDULE FOR COMPLIANCE
Except as ^otherwise specified, compliance with the provisions of these
regulations shall be according to the following time schedule:
A. All new installations shall comply as of going into operation,
B. All existing installations not in compliance as of the effective
date shall be in compliance within six months of the effective
date unless the owner or person responsible for the operation of
the installation shall have submitted to the Executive Secretary
in a form and manner satisfactory to him, a program and schedule
for achieving compliance, such program and schedule to contain a
date on or before which full compliance will be attained, and
such other information as the Executive Secretary may require. If
approved by the Executive Secretary such date will be the date on
which the person shall comply.
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The Executive Secretary may require persons submitting such program to
submit subsequent periodic reports on progress in achieving compliance..
(8.0) Regulation XXV RULES FOR CONTROLLING EMISSIONS DURING PERIODS OF
HIGH AIR POLLUTION POTENTIAL
A. General Provisions
1. This regulation shall apply to all emissions from any source
or any premises.
2. It may apply to all or part of the metropolitan area depending
upon which pollutant fulfills the requirements of subsection B(2)
below, and whether or not air sampling reveals only a localized
problem.
B. Air Pollution Alerts and Emergencies.
1. Alert and emergency level values are stated as:
a. • the product of the hourly sulfur dioxide concentration in
parts per million, and the hourly particulate concentration
in CoH per 1000 linear feet, or
b. the concentrations of S02, CO, or oxidant.
The basis of reference for the State of Missouri data shall be:
Sulfur dioxide as measured by the continuous modified West-
Gaeke method referenced in Regulation XIV A(7) or any other
method standardized against such; particulates as measured by
the automatic paper-tape sampler method, "ASTM Standard Method
of Test for Particulate Matter in the Atmosphere, Optical Density
of Filtered Deposit, D-1704-61"; Carbon monoxide as measured
by the infrared spectrophotometer method, MSA Bulletin No.
0705-10, Instrument Division, Pittsburgh, Pennsylvania; photo-
chemical oxidants as measured by "Analytical Methods of the
'Intersociety Committee on Methods for Ambient Air Sampling
and Analyses', Health Laboratory Science, 1970".
2. Alert Values:
a. Yellow Alert Value -- Any one of the following shall initiate
the Yellow Alert:
1. Product reaching 1.0 at any sampling station.
2. Sulfur dioxide concentration reaching 0.36 ppm at any
sampling station.
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3. Photochemical oxidant concentration reaching .13 ppm
at any sampling station.
4. Carbon monoxide concentration reaching 30 ppm at any
station.
b. Red Alert value -- Any one of the following shall initiate
the Red Alert:
1. Product reaching 1.5 at any sampling station.
2. .Sulfur dioxide concentration reaching .75 ppm at any
sampling station.
3. Photochemical oxidant concentration reaching .3 ppm
at any sampling station.
4. Carbon monoxide concentration reaching 40 ppm at any
station.
c. Emergency Alert value -- Any one of the following shall
initiate an Emergency Alert:
1. Product reaching 2.5 at any sampling station.
2. Sulfur dioxide concentration reaching 1 ppm at any
sampling station.
3. Photochemical oxidant concentration reaching .60 ppm
at any sampling station.
4. Carbon monoxide concentration reaching 60 ppm at any
station.
C. Air Pollution Watch.
1. Air Pollution Watch procedures shall be initiated by the Executive
Secretary upon receipt of a 36 hour high air pollution potential
advisory (HAPPA) from the Environmental Science Services
Administration (ESSA) Weather Bureau for an area including all
or part of the metropolitan area.
2. The following Watch procedures shall apply:
a. Notify the technical staff, the chairman, and members of the
Missouri Air Conservation Commission that Watch conditions
exist.
b. Notify all affected governmental control agencies that Watch
conditions exist, and that coordination of action is required.
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c. Increase the frequency of air monitoring at all sampling
stations which are not continuous at intervals not exceed-
ing 2 hours, with continual hourly review, at a central
control location.
d. Inform the general public through the news media that a high
air pollution potential exists, the area or areas where high
initial readings have been obtained from sampling, and en-
courage persons suffering from respiratory ailments or
heart conditions to take whatever precautions are most appro-
priate.
e. Backyard incineration, including the open burning of leaves,
tree trimmings, garbage, and other refuse shall be prohibi-
ted throughout the entire metropolitan area.
f. All variances or permits allowing open burning shall be.
temporarily rendered invalid for the duration of the high
air pollution potential.
g. Facilities which are sources of air contaminant emissions
and are required to file approved alert plans with the
Executive Secretary shall be notified that Watch conditions
exist. All such industries shall be requested to voluntarily
begin actions to reduce emissions of air contaminants from
their operations, consistent with the provisions of their
Yellow Alert plans. See Table I.
h. The Executive Secretary may request through the news media
that the use of automobiles be restricted to necessary driving
only.
D. Yellow Alert
1. Yellow Alert procedures shall be initiated by the Executive
Secretary if a high air pollution potential exists, and the
following requirements are met:
a. The Yellow Alert values are equalled or exceeded as the
arithmetic mean for 4 consecutive hours at any one sampling
station within the HAPPA advisory area, unless there is a
current ESSA Weather Bureau forecast of meteorological
improvement within the next 24 hours.
2. The following Yellow Alert procedures shall apply:
a. Notify the technical staff, the chairman, and members of the
Missouri Air Conservation Commission that Yellow Alert
conditions exist.
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b. Notify all affected governmental control agencies that
Yellow Alert conditions exist, and that coordination of
action is required.
c. Notify all hospitals within the affected area that Yellow
Alert conditions exist.
d. Increase the frequency of air monitoring at all sampling
stations which are not continuous at intervals not exceeding
1 hour, with continual hourly review at a central control
location.
e. Inform the general public through the news media that a
Yellow Alert exists, the geographical area or areas where
the alert is applicable, the emission and type of source or
sources that initiated the alert, individual abatement actions
which will help alleviate the problem, and encourage those
with respiratory ailments or heart conditions to take the
most appropriate and expedient precautions.
f. The Executive Secretary shall request very emphatically
through the news media that all unnecessary use of automo-
biles be restricted, and that all entertainment functions
and facilities be closed.
g. Facilities which are sources of air contaminant emissions
and are required to file approved alert plans with the
Executive Secretary for Yellow Alert Conditions shall
initiate such plans upon notification by the Executive
Secretary. See Table I.
h. No open burning will be allowed anywhere within the metro-
politan area.
E. Red Alert
1. Red Alert procedures shall be initiated by the Executive
Secretary, if the following requirements are met:
a. A 36 or 24-hour high air pollution potential advisory
(HAPPA) from the ESSA Weather Bureau is in effect for all
or part of the metropolitan area.
b. The Red Alert values equalled or exceeded as the arithmetic
mean for 4 consecutive hours at any one monitoring station
within the area.
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The Red Alert can also be initiated if:
a. The Red Alert value is equalled or exceeded as the arith-
metic mean for 12 consecutive hours, and a HAPPA forecasts
stagnation for the following 12 hours, or
b. The Yellow Alert value is equalled or exceeded as the
arithmetic mean for 24 consecutive hours and a forecast
of stagnation for the following 12 hours is received.
2. The following Red Alert procedures shall apply:
a. Notify the technical staff, the chairman and members of
the Missouri Air Conservation Commission that Red Alert
conditions exist.
b. Notify all affected governmental control agencies that
Red Alert conditions exist and that coordination of action
is required.
c. Notify all hospitals within the affected area that Red
Alert conditions exist.
d. Increase, if necessary, the frequency of air monitoring
at all sampling stations which are not continuous at inter-
vals not exceeding 1 hour with continual hourly review at
a central control location.
e. Inform the general public through the news media that a
Red Alert eixsts, the geographical area or areas where the
alert is applicable, the emission and type of source or
sources that initiated the alert, individual abatement
actions which will help alleviate the problem, and encourage
those with respiratory ailments or heart conditions to take
the most appropriate and expedient precautions.
f. Airlines operating within the Red Alert area shall be noti-
fied that such conditions exist, and that a reduction of
flights out of the airport may be required.
g. Non-local vehicular traffic may be diverted around the Red
Alert area depending upon which pollutant or pollutants
caused the alert.
h. Local vehicular traffic shall through the news media be
told to avoid certain areas, and emphatically told to
restrict non-essential trips.
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i. All incineration and open burning shall cease, regardless
of location.
j. Facilities which are sources of air contaminant emissions
and are required to file approved alert plans with
the Executive Secretary for Red Alert conditions shall
initiate such plans upon notification by the Executive
Secretary. See Table II.
F. Air Pollution Emergency
1. Emergency procedures shall be initiated by the Executive
Secretary, if the following requirements are met:
a. A 36 or 24-hour high air pollution potential advisory
(HAPPA) from the ESSA Weather Bureau is in effect for all
or part of the metropolitan area.
b. The air pollution emergency values are equalled or exceeded
as the arithmetic mean of 4 consecutive hours at any one
monitoring station.
The air pollution emergency procedures can also be initiated if:
a. The air pollution emergency value is equalled or exceeded
as the arithmetic mean of 12 consecutive hours and a fore-
cast of stagnation for the following 12 hours is received,
or
b. The Red Alert is equalled or exceeded as the arithmetic
mean for 24 hours and a forecast of stagnation for the
following 12 hours is received, or
c. The Yellow Alert value is equalled or exceeded as the
arithmetic mean for 26 hours and a forecast of stagnation
for the following 12 hours is received.
2. The following emergency procedures shall apply:
a. Notify the technical staff, the chairman, and members of
the Missouri Air Conservation Commission that an emergency
exists.
b. Notify all affected governmental control agencies that an
emergency exists, and that coordination of action is re-
quired.
c. Notify all hospitals within the affected area that an
emergency exists, and to be so prepared.
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d. Increase, if necessary, the frequency of air monitoring at
all sampling stations which are not continuous at intervals
not exceeding 1/2 hour with continual half-hour review at
a central control location.
e. Open burning and incineration shall cease throughout the
area.
f. Facilities which are sources of air contaminant emissions
and are required to have filed approved plans with the
Executive Secretary shall initiate such plans upon notifi-
cation by the Executive Secretary or his representative
that air pollution emergency conditions exist. See Table III.
g. The use of motor vehicles is prohibited except in emergencies
with the approval of local or state police.
h. All manufacturing facilities except those listed in F(2),(f)
shall institute such action as will result in maximum
reduction of air contaminants from their operations by
ceasing, curtailing, or postponing operations to the extent
possible without causing injury to persons or damage to
equipment.
i. All airplane flight originating within the area of the air
pollution emergency shall be cancelled.
j. All places of employment described below shall immediately
cease operation during the air pollution emergency:
• Mining and Quarrying
• Contract Construction Work
• Wholesale Trade Establishments
• Schools and Libraries
• Governmental agencies except those needed to administer air
pollution alert programs and other essential agencies deter-
mined by the Executive Secretary to be vital for public safety
and welfare and needed to administer the provisions of these
regulations.
• Retail trade stores except those dealing primarily in sale
of food or pharmacies
• Banks, real estate agencies, insurance offices and similar
businesses.
• Laundries, cleaners and dryers, beauty and barber shops and
photographic studios.
• Amusement and recreational service establishments such as
motion picture theaters.
• Automobile repair and automobile service garages.
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Advertising offices, consumer credit reporting, adjust-
ment and collection agencies, printing and duplicating
services, rental agencies and commercial testing labora-
tories.
G. Termination of Alerts
When in the judgment of the Executive Secretary meteorological condi-
tions and pollutant concentrations are such to warrant discontinuance
of any alert condition, he shall notify the technical staff, the chairman,
and members of the Missouri Air Conservation Commission that the alert
has been discontinued, and issue a public notice to that effect.
TABLE I
YELLOW ALERT PLAN OBJECTIVES
Air Contaminant
Source
Requirements for Plan
1. Electric Power
Generating
Facilities
la. Reduction of emission by utilization of
fuels having low ash and sulfur content.
b. Soot blowing and boiler lancing to be
allowed only during periods of high at-
mospheric turbulence (10:00 a.m. to
2:00 p.m.)
c. Reduction of emissions by diverting elec-
tric power generation to facilities out-
side of area for which the alert is called.
2. Process Steam Gen-
erating Facilities
having a rated heat
input in excess of
10 million BTU/hr
burning coal or fuel
oil.
2a. Reduction of emissions by utilization of
fuels having low ash and sulfur content.
b. Soot blowing and boiler lancing to be
allowed only during periods of high at-
mospheric turbulence (10:00 a.m. to 2:00
p.m.)
c. Reduction of steam load demands consistent
with continuing the operation of the plant.
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Air Contaminant
Source
Requirements for Plan
3. Manufacturing indus-
tries of the follow-
ing (SIC) group de-
signations which em-
ploy more than twenty
(20) employees at any
one location:
Paper and Allied
Products Industries
Group 26
Chemicals and Allied
Products Industries
Group 28
Petroleum Refining
and related indus-
tries
Group 29
Stone, Glass; Clay
and Concrete Product
Industries
Group 32
Primary Metals
Industries
Group 33
3a. Reduction of air contaminant emis-
sions by curtailing, postponing,
or deferring production and allied
operations.
Stop all trade waste disposal
practices which emit particles,
gases, vapors or malodorous sub-
stances including incineration.
Reduction of heat load demands
for processing to a minimum
4. Other manufacturing
facilities required to
submit alert plans by
the Executive
Secretary.
4a. Reduction of air contaminant emis-
sions by curtailing or deferring
production and allied operations.
b. Stop all trade waste disposal
practices which emit particles,
gases, vapors or malodorous sub-
stances including incineration.
c. Reduction of heat load demands for
processing to a minimum.
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Air Contaminant
Source
Requirements for Plan
5. Public and commercial
refuse disposal opera-
tions
5a. Stop all open burning including
disposal of diseased trees and
burning at fire fighting schools.
b. Operation of incinerators shall be
limited to the hours between 10:00
a.m. and 2:00 p.m.
TABLE II
RED ALERT PLAN OBJECTIVES
All Yellow Alert plans shall be continued. In addition, the following
steps shall be taken.
Air Contaminant
Source
Requirements for Plan
Process steam genera-
ting facilities having
a rated heat input in
excess of 10 million
BTU/hr burning coal or
fuel oil.
Manufacturing industries
of the following SIC
Group designations which
employ more than twenty
(20) employees at any
one location:
Paper and Allied Products
Industries Group 26
Chemical and Allied Pro-
ducts Industries
Group 28
la. Maximum reduction of air contaminant
emissions by utilization of fuels
having the lowest ash and sulfur
content.
b. Maximum utilization of periods of
high atmospheric turbulence (10:00
a.m. to 2:00 p.m.) for soot blowing
and boiler lancing.
2a. Maximum reduction of air contaminant
emission by, if necessary, postponing
production and allied operations.
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Air Contaminant
Source
2. Petroleum Refining and
Related
Industries Group 29
Stone, Glass, Clay and
Concrete Product
Industries Group 32
Primary Metals
Industries Group 33
Requirements for Plan
2b. Maximum reduction of heat load
demands for processing.
3. Other manufacturing
facilities required to
submit alert plans by
the Executive Secretary.
3a. Maximum reduction of air contami-
nant emissions by, if necessary,
postponing production and allied
operations.
4. Public and commercial
refuse disposal opera-
tions.
4a. Stop operation of all incinerators.
TABLE III
AIR POLLUTION EMERGENCY PLAN OBJECTIVES
All Yellow and Red Alert plans shall be continued.
following steps shall be taken:
In addition, the
Air Contaminant
Source
1. Process steam generating
facilities having a
rated heat input in ex-
cess of 10 million BTU/hr
burning coal or fuel oil
Requirements for Plan
la. Maximum reduction of air contaminant
emissions by reducing heat and steam
load demands to values consistent
with preventing equipment damage.
b. Maximum utilization periods of
high atmospheric turbulence (10:00
a.m. to 2:00 p.m.) for soot blowing
and boiler lancing.
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Air Contaminant
Sou rce
2. Manufacturing industries
of the following SIC
Group designations which
employ more than twenty
(20) employees at any
one location:
Paper and Allied Products
Industries Group 26
Chemicals and Allied Pro-
ducts Industries
Group 28
Petroleum Refining and
Related Industries
Group 29
Stone, Glass, Clay and
Concrete Product Indus-
tries Group 32
Primary Metals Industries
Group 33
Requirements for Plan
2a. Elimination of air contaminant
emissions from the 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.
3. Other manufacturing
facilities required to
submit alert plans by
the Executive Secretary
3a. Elimination of air contaminant
emissions from the manufacturing
operation by ceasing, curtailing,
postponing or deferring production
and allied operations to the extent
possible without causing injury
to persons or damage to equipment.
b. Maximum reduction of heat load de-
mands for processing.
(14.0) Regulation XXVI PUBLIC AVAILABILITY OF EMISSION DATA
Emission data obtained from owners or operators of emission sources will be
correlated with applicable emission limitations and other control measures,
and will be made available to the public upon request.
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AIR POLLUTION REGULATIONS
FOR
SPRINGFIELD, MISSOURI
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CITY OF SPRINGFIELD
AIR POLLUTION REGULATIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SPRINGFIELD, MISSOURI,
as follows:
(2.0) Section 1 - That the Springfield City Code be and the same is hereby
amended by adding thereto one new chapter to be known as Chapter 2A
relating to and providing for air pollution control standards within
the City of Springfield, Missouri, and reading as follows:
CHAPTER 2A
AIR POLLUTION CONTROL STANDARDS
(2.0)
ARTICLE I
IN GENERAL
(2.0) Sec. 2A-1. Purpose.
The provisions of this chapter are designed to prevent and control air
pollution within the City of Springfield, Missouri, by establishing
ambient air quality controls and emission standards, declaring emissions
which fail to meet such standards to be unlawful and a public nuisance,
prescribing duties of the Director of Health for the City of Spring-
field, Missouri, prescribing penalties for the violation of this chapter,
and prescribing procedures by which the provisions of this chapter may
be executed.
(1.0) Sec. 2A-2. Definitions.
The following terms when used in
meanings ascribed thereto unless
where in this chapter:
this chapter shall have the following
specifically provided otherwise else-
DEFINITIONS
Air Contaminant: Any gaseous, liquid or solid matter which,
when present in the atmosphere, contributes to a condition of
air pollution, including but not limited to dust, sooty mists,
smoke, fumes, fly ash, cinders, gases, vapor and odors.
Air Pollution: The presence in the outdoor atmosphere of one
or more air contaminants or combinations thereof, in such
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quantities and of such duration that they are or may tend to be
injurious to human, plant or animal life, or property, or that
interferes with the reasonable enjoyment of life and property
or the conduct of business.
3. Control Equipment: Any equipment that has the function to pre-
vent the formation of or the emission to the atmosphere of air
contaminants from any fuel burning equipment, incinerator, or
process equipment.
4. Director of Health: The Health Director of the City of Spring-
field or his duly authorized agent.
5. Existing Equipment: Things such as equipment, machines, devices,
articles, contrivances or installations which are installed or
have been acquired by the ultimate user at the time this chapter
becomes effective; except any such equipment, machine, device,
article, contrivance or installation other than a foundry cupola
which is altered, repaired, modified or rebuilt at a cost of 30
per cent or more of the replacement cost, not including the cost
of air pollution control equipment, within any twelve month
period after the effective date of this chapter, or changed so
as to significantly alter its emission characteristics, shall be
classified as "new".
6. Fuel Burning Equipment: Any equipment, device, or contrivance
used for the burning of any fuel, except refuse, and all appur-
tenances thereto, including ducts, breechings, fly ash collecting
equipment, fuel feeding equipment, combustion controls, stacks
and chimneys, used for indirect heating in which the material
being heated is not contacted by, and adds no substance to, the
products of combustion. Fuel burning equipment typically includes
that used for heating water to boiling; raising steam or super-
heating steam; heating air as in a warm air furnace; furnishing
process heat indirectly through its transfer fluids.
7. Incinerator: Any article, machine, equipment, contrivance,
structure, or part of a structure used to burn refuse or to
process refuse material by burning other than by open burning
as defined herein.
8. Foundry Cupolas: A vertical cylindrical furnace with tuyeres
and tapping spouts near the bottom used for melting iron in a
foundry.
9. Multiple-Chamber Incinerator: Any incinerator consisting of
three or more refractory lined combustion furnaces in series,
physically separated by refractory walls, interconnected by
.gas passage ports or ducts and employing adequate design para-
meters necessary for maximum combustion of the material to be
burned, the refractories having a Pyrometric Cone Equivalent
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of 31, testing according to the method prescribed by the American
Society for Testing and Materials Method No. C-24-56, as set
forth in Section 2A-51 of this chapter.
10. New Equipment: Things such as equipment, machines, devices,
articles, contrivances or installations acquired by the ultimate
user or installed on or after the effective date of this chapter,
and things or installations existing at said time other than
foundry cupolas which are later altered, repaired, modified or
rebuilt at a cost of 30 per cent or more of the replacement cost
(but not including the cost of air pollution control equipment)
within any twelve month period after the effective date of this
chapter, or things or installations existing at said stated time
which are later changed so as to significantly alter their emis-
sion characteristics.
11. Opacity: State of material which renders it partially or wholly
impervious to rays of light when observed by a human being.
12. Open Burning: The burning of any materials where air contaminants
resulting from combustion are emitted directly into the ambient
air without passing through a stack or chimney from an enclosed
chamber. For the purposes of this definition, a chamber shall
be regarded as enclosed, when during the time combustion takes
place, only such apertures, ducts, stacks, flues or chimneys as
are necessary to provide combustion air and to permit the escape
of exhaust gases are open.
13. Particulate Matter: Any material, except uncombined water, that
exists in a finely divided form as a liquid or solid at standard
conditions.
14. Person: Same as defined in Section 1-2 of this Code.
15. Process Equipment: Any equipment, device or contrivance for
changing any material whatever, or for storage or handling of
any materials, the use or existence of which may cause any dis-
charge of air contaminants into the outdoor atmosphere but not
including the equipment specifically defined as "fuel burning
equipment", "incinerator", or "control equipment" in this chapter.
16. Process Weight: The total weight of all materials introduced
into source operation, including solid fuels, but excluding
liquids and gases used solely as fuels, and excluding air intro-
duced for the purposes of combustion.
17. Process Weight Rate: A rate established as follows:
(a) For continuous or long-run steady-state source opera-
tions, the total process weight for the entire period
of continued operation or for a typical period thereof,
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divided by the number of hours such period or portion
thereof.
(b) For cyclical or batch source operations, the total
process weight for a period that covers a complete
operation or an integral number of cycles, divided
by the hours of actual process operation during such
a period.
Where the nature of any process or operation or design of any
equipment is such as to be reasonably described by both paragraphs
(a) and (b) of the definition of process weight rate, then in
that event, the interpretation resulting in the minimum value
for allowable emissions shall apply.
18. Refuse: Garbage, rubbish, trade wastes, leaves, salvageable
material, agricultural wastes, or other wastes.
19. Registration: The notification of the air pollution control agency
in the manner prescribed by the Director of Health of the instal-
lation, alteration or existence of fuel burning equipment, process
equipment, incinerators or control equipment.
20. Ringelmann Chart: "Ringelmann's Scale for Grading the Density of
Smoke" as published in U.S. Bureau of Mines Information Circular
8333, as set forth in Section 2A-52 of this chapter.
21. Seal for Sealing Equipment: A device installed by the Director
of Health so as to prevent use of the process equipment, fuel
burning equipment, incinerators or control equipment causing a
violation or from which a violation of this chapter originates.
22. Source Operation: The last operation preceding the emission of
an air contaminant, which operation (a) results in the separation
of the air contaminant from a material or in the conversion of a
material into air contaminants, and (b) is not solely an air
pollution abatement operation.
23. Stack or Chimney: A stack, chimney, flue, conduit or opening
arranged for the emission into the outdoor atmosphere of air con-
taminants.
24. Standard Conditions: A gas temperature of 60 degrees Fahrenheit
and a gas pressure of 14.7 pounds per square inch absolute.
25. Trade Waste: A waste material or product resulting from con-
struction operation or the prosecution of any business, trade
or industry, or from any demolition operation.
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(2.0) ARTICLE II
ADMINISTRATIVE ORGANIZATION
(15.0) Sec. 2A-3. Director of Health to enforce chapter.
It shall be the duty of the Director of Health for the City of Springfield
to investigate and take actions within the scope of his power and within
the range of this chapter to prevent and abate sources of air pollution.
(15.0) Sec. 2A-4. Specific powers of Director of Health.
The Director of Health shall have the power and duty to:
(a) Make such inspections and tests deemed necessary by the Director
of Health to determine compliance with the provisions of this
chapter;
(b) Require the submission of air contaminant emission information
as needed for the purpose of emission inventory and registration
of equipment on forms provided by the Director of Health;
(c) Determine the equipment to be registered, the persons to submit
registration, the information required and the means for main-
taining current status of the registration;
(d) Investigate all complaints of violations of this chapter and
issue notices and orders granting a reasonable time to comply
with the provisions of this chapter;
(e) Institute necessary proceedings to secure abatement of violations
of this chapter;
(f) Advise planning and zoning agencies regarding air pollution
aspects of planning and zoning functions in order to prevent
land use conflicts resulting in air pollution problems;
(g) Make recommendations regarding needed revisions in this, or any
other law or ordinance pertaining to air pollution;
(h) Collect and disseminate information on air pollution control;
(i) Carry out a continuing program of outdoor air monitoring to
evaluate air quality in the City of Springfield;
(j) Review those matters having a bearing upon air pollution, referred
by other agencies (such as planning, zoning, building and fire
departments) and make reports and recommendations where necessary;
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(k) Encourage the voluntary cooperation of civic, tehcnical, scien-
tific, and educational societies to achieve the purposes of this
chapter;
(1) Prepare and develop a comprehensive plan or plans for the pre-
vention, abatement and control of air pollution;
(m) Plan and implement a continuing inventory of air pollutant emis-
sions.
(16.0) Sec. 2A-5. Establishment of Board of Air Pollution Appeals.
The City Manager with the consent of the City Council of the City of
Springfield shall appoint a Board of Air Pollution Appeals. The Board
shall consist of five (5) members each of whom shall serve a term for
four (4) years and until his successor shall have been appointed. Of
the initial appointments to the Board, two of the five members shall be
appointed for a term of two years with their successors to be appointed
for a full term thereafter. The members of the Board shall consist of
a licensed physician knowledgeable in the health effects of air pollu-
tion, a professional engineer experienced and competent in matters of
air pollution control, a practicing attorney, a representative of City
government and a member of the community at large. All of the members
of the Board shall reside within the City of Springfield.
(2.0) ARTICLE III
APPROVAL OF PLANNED INSTALLATIONS
(3.0) Sec. 2A-6. Plans shall demonstrate compliance with this chapter before
permit shall issue.
The Building Regulations Section of the Public Works Department of the
City of Springfield shall not issue a permit for the erection, construc-
tion, reconstruction, alteration and expansion or repair of any building
or structure when the plans and specifications for such work include the
installation, modification or alteration of any fuel burning equipment
or incinerators; nor shall the said Section of the Public Works Department
issue any certificate of occupancy for any building or structure to be
used for industrial purposes; nor shall any person install any new fuel
burning equipment or incinerators; nor shall any person hereafter begin
the use of or place in operation any new fuel burning equipment or incine-
rator unless and until plans and specifications have been submitted to
the Director of Health or operational tests have been conducted suffi-
cient to demonstrate to the Director of Health that such fuel burning
equipment or incinerators are in compliance with all of the provisions
of this ordinance or that the use and occupancy of such industrial
building is in compliance with this chapter and the Director shall have
issued an operational or construction permit for the equipment. The
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Director of Health shall have a period of sixty (60) days from the sub-
mission of any such plans or the modification thereof in which to approve
or reject the plans. If they shall be approved he shall issue a permit
for the work called for by the plans, which shall be in writing. The
Director may limit a permit to construction purposes only and may require
actual trial operation prior to issuance of an operational permit for any
equipment. In the event the Director of Health shall deny a permit he
shall set forth in writing his reasons therefor and a copy thereof shall
be made available to the applicant. In the event plans shall not be
sufficient to demonstrate the adequacy of any equipment or incinerator
to meet the provisions of this ordinance, the Director of Health shall
notify the applicant of such fact in writing as soon as possible and in
what points the plan shall be deemed to be insufficient. It shall
thereupon be the duty of the applicant to submit new and additional
plans sufficient to meet the needs of the Director of Health.
(3.0) Sec. 2A-7. Permit not required - when.
No permit under Section 2A-6 shall be required for any of the following:
(a) Oil fired fuel burning equipment burning No. 1 or No. 2 fuel oil
exclusively;
(b) Gas fired fuel burning equipment;
(c) Solid fuel and residual fuel oil fired fuel burning equipment
when the maximum heat input from such fuel will not exceed
350,000 BTU per hour.
(3.0) Sec. 2A-8. Director of Health may require certification of plans in
compliance with Code.
In the event the plans, specifications or other information submitted to
the Director of Health pursuant to Section 2A-6 of this article shall
reveal complex design and/or technological ingenuity or advances of con-
siderable magnitude, then the Director of Health may, at his option,
require the applicant to file with the Director a certificate on behalf
of the applicant signed and sealed by a registered professional engineer
certifying that the plans, specifications or other information submitted
provide for an installation which will meet all of the requirements of
all of the applicable provisions and limitations of this chapter. Upon
receipt of such certification the Director of Health may issue a permit
for the work called for by said plans or specifications.
(3.0) Sec. 2A-8.1. Issuance of permit shall not excuse a failure of compliance.
The City Council of the City of Springfield hereby declares that the
duties and obligations of the Director of Health set forth in this chapter
are duties and obligations owed only to the City government and are not
owed to any individual, firm or corporation. The issuance of a permit
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by the Director of Health shall not be taken to excuse faithful compli-
ance with the terms of this chapter by any person and the existence of
such a permit shall be no defense to any action brought to enforce the
provisions of this chapter.
(50.1.2) ARTICLE IV
RESTRICTION ON EMISSION OF
VISIBLE AIR CONTAMINANTS FROM EQUIPMENT
(50.1.2) Sec. 2A-9. Limitation on emission of visible air contaminants.
No person shall discharge or permit the discharge into the outdoor
atmosphere from any single source of emission whatsoever any air con-
taminant:
(a) Of a shade or density equal to or darker than that designated
as Number 2 on the Ringelmann Smoke Chart; or
(b) Of such opacity as to obscure an observer's view to a degree
equal to or greater than does smoke of a shade or density equal
to or darker than that designated as Number 2 on the Ringelmann
Smoke Chart.
(2.0) Sec. 2A-10. Exceptions to Section 2A-9.
Notwithstanding any of the provisions of Section 2A-9 of this article,
it shall not be unlawful to discharge into the outdoor atmosphere from
any single source of emission:
(a) Air contaminants of a shade, density, or opacity equal to, but
not darker than that designated as Number 2 on the Ringelmann
Chart so long as the emission shall not exist for a period or
periods aggregating more than six minutes in any consecutive
sixty minute period, or
(b) Air contaminants of a shade, density or opacity equal to, but
not darker than that designated as Number 3 on the Ringelmann
Chart so long as the emission shall not exist for a period or
periods aggregating more than six minutes in any consecutive
sixty minute period and the emission is caused by the starting
of or cleaning of a fire, and so long as such emissions do not
occur on more than three occasions during any consecutive 24
hour period, or
(c) Air contaminants which fail to meet the requirements of Section
2A-9 only because of the presence therein of uncombined water, or
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(d) Air contaminants emanating from a foundry cupola existing at the
time of the passage of this chapter, or from an electric metal-
lurgical furnace, or
(e) Air contaminants the source of which is a fire ignited for the
purpose of training firemen or for research in fire protection
and prevention, provided that the Director of Health shall have
previously issued a permit in writing authorizing the ignition
of the fire for the purpose of training firemen or for fire re-
search and prevention purposes, or
(f) Air contaminants resulting from an unavoidable breakdown or
malfunction of equipment, or
(g) Air contaminants resulting from a charcoal or similar fire being
used for recreational purposes or being used for non-commercial
preparation of food, or
(h) Air contaminants resulting from the operation of a wood-burning
stove or a fireplace in a dwelling.
(51.5) ARTICLE V
EMISSION OF PARTICIPATE MATTER
FROM FUEL BURNING EQUIPMENT
(2.0) Sec. 2A-11. Purpose of this article.
Provisions of this article shall relate only to fuel burning equipment.
The word "fuel" shall include such things as coal, coke, lignite, coke
breeze, fuel oil, wood and natural gas, but shall not include refuse.
The word "fuel" shall also include products or by-products of a manu-
facturing process when they are burned as fuel or in conjunction with
fuel in fuel burning equipment.
(2.0) Sec. 2A-12. Determining heat content of coal.
The heat content of coal shall be determined according to the American
Society for Testing and Materials method D-27-68, "Laboratory Sampling
and Analysis of Coal and Coke", or the American Society for Testing and
Materials method D-2015-66, "Gross Calorific Value of Solid Fuel by the
Adiabatic Bomb Calorimeter", as set forth in Section 2A-53.
(2.0) Sec. 2A-13. Determining heat input.
For purposes of this article heat input of fuel burning equipment shall
be the value which the manufacturer or designer of the equipment has
guaranteed as the maximum heat input value of the equipment; but if
there should be no such manufacturer's guaranteed maximum input value
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or if it shall not be valid because the equipment has been altered, then
the heat input value of any fuel burning equipment shall be the aggregate
heat content of all fuels whose products of combustion pass through a
stack or stacks. The total heat input value of all fuel burning equip-
ment at a plant or on a premises shall be used for determining the maximum
allowable amount or particulate matter which may be emitted from the plant
or from the premises.
(9.0) Sec. 2A-14. Measurement of particulate matter emitted.
(50.1)
The amount of particulate matter emitted for the purposes of this article
shall be the total amount emitted from all stacks located at a plant or
on a premises and shall be measured according to Section 2A-25.
(51.5) Sec. 2A-15. Emission limitations on fuel burning equipment.
No person shall cause, allow or permit the emission of particulate matter
from all the stacks of fuel burning equipment at a plant or on a premises
in excess of .60 pounds for each million BTU per hour total heat input if
the total heat input of the equipment is 10 million BTU or less. If the
total heat input of the fuel burning equipment is more than 10 million
BTU, then the amount of particulate matter which may be emitted for each
1 million BTU of total heat input shall decrease as the total heat input
of the fuel burning equipment increases, as follows:
(a) No more than 0.41 pounds for each million BTU total heat input
from equipment having a total heat input of 50 million;
(b) No more than 0.35 pounds for each million BTU total heat input
from equipment having a total heat input of 100 million;
(c) No more than 0.24 pounds for each million BTU total heat input
from equipment having a total heat input of 500 million;
(d) No more than 0.21 pounds for each million BTU total heat input
from equipment having a total heat input of 1,000 million;
(e) No more than 0.17 pounds for each million BTU total heat input
from equipment having a total heat input of 2,000 million;
(f) No more than 0.14 pounds for each million BTU total heat input
from equipment having a total heat input of 5,000 million;
(g) No more than 0.13 pounds for each million BTU total heat input
from equipment having a total heat input of 7,500 million;
(h) No more than 0.12 pounds for each million BTU total heat input
from equipment having a total heat input of 10,000 million or
more.
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The amount of particulate matter which may be emitted from fuel burning
equipment having an intermediate total heat input between any of the
total heat input amounts set forth in Subsections (a) through (h) above
shall be determined either by linear interpolation, or by using the fol-
lowing equation:
log Y = 0.2332 log X - 2.0111 where X represents each million
BTU input of the total heat input and Y represents the allow-
able pounds of emissions.
(9.0) Sec. 2A-16. Tests for compliance with this article shall not be made -
when.
Compliance with the provisions of this article shall not be determined
during periods when a new fire is being built, during start-up, change
of load, fueling, during an operational breakdown or other emergency
conditions, while air pollution control equipment is being cleaned or
repaired, or during sootblowing, but shall be determined during steady-
state conditions.
(2.0) Sec. 2A-17. Certain equipment deemed to comply with this article.
The person having the control over the operation of any fuel burning
equipment used for indirect heating in any plant or on any premises may,
at his option, elect to eliminate, for the purpose of determining com-
pliance with the provisions of this article, any such fuel burning
equipment-normally scheduled to operate less than 1500 hours per year,
provided that such equipment is provided with air pollution control
equipment having a collection efficiency of not less than 85%, in which
case such indirect heating fuel burning equipment shall be deemed to
comply with the provisions of this article and shall not be considered
when determining the compliance of any other fuel burning equipment at
any plant or on any premises. The Director of Health of the City of
Springfield may require submission of proposed operating schedules of
such indirect heating fuel burning equipment in advance of operation and
submission of reports of actual operating schedules for any year.
(50.1.1) ARTICLE VI
RESTRICTION ON EMISSION OF
PARTICULATE MATTER FROM INDUSTRIAL PROCESSES
(2.0) Sec. 2A-18. General provisions of this article.
This article shall be deemed to apply to any operation, process or
activity, except the burning of fuel for indirect heating in which the
products of combustion do not come into direct contact with process
materials, and except the burning of refuse or the processing of sal-
vageable materials by burning.
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(9.0) Sec. 2A-19. Emission tests made - how.
Emission tests relating to this article shall be made in accordance with
Section 2A-25.
(2.0) Sec. 2A-20. Emission limitations in general.
Except as otherwise provided in this article no person shall cause, allow
or permit the emission into the outdoor atmosphere of particulate matter
in any one hour from any source in excess of the amount shown in Table 1
of Section 2A-54 of this chapter for the process weight allocated to such
source.
(2.0) Sec. 2A-21. Special limitations.
Notwithstanding the provisions of Section 2A-20, no person shall be re-
quired to reduce the concentration of particulate matter below the con-
centration specified in Table 2 of Section 2A-54 of this chapter based
upon the source gas volume of the emission source, except that any per-
son seeking to rely upon this section shall have the burden of establish-
ing source gas volume demonstrating to the Director of Health of the City
of Springfield the factors used to determine such volume and the methods
of determining and computing the volume and that all of such determina-
tions and methods are reasonably applicable and accurate.
(2.0) Sec. 2A-22. Allowable substitute for source gas and volume.
The volume of gases passing through and leaving an air pollution abate-
ment operation may be substituted for the source gas volume of the source
operation served by such air pollution abatement operation for the pur-
poses of Section 2A-21, provided that such air pollution abatement
operation emits no more than 40% of the weight of the particulate matter
entering therein, and provided further that the substituted volume shall
be corrected to standard conditions and to a moisture content no greater
than that of any gas stream entering the air pollution abatement opera-
tion. The burden of demonstrating the volume of gases passing through
and leaving such air pollution abatement operation shall be upon the
person seeking to use such substitute volume of gases for the source
gas volume in the same manner as the burden is imposed to establish
source gas volume under Section 2A-21.
(50.1) Sec. 2A-23. Maximum emission of particulate matter notwithstanding
Sections 2A-21 and 2A-22.
Notwithstanding the provisions of Sections 2A-21 and 2A-22 of this article,
no person shall cause, allow or permit the emission of any particulate
matter from any source in a concentration in excess of 0.30 grains per
standard cubic foot of gas, whether source gas or a volume of gas substi-
tuted therefor.
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(2.0) Sec. 2A-24. Exceptions to this article.
The provisions of this article shall not apply to:
(a) Existing foundry cupolas, provided that such existing foundry
cupolas shall be equipped with gas cleaning equipment to reduce
particulate matter discharged to the atmosphere to the level
established in Table 3 of Section 2A-54 of this chapter; or
(b) To a process during periods when a new fire is being built,
during the start-up of an operation, during an operational
breakdown, or while air pollution control equipment is being
cleaned.
(9.0) ARTICLE VII
STACK EMISSION TEST METHOD
(9.0) Sec. 2A-25. Stack emission test methods in general.
Stack emission tests for any new or existing process equipment, fuel burn-
ing equipment or control equipment or incinerator shall be undertaken by
generally recognized standard methods of measurement. The American Society
of Mechanical Engineers "Test Code for Dust Separating Apparatus," PTC 21-
1941, as set forth in Section 2A-55, and the American Society of Mechanical
Engineers "Test Code for Determining Dust Concentration in Gas Streams,"
PTC 27-1957, as set forth in Section 2A-56, may be used by the Director
of Health under most general conditions but may be modified or adjusted
by the Director of Health in order to meet specific sampling conditions
or needs based upon good engineering practice, judgment and experience.
Whenever the Director of Health shall deem it necessary or desirable to
vary from procedures prescribed above for test purposes, he shall notify
in writing the person in charge of the operation of the facility to be
tested advising of the reason for the departure from the test methods
above described and of the proposed test methods to be used. If the oper-
ator of the facility shall question the reasonableness or accuracy of the
test method proposed, he shall within ten (10) days following receipt of
notice of intent to use the test method notify the Director of Health of
the City of Springfield in writing of his objection to such proposal and
the grounds therefor. Whereupon, the Air Pollution Board of Appeals shall
be advised of such protest by the Director of Health and shall set within
a fifteen (15) days period thereafter a date for a hearing upon the pro-
posed test methods and the objection thereto and may sustain or modify the
actions of the Director of Health as it finds necessary based upon the
evidence presented to provide for reasonable and accurate testing methods
under the conditions existing.
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(9.0) Sec. 2A-26. Test facilities.
It shall be the responsibility of the person having control over the
operation of any equipment to be tested under this chapter to provide at
his expense reasonable and necessary openings in the system or stack and
safe and easy access thereto in order to permit technically valid samples
and measurements to be taken for the purposes of this chapter. All new
potential sources of air contaminants erected after the effective date
of this chapter shall at the time of construction be provided with ade-
quate openings in the system or stack, and safe and easy access thereto,
in order to permit technically valid samples and measurements to be taken
under this chapter and the plans therefor shall show such openings.
(9.0) Sec. 2A-27. Cost of emission tests.
The Director of Health may perform or have performed the necessary
emission tests at the expense of the City of Springfield, provided, how-
ever, he may accept a test conducted by a representative of the owner or
person having control over the operation of the installation on the
condition that the person so electing to conduct his own stack emission
tests shall pay for those tests regardless of their outcome. The results
of such tests will be accepted as valid only if the test method, procedure
and qualifications of those taking the test are approved by the Director
of Health.
(51.13) ARTICLE VIII
OPEN BURNING
(51.13) Sec. 2A-28. Open burning of refuse prohibited.
No person shall cause, permit or allow the open burning of refuse.
(51.13) Sec. 2A-29. Salvage operations by open burning prohibited.
On and after the 270th day following the effective date of this chapter
no person shall cause, permit or allow a salvage operation to be con-
ducted in whole or in part by open burning.
(51.13) Sec. 2A-30. Restrictions on burning of trade wastes.
On and after the 90th day following the effective date of this chapter,
no person shall cause, permit or allow the disposal of trade wastes by
open burning.
(51.13) Sec. 2A-31. Certain open burning allowed - when.
The open burning of trade wastes and vegetation shall be permitted only
when it has been shown that such open burning is reasonably necessary
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for disposal and that the disposal will not unreasonably effect the public
health, safety or welfare. Any person contending that such is the case
and desiring to engage therefor in open burning shall file a request to
do so with the Director of Health. The application shall state the
following:
(a) The name, address and telephone number of the person submitting
the application;
(b) The type of business or activity involved;
(c) A description of the proposed equipment and operating practices,
the type, quantity, and composition of material to be burned,
and the expected composition and amount of air contaminants to
be released to the atmosphere, where known;
(d) The schedule of burning operations;
(e) The exact location where the open burning will occur;
(f) Reasons why open burning is reasonably necessary for disposal
and will not unreasonably effect public health, safety and
welfare;
(g) Evidence that the proposed open burning has been approved by the
Fire Chief and is not in violation of the Fire Code of the City
of Springfield.
If the Director of Health shall find upon examination of the application
that the open burning proposed in reasonably necessary for disposal and
that it will not unreasonably effect the public health, safety or wel-
fare, he may grant a permit to conduct such open burning subject, however,
to the provisions of any other law or ordinance of the City of Spring-
field and also upon such conditions as the Director of Health may impose
so as to limit the open burning to meet the standards herein established.
Sec. 2A-32. (Reserved for future material.)
(2.0) Sec. 2A-33. Exceptions to this article.
Notwithstanding any of the other provisions of this article to the con-
trary, this article shall not apply to:
(a) Fires set in accordance with agricultural operations related to
the growing or harvesting of crops;
(b) Fires set for the purpose of instructing and training firemen
in the methods of fighting fires, or as long as the fire is used
for recreational purposes, or fires used for the non-commercial
preparation of food such as by barbecueing.
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(51.9) ARTICLE IX
INCINERATOR
(51.9) Sec. 2A-34. Prohibition of single chamber incinerators.
After the effective date of this chapter, only multiple chamber inciner-
ators or their equivalent shall be constructed or installed. Incinera-
tors existing at the time of the effective date of this chapter which
are not multiple chamber incinerators or their equivalent shall be
altered, modified, rebuilt or replaced as may be necessary to meet the
performance requirements of this section.
(51.9) Sec. 2A-35. Maximum emission limitations from incinerators.
No persons shall cause, permit or allow the emission of any particulate
matter from the stack or chimney of any incinerator in excess of the
following limits:
(a) Incinerators with a maximum refuse burning capacity of less than
200 pounds of refuse per hour, the maximum emission rate shall
be 0.3 grains of particulate matter per standard cubic foot of
dry flue gas corrected to 12% carbon dipxide;
(b) Incinerators with a maximum refuse burning capacity of 200 or
more pounds of refuse per hour, the maximum emission rate shall
be 0.2 grains of particulate matter per standard dry cubic foot
of exhaust gas, corrected to 12% carbon dioxide.
(51.9) Sec. 2A-36. Determination of burning capacity of an incinerator.
The burning capacity of an incinerator shall be the manufacturer's or
designer's guaranteed maximum rate or such other rate as may be deter-
mined by the Director of Health in accordance with good engineering
practice. In case of conflict, the findings of the Director of Health
shall govern.
(50.1) Sec. 2A-37. Determination of particulate matter emitted from an inciner-
(51.9) ator.
The amount of particulate matter emitted from any incinerator shall be
determined according to Section 2A-25. In calculating the amount of
particulate matter in a stack gas, the carbon dioxide produced by
burning of any liquid or gaseous fuel in the incinerator shall be
excluded from the calculation of 12% carbon dioxide. Emissions shall
be measured when the incinerator is operating at its maximum capacity
or at any other burning rate during which emission of particulate matter
is greater.
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(6.0) Sec. 2A-38. Time limit for existing incinerators to be brought into
(51.9) compliance.
Incinerators not complying with the requirements of this article shall
be made to comply within the time hereinafter set forth, or shall be
abandoned at end of that time.
(a) Incinerators with a capacity of 2,000 pounds per hour or greater,
twelve months from the effective date of this chapter;
(b) Incinerators with capacities between 1,000 - 1,999 pounds per
hour, 18 months from the effective date of this chapter;
(c) Incinerators with capacities between 500 - 999 pounds per hour,
24 months from the effective date of this chapter;
(d) Incinerators with capacities less than 500 pounds per hour,
30 months from the effective date of this chapter.
(£0.6) ARTICLE X
CONTROL OF ODORS IN THE AMBIENT AIR
(50.6) Sec. 2A-39. Prohibition on emission of odor.
No person shall emit odorous matter such as to cause an objectionable
odor:
(a) On or adjacent to residential, recreational, institutional,
retail sales, hotel or educational premises, or
(b) On or adjacent to industrial premises when air containing such
odorous matter is diluted with 20 or more volumes of odor-free
air, or
(c) On or adjacent to premises other than those in (a) and (b)
when air containing such odorous matter is diluted with four
or more volumes of odor-free air.
(50.6) Sec. 2A-40. Determination of objectionable odor.
The above requirement shall apply only to objectionable odors. An odor
will be deemed objectionable when 30 percent or more of a sample of 20
or more people or 75 percent of a sample of less than 20 people exposed
to it believe it to be objectionable in usual places of occupancy.
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(50.7) ARTICLE XI
NUISANCES BECAUSE OF AIR POLLUTION
(50.1) Sec. 2A-41. Unlawful to permit escape of gases or participate matter
so as to endanger health, safety or welfare.
It is unlawful for any person to cause, allow or permit the escape of
gases or particulate matter from any source whatsoever in such a manner
or in such quantities as to unreasonably endanger the health, safety or
welfare of any person or of the public, or in such quantities or in such
a manner as to cause unreasonable injury or damage to property or busi-
ness. The escape of such matter is declared to be a public nuisance.
(13.0) ARTICLE XII
SUBMISSION OF INFORMATION
(2.0) Sec. 2A-42. Director of Health may require information about emission
of air contaminants.
The Director of Health may require information about points of emission
of air contaminants, whether by duct, stack, flue, equipment or by any
other means when such information is necessary for the conduct of the
work of the Director of Health. A period of thirty (30) days shall be
allowed for the submission of such information. However, in cases of
emergency, the Director of Health may designate any lesser time which
he believes to be justified.
Any information so submitted shall be maintained as confidential by the
Director of Health and he shall not divulge such information except as
it shall be necessary to effectuate the purposes of this chapter.
(5.0) ARTICLE XIII
VARIANCE PROVISIONS
(3.0) Sec. 2A-43. Director of Health may issue temporary permits to grant
time to come into compliance with this chapter.
Where air contaminant emission sources in existence prior to the effect-
ive date of this chapter do not meet the emission limitations contained
in this chapter, then a program to meet the air contaminant emission
limitations stipulated in this chapter shall be developed and offered
to the Director of Health by the person having control over the source
of emission. The Director of Health shall have the authority to grant
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a temporary permit for periods of six (6) months at a time for the con-
tinued operation of non-complying equipment or processes, but only in the
event that the person having control of the emission source shall demon-
strate in writing to the Director of Health that appropriate steps have
been or will be taken which will secure compliance with this chapter
within a reasonable time under the circumstances. In evaluating an appli-
cation for issuance of a temporary permit, the Director of Health shall
take into consideration the following factors:
(a) Action taken to control air pollution within emission limita-
tions in effect prior to the application;
(b) Efficiency of any existing control equipment relative to that
which would be required to meet emission limitations of this
ordinance;
(c) Temporary interim control measures intended to minimize existing
pollution levels;
(d) The effect the source of emission has on air pollution generally
or in the immediate vicinity of the source;
(e) The degree of control in relation to other similar facilities
which produce air pollution;
(f) The age and prospective life of the facility in question.
Reports indicating the progress of these programs shall be submitted
semi-annually to the Director of Health by the owner of the equipment
or process in question. If the progress of the program is deemed by the
Director of Health to be unsatisfactory because he finds either (1) no
progress has been made, or (2) the amount of progress shown indicates
an insincere attempt upon the part of the owner or operator to comply
with the terms of this ordinance within a reasonable time, or (3) the
program intended to be pursued by the owner or operator of the equip-
ment would not reasonably bring the equipment into compliance with the
terms of this ordinance, or (4) the program of the owner or operator of
the equipment while competent to bring the equipment into compliance
with the terms of this ordinance is nevertheless designed or established
so as to require an unreasonable time to bring the equipment into com-
pliance; then the Director of Health may suspend the program and insti-
tute violation proceedings. If the report shows a satisfactory program
with satisfactory progress the Director of Health may renew the temporary
certificate for an additional six (6) months period.
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(2.0) ARTICLE XIV
SEALING
(2.0) Sec. 2A-44. Sealing of equipment in violation of this chapter.
Whenever any equipment shall have been in violation of any of the pro-
visions of this chapter on three occasions within any consecutive twelve
month period and notification thereof has been given of each such occa-
sion to the operator of such equipment, then it shall be the duty of the
Director of Health to give at least twenty (20) days prior notice to the
person having control over the operation of such equipment of a hearing
to be held before the Director of Health at which such person shall be
required to show cause why the offending equipment should not be sealed.
Notice of the hearing shall be in writing and served by the Director of
Health or by one of his employees or by any police officer of the City
of Springfield upon the person having control over the operation of the
equipment or upon any member of his household over the age of 15, if
he shall reside within the City of Springfield, and if he shall not
reside within the City of Springfield or for any other reason such per-
sonal service may not be had, then the Director of Health shall direct
a copy of such notice to the last known address of the person having
control over the operation of the equipment by United States mail and
a copy of the notice of the hearing shall be posted in a conspicious
place upon the premises where the equipment proposed to be sealed is
located. Notice by mail or by posting shall be effective upon the day
that such mailing shall occur or such posting shall occur. If upon the
hearing the Director of Health finds upon the basis of the evidence pre-
sented that the person having control over the operation of the equip-
ment has not taken action to bring the equipment into compliance with
all of the provisions of this chapter of which he shall have previously
received notice of violation, then the Director of Health may order the
equipment to be sealed from use. It shall be unlawful for any person
to break any seal affixed as a result of any such order unless authorized
in writing by the Director of Health to do so.
(16.0) ARTICLE XV
HEARINGS
(16.0) Sec. 2A-45. Hearings of Board of Air Pollution Appeals.
The Board of Air Pollution Appeals shall hear all appeals from orders
issued by the Director of Health regarding this chapter, or from the
refusal of the Director to issue a permit hereunder or the revocation
of such a permit, or from any other action of the Director of Health
which does or will actually effect substantial rights or obligations
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of the person appealing. Any person entitled to such an appeal may
request and shall be granted a hearing before the Board of Air Pollu-
tion Appeals, provided, that such a person shall file in the office of
the Director of Health a written statement requesting such hearing, and
setting forth a brief statement of the grounds therefor, within ten
(10) days after the day the order was served or other complained of
action occurred. Upon the filing of such a petition the Board of Air
Pollution Appeals shall set a time and place for such hearing and shall
give the petitioner written notice thereof. At such hearing the peti-
tioner shall be given the opportunity to be heard and to show why the
action of the Director was improper under this chapter. The hearing
shall be commenced not later than fifteen (15) days after the day on
which the petition was filed, provided, that, upon application of the
petitioner, the Board of Air Pollution Appeals may postpone the date of
the hearing for a reasonable time beyond such fifteen (15) day period,
if in its judgment the petitioner has submitted a good and sufficient
reason for such postponement.
The Board of Air Pollution Appeals shall review the actions of the
Director of Health and upon reasonable grounds shall modify, withdraw,
or order compliance with the order or other action appealed from.
If previously requested by the petitioner, the proceedings at such
hearing, including the findings and decision of the Board of Air Pollu-
tion Appeals, shall be summarized, reduced to writing, and entered as a
matter of public record in the office of the Director of Health. Such
record shallalso include a copy of every notice or order issued in
connection with the matter. Any person aggrieved by the decision of
the Board of Air Pollution Appeals may seek relief therefrom in any
court of competent jurisdiction, as provided by the laws of this State.
(7-0) ARTICLE XVI
BREAKDOWN OF EQUIPMENT
(7.0) Sec. 2A-46. The results of breakdown of equipment.
Emissions exceeding any of the limits established in Articles IV, V,
VI, IX, X and XI as a direct result of upset conditions in or breakdown
of any process equipment, fuel burning equipment, refuse burning equip-
ment, or control equipment or related operating equipment beyond the
control of the person having control over the operation of such equip-
ment shall not be deemed in violation of any of said articles or of
this chapter, provided that the operator immediately advises the Director
of Health of the circumstances of such breakdown and outlines a correct-
ive program acceptable to the Director. A failure to expend necessary
funds or to have established adequate maintenance or replacement pro-
grams shall not be matters beyond the control of a person having control
over the operation of the equipment within the meaning of this chapter.
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(2.0) ARTICLE XVII
CIRCUMVENTION
(2.0) Sec. 2A-47. Unlawful to install a device to conceal emissions.
No person shall build, erect, install or use any article, machine,
equipment or other contrivance, the sole purpose of which is to dilute
or conceal an air contaminating emission unless it shall result in a
reduction in the total release of air contaminants to the atmosphere.
(20) ARTICLE XVIII
SERVICE OF ORDERS OR NOTICES
(2.0) Sec. 2A-48. Method of service of notice or orders.
Whenever the Director of Health shall find it necessary under the pro-
visions of this chapter to serve any notice or any order, it shall be
sufficient that the same be served upon the person having control over
the operation of the air polluting equipment or responsible for the
source of air pollution emission. If such person shall be a resident
of the City of Springfield and shall be subject at the time to personal
service, then such service shall be in writing served by the Director
of Health or any of his employees or by any police officer of the City
of Springfield upon the person or upon any member of his household over
the age of 15 years. In the event the person to be served shall not be
available for such personal service or shall be a non-resident of the
City of Springfield or for any other reason cannot be personally served
within the City of Springfield, Missouri, then it shall be sufficient
that service of the notice or order be given by United States mail
directed to the last known address of such person and by posting the
notice or order upon the premises where the violation of this chapter
occurred or is occurring or other thing is to take effect. Such service
by mail and posting shall be effective upon the day that such mailing
shall occur or the day that such posting shall occur, whichever shall
be the later.
,'15.0) ARTICLE XIX
ENFORCEMENT OF THIS CHAPTER
(15.0) Sec. 2A-49. Punishment for violation of this chapter.
Any person who shall violate any of the provisions of this chapter or
any lawful order of the Director of Health of the City of Springfield,
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Missouri, under this chapter shall be punished upon conviction thereof
in accordance with the provisions of Section 1-7 of the Springfield City
Code.
(2.0) Sec. 2A-50. Director of Health may cause appropriate civil proceedings
to be brought.
Notwithstanding the provisions of Section 2A-49, and as an additional
remedy and not in lieu thereof, the Director of Health may cause appro-
priate proceedings to be brought within any court of competent juris-
diction against any person or persons responsible for any violation of
the provisions of this chapter for such injunctive orders or other relief
as may be appropriate to the enforcement of the provisions of this chapter,
it being deemed by the legislative body of the City of Springfield,
Missouri, that any violation of the provisions of this chapter are
public nuisances and should be abated thereas.
(9>0) ARTICLE XX
TEST METHODS AND TABLES
(9.0) Sec. 2A-51. ASTM Test Method C-24-56, being a method of testing for
"Pyrometric Cone Equivalent (PCE) of Refractory Materials".
The ASTM Test Method C-24-56 referred to in Section 2A-2 of this chapter
in the definition of "a multi-chamber incinerator" is as follows:
(50.1.2) Sec. 2A-52. Ringelmann Scale.
The Ringelmann Scale as referred to in Section 2A-2 of this chapter
under the definition of "Ringelrann Smoke Chart" is as follows:
(9.0) Sec. 2A-53. ASTM Test Method D-271-68, being a method of "Laboratory
Sampling and Analysis of Coal and Coke"; ASTM Method
D-2015-66.
The ASTM Method D-271-68, "Laboratory Sampling and Analysis of Coal and
Coke" and the ASTM Method D-2015-66, "Gross Calorific Value of Solid Fuel
by the Adiabatic Bomb Calorimeter", as referred to in Section 2A-12 of
this chapter are as follows:
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(50.1.1) Sec. 2A-54.
Table 1 - Maximum Allowable Participate Emission; Table 2
Alternate Method relating to Participate Emission;
Table 3 - Emissions from Existing Foundry Cupolas.
Table 1 referred to in Section 2A-20 relating to Maximum Allowable Par-
ticulate Emission and Table 2 referred to in Section 2A-21 relating to
an Alternate Determination of Maximum Particulate Emission and Table 3
referred to in Section 2A-24(a) relating to Emissions From Existing
Foundry Cupolas are as follows:
TABLE 1
Proces
R
Lb/Hr
100
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
s Weiaht
pte
Tons/Hr
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
6.00
Rate of
Emission
Lb/Hr
0.551
0.877
1.40
1.83
2,22
2.58
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
Proces
R
Lb/Hr
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000
s Weight
ate
Tons/Hr
8.00
9.00
10.
15.
20.
25.
30.
35.
40.
45.
50.
60.
70.
80.
100.
500.
1,000.
3,000.
Rate of
Emission
Lb/Hr
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7
Interpolation of the data in this table for process weight rates up to ,7
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:
0.11
E = 55.0 P
- 40, where E = rate of emission in
Ib/hr and P = process weight rate in tons/hr.
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TABLE 2
Source Gas
Volume SCFMa
7,000
or less
8,000
9,000
10,000
20,000
30,000
40,000
50,000
60,000
80,000
100,000
Concentration
GR/SCF0
0.100
0.096
0.092
0.089
0.071
0.062
0.057
0.053
0.050
0.045
0.042
Source Gas
Volume SCFMa
120,000
140,000
160,000
180,000
200,000
300,000
400,000
500,000
600,000
800,000
1,000,000
or more
Concentration
GR/SCFD
0.040
0.038
0.036
0.035
0.034
0.030
0.027
0.025
0.024
0.021
0.020
TABLE 3
Process Weight Per Hour
Ibs.
1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
14,000
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
Maximal Allowable Discharge
Per Hour
Ibs.
05
70
35
8.00
9.65
11.30
12.90
14.30
15.50
16.65
18.70
20.15
21.60
22.80
24-00
30.00
36.00
42.00
48.00
49.00
50.50
51.60
52.60
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(50.1) Sec. 2A-55. ASTM Method PTC-21-1941 on "Dust Separating Apparatus".
The ASTM Test Method PTC-31-1941 on "Dust Separating Apparatus" referred
to in Section 2A-25 of this chapter is as follows:
(50.1) Sec. 2A-56. ASTM Method PTC-27-1957 on "Determining Dust Concentration
in a Gas Stream".
ASTM Test Method PTC-27-1957 on "Determining Dust Concentration in a Gas
Stream" referred to in Section 2A-25 of this chapter is as follows:
(2.0) Section 2 - This ordinance shall be in full force and effect from and
after the 90th day following the date of passage hereof.
Passed at meeting: July 14, 1969
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KANSAS CITY AIR POLLUTION REGULATIONS
12.Uj ARTICLE III.
AIR POLLUTION
(2.0) Sec. 18.82 Short Title.
The article shall be known and may be cited as the Air Pollution Control
Code.
(1.0) Sec. 18.83 Definitions.
The terms as used in this article shall have the following meaning:
1. Air contaminant -- Any particulate matter, gas, or vapor (ex-
clusive of water vapor), including but not limited to smoke,
charred paper, dust, soot, grime, carbon or any other parti-
culate matter, or irritating odorous matter, fumes or gases, or
any combination thereof.
2. Air contaminant source -- Any source of emission of an air
contaminant whether privately or publicly owned or operated.
3. Air pollution -- The presence in the ambient air of one or more
air contaminants in quantities, of characteristics and of a
duration which directly and proximately cause or contribute to
injury to human, animal or plant life or health or to property,
or which unreasonably interfere with the enjoyment of life or
use of property.
4. Air pollution control device -- Any method, process or equipment
which removes, reduces or renders less obnoxious air contaminants
emitted into the ambient air.
5. Ambient air -- All space outside of buildings, stacks or exterior
ducts.
6. ASTM -- American Society for Testing Materials, 1916 Race Street,
Philadelphia, Pennsylvania.
7a. Advisory board -- Air Pollution Control Advisory Board.
7b. Appeal board -- Air Pollution Control Board of Appeals.
8. BTU -- British Thermal Unit(s).
9. City -- City of Kansas City, Missouri.
10. Director -- The director of the department of city government
assigned responsibility for the Air Pollution Control Program.
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11. Existing source -- Any stationary source other than a new source.
12. Fuel burning equipment for indirect heating -- A device where
the combustion of fuels to produce usable heat is transferred
through a heat-conducting materials barrier or by a heat storage
medium to a material to be heated so that the material being
heated is not contacted by, and adds no substance to, the products
of combustion.
13. Incinerator -- Any article, machine, equipment, contrivance,
structure,or part of a structure used to burn refuse or to process
refuse material by burning other than open burning as defined
herein.
14. Modification — Any physical change in, or change in method of
operation, of a stationary source which increases the amount of
any air pollutant emitted by such source or which results in the
emission of any air pollutant not previously emitted.
15. 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 re-
fractory 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. The refractories shall
have a Pyrometric Cone Equivalent of at least 31, tested accord-
ing to the method described in the American Society for Testing
Materials, Method C-24-56.
16. New source -- Any stationary source the construction or modifi-
cation of which is started after the effective date of this or-
dinance.
17. Open burning -- The burning of any materials wherein air contami-
nants resulting from combustion are emitted directly into the
ambient air without passing through a stack or chimney from an
enclosed chamber. For the purposes of this definition, a chamber
shall be regarded as enclosed, when during the time combustion
takes place, only such apertures, ducts, stacks, flues or chim-
neys as are necessary to provide combustion air and to permit
the escape of exhaust gases are open.
18. Particulate matter — Any material, except uncombined water, that
exists in a finely divided form as a liquid or solid at standard
conditions.
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19. Person -- Any individual, partnership, co-partnership, firm,
company, public or private corporation, association, joint
stock company, trust, estate, political subdivision, or any
federal or state governmental agency, board, department or bur-
eau, or any other legal entity whatever which is recognized by
law as the subject of rights and duties.
20. Premises -- Land, improvements and the ambient air above such
land or improvements.
21. Process — Any reaction operation, or treatment, the equipment
used in connection therewith, and all methods or forms of manu-
facturing or processing that may emit any air contaminant.
22. Process weight — The total weight of all material Introduced
into a source operation, including solid fuels, but excluding
liquids and gases used solely as fuels, and excluding air intro-
duced for purposes of combustion.
23. Refuse -- Garbage, rubbish, trade wastes, leaves, salvageable
material, agricultural wastes, or other wastes.
24. Residual fuel oil -- Fuel oil variously known as Bunker
C.PS 400 and Number 6 as defined in ASTM D 396 487 (1959).
25. Ringelmann Chart -- "Ringelmann's Scale for Grading the Density
of Smoke" as published in U.S. Bureau of Mines Information
Circular 8333.
26. Salvage operation -- Any business, trade, industry or other
activity conducted in whole or in part for the purpose of
salvaging or reclaiming any product or material.
27. Smoke -- Small gas-borne particles, resulting from combustion,
consisting of carbon, ash, and other material.
28. Source operation -- The last operation preceding the emission
of an air contaminant, which operation (a) results in the separa-
tion of the air contaminant from the process materials or in the
conversion of the process materials into air contaminants, as
in the case of combustion fuel; and (b) is not principally an
air pollution abatement operation.
29. Standard conditions -- A gas temperature of sixty (60) degrees
Fahrenheit and a gas pressure of 14.7 pounds per square inch ab-
solute.
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30. Stationary source -- Any building, structure, facility, or in-
stallation which emits or may emit any air pollutant.
31. Trade waste — Solid, liquid, or gaseous material resulting from
the construction or the prosecution of any business, trade,
industry or demolition operation, including but not limited to
wood, plastics, cartons, grease, oil, chemicals, and cinders.
(15.0) Sec. 18.84. Administration and enforcement.
A. Director
The director shall administer the provisions of this article.
B. Hearings by Director
1. General provisions.
If, in the opinion of the director, any investigation hereunder
indicates that a violation of this article may exist, he may order
a hearing. In such event the director shall issue and cause to
be served upon the person alleged to be in violation, a written
receipted notice of complaint, which shall specify the provision
of this article, including any regulation hereunder, which such
person is alleged to be in violation of, and a statement of the
manner, and the extent to which such person is alleged to be
in violation of this article. Such notice shall require such
person to answer the complaint at a formal hearing before the
director at a time not less than fifteen (15) days after the
date of such notice. After such formal hearing, the director
shall issue such order as he deems appropriate to eliminate any
violation found by the director and compel compliance with
regulation or other provision of this article which such person
shall have been found by the director to have violated.
2. Appeals.
Any order issued by the director shall become final and binding
unless the person against whom such order is issued shall within
fifteen (15) days after the date of issuance of such'order
request the director, in writing, to refer such order to the
board as hereinafter provided. Such appeal shall stay enforce-
ment of such order issued by the director.
C. Inspections
The director, may, upon reasonable notice, enter and inspect any facilities
constituting any air contaminant source located on any premises, at any
reasonable time for the purpose of ascertaining the state of compliance
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with the regulations made part of this article and making tests and
samples as provided for in subsection (0) hereof. No person shall refuse
entry or access to the director, or his representative, upon presenta-
tion of appropriate identification and authority, nor shall any person
obstruct, hamper or interfere with such tests or sampling. Upon request,
the owner or operator of the premises shall receive a report setting
forth all facts found which relate to compliance status as a result of
such tests and sampling.
D. Sampling and Testing
1. General provisions.
The director is hereby authorized to conduct or cause to be con-
ducted any test or sampling of the operation of any equipment
which, in his opinion, may result in emissions in violation of
any regulation in effect hereunder. Any test or sampling may
be conducted by any method or those methods listed in the Federal
Register December 23, 1971 or as revised, other than the parti-
cular method as may be specified in any regulation hereunder,
provided such substitute method is technically equivalent and
mutually agreed to in writing by the director and the operator
of the air contaminant source involved. All tests shall be
conducted by reputable, qualified personnel. Both the director
and the operator of the equipment tested may be present at the
test and each shall be entitled to a copy of the test results,
in writing, and signed by the person responsible for the tests.
2. Testing by operator.
Upon notification by the director to the operator of any air con-
taminant source that emission tests are considered necessary,
such person may elect to conduct such tests and sampling at his
own expense in which event such person shall notify the director
of such election and of the time and date such person proposes
to conduct such tests and sampling. In any such test conducted
by such person, the director may require that his duly author-
ized representative be present during the conduct of such tests
and the taking of such samples.
3. Testing by director.
Tests or samplings made by the operator shall not prohibit the
director, if the director so elects, from making independent
tests or samplings; the cost and expenses thereof to be paid
by the City. Upon request of the director, the person responsible
for the source to be tested shall provide necessary test ports
in stacks or ducts and such other safe and proper facilities,
exclusive of instruments and sensing devices as may be necessary
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for proper determination of the emission of air contaminants,
and shall cooperate with the director so as to permit such tests
to be made, provided that such inspections, sampling and tests
shall not unreasonably interfere with normal operation of the
plant. In either event, the director and the person who is
the operator of such equipment shall be entitled to a complete
detailed report of all tests and sampling.
E. Reports
1. Emission inventory.
The director may require persons owning or responsible for the
operation of any air contaminant source to file reports and
information relating to the rate, period of emission, and compo-
sition of effluent from any air contaminant source including
the location of such source, size and height of air contaminant
outlets, processes employed, fuels used, and the nature and time
periods and duration of emission, and such other relevant infor-
mation as is available to such person or reasonably capable of
being assembled from the normal operating records of such person,
within 30 days after having received a certified notification
by the director. Such information shall be used to maintain an
emission inventory.
2. Schedule of compliance.
Any person owning or responsible for the operation of any existing
stationary source not in compliance on the effective date of
this article shall submit to the director in a form and manner
satisfactory to him, a program and schedule for achieving com-
pliance, such program and schedule to contain a date on or before
which full compliance will be attained, interim dates for
achieving discrete steps in the process of installing appro-
priate air pollution control devices, and such other information
as the director may require. If approved by the director, such
date will be the date on which the person shall comply. Any
compliance schedule which will exceed a period of one year must
be approved by the board. In the event the director determines
•that:
(a) The person is taking all reasonable actions available to him
to comply with the time limitations, but such compliance is
not possible; or
(b) The delay is caused by conditions beyond the jurisdiction
and control of such person;
then the director may grant one (1) additional extension of time
not to exceed 90 days. Any extension of time to exceed 90 days
must be approved by the board.
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F, Enforcement; Order of Abatement.
1. Issuance of orders.
Whenever the director determines that the terms or conditions
of this article have been violated, he may order that the vio-
lation be abated within a reasonable time to be prescribed by
him; such order to be served by personal service, certified, or
registered mail.
2. Prosecution in Municipal Courts.
In the event that a violation of this article occurs, the director
may request the city counselor to file a prosecution in the
municipal courts.
3. Proceedings in Circuit Court.
The city counselor is hereby empowered and at his own discretion
is hereby authorized to institute proceedings in the circuit
court in the name of the city in order to enforce the terms and
conditions of this article.
4. Stop Orders.
Upon notice of the director that work on the installation of a
machine, contrivance, equipment, device, process or operation
that may cause the emission of air contaminants is being prosecu-
ted without a permit where such permit is required, or without
having been registered where such registration is required or
not in accordance with plans or specifications or data submitted
with the application for such permit or such registration or
contrary to any final order of the board, such work shall be
immediately stopped. The stop-work order shall be in writing
and shall be served upon the person responsible for the premises
on which the work is occurring or upon the person doing the
work, and shall state the conditions under which the work may
be resumed.
5. Violation of Stop Order.
Any person who shall continue any work in or about such machine,
contrivance, equipment, device, process or operation after having
been served with a stop-work order except such work as he is
directed to perform to remove a violation or unsafe condition,
shall be subject to section 18.102.1.
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(51.13) Sec. 18.85. Open burning restrictions.
A. Refuse Burning Restrictions.
1. No person shall dispose of refuse by open burning, or cause,
allow or permit open burning of refuse.
2. Exception. In Zcning District R-A, if municipal refuse collec-
tion is not provided for by the city, open burning of household
refuse, originating at the site, from a single-family residence
shall not be in violation of subsection (A)(l) of this section.
Any such open burning shall be permitted only between the hours
of 10:00 a.m. and 6:00 p.m.
B. Prohibition of Salvage Operations by Open Burning.
No person shall cause, allow or permit the conduct of a salvage opera-
tion by open burning.
C. Restrictions on Open Burning of Trade Wastes.
1. Prohibited.
No person shall cause, allow or permit the disposal of trade
wastes by open burning except as provided in this section.
2. Exceptions.
The open burning of trade wastes may be permitted when it can
be shown that such open burning is necessary and in the public
interest. Any person intending to engage in open burning of
trade wastes shall file an application on a form furnished by
the director and comply with terms and conditions outlined in
writing by the director.
3. Fire prevention permit.
Upon written approval of the application by the director, the
applicant may be issued a permit to open burn trade wastes by
the chief inspector of fire prevention.
4. Revocation of permit.
Any violation of the provisions relating to open burning of trade
waste shall be grounds for revocation of the trade waste burning
permit by the director or the chief inspector of fire prevention.
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D. This Section 18.85 Shall Not Apply to the Following:
1. Fires set in connection with agricultural operations related
to the growing or harvesting of crops. For the purpose of this
section 18.85, botanical nursery operations shall not be
considered as agricultural operations.
2. The burning of gaseous trade wastes in refinery or industrial
chemical safety flares. Full smokeless-tip combustion, steam
addition, or other flare smoke control methods approved by the
director shall be used, and emissions may not be of a shade or
density equal to or greater than No. 1 on the Ringelmann Chart.
3. Fires used for recreational purposes, or fires used for the
non-commercial preparation of food such as by barbecuing.
(50.1.1) Sec. 18.86. Restriction of Particulate Matter.
A. Restriction of Emission of Particulate Matter from Industrial
Processes.
1. General Provisions.
a. Tin's section applies to any operation, process, or activity
except the burning of fuel for indirect heating in which
the products of combustion do not come into direct contact
with process materials and except the burning of refuse and
except the processing of salvageable material by burning.
b. Process weight means the total weight of all materials intro-
duced into a source operation, including solid fuels, but
excluding liquids and gases used solely as fuels, and exclu-
ding air introduced for purposes of combustion.
Process weight rate means a rate established as follows:
(i) For continuous or long-run steady-state source opera-
tions, 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.
(ii) For cyclical or batch source operations, the total
process weight for a period which covers a complete
operation or an integral number of cycles, divided by
the hours of actual process operation during such period-.
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Where the nature of any process or operation or the design
of any equipment is such as to permit more than one inter-
pretation of this section, that interpretation which results
in the minimum value for allowable emissions shall apply.
c. Emission tests relating to this regulation shall be made
following those methods listed in the Federal Register
December 23, 1971, or as revised. Any other method which
is in accordance with good professional practice may be used
by mutual consent of the source operator and the director.
2. Emission limitations.
a. Except as provided for in subsection (A)(3) of this section,
no person shall cause, suffer, allow or permit the emission
of particulate matter in any one hour from any source in
excess of the amount shown in Table 1 for the process weight
allocated to such source.
TABLE I
Process Weight Rate of
Rate Emission
Lb./Hr. Tons/hr. Lb./Hr.
100 0.05 0.551
200 0.10 0.877
400 0.20 1.40
600 0.30 1.83
800 0.40 2.22
1,000 0.50 2.58
1,500 0.75 3.38
2,000 1.00 4.10
2,500 1.25 4.76
3,000 1.50 5.38
3,500 1.75 5.96
4,000 2.00 6.52
5,000 2.50 7.58
6,000 3.00 8.56
7,000 3.50 9.49
8,000 4.00 10.4
9,000 4.50 11.2
10,000 5.00 12.0
12,000 6.00 13.6
16,000 8.00 16.5
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TABLE I
CONTINUED
Lb./Hr. Tons/Hr. Lb./Hr.
18,000 9.. 17.9
20,000 10. 19.2
30,000 15. 25.2
40,000 20. 30.5
50,000 25. 35.4
60,000 30. 40.0
70,000 35. 41.3
80,000 40. 42.5
90,000 45. 43.6
100,000 50. 44.6
120,000 60. 46.3
140,000 70. 47.8
160,000 80. 49.0
200,000 100. 51.2
1,000,000 500. 69.0
2,000,000 1000. 77.6
6,000,000 3000. 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 P0-6',
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:
0.11
E = 55.0 P -40, where E = rate of emission in Ib/hr and P =
process weight rate in tons/hr.
3. Exceptions.
a. The provisions of subsection (2) of this section shall not
apply to existing grey iron jobbing cupolas. For purposes
of this section a jobbing cupola is defined as a cupola
which has a single melting cycle operated no more than 10
hours in any consecutive 24 hours and no more than 50 hours
in any consecutive 7 days.
(i; All existing grey iron jobbing cupolas shall be equipped
with gas cleaning devices and so operated as to remove
not less than eighty-five percent (85%) by weight of all
the particulate matter in the cupola discharge gases, or
release not more than 0.4 grain of particulate matter per
standard cubic foot of discharge gas, whichever is more
stringent.
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(ii) All gases, vapors and gas entrained effluents from such
cupolas shall be incinerated at a temperature not less
than 1200° Fahrenheit for a period of not less than 0.3
seconds.
b. The provisions of subsection (2) of this section shall not
apply to a process during periods when a new fire is being
built or during the start up of the operation.
B. Maximum Allowable Emission of Particulate Matter from Fuel Burning
Equipment Used for Indirect Heating.
1. General Provisions.
a. This section applies to installations inwhichfuel Is burned
for the primary purpose of producing steam, hot water, or
hot air or other indirect heating of liquids, gases, or
solids and, in the course of doing so, the products of com-
bustion do not come into direct contact with process mater-
ials. Fuels include those such as coal, coke, lignite, coke
breeze, gas, fuel oil, and wood, but do not include refuse.
When any products or by-products of a manufacturing process
are burned for the same purpose or in conjunction with any
fuel, the same maximum emission limitations shall apply.
b. The heat content of coal shall be determined according to
ASTM method D-271-64 "Laboratory Sampling and Analysis of
Coal and Coke" or ASTM method D-2015-66 "Gross Calorific
Value of Solid Fuel by the Adiabatic Bomb Calorimeter." The
• heat content of oil shall be determined according to ASTM
method D-240-64 "Heat of Combustion of Liquid Hydrocarbons
by Bomb Calorimeter". The three publications cited in this
subsection (l)(b) are hereby made part of this section
by reference.
c. For purposes of this section, the heat input shall be the
aggregate heat content of all fuels whose products of combus-
tion pass through a stack or stacks. The heat input value
used shall be the equipment manufacturer's or designer's
guaranteed maximum input, whichever is greater. The total
heat input of all fuel burning units at a plant or on a
premises shall be used for determining the maximum allowable
amount of particulate matter which may be emitted.
d. The amount of particulate matter emitted shall be measured
according to those methods listed in the Federal Register
December 23, 1971 or as revised. Any other method which is in
accordance with good professional practice may be used by mut-
ual consent of the source operator and the director.
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2. Emission limitations.
No person may cause, allow or permit the emission of participate
matter from such fuel burning installations in excess of that
specified in the following schedule (see Graph I which is inclu-
ded for illustrative purpose only):
a. 0.60 pounds for each million BTU input if the equipment has
a capacity rating of 10 million or less BTU input per hour.
If the capacity 'rating of the fuel burning equipment is more
than 10 million BTU input per hour, the amount of particulate
matter which may be emitted for each million BTU input shall
decrease as the capacity rating of the fuel burning equipment
increases, as follows:
1. No more than 0.41 pounds for each million BTU input
from equipment having a capacity rating of 50 million
BTU per hour input;
2. No more than 0.35 pounds for each million BTU input
from equipment having a capacity rating of 100 million
BTU per hour input;
3. No more than 0.24 pounds for each million BTU input
from equipment having a capacity rating of 500 million
BTU per hour input;
4. No more than 0.21 pounds for each million BTU input from
equipment having a capacity rating of 1,000 million BTU
per hour input;
5. No more than 0.17 pounds for each million BTU input from
equipment having a capacity rating of 2,000 million BTU
per hour input;
6. No more than 0.14 pounds for each million BTU input from
equipment having a capacity rating of 5,000 million BTU
per hour input;
7. No more than 0.13 pounds for each million BTU input
from equipment having a capacity rating of 7,500 million
BTU per hour input;
8. No more than 0.12 pounds for each million BTU input from
equipment having a capacity rating of 10,000 million
BTU per hour input or more.
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r
r
c
MAXIMUM ALLOWABLE PARTICULATE EMISSION POUNDS
PARTICULATK PER MILLION BTU PEH HOUR HEAT INPUT
i
ro
to
T;R
~£ o'w
^3 0. .'50
»H 0. 70
Cn 0. GO
pi- 0. 50
SH 0.-10
HP 0.30
^M °- 2i)
s:? 0.20
o.io
To"
50
100
_L
•500 1,000 5,000 10,000
MILLION BTU HEAT INPUT
PER HOUR
GRAPH I
1.0
0.50
— 0.30
0.20
0.12
0.10
30. 000
-------
The amount of particulate matter which may be emitted from
fuel burning equipment having an intermediate capacity
rating shall be determined either by linear interpolation,
or by use of the following equation:
6
Log Y = -0.23299 Log X + 1.4091 (where 10x10 ^ X •£-
6
10,000 x 10 )
Where X represents each million BID per hour input, and Y
represents the allowable pounds of emissions per million
BTU.
3. Option on equipment use.
The operator of equipment used for indirect heating in any plant
may, at his option, elect to eliminate, for the purpose of deter-
mining compliance with the provisions of this section, any fuel
burning units normally scheduled to operate less than 1,500
hours per year, provided such units are equipped with air pollu-
tion control equipment having a collection efficiency of not
less than eighty-five percent (85%), in which case such units
shall be deemed to comply with the provisions of this section
in any multiple unit plant shall be treated as a separate in-
stallation from other units in such plant. The director may
require such operator to submit proposed operating schedules of
such units in advance and reports of actual operating schedules
for any year.
4. Exceptions
Compliance with the provisions of this subsection 18.86 (B)
shall not be determined during periods when a new fire is being
built; during start up, change of load, fuel or other operating
conditions; during an operations breakdown or other emergency
conditions; while air pollution control equipment is shut down
for maintenance; or during sootblowing; but shall be determined
during steadystate conditions.
C. Preventing Particulate Matter from Becoming Air-Borne
1. Handling, transporting, storing.
No person may cause or permit the handling, or transporting or
storage of any material in a manner which may allow particulate
matter to become air-borne in such quantities and concentrations
that it remains visible in the ambient air beyond where it origi-
nates and that its presence may be found beyond the premises where
it originates and that it has particulate matter shown to be
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larger than (40) forty microns in size. The size of the
particulate matter shall be determined by microscopy or any
other technique approved by the director and proven to be
equally accurate.
2. Construction, use, repair, demolition.
No person may cause or permit a building or its appurtenances
or a road, or a driveway, or an open area to be constructed,
used, repaired or demolished without applying all such reason-
able measures as may be required to prevent particulate mat-
ter from becoming air-borne so that it remains visible beyond
the premises where it originates or that its presence may be
found beyond the premises where it originates. The director
may require such reasonable measures as may be necessary to
prevent particulate matter from becoming air-borne, Includ-
ing but not limited to paving or frequent cleaning of roads,
driveways and parking lots; application of dustfree surfaces;
application of water; and the planting and maintenance of
vegetative ground cover.
3. Property-line standard limitations for particulate matter
becoming air-borne.
No person shall cause, suffer, or permit the emission of any
particulate matter so as to cause concentrations of particu-
late matter at any inhabited place to exceed any one of the
following:
a. Suspended Particulates - 80 micrograms/nT
(High-Volume Sampler) - 200 micrograms/m3
6-month
geometric mean
2-hour arith-
metic average
for not less
than five two-
hour sampling
periods within
any one year.
No more than 3
samples shall be
taken during any
24-hour period.
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b. Soiling Index 0.4 Con/1000 6-month geometric
lineal feet mean
(AISI Paper tape 1.0 Con/1000 8-hour arithmetic
sampler) lineal feet average
4. This subsection (c) shall not apply to farming operations.
(50.1.2) Sec. 18.87. Restrictions of emissions of visible air contaminants.
A. Restrictions Applicable to all Installations.
1. Emission limitations.
No person may discharge into the ambient air from any single
source of emission whatsoever any air contaminant:
(a) Of a shade or density equal to or darker than that de-
signated as No. 1 on the Ringelmann Chart; or
(b) Of such opacity as to obscure an observer's view to a
degree equal to or greater than that designated as No. 1
on the Ringelmann Chart.
B. Altered or Controlled Sources.
1. Emission Limitations.
Any person who has, after April 26, 1968 and before the
effective date of this ordinance, altered or controlled a
single source, as substantiated by design data, so as not
to discharge into the ambient air,air contaminants:
(a) Of a shade or density equal to or darker than that
designated as No. 2 on the Ringelmann Chart, or
(b) Of such opacity as to obscure an observer's view to a
degree equal to or greater than the smoke designated
as No. 2 on the Ringelmann Chart,
shall be excepted from the requirements of subsection (A)
hereof (provided that this exception shall not be effective
after July 31, 1975).
C. Exceptions.
1. Time Allowance.
A person may discharge into the ambient air *rom any single
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source of emission for a period or periods aggregating not
more than six minutes in any sixty minutes air contaminants:
(a) Of a shade or density not equal to nor darker than that
designated as No. 3 on the Ringelmann Chart; or
(b) Of such opacity as to obscure an observer's view to a
degree not equal to nor greater than that designated as
No. 3 on the Ringelmann Chart.
For the purposes of this subsection (C) (1) the director may,
for a specific source and for special conditions, approve any
other schedule.
2. Presence of uncombined water.
Where the presence of uncombined water is the only reason for
failure of an emission to meet the requirements of subsection
(A) and (B) of this section, such subsection shall not apply.
3. Miscellaneous.
This section shall not apply to the following:
(a) Internal combustion engines, except as provided in
section 18.89.
(b) Wood burning stoves or fireplaces in dwellings.
(c) Fires used for recreational purposes or fires used for
the noncommercial preparation of food by barbecuing.
(d) Smoke generators used for training air pollution control
inspectors.
4. Incinerators excepted.
This section shall not apply to incinerators.
D. Method of Measurement.
The Ringelmann Chart shall be the standard in grading the shade
or opacity of visible air contaminant emissions. The director
may with the consent of the source operator employ any other means
of measurement which give comparable results of greater accuracy.
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(50.6) Sec. 18.88. Restriction of Emission of Odors.
No person may cause, permit or allow the emission of odorous matter
in such concentrations and frequencies or for such durations that
such odor can be perceived beyond the property line of the odor
source when one (1) volume of odorous air is diluted with seven (7)
volumes of odor-free air for two (2) separate trials not less than
15 minutes apart within the period of one (1) hour; or
No person may cause, permit or allow the emission of odorous matter
in such concentrations and frequencies or for such durations that
such odor can be perceived at the point of complaint in a residential
area when two (2) volumes of odorous air is diluted with one (1)
volume of odor free air for two (2) separate trials not less than 15
minutes apart within the period of one (1) hour.
These measurements may be made with a Scentometer as manufactured
by the Barnebey-Cheney Company or by a similar device, as recognized
by the director, that will give equivalent results.
(12.0) Sec. 18.89.
(50.1.2)
Emission of Visible Air Contaminants From Internal
Combustion Engines .
A. No person shall cause or permit the emissions of visible air
contaminants from any internal combustion engine for more than
five consecutive seconds at any one time.
B. Where the presence of uncombined water is the only reason for
failure of an emission to meet the requirements of this regu-
lation, the provisions of this regulations shall not apply.
(50.2) Sec. 18.90.
Emission of Sulfur Compounds in Certain Amounts and
Manner Restricted.
1. No person may cause or permit the emission of sulfur dioxide
from any premises in such manner and amounts that the con-
centrations and frequencies exceed those shown in the follow-
ing table in the ambient air at any occupied place beyond
the premises on which the source is located:
Concentration3 Averaging Time Maximum Allowable Frequency
.25 ppm or more 1 hour
.07 ppm or more 24 hours
Once in any 4 days at any
sampling site.
Once in any 90 days at any
sampling site.
»parts per million by volume
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2. If the concentrations and frequencies specified in sub-
section (1) of this section 18.90 are exceeded, each source
which contributes to such concentrations and frequencies,
and which emits 1,000 pounds or more of sulfur dioxide per
hour shall be required to reduce its emissions by an amount
specified by the director. Each source owner or operator
shall file an emission reduction plan within 90 days after
the date on which such requirement is made by the director.
The emission reduction plan shall include a description of
the process modifications, control equipment to be installed,
or other measures to be taken to comply with the emission
reduction required by the director. Implementation of the
plan shall take place within one year after the date on
which the plan is approved by the director.
(51.9) Sec. 18.91. Incinerators.
A. General Provisions.
1. All incinerators.
This section shall apply to all incinerators.
2. Design requirements.
No incinerator shall be used for the burning of refuse unless
such incinerator is a multiple chamber incinerator. Exist-
ing incinerators which are not multiple chamber incinerators
may be altered, modified or rebuilt as may be necessary to
meet the requirements of this section. The director may
approve any other alteration or modification to an existing
incinerator if such be found by him to be equally effective
for the purpose of air pollution control as would result from
the operation of a multiple chamber incinerator. All new
incinerators shall be multiple chamber incinerators, provided
that the director may approve any other kind of incinerator
if he finds in advance of construction or installation that
such other kind of incinerator is equally effective for pur-
poses of air pollution control as an approved multiple chamber
incinerator.
3. Test Schedule.
Within thirty (30) days after the date on which installation
or construction of an incinerator is completed, the in-
staller shall file a request with the director to schedule
the performance tests provided in subsection (C) of this
section. If the results of the performance tests indicate
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that the incinerator is not operating in compliance with
subsection (B) of this section, no person may cause or per-
mit further operation of the incinerator, except for additional
tests as outlined in subsection (C) of this section until
approval is received from the director.
4. Capacity.
The burning capacity of an incinerator shall be the manu-
facturer's or designer's guaranteed maximum rate or such
other rate as may be determined by the director in accord-
ance with good engineering practice. In case of conflict,
the findings of the director shall govern.
B. Restriction of Emissions From Incinerators.
1. Emission Limitations .
No person shall cause or permit the emission of particu-
late matter from the chimney, stack or vent of any incinera-
tor:
(a) With a refuse burning capacity of 4,166 or more pounds
per hour: in excess of 0.10 grains of particulate
matter per standard dry cubic foot of exhaust gas,
corrected to 12 percent (12%) carbon dioxide.
(b) With a refuse burning capacity less than 4,166: in
excess of 0.2 grains of particulate matter per
standard dry cubic foot of exhaust gas, corrected to
12 percent (12%) carbon dioxide.
(c) Of a shade or density equal to or darker than that
designated as No. 1 on the Ringelmann Chart, or of such
opacity as to obscure an observer's view to a degree
equal to or greater than that designated as No. 1 on
the Ringelmann Chart.
2. Odor Control .
All incinerators shall be designed and operated so that all
gases, vapors and entrained effluents shall while passing
through the final combustion chamber, be maintained at a
temperature adequate to prevent the emission of objectionable
odors. Provided however, that the director shall approve any
other method of odor control which he determines is equally
effective.
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C. Performance Testing.
1. Representative Sample.
Refuse burned in conjuction with the performance tests
specified in this section shall be a representative sample
of the refuse normally generated by the operation which the
incinerator is intended to serve.
2. Procedure.
The amount of particulate matter emitted from any incinerator
shall be determined according to those methods listed in the
Federal Register December 23, 1971 or as revised. Any other
method which is in accordance with good professional practice
may be used by mutual consent of the source operator and the
director. In calculating the amount of particulate matter
in stack gas, the loading shall be adjusted to twelve percent
(12%) carbon dioxide in the stack gas. The carbon dioxide
produced by burning of the liquid or gaseous fuel in the in-
cinerator shall be excluded from the calculations converting
to twelve percent (12%) carbon dioxide. Emissions shall be
measured when the incinerator is operating at the burning
capacity as defined in subsection (A) (4) of this section
or at any greater operating rate requested by the source
operator.
3. Compliance.
A performance test to determine compliance with the Ringel-
mann requirements specified in subsection (B) (1) (c) shall
be performed by the director on each new incinerator, and
each existing incinerator modified or rebuilt according to
the schedule outlined in subsection (D) of this section.
4. When Required.
The performance test specified in subsection (C) (2) of this
section may be required on any incinerator, and shall be re-
quired for each new incinerator having a burning capacity of
1,000 pounds per hour or greater. The initial performance
test shall be performed at the expense of the vendor or opera-
tor by an independent testing organization or by any other
qualified person subject to approval of the director. The
performance test may be observed by the director.
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D. Incinerator Installation Permits .
1. Permit Required .
No person shall erect, construct, alter or install any in-
cinerator in any building or other structure or on any pre-
mises until a permit has been secured from the director
pursuant to a written application therefor, upon forms fur-
nished by the director.
2. Plans and Specifications .
Each application for a permit shall be accompanied by two sets
of such drawings, specifications and data as are required
to verify that the proposed work will conform to the pro-
visions of this chapter. One set of drawings, specifications
and data shall remain on file in the office of the director.
3. Revocation.
Any incinerator erected, constructed, altered or installed
contrary to the plans or specifications submitted at the time
of permit application shall cause the installation permit to
become void.
4. Penalty.
Any person starting work for which a permit is required by
this article prior to obtaining a permit shall be deemed
guilty of a misdemeanor.
E. Incinerator Operations Permit.
Before any incinerator described in section 18.91 (A) may be
operated or used, a written permit shall be obtained from the
director. No permit to operate or use shall be granted by the
director for any incinerator described in section 18.91 (A) con-
structed or installed without authorization as required by section
18.91 (D), until the information required is presented to the
director and if necessary said incinerator be made to conform
to the standards set forth in section 18.91 (A) and elsewhere in
the Air Pollution Control Code.
(10.0) Sec. 18.92. Review of New Sources and Modifications.
A. Approval to Construct or Modify.
1. No person shall construct or cause the construction of any
new source or modify any existing source without first
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obtaining approval from the director of the location and
design of such new or modified source. Application for
approval to construct a new or modify an existing source
shall be made by the owner or operator thereof on forms
furnished by the director. A separate application is re-
quired for each new or modified source subject to rules
and regulations.
2. Each application for approval to construct a new or modify
an existing source shall be accompanied by siting infor-
mation, plans, descriptions, specifications and drawings
showing the design of the new or modified source and the
manner in which it will be operated and controlled.
3. Any additional information, plans, specifications, evidence
or documentation that the director may require shall be
furnished upon request.
B. Standards for Granting Approval to Construct or Modify.
No approval to construct a new source or modify an existing
source unless the applicant shows to the satisfaction of the
director:
1. The new or modified source will operate without causing a
violation of applicable rules and regulations, and
2. The new or modified source will not prevent or interfere
with attainment or maintenance of any applicable ambient
air quality standards.
C. Action on Applications to Construct or Modify.
The director shall act within 60 days on an application and
shall notify the applicant in writing of his approval, con-
ditional approval, or denial of the application, and shall set
forth in writing in any notice of denial his reasons therefore.
D. Conditional Approval.
The director may impose any reasonable conditions upon an
approval, which include but is not limited to:
1. Installation of sampling ports of such size, number, and
location as the director may require,
2. Provide safe access to each port,
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3. Installation of monitoring equipment to measure and record
quantities, and
4. Any other sampling and testing facilities as may be necessary.
E. Cancellation of Approval.
The director may cancel any permit to construct or modify a
source, if such construction or modification is not started
within two (2) years from the date of issuance, or if construc-
tion or modification is suspended for one (1) year.
(3.0) Sec. 18.93. Permit to Operate; Notification and Record Keeping.
A. No person shall operate or cause the operation of any new or
modified source, the construction or modification of which has
been approved by the director under (C) or (D) above, without
obtaining from the director a permit to operate. Application
for a permit to operate a new source shall serve as notification
of anticipated start-up and shall be made not more than 60 days
nor less than 30 days prior to the anticipated start-up of the
operation.
B. The owner or operator of a new or modified source shall notify
the director in writing within 15 days prior to the actual
start-up of the new or modified source.
C. Any owner or operator of any new or modified source subject to
the provisions of this part shall maintain for a period of two
(2) years a record of the occurrence and duration of any start-
up, shutdown, or malfunction in operation of the new or modified
source.
D. Any owner or operator who shall operate or cause the operation of
a source where the director denies or revokes a permit to operate
shall be subject to such fines and penalties as provided for in
this Ordinance.
E. No permit to operate shall be granted unless the applicant shows
to the satisfaction of the director that the source is in com-
pliance with rules and regulations applicable on or before the
date the construction permit was issued. Before a permit to
operate is granted, the applicant, if required by the director,
shall conduct at the expense of the owner performance tests
in accordance with methods approved by the director. The direc-
tor may monitor such tests and may also conduct performance
tests.
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F. The director shall act within 60 days after start-up on an appli-
cation for a permit to operate a new or modified source, and shall
notify the applicant, in writing, of his approval, conditional
approval, or denial of the application and shall set forth in any
notice of denial his reasons therefore.
G. The director may impose any reasonable conditions on a permit to
operate.
H. The director may suspend or revoke a permit to operate for violation
of applicable rules and regulations. Such suspension or revocation
of a permit to operate shall become final ten (10) days after service
of notice on the holder of the permit. A permit to operate which
has been revoked pursuant to these regulations shall be surrendered
forthwith to the director.
I. Permits to operate are not transferable.
J. Approval to construct, modify or operate shall not be required for:
1. Installation, alteration or repair of an air pollutants detec-
tor, air pollutants recorder, combustion controller or combustion
shutoff.
2. Air conditioning or ventilating equipment or systems not designed
to remove air pollutants generated by or released from equipment.
3. Fuel burning equipment, other than smoke house generators,
which; uses gas for fuel for space heating, air conditioning or
heating water; or is used in a private dwelling; or has a heat
input of not more than 350,000 BTU per hour.
4. Mobile internal combustion engines,
5. Laboratory equipment used exclusively for chemical or physical
analyses, and
6. Other sources of minor significance specified by the director.
K. Possession of a permit to construct or modify or a permit to operate
shall not relieve any person of the responsibility to comply with
applicable emission limitations or other regulations.
(16.0) Sec. 18.94. Air Pollution Control Board of Appeals.
A. Appointed.
1. Appeal boara
The mayor, with the aooroval of the city council, shall
appoint an air pollution control boards of appeals, which
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shall consist of five (5) members. One member shall be a pro-
fessional engineer registered as such under the Missouri State
Registration Law, one shall be associated with heavy industry,
one shall be associated with organized labor, and two (2)
persons representing the public interest. All members shall
be appointed for a term of (4) years, except that for the ini-
tially appointed appeal board, one member shall serve for one
(1) year, one member for two (2) years, one member for three
(3) years and two members for (4) four years. Each member shall
be a person of good reputation, who shall have been a resident
of Kansas City, Missouri continuously for at least three (3)
years prior to his appointment. No member of the appeal board
shall be an officer or an employee of any governmental agency.
Vacancies on the appeal board shall be filled for the unexpired
term by the mayor, with the approval of the city council. Mem-
bers appointed to fill vacancies shall have qualifications which
their predecessors were required to possess.
2. Chairman.
The mayor shall designate one of the members of the appeal board
to serve as chairman.
3. Secretary.
The chief of the Air Pollution Control Division shall serve as
secretary to the appeal board for the purpose of administering
its affairs and maintaining its records, but the secretary
shall have no vote on the appeal board.
B. Actions by Appeal Board.
1. General Provisions:
a. The appeal board shall set all hearings at a time not less
than thirty (30) days after request by the director or any
person adversely affected or otherwise aggrieved by any
order issued by the director. The appeal board shall hear
and determine appeals from actions and orders of the director
and all petitions for variance. Fifty dollars ($50.00) shall
accompany the notice of appeal or the petition for variance.
b. Subject to the provisions of section 18.95 hereof, all
hearings held by the appeal board shall be open to the public,
and all testimony taken before the appeal board shall be
under oath and recorded stenograph!cally, except that the
appeal board may require the submission of voluminous or de-
tailed or technical testimony in writing under oath. A trans-
cript of the testimony so recorded shall be made available
to any member of the public or to any participant in such
hearing upon payment of reasonable charges for transcription
thereof.
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c. All hearings shall be had before one or more members of
the appeal board which shall designate one of the members
to act as a hearing office. The member designated by the
appeal board to act as a hearing officer may issue in the
name of the appeal board, notices of the hearing and sub-
poenas requiring attendance and testimony of witnesses and
production of evidence relevant to any matter involved in
such proceedings and administer the oath and affirmations
and examine witnesses.
d. Each party to the proceeding may file written arguments and
may appear at the hearing in person or by counsel and may
make oral arguments, offer testimony or cross-exanrfne wit-
nesses or take any combination of such actions. Any person
aggrieved or who would be aggrieved by the emissions from
the alleged air contaminant source shall be entitled to
appear to testify with respect to such matter, subject to
such restrictions and procedures as the appeal board may
establish, but shall not be a party to such proceeding. In
all proceedings before the appeal board involving variances,
and in all appeals from any order issued by the director,
the applicant for a variance, or the person or persons to
whom such order is directed, and the director shall be the
parties in interest.
e. In each such proceeding, each member of the appeal board
who renders or joins in rendering an order of the appeal
board shall, prior to taking action thereon, either hear all
evidence, read the record in full including all the evidence,
or personally consider the portions of the record cited or
referred to in the arguments or briefs. The parties may, by
written stipulation or by oral stipulation in the record at
the hearing, waive compliance with the provisions of this
subsection.
f. The appeal board shall by its order sustain, reverse or modify
any order issued by the director, and shall deny or grant
variances upon terms and conditions, as the appeal board deems
appropriate, provided that in making its order and determina-
tions the appeal board shall exercise full discretion in
weighing the equities involved and the advantages and dis-
advantages to the owner or operator of the air contaminant
source involved and to the public. Every order by the appeal
board shall be in writing and approved by at least three (3)
members and shall be accompanied by findings of fact and con-
clusions of law, which shall be stated separately, on which
the appeal board bases its order.
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g. The appeal board shall issue its order and immediately
notify each party to the proceeding, in writing, by certi-
fied mail. In cases in which any party is found to have
violated any provision of this article the order of the
appeal board shall fix a reasonable time for such person or
persons to take such measures as may be necessary to pre-
vent subsequent violation.
C. Variances.
1. Petitions.
Any person who owns or is in control, or purports to be in control
of any air contaminant source, may submit a petition to the
director for a variance from any section of this article govern-
ing the quality, nature, duration or extent of discharge of air
pollutants from such source. The petition shall be accompanied
by the fee provided in (B)(l)(a) supra, and shall include the
following information:
a. The name, address and telephone number of the petitioner or
other person authorized to receive service of notice.
b. The type of business or activity involved in the application
and the street address at which it is conducted.
c. A brief description of the article, machine, equipment or
other contrivance or process involved in the application and
the emissions occurring therefrom.
d. Each petition shall be signed by the petitioner or by some
person on his behalf, and where the person signing is not the
petitioner, it shall set forth his authority to sign.
e. The section of this article from which the variance is sought.
f. Such other information and data with respect to such air con-
taminant source as may be required by the director or the
appeal board.
2. Investigation.
The director shall promptly investigate such petition and submit
it with a recommendation to the appeal board as to the disposi-
tion thereof.
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3. Grounds for variance.
The appeal board may grant such variance if it finds that:
a. The emissions occurring or proposed to occur would not en-
danger human health or safety, and
b. Compliance with the regulations from which the variance is
sought would produce serious hardship without equal or great-
er benefits to the public.
4. Notice.
No variance shall be granted pursuant to this subsection except
after publication of notice of the filing of such petition and
until the appeal board has considered the relative interests
of the petitioner, other owners of property likely to be
affected by the discharge and the general public.
5. Renewal.
Variances may be granted for such periods of time, and under such
terms and conditions as shall be specified by the appeal board.
Variances may be renewed by the appeal board upon application
made at least sixty (60) days prior to the expiration of the term.
Renewal application shall be considered in the same manner as the
initial petition for variance was considered by the appeal board.
6. Conditions.
Such a variance may require a decrease of the emissions during
the variance period and the making of periodic reports of an
improvement program and on compliance with the terms and condi-
tions attached to the variance. A variance may be revoked or
modified for failure to comply with the terms thereof or for
failure to make a periodic report, if such is required.
7. Emergencies.
Nothing in this subsection, and no variance or renewal granted
pursuant hereto, shall be construed to prevent or limit the
application of the emergency provisions and procedures of this
article.
(14.0) Sec. 18.95. Confidentiality of records.
No records or information relating to secret processes or trade secrets
affecting methods or results of manufacture shall be disclosed to the
public, if so requested by the owner or operator thereof, and all such
records or information shall be kept confidential. At any public hearing
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any such confidential information shall, if requested by the owner or
operator thereof, be received in camera and kept under seal. Nothing
herein shall be construed to prevent the use of records or information
by the director in compiling or publishing analyses or summaries re-
lating to the general condition of the ambient atmosphere, or air con-
taminant emission rates from any air contaminant source.
(2.0) Sec. 18.96. Circumvention.
No person shall willfully cause or permit the installation or use of
any device or use any means which cancels or dilutes an emission of an
air contaminant which would otherwise violate any section of this article
without actually reducing the amount of air contaminant emitted. This
section shall not apply when the only violation involved is a violation
of a regulation based on the concentration or presence of one or more
air contaminants at locations beyond the premises on which such air con-
taminant source or sources are located.
(2.0) Sec. 18.97. Uncontrollable force or upset conditions.
A. Uncontrollable Force.
No emission which would otherwise be a violation of any section under this
article shall be deemed to be a violation and no liabilities therefor shall
be imposed or enforced, if such emission is the result of any act of
God, war, labor disturbance, riot, catastrophe, or other case beyond the
control of such person.
B. Upset Conditions.
1. General provisions.
Emissions exceeding any of the limits established by this article
as a direct result of unavoidable upset conditions in the nature
of the process, operational breakdown, or unavoidable and unfore-
seeable breakdown of any air pollution control equipment or rela-
ted operating equipment or as a direct result of shutdown of such
equipment for necessary scheduled maintenance, shall not be
deemed in violation of this article, provided the following re-
quirements are met:
a. Such occurrence in the case of unavoidable upset in or break-
down of equipment shall have been reported to the director as
soon as reasonably possible but no later than the next
business day after the occurrence.
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b. In the case of shutdown for necessary scheduled maintenance,
the intent to shut down shall be reported to the director at
least twenty-four hours prior to the shutdown and the ex-
ception provided by this section shall only apply in those
cases where the maximum reasonable effort has been made to
accomplish such maintenance during periods of nonoperation
of any related source operation and that it would be unreason-
able or impossible to shut down the source operation during
the maintenance period.
c. The person responsible for such emission shall submit a full
written report of such occurrence, including a statement as
to the amount of and chemical composition of the emission?,
causes of and the scheduling and nature of the actions to be
taken to minimize or.eliminate future occurrences including
but not limited to action to correct the condition causing
such emission to exceed said limits, to reduce the frequency
of occurrence of such conditions, to minimize the amount
by which said limits are exceeded and to reduce the length
of time said limits are exceeded.
(16.0) Sec. 18.98. Judicial review of orders of the board.
Orders of the board shall, without the necessity for a motion for re-
hearing, be subject to judicial review pursuant to the provisions of
Chapter 536, RSMo.
(8.0) Sec. 18.99. Emergency condition.
1. Control.
Notwithstanding other provisions of this article, if the director
after investigation finds, or has cause to believe that a general-
ized or specific condition of air pollution exists in any area
of the city and that, in his opinion, such condition creates an
emergency requiring immediate action to protect human health or
safety in such areas the director may, with the written approval
of the mayor or mayor pro-tern, issue such order or orders to
persons causing or contributing to such condition of air pollu-
tion to reduce or discontinue immediately the emission of such
air contaminants into the ambient air. Upon receipt of any
such order, the persons to whom it is directed shall immediately
comply with such orders.
2. Board action.
Upon issuance of any such emergency order by the director, he
shall refer the matter to the board immediately, which shall fix
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a time and place for hearing to be held before the board not
later than forty-eight (48) hours after the issuance of the
emergency order or such longer time as the persons to whom the
order is directed may designate, to investigate and determine the
factors causing or contributing to such emergency condition.
All persons whose interests are prejudiced or affected in any manner by
such order shall have the right to appear in person or by counsel at the
hearing and to present evidence relative to the facts giving rise to such
emergency order. Within twenty-four (24) hours after completion of the
hearing, the board shall affirm, modify or set aside the director's
emergency order or orders as the board deems appropriate. Thereupon the
board shall notify all parties appearing in person or by counsel of its
determination in writing, by certified mail.
(8.0) Sec. 18.100. Rules for controlling emissions during periods of high
air pollution potential.
A. General Provisions.
1. This regulation shall apply to all emissions from any source or
any premises.
2. It may apply to all or part of the city depending upon which
pollutant fulfills the requirements of subsection (B)(2), below,
and whether or not air sampling reveals only a localized
problem.
B. Air pollution alerts and emergencies.
1. Alert and emergency level values are stated as:
a. As used in this section, "product" means the hourly sulfur
dioxide concentration in parts per million multiplied by the
hourly particulate concentration expressed as the Coefficient
of Haze (COH) per 1,000 linear feet, or
b. The concentrations of S02, CO, Photochemical oxidants,
particulates in COHs, or N02-
The basis of reference for the city data shall be: Sulfur dioxide
as measured by the continuous modified West-Gaeke method or any
other method standardized against such; particulates as measured
by the automatic paper-tape sampler method, "ASTM Standard
Method of Test for Particulate Matter in the Atmosphere, Optical
Density of Filtered Deposit, D-1704-61", Carbon Monoxide as
measured by the infrared spectophotometer method, MSA Bulletin
No. 0705-10, Instrument Division, Pittsburgh, Pennsylvania, photo-
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chemical oxidants as measured by "Analytical Methods of the "Inter-
society Committee on Methods for Ambient Air Sampling and
Analyses" Health Laboratory Science, 1970."
2. Alert value.
a. Yellow Alert value. Any one of the following shall initiate
the yellow alert:
1. Product reaching 0.2 at any sampling station (24 hour
average).
2. Sulfur dioxide concentration reaching 0.30 ppm at any
sampling station (24 hour average).
3. Photochemical oxidant concentration reaching 0.10 ppm
at any sampling station (8 hour average).
4. Carbon monoxide concentration reaching 15 ppm at any
sampling station (8 hour average.).
5. Particulate concentration reaching 3 COHs (375 ug/m )
at any sampling station (24 hour average).
6. NO. concentration reaching 0.6 ppm at any sampling
station (1 hour average) 0.15 ppm (24 hour average).
b. Red Alert value. Any one of the following shall initiate
the red alert:
1. Product reaching 0.8 at any sampling station (24 hour
average).
2. Sulfur dioxide concentration reaching 0.6 ppm at any
sampling station (24 hour average).
3. Photochemical oxidant concentration reaching 0.4 ppm
at any sampling station (24 hour average).
4. Carbon monoxide concentration reaching 30 ppm at any
sampling station (8 hour average).
5. Particulate concentration reaching 5 COHs (625 ug/m )
a.t any sampling station £4 hour average).
6. NOp concentration reaching 1.2 ppm at any sampling station
( 1 hour average) 0.3 ppm (24 hour average).
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c. Emergency Alert value. Any one of the following shall ini-
tiate an emergency alert:
1. Product reaching 1.2 at any sampling station (24 hour
average).
2. Sulfur dioxide concentration reaching 0.8 ppm at any
sampling station (24 hour average).
3. Photochemical oxidant concentration reaching 0.6 ppm
at any sampling station ( hour average).
4. Carbon monoxide concentration reaching 40 ppm at any
sampling station (8 hour average).
5. Particulate concentration reaching 7 COHs (875 ug/m )
at any sampling station (24 hour average).
6. N02 concentration reaching .6 ppm at any sampling sta-
tion (1 hour average) 0.4 ppm (24 hour average).
C. Air Pollution Watch.
1. Air pollution watch procedures shall be initiated by the director
upon receipt of a 36-hour high air stagnation advisory from the
National Severe Storms Administration, or the National Air Pollu-
tion Control Administration for an area including all or part of
the affected area.
The following watch procedure shall apply:
a. Notify the technical staff, the chairman, and members of the
Missouri Air Conservation Commission that watch conditions
exist.
b. Notify all affected governmental control agencies that watch
conditions exist, and that coordination of action is required.
c. Increase the frequency of air monitoring at all sampling sta-
tions which are not continuous at intervals not exceeding
2 hours, with continual hourly review, at a central control
location, if such equipment is available and it is deemed
necessary by the director.
d. Inform the general public through the news media that a high
air pollution potential exists, the area or areas where high
initial readings have been obtained from sampling, and en-
courage persons suffering from respiratory ailments or heart
conditions to take whatever precautions are most appropriate.
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e. Backyard incineration, including the open burning of leaves,
tree trimmings, garbage, and other refuse shall be prohibited
throughout the entire affected area.
f. All variances or permits allowing open burning shall be
temporarily rendered invalid for the duration of the high air
pollution potential.
g. Facilities which are sources of air contaminant emissions
and are required to file approved alert plans with the direc-
tor shall be notified that watch conditions exist. All such
industries shall be requested to voluntarily begin actions
to reduce emissions of air contaminants from their operations,
consistent with the provisions of their yellow alert plans.
See Table I.
h. The director may request through the news media that the use
of automobiles be restricted to necessary driving only.
D. Yellow Alert.
1. Yellow alert procedures shall be initiated by the director if an
air stagnation advisory and/or the yellow alert values are
equalled or exceeded at any one sampling station within the
advisory area, unless there is a current forecast of meteorological
improvement within the next 24 hours.
2. The following yellow alert procedures shall apply:
a. Notify the technical staff, the chairman, and members of
the Missouri Air Conservation Commission that yellow alert
conditions exist.
b. Notify all affected governmental control agencies that
yellow alert conditions exist, and that coordination of
action is required.
c. Notify all hospitals within the affected area that yellow
alert conditions exist.
d. Increase the frequency of air monitoring at all sampling
stations which are not continuous at intervals not exceeding
1 hour, with continual hourly review at a central control
location, if such equipment is available and it is deemed
necessary by the director.
e. Inform the general public through the news media that a
yellow alert exists, the geographical area or areas where
the alert is applicable, the emission and type of source or
sources that initiated the alert, individual abatement
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actions which will help alleviate the problem, and encourage
those with respiratory ailments or heart conditions to take
the most appropriate and expedient precautions.
f. The director shall request very emphatically through the news
media that all unnecessary use of automobiles be restricted,
and that all entertainment functions and facilities be closed.
g. Facilities which are sources of air contaminant emissions and
are required to file approved alert plans with the director
for yellow alert conditions shall initiate such plans upon
notification by the director. See Table I.
h. No open burning will be allowed anywhere within the affected
area.
E. Red Alert.
1. Red alert procedures shall be initiated by the director if the
following requirements are met:
a. A 36 or 24-hour high air stagnation advisory is in effect
for all parts of the affected area.
b. The red alert values equalled or exceeded at any one moni-
toring station within the area.
The red alert can also be initiated if:
a. The red alert value is equalled or exceeded as the arithmetic
mean for 12 consecutive hours, and an air stagnation advisory.
b. The yellow alert value is equalled or exceeded as the arith-
metic mean for 24 consecutive hours and a forecast of stag-
nation for the following 12 hours is received.
2. The following red alert procedures shall apply:
a. Notify the technical staff, the chairman, and members of the
Missouri Air Conservation Commission that red alert conditions
exist.
b. Notify all affected governmental control agencies that red
alert conditions exist.
c. Notify all hospitals within the affected area that red
alert conditions exist.
d. Increase, if necessary, the frequency of air monitoring at
all sampling stations which are not continuous at intervals
not exceeding 1 hour with continual hourly review at a central
control location.
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e. • Inform the general public through the news media that a red
alert exists, the geographical area or areas where the alert
is applicable, the emission and type of source or sources
that initiated the alert, individual abatement actions which
will help alleviate the problem, and encourage those with
respiratory ailments or heart conditions to take the most
appropriate and expedient precautions.
f. Airlines operating within the red alert area shall be noti-
fied that such conditions exist, and that a reduction of
flights out of the airport may be required.
g. Non-local vehicular traffic may be diverted around the red
alert area depending upon which pollutant or pollutants
caused the alert.
h. Local vehicular traffic shall through the news media be told
to avoid certain areas, and emphatically told to restrict
nonessential trips.
i. All incineration and open burning shall cease, regardless
of location.
j. Facilities which are sources of air contaminant emissions
and are required to file approved alert plans with the direc-
tor for red alert conditions shall initiate such plans upon
notification by the director. See Table II.
F. Air Pollution Emergency.
1. Emergency procedures shall be initiated by the director if the
following requirements are met:
a. A 36 or 24-hour high air stagnation advisory is in effect for
all parts of the affected area.
b. The air pollution emergency values are equalled or exceeded
at any one monitoring station.
The air pollution emergency procedures can also be initiated if:
a. The air pollution emergency value is equalled or exceeded
as the arithmetic mean of 12 consecutive hours and a forecast
of stagnation for the following 12 hours is received, or
b. The red alert is equalled or exceeded as the arithmetic mean
for 24 hours and a forecast of stagnation for the following
12 hours is received, or
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c. The yellow alert value is equalled or exceeded as the
arithmetic mean for 36 hours and a forecast of stagnation
for the following 12 hours is received.
2. The following emergency procedures shall apply:
a. Notify the technical staff, the chairman, and members of the
Missouri Air Conservation Commission that an emergency exists.
b. Notify all affected governmental control agencies that an
emergency exists, and that coordination of action is required.
c. Notify all hospitals within the affected area that an emer-
gency exists, and to be so prepared.
d. Increase, if necessary, the frequency of air monitoring at
all sampling stations which are not continuous at intervals
not exceeding 1/2 hour with continual half-hour review at a
central control location.
e. Open burning and incineration shall cease throughout the area.
f. Facilities which are sources of air contaminant emissions and
are required to have filed approved plans upon notification
by the director or his representative that air pollution
emergency conditions exist. See Table III.
g. The use of motor vehicles is prohibited except in emergencies
with the approval of local or state police.
h. All manufacturing facilities except those listed in (F)(2)(f)
shall institute such action as will result in maximum reduc-
tion of air contaminants from their operations by ceasing,
curtailing, or postponing operations to the extent possible
without causing injury to persons or damage to equipment.
i. All airplane flights originating within the area of the air
pollution emergency shall be cancelled.
j. All places of employment described below shall immediately
cease operation during the air pollution emergency:
Mining and Quarrying
Contract Construction Work
Wholesale Trade Establishments
Schools and Libraries
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Governmental agencies except those needed to administer air
pollution alert programs and other essential agencies deter-
mined by the director to be vital for public safety and
welfare and needed to administer the provisions of these
regulations.
Retail trade stores except those dealing primarily in sale
of food or pharmacies.
Banks, real estate agencies, insurance offices and similar
businesses.
Laundries, cleaners and dryers, beauty and barber shops and
photographic studios.
Amusement and recreational service establishments such as
motion picture theaters.
Automobile repair and automobile service garages.
Advertising offices, consumer credit reporting, adjustment
and collection agencies, printing and duplicating services,
rental agencies and commercial testing laboratories.
G. It should be made clear that an air pollution watch, yellow alert,
red alert or emergency can be declared on the basis of deteriorating
air quality alone; an air stagnation advisory need not be in effect.
The appropriate episode status should be declared by the director
when any monitoring site records ambient air quality below that de-
dignated in the criteria.
The levels used to designate an air pollution emergency are those
that pose an eminent and substantial endangerment to public health.
Because these levels should not be permitted to occur, an air stag-
nation advisory should be declared when it appears that these levels
may be reached.
H. Termination of Alerts.
When in the judgment of the director meteorological conditions and
pollutant concentrations are such to warrant discontinuance of any
alert condition, he shall notify the technical staff, the chairman,
and members of the Missouri Air Conservation Commission that the alert
has been discontinued, and issue a public notice to that effect.
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TABLE I
YELLOW ALERT PLAN OBJECTIVES
Air Contaminant Source
Electric Power Generating
Facilities
Process Steam Generating
Facilities
Manufacturing industries of the
following (SIC) group designations
Paper and Allied Products
Industries-Group 26
Chemicals and Allied Products
Industries-Group 28
Petroleum Refining and Related
Industries-Group 29
Requirements for Plan
la. Reduction of emission by
utilization of fuels having
low ash and sulfur content.
b. Soot blowing and boiler
lancing to be allowed only
during periods of high
atmospheric turbulence
(12:00 PM.M to 4:00 P.M.)
c. Reduction of emissions by
diverting electric power
generation to facilities
outside of area for which
the alert is called.
2a. Reduction of emissions by
utilization of fuels having
low ash and sulfur content.
b. Soot blowing and boiler
lancing to be allowed only
during periods of high
atmospheric turbulence
(12:00 P.M. to 4:00 P.M.)
c. Reduction of steam load demands
consistent with continuing the
operation of the plant.
3a. Reduction of air contaminant
emissions by curtailing, post-
poning, or deferring production
and allied operations.
b. Stop all trade waste disposal
production which emit particles,
gases, vapors or malodorous sub-
stances including incineration.
c. Reduction of heat load demands
for processing to a minimum.
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4.
5.
Stone, Glass, Clay and Concrete
Product Industries-Group 32
Primary Metals Industries
-Group 33
Grain Industries -Group 20
Other manufacturing facilities
required to submit alert plans
by the Executive Secretary.
Private, public and commercial
refuse disposal operations.
6. Transportation
4a. Reduction of air contaminant
emissions by curtailing or
deferring production and allied
operations.
b. Stop all trade waste disposal
practices which emit particles,
gases, vapors or malodorous
substances including Incinera-
tion.
c. Reduction of heat load demands
for processing to a minimum.
5a. Stop all open burning including
disposal of diseased trees and
burning at fire fighting
schools, except as required
for disposal of hazardous
materials or other emergency
needs.
b. Operation of incinerators shall
be limited to the hours between
10:00 A.M. and 2:00 P.M.
6a. The unnecessary operation of
any motor vehicle should be
restricted.
TABLE II
RED ALERT PLAN OBJECTIVES
All Yellow ert plans shall be continued. In addition, the following
steps shall be taken:
Air Contaminant Source
1. Process steam generating
facilities
Requirements for Plan
la. Maximum reduction of air
contaminant emissions by
utilization of fuels havinq
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2. Manufacturing industries of the
following SIC Group designations
Paper and Allied Products
Industries-Group 26
Chemical and Allied Products
Industries-Group 28
Petroleum Refining and Related
Industries-Group 29
Stone, Glass, Clay and Concrete
Product Industries-Group 32
Primary Metals Industries
-Group 33
Grain Industries-Group 20
3. Other manufacturing facilities
required to submit alert plans
by the Executive Secretary.
4. Private, public
refuse disposal
5. Transportation
and commercial
operations.
the lowest ash end sulfur
content.
b. Maximum utilization of periods
of high atmospheric turbulence
(12:00 P.M. to 4:00 P.M.)
for soot blowing and boiler
lancing.
c. Prepare to implement the
"emergency" plan submitted
to the Executive Secretary.
2a. Maximum reduction of air
contaminant emission by, if
necessary, postponing pro-
duction and allied operations
b. Maximum reduction of heat load
demands for processing.
c. Prepare to implement the "emer-
gency" plan submitted to the
Executive Secretary.
3a. Maximum reduction of air
contaminant emissions by, if
necessary, postponing pro-
duction and allied operations,
4a. Stop operation of all
incinerators.
5a. Car pools and public trans-
portation must be used in
place of unnecessary motor
vehicle operation.
TABLE III
AIR POLLUTION EMERGENCY PLAN OBJECTIVES
Air Contaminant Source
Requirements for Plan
All Yellow and Red Alert plans shall be continued. In addition, the
following steps shell be taken:
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1. Process steam generating
facilities
la. Maximum reduction of air
contaminant emissions by
reducing heat and steam load
demands to values consistent
with preventing equipment
damage.
2.
3.
4.
Manufacturing industries of the
following SIC Group designations
Paper and Allied Products
Industries-Group 26
Chemicals and Allied Products
Industries-Group 28
Petroleum Refining and Related
Industries-Group 29
Stone, Glass, and Clay and
Concrete Product
Industries-Group 32
Primary Metal
Industries-Group 33
Grain Industries-Group 23
Other manufacturing facilities
required to submit alert plans
by the Executive Secretary.
2a.
3a.
Private, public and commercial
operations.
b.
4a.
Elimination of air contaminant
emission from the manufacturing
operations by ceasing, curtail-
ing, postponing or deferring
production and allied operations
to the extent possible without
causing injury to persons or
damage to equipment.
Elimination of air contaminant
emissions from the manufactur-
ing operations by ceasing,
curtailing postponing or
deferring production and allied
operations to the extent
possible without causing
injury to persons or damage
to equipment.
Maximum reduction of heat load
demands for processing.
The following places of employ-
«ent, i* noti*1«?rl hy the Execu-
tive Secretary, shall immedi-
ately cease operations:
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1. Mining and quarrying oper-
ations.
2. Construction projects except
as required to avoid emer-
gency physical harm.
3. Manufacturing establishments
except those required to
have in force an air pol-
lution alert plan.
4. Wholesale trade establish-
ments .
5. Governmental units, except
as required to implement
the provisions of these
regulations and other
operations essential to
immediate protection of
the public welfare and
safety.
6. Retail trade and service
establishments except
pharmacies, food stores
and other similar operations
providing for emergency
needs.
7. Other commercial service
operations such as those
engaged in banking, insur-
ance real estate, advertis-
ing, etc.
8. Educational institutions.
9. Amusement and recreational
facilities.
5. Transportation 5a. Motor vehicles shall only be
used for private and public
emergency needs.
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(16.0) Sec. 18.101 Air Pollution Control Advisory Board.
A. Appointed.
1. Advisory Board. There is hereby created an Air Pollution Control
Advisory Board, which shall consist of seven (7) members, to be
appointed by the Mayor, with the approval of the city council.
The purpose of the advisory board will be to provide advice,
guidance and assistance to the air pollution control program of
the city. The members shall be selected from nominees submitted
from civic organizations, both women's and men's, and shall
include three (3) persons representing industry and four (4)
persons representing the public interest from various areas of
the city. All members shall be appointed for a term of four (4)
years, except that for the initially appointed advisory board,
one (1) member shall serve for one (1) year, two members for
two (2) years, two members for three (3) years, and two (2)
members for four (4) years. Each member shall be a person who
has been a resident of Kansas City, Missouri continuously for
at least three (3) years prior to his appointment. No member
of the advisory board shall be an officer or an employee of any
governmental agency. Vacancies on the advisory board shall be
filled for the unexpired term by the mayor, with the approval
of the city council. Members appointed to fill vacancies shall
have qualifications which their predecessors were required to
possess.
2. Chairman. The mayor shall designate one of the members of the
advisory board to serve as chairman.
3. Secretary. The chief of the air pollution control division
shall serve as secretary to the advisory board and shall
maintain appropriate records of the advisory board proceedings.
The secretary shall have no vote on the advisory board.
B. Actions by Advisory Board.
1. General provisions.
a. The advisory board shall hold at least four (4) regular
meetings each year and such additional meetings as the
chairman deems desirable. The place and time of meetings
shall be established by the chairman.
b. Meetings of the board shall be conducted as a public forum
where major policy decisions, ordinance revisions, budget
requirements, and orogram developments can be discussed
publicly.
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c. The advisory board may:
(1) Review proposals for or on its own initiative recommend
a comprehensive plan or suggest revisions of existing
plans for the prevention, abatement and control of
air pollution.
(2) Review suggestions or on its own initiative make
recommendations for the development of a public
information program.
(3) Encourage the establishment of a uniform air pollution
control program for the metropolitan area.
(4) Undertake other advisory functions as the advisory
board may consider appropriate or the program director
may request.
(50.7) Sec. 18.102 Public Nuisance.
1. Unlawful. The emission into the ambient air of air contaminants
resulting in air pollution, in violation of any section under
this article, is declared to be and shall constitute a public
nuisance, and it shall be unlawful for any person to cause,
permit or maintain any such public nuisance.
2. Outside corporate limits. Pursuant to the provisions of
section 71.780, RSMo, the emission into the ambient air of
air contaminants resulting in air pollution, in violation of any
section under this article within the boundaries of the city and
within unincorporated areas within one-half (1/2) mile outside of
the city, is hereby declared to be a public nuisance which is
injurious to the health and welfare of the inhabitants of the
city.
(15.0) Sec. 18.102.1 Penalties.
1. Fine. Every person convicted of a violation of this article
shall be punished by a fine of not less than ten dollars
($10.00), nor more than five thousand dollars ($5,000.00) or by
imprisonment for not more than ninety (90) days, or by both
such fine and imprisonment. Each day that a violation shall
continue, after notice from the director, shall constitute a
separate offense.
2. Confidential information. Each willful disclosure of confidential
information or conspiracy to disclose such information to any
person other than the one entitled to such information in
pursuance of his duties under this article shall be deemed to be
a misdemeanor, and shall be subject to such civil remedies and
criminal penalties for such wrongful action as may be against him.
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(2.0) Sec. 18.102.2 Actionable Rights.
Persons other than the city shall not acquire actionable rights by
virtue of this article, including the sections hereunder. A determina-
tion by the director or the board that air pollution or air contamination
exists, or that this article or any section hereunder is being violated,
whether or not a proceeding or action is brought by the director, board
or city, shall not create by reason thereof, any presumption of law or
finding of fact which shall inure to or be for the benefit of any person
other than the city.
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FEDERALLY PROMULGATED
REGULATIONS
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(14.0) § 52.1324 • General Requirements.
(b) Regulation for public availability of emission data.
(1) Any person who cannot obtain emission data from the Agency
responsible for making emission data available to the public,
as specified in the applicable plan, concerning emissions
from any source subject to emission limitations which are
part of the approved plan may request that the appropriate
Regional Administrator obtain and make public such data.
Within 30 days after receipt of any such written request,
the Regional Administrator shall require the owner or
operator of any such source to submit information within
30 days on the nature and amounts of emissions from such
source and any other information as may be deemed necessary
by the Regional Administrator to determine whether such
source is in compliance with applicable emission limitations
or other control measures that are part of the applicable
plan.
(2) Commencing after the initial notification by the Regional
Administrator pursuant to paragraph (b)(l) of this
section, the owner or operator of the source shall maintain
records of the nature and amounts of emissions from such
source and any other information as may be deemed necess-
ary by the Regional Administrator, to determine whether such
source is in compliance with applicable emission limitations
or other control measures that are part of the plan. The
information recorded shall be summarized and reported to
the Regional Administrator, on forms furnished by the
Regional Administrator, and shall be submitted within 45
days after the end of the reporting period. Reporting
periods are January 1-June 30 and July 1-December 31.
(3) Information recorded by the owner or operator and copies of
this summarizing report submitted to the Regional Administra-
tor shall be retained by the owner or operator for 2 years
after the date on which the pertinent report is submitted.
(4) Emission data obtained from owners or operators of stationary
sources will be correlated with applicable emission limita-
tions and other control measures that are part of the
applicable plan and will be available at the appropriate
regional office and at other locations in the state designated
by the Regional Administrator.
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10.0) 52.1324 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.
(ii) For airports:
(a) An estimate of the average number and maximum number
of aircraft operations per day by type of aircraft
during the first, fifth and tenth years after the
date of expected completion.
(b) A description of the commercial, industrial, resi-
dential and other development that the applicant
expects will occur within three miles of the perim-
eter of the airport within the first five and the
first ten years after the date of expected comple-
tion.
(c) Expected passenger loadings at the airport.
(d) The information required under subdivisions (i) (a)
through (i) of this subparagraph.
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(iii) For highway projects:
(a) A description of the average and maximum traffic
volumes for one, eight, and 24-hour time periods
expected within 10 years of date of expected comple-
tion.
(b) An estimate of vehicle speeds for average and maxi-
mum traffic volume conditions and the vehicle capac-
ity of the highway project.
(c) A map showing the location of the highway project,
including the location of buildings along the right-
of-way.
(d) A description of the general features of the high-
way project and associated right-of-way, including
the approximate height of buildings adjacent to the
highway.
(e) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(iv) For indirect sources other than airports and those high-
way projects subject to the provisions of paragraph (b)
(6) (iii) of this section, the air quality monitoring re-
quirements of paragraph (b) (3) (i) (i) of this section
shall be limited to carbon monoxide, and shall be con-
ducted for a period of not more than 14 days.
(4) (i) For indirect sources other than highway projects and air-
ports, the Administrator shall not approve an application
to construct or modify if he determines that the indirect
source will:
(a) Cause a violation of the control strategy of any
applicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The Administrator shall make the determination pursuant
to paragraph (b) (4) (i) (b) of this section by eva^at-
ing the anticipated concentration of carbon monoxide at
reasonable receptor or exposure sites which will be af-
fected by the mobile source activity expected to be at-
tracted by the indirect source. Such determination may
be made by using traffic flow characteristic guidelines
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published by the Environmental Protection Agency which
relate traffic demand and capacity considerations to am-
bient carbon monoxide impact, by use of appropriate at-
mospheric diffusion models (examples of which are refer-
enced in Appendix 0 to Part 51 of this chapter), and/or
by any other reliable analytic method. The applicant
may (but need not) submit with his application, the re-
sults of an appropriate diffusion model and/or any other
reliable analytic method, along with the technical data
and information supporting such results. Any such results
and supporting data submitted by the applicant shall be
considered by the Administrator in making his determina-
tion pursuant to paragraph (b) (4) (i) (b) of this sec-
tion.
(5) (i) For airports subject to this paragraph, the Administrator
shall base his decision on the approval or disapproval of
an application on the considerations to be published as
an Appendix to this Part.
(ii) For highway projects and parking facilities specified
under paragraph (b) (2) of this section which are assoc-
iated with airports, the requirements and procedures
specified in paragraphs (b) (4) and (6) (i) and (ii) of
this section shall be met.
(6) (i) For all highway projects subject to this paragraph, the
Administrator shall not approve an application to con-
struct or modify if he determines that the indirect source
will:
(a) Cause a violation of the control strategy of any ap-
plicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The determination pursuant to paragraph (b) (6) (i) (b)
of this section shall be made by evaluating the anticipa-
ted concentration of carbon monoxide at reasonable re-
ceptor or exposure sites which will be affected by the
mobile source activity expected on the highway for the ten
year period following the expected date of completion ac-
cording to the procedures specified in paragraph (b) (4)
(ii) of this section.
(iii) For new highway projects subject to this paragraph with
an anticipated average daily traffic volume of 50,000 or
more vehicles within ten years of construction, or mod-
ifications to highway projects subject to this paragraph
which will increase average daily traffic volume by 25,000
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or more vehicles within ten years after modification, the
Administrator's decision on the approval or disapproval
of an application shall be based on the considerations to
be published as an Appendix to this Part in addition to
the requirements of paragraph (b) (6) (i) of this section.
(7) The determination of the air quality impact of a proposed indi-
rect source "at reasonable receptor or exposure sites", shall mean
such locations where people might reasonably be exposed for time
periods consistent with the national ambient air quality standards
for the pollutants specified for analysis pursuant to this para-
graph.
(8) (i) Within 20 days after receipt of an application or addition
thereto, the Administrator shall advise the owner or opera-
tor of any deficiency in the information submitted in sup-
port of the application. In the event of such a defi-
ciency, the date of receipt of the application for the
purpose of paragraph (b) (8) (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.
(1v) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the close
of the public comment period, the applicant may submit a
written response to any comments submitted by the public.
The Administrator shall consider the applicant's response
in making his final decision. All comments shall be made
available for public inspection in at least one location
in the region in which the indirect source would be lo-
cated.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the indirect source would
be located.
(vi) The Administrator may extend each of the time periods
specified in paragraphs (b) (8) (ii), (iv), or (v) of
this section by no more than 30 days, or such other peri-
od as agreed to by the applicant and the Administrator.
(9) (i) Whenever an indirect source as proposed by an owner or
operator's application would not be permitted to be con-
structed for failure to meet the tests set forth pursuant
to paragraphs (b) (4) (i), (b) (5) (i), or (b) (6) (i)
and (iii) of this section, the Administrator may impose
reasonable conditions on an approval related to the air
quality aspects of the proposed indirect source so that
such source, if constructed or modified in accordance
with such conditions, could meet the tests set forth
pursuant to paragraphs (b) (4) (i), (b) (5) (i), or (b)
(6) (i) and (iii) of this section. Such conditions may
include, but not be limited to:
(a) Binding commitments to roadway improvements or ad-
ditional mass transit facilities to serve the in-
direct source secured by the owner or operator from
governmental agencies having jurisdiction thereof;
(b) Binding commitments by the owner or operator to
specific programs for mass transit incentives for
employees and patrons of the source; and
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(c) Binding commitments by the owner or operator to con-
struct, modify, or operate the indirect source in
such a manner as may be necessary to achieve the
traffic flow characteristics published by the Envi-
ronmental Protection Agency pursuant to paragraph
(b) (4) (ii) of this section.
(ii) The Administrator may specify that any items of informa-
tion provided in an application for approval related to
the operation of an indirect source which may affect the
source's air quality impact shall be considered permit
conditions.
(10) Notwithstanding the provisions relating to modified indirect
sources contained in paragraph (b) (2) of this section, the Ad-
ministrator may condition any approval by reducing the extent to
which the indirect source may be further modified without resub-
mission for approval under this paragraph.
(11) Any owner or operator who fails to construct an indirect source
in accordance with the application as approved by the Administra-
tor; any owner or operator who fails to construct and operate an
indirect source in accordance with conditions imposed by the Ad-
ministrator under paragraph (b) (9) of this section; any owner
or operator who modifies an indirect source in violation of con-
ditions imposed by the Administrator under paragraph (b) (10) of
this section; or any owner or operator of an indirect source
subject to this paragraph who commences construction or modifi-
cation thereof after December 31, 1974, without applying for and
receiving approval hereunder, shall be subject to the penalties
specified under section 113 of the Act and shall be considered in
violation of an emission standard or limitation under section 304
of the Act. Subsequent modification to an approved indirect
source may be made without applying for permission pursuant to
this paragraph only where such modification would not violate any
condition imposed pursuant to paragraphs (b) (9) and (10) of this
section and would not be subject to the modification criteria set
forth in paragraph (b) (2) of this section.
(12) Approval to construct or modify shall become invalid if construc-
tion or modification is not commenced within 24 months after re-
ceipt of such approval. The Administrator may extend such time
period upon satisfactory showing that an extension is justified.
The applicant may apply for such an extension at the time of ini-
tial application or at any time thereafter.
(13) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strategy
and all local, State and Federal regulations which are part of the
applicable State implementation plan.
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(14) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting indirect source review pur-
suant to this paragraph to any agency, other than a regional of-
fice of the Environmental Protection Agency, the following pro-
Visions shall apply:
(i) Where the agency designated is not an air pollution
control agency, such agency shall consult the appropri-
ate State or local air pollution control agency prior to
making any determination required by paragraphs (b) (4),
(5), or (6) of this section. Similarly, where the agency
designated does not have continuing responsibilities for
land use planning, such agency shall consult with the
appropriate State or local land use and transportation
planning agency prior to making any determination re-
quired by paragraph (b) (9) of this section.
(ii) The Administrator of the Environmental Protection Agency
shall conduct the indirect source review pursuant to
this paragraph for any indirect source owned or operated
by the United States Government.
(iii) A copy of the notice required pursuant to paragraph (b)
(8) (ii) (c) of this section shall be sent to the Admin-
istrator through the appropriate Regional Office.
(15) In any area in which a "management of parking supply" regulation
which has been promulgated by the Administrator is in effect, in-
direct sources which are subject to review under the terms of such
a regulation shall not be required to seek review under this para-
graph but instead shall be required to seek review pursuant to
such management of parking supply regulation. For purposes of
this paragraph, a "management of parking supply" regulation shall
be any regulation promulgated by the Administrator as part of a
transportation control plan pursuant to the Clean Air Act which
requires that any new or modified facility containing a given num-
ber of parking spaces shall receive a permit or other prior approv-
al, issuance of which is to be conditioned on air quality consid-
erations.
(16) Notwithstanding any of the foregoing provisions to the contrary,
the operation of this paragraph is hereby suspended pending fur-
ther notice. No facility which commences construction prior to
the expiration of the sixth month after the operation of this para-
graph is reinstated (as to that type of facility) shall be subject
to this paragraph.
(37 FR 10846, May 31, 1972 as amended at 40 FR 28065, July 3,
1975; 40 FR 40160, Sept. 2, 1975)
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17.0) 52.1339 Prevention of Significant Deterioration
(b) Definitions. For the purposes of this section:
(1) "Facility" means an identifiable piece of process equipment. A
stationary source is composed of one or more pollutant-emitting
facilities.
(2) The phrase "Administrator" means the Administrator of the Envi-
ronmental Protection Agency or his designated representative.
(3) The phrase "Federal Land Manager" means the head, or his desig-
nated representative, of any Department or Agency of the Fed-
eral Government which administers federally-owned land, includ-
ing public domain lands.
(4) The phrase "Indian Reservation" means any federally-recognized
reservation established by Treaty, Agreement, Executive Order,
or Act of Congress.
(5) The phrase "Indian Governing Body" means the governing body of
any tribe, band, or group of Indians subject to the jurisdiction
of the United States and recognized by the United States as pos-
sessing power of self-government.
(6) "Construction" means fabrication, erection or installation of a
stationary source.
•(7) "Commenced" means that an owner or operator has undertaken a
continuous program of construction or modification or that an
owner or operator has entered into a contractual obligation to
undertake and complete, within a reasonable time, a continuous
program of construction or modification.
(c) Area designation and deterioration increment
(1) The provisions of this paragraph have been incorporated by ref-
erence into the applicable implementation plans for various
States, as provided in Subparts B through ODD of this part. Where
this paragraph is so incorporated, the provisions shall also be
applicable to all lands owned by the Federal Government and In-
dian Reservations located in such State. The provisions of this
paragraph do not apply in those counties or other functionally
equivalent areas that pervasively exceeded any national ambient
air quality standards during 1974 for sulfur dioxide or particu-
late matter and then only with respect to such pollutants.
States may notify the Administrator at any time of those areas
which exceeded the national standards during 1974 and therefore
are exempt from the requirements of this paragraph.
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(2) (i) For purposes of this paragraph, areas designated as Class
I or II shall be limited to the following increases in
pollutant concentration occurring since January 1, 1975:
Area Designations
Pollutant Class I Class II
(ug/m3) (ug/n»3)
Particulate matter:
Annual geometric mean 5 10
24-hr maximum 10 30
Sulfur dioxide:
Annual arithmetic mean 2 15
24-hr maximum 5 100
3-hr maximum 25 700
(ii) For purposes of this paragraph, areas designated as Class
III shall be limited to "concentrat1ons~of pa'rti'culate
matter and sulfur dioxide no greater than the national
ambient air quality standards.
(iii) The air quality impact of sources granted approval to
construct or modify prior to January 1, 1975 (pursuant to
the approved new source review procedures in the plan)
but not yet operating prior to January 1, 1975, shall not
be counted against the air quality increments specified
in paragraph (c) (2) (-i) of this section.
(3) (i) All areas are designated Class II as of the effective
date of this paragraph. Redesignation may be proposed by
the respective States, Federal Land Manager, or Indian
Governing Bodies, as provided below, subject to approval
by the Administrator.
(ii) The State may submit to the Administrator a proposal to
redesignate areas of the State Class I, Class II, or
Class III, provided that:
(a) At least one public hearing is held in or near the
area affected and this public hearing is held in
accordance with procedures established in 51.4 of
this chapter, and
(b) Other States, Indian Governing Bodies, and Federal
Land Managers whose lands may be affected by the
proposed redesignation are notified at least 30 days
prior to the public hearing, and
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(c) A discussion of the reasons' for the proposed redes-
ignation is available for public inspection at least
30 days prior to the hearing and the notice announc-
ing the hearing contains appropriate notification of
the availability of such discussion, and
(d) The proposed redesignation is based on the record of
the State's hearing, which must reflect the basis
for the proposed redesignation, including consider-
ation of (1) growth anticipated in the area, (2)
the social, environmental, and economic effects of
such redesignation upon the area being proposed for
redesignation and upon other areas and States, and
(3) any impacts of such proposed redesignation upon
regional or national interests.
(e) The redesignation is proposed after consultation
with the elected leadership of local and other sub-
state general purpose governments in the area cov-
ered by the proposed redesignation.
(iii) Except as provided in paragraph (c) (3) (iv) of this
section, a State in which lands owned by the Federal Gov-
ernment are located may submit to the Administrator a
proposal to redesignate such lands Class I, Class II, or
Class III in accordance with subdivision (ii) of this
subparagraph provided that:
(a) The redesignation is consistent with adjacent State
and privately owned land, and
(b) Such redesignation is proposed after consultation
with the Federal Land Manager.
(iv) Notwithstanding subdivision (iii) of this subparagraph,
the Federal Land Manager may submit to the Administrator
a proposal to redesignate any Federal lands to a more
restrictive designation than would otherwise be applic-
able provided that:
(a) The Federal Land Manager follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Federal Land is lo-
cated or which border the Federal Land.
(v) Nothing in this section is intended to convey authority
to the States over Indian Reservations where States have
not assumed such authority under other laws nor is it
intended to deny jurisdiction which States have assumed
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under other laws. Where a State has not assumed juris-
diction over an Indian Reservation the appropriate In-
dian Governing Body may submit to the Administrator a
proposal to redesignate areas Class I, Class II, or
Class III, provided that:
(a) The Indian Governing Body follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (11) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Indian Reservation
is located or which border the Indian Reservation
and, for those lands held in trust, with the approv-
al of the Secretary of the Interior.
(vi) The Administrator shall approve, within 90 days, any re-
designation proposed pursuant to this subparagraph as
follows:
(a) Any redesignation proposed pursuant to subdivisions
(ii) and (iii) of this subparagraph shall be approv-
ed unless the Administrator determines (1) that the
requirements of subdivisions (ii) and (iii) of this
subparagraph have not been complied with, (2) that
the State has arbitrarily and capriciously disre-
garded relevant considerations set forth in sub-
paragraph (3) (ii) (d) of this paragraph, or (3)
that the State has not requested and received dele-
gation of responsibility for carrying out the new
source review requirements of paragraphs (d) and (e)
of this section.
(b) Any redesignation proposed pursuant to subdivision
(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.
(e) Any proposed redesigration protested to the propos-
ing State, Indian Governing Body, or Federal Land
Manager and to the Administrator by another State or
Indian Governing Body because of the effects upon
such protesting State or Indian Reservation shall be
approved by the Administrator only if he determines
that in his judgment the redesignation appropriately
balances considerations of growth anticipated in the
area proposed to be redesignated; the social, envi-
ronmental and economic effects of such redesignation
upon the area being redesignated and upon other areas
and States; and any impacts upon regional or nation-
al interests.
(f) The requirements of paragraph (c) (3) (vi) (a) (3)
that a State request and receive delegation of the
new source review requirements of this section as a
condition to approval of a proposed redesignation,
shall include as a minimum receiving the administra-
tive and technical functions of the new source re-
view. The Administrator will carry out any required
enforcement action in cases where the State does not
have adequate legal authority to initiate such ac-
tions. The Administrator may waive the requirements
of paragraph (c) (3) (vi) (a) (3) if the State Attor-
ney-General has determined that the State cannot ac-
cept delegation of the administrative/technical func-
tions.
(vii) If the Administrator disapproves any proposed area desig-
nation under this subparagraph, the State, Federal Land
Manager or Indian Governing Body, as appropriate, may re-
submit the proposal after correcting the deficiencies
noted by the Administrator or reconsidering any area des-
ignation determined by the Administrator to be arbitrary
and capricious.
(d) Review of new sources
(1) The provisions of this paragraph have been incorporated by refer-
ence into the applicable implementation plans for various States,
as provided in Subparts B through ODD of this part. Where this
paragraph is so incorporated, the requirements of this paragraph
apply to any new or modified stationary source of the type iden-
tified below which has not commenced construction or modification
prior to June 1, 1975 except as specifically provided below. A
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source which is modified, but does not increase the amount of
sulfur oxides or particulate matter emitted, or is modified to
utilize an alternative fuel, or higher sulfur content fuel, shall
not be subject to this paragraph.
(i) Fossil-Fuel Steam Electric Plants of more than 1000 mil-
lion B.T.U. per hour heat input.
(ii) Coal Cleaning Plants.
(iii) Kraft Pulp Mills.
(iv) Portland Cement Plants.
(v) Primary Zinc Smelters.
(vi) Iron and Steel Mills.
(vii) Primary Aluminum Ore Reduction Plants.
(viii) Primary Copper Smelters.
(ix) Municipal Incinerators capable of charging more than 250
tons of refuse per 24 hour day.
(x) Sulfuric Acid Plants.
(xi) Petroleum Refineries.
(xii) Lime Plants.
(xiii) Phosphate Rock Processing Plants.
(xiv) By-Product Coke Oven Batteries.
(xv) Sulfur Recovery Plants.
(xvi) Carbon Black Plants (furnace process).
(xvii) Primary Lead Smelters.
(xviii) Fuel Conversion Plants.
(xix) Ferroalloy production facilities commencing construction
after October 5, 1975.
(2) No owner or operator shall commence construction or modification
of a source subject to this paragraph unless the Administrator de-
termines that, on the basis of information submitted pursuant to
subparagraph (3) of this paragraph:
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(i) The effect on air quality concentration of the source or
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 iri 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, the Administrator shall, as a minimum, require the owner
or operator of the source subject to this paragraph to submit:
site information, plans, description, specifications, and drawings
showing the design of the source; information necessary to de-
termine the impact that the construction or modification will have
on sulfur dioxide and particulate matter air quality levels; anJ
any other information necessary to determine that best available
control technology will be applied. Upon request of the Adminis-
trator, the owner or operator of the source shall provide informa-
tion on the nature and extent of general commercial, residential,
industrial, and other growth which has occurred in the area af-
fected by the source's emissions (such area to be specified by the
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Administrator) since January 1, 1975.
(4) (i) Where a new or modified source is located on Federal
Lands, such source shall be subject to the procedures
set forth in paragraphs (d) and (e) of this section.
Such procedures shall be in addition to applicable pro-
cedures conducted by the Federal Land Manager for admin-
istration and protection of the affected Federal Lands.
Where feasible, the Administrator will coordinate his
review and hearings with the Federal Land Manager to
avoid duplicate administrative procedures.
(ii) New or modified sources which are located on Indian
Reservations shall be subject to procedures set forth in
paragraphs (d) and (e) of this section. Such procedures
shall be administered by the Administrator in cooperation
with the Secretary of the Interior with respect to lands
over which the State has not assumed jurisdiction under
other laws.
(iii) Whenever any new or modified source is subject to action
by a Federal Agency which might necessitate preparation
of an environmental impact statement pursuant to the
National Environmental Policy Act (42 U.S.C. 4321), re-
view by the Administrator conducted pursuant to this
paragraph shall be coordinated with the broad environmen-
tal reviews under that Act, to the maximum extent feas-
ible and reasonable.
(5) Where an owner or operator has applied for permission to con-
struct or modify pursuant to this paragraph and the proposed
source would be located in an area which has been proposed for
redesignation to a more stringent class (or the State, Indian
Governing Body, or Federal Land Manager has announced such con-
sideration), approval shall not be granted until the Administra-
tor has acted on the proposed redesignation.
(e) Procedures for public participation
(1) (i) Within 20 days after receipt of an application to con-
struct, or any addition to such application, the Admin-
istrator shall advise the owner or operator of any de-
, ficiency in the information submitted in support of the
application. In the event of such a deficiency, the date
of receipt of the application for the purpose of para-
graph (e) (1) (ii) of this section shall be the date on
which all required information is received by the Admin-
istrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
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(a) Make a preliminary determination whether the source
should be approved, approved with conditions, or dis-
approved.
(b) Make available in at least one location in each re-
gion in which the proposed source would be construct-
ed, a copy of all materials submitted by the owner or
operator, a copy of the Administrator's preliminary
determination and a copy or summary of other materi-
als, if any, considered by the Administrator in mak-
ing his preliminary determination; and
(c) Notify the public, by prominent advertisement in
newspaper of general circulation in each region in
which the proposed source would be constructed, of
the opportunity for written public comment on the in-
formation submitted by the owner or operator and the
Administrator's preliminary determination on the ap-
provability of the source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials and
agencies having cognizance over the locations where the
source will be situated as follows: State and local air
pollution control agencies, the chief executive of the
city and county; any comprehensive regional land use plan-
ning agency; and any State, Federal Land Manager or In-
dian Governing Body whose lands will be significantly af-
fected by the source's emissions.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the
close of the public comment period, the applicant may sub-
mit a written response to any comments submitted by the
public. The Administrator shall consider the applicant's
response in making his final decision. All comments shall
be made available for public'ihspVctio'h in at least one
location in the region in which the source would be located.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the source would be lo-
cated.
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(vi) The Administrator may extend each of the time periods
specified in paragraph (e) (1) (ii), (iv), or (v) of this
section by no more than 30 days or such other period as
agreed to by .the applicant and.the Administrator.
(2) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as ap-
proved and conditioned by the Administrator, or any owner or op-
erator of a stationary source subject to this paragraph who com-
mences construction or modification after June 1, 1975, without
applying for and receiving approval hereunder, shall be subject
to enforcement action under section 113 of the Act.
(3) Approval to construct or modify shall become invalid if construc-
tion or expansion is not commenced within 18 months after receipt
of such approval or if construction is discontinued for a period
of 18 months or more. The Administrator may extend such time pe-
riod upon a satisfactory showing that an extension is justified.
(4) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strat-
egy and all local, State, and Federal regulations which are part
of the applicable State Implementation Plan.
(f) Delegation of authority
(1) The Administrator shall have the authority to delegate responsi-
bility for implementing the procedures for conducting source re-
view pursuant to paragraphs (d) and (e), in accordance with sub-
paragraphs (2), (3), and (4) of this paragraph.
(2) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting source review pursuant to
this section to any Agency, other than a regional office of the
Environmental Protection Agency, the following provisions shall
apply:
(i) Where the agency designated is not an air pollution con-
trol agency, such agency shall consult with the appropri-
ate State and local air pollution control agency prior to
making any determination required by paragraph (d) of
this section. Similarly, where the agency designated
does not have continuing responsibilities for managing
land use, such agency shall consult with the appropriate
State and local agency which is primarily responsible for
managing land use prior to making any determination re-
quired by paragraph (d) of this section.
(ii) A copy of the notice pursuant to paragraph (e) (1) (ii)
(c) of this section shall be sent to the Administrator
through the appropriate regional office.
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(3) In accordance with Executive Order 11752, the Administrator's
authority for implementing the procedures for conducting source
review pursuant to this section shall not be delegated, other than
to a regional office of the Environmental Protection Agency, for
new or modified sources which are owned or operated by the Federal
government or for new or modified sources located on Federal lands;
except that, with respect to the latter category, where new or
modified sources are constructed or operated on Federal lands pur-
suant to leasing or other Federal agreements, the Federal land
Manager may at his discretion, to the extent permissible under ap-
plicable statutes and regulations, require the lessee or permittee
to be subject to a designated State or local agency's procedures
developed pursuant to paragraphs (d) and (e) of this section.
(4) The Administrator's authority for implementing the procedures for
conducting source review pursuant to this section shall not be re-
delegated, other than to a regional office of the Environmental
Protection Agency, for new or modified sources which are located
on Indian reservations except where the State has assumed juris-
diction over such land under other laws, in which case the Admin-
istrator may delegate his authority to the States in accordance
with subparagraphs (2), (3), and (4) of this paragraph.
(39 FR 42514, Dec. 5, 1974; 40 FR 2802, Jan. 16, 1975, as
amended at 40 FR 24535, June 9, 1975; 40 FR 25005, June 12,
2975; 40 FR 42012, Sept. 10, 1975)
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