United States
Environmental Protection
Agency
Air Pollution Training Inctitute
MD20
Environmental Research Center
Research Triangle Park NC 27711
Air
APTI
Course 444
Air Pollution
Field Enforcement
IT
Student Manual

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 United States                                 Air Pollution Training Institute
 Environmental Protection                       MD-17
 Agency	Research Triangle Park, NC 27711
 Air
                                   APTI
                                 Course 444
                Air Pollution Field  Enforcement
                           STUDENT MANUAL
                              Jerry W. Crowder
                     Crowder Environmental Associates, Inc.
                             2905 Province Place
                             Piano, Texas 75075

                              Joe G. Moore, Jr.
                             BCM Engineers, Inc.
                        14651 Dallas Parkway, Suite 102
                             Dallas, Texas 75240
                               September 1990
United States Environmental Protection  Agency, Manpower and Technical Information
Branch, Office  of Air Quality Planning and Standards, Research Triangle Park,  North
Carolina 27711                                 	
                                                                  EPA5EB000156

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                               Notice
 Although the information is this document has been funded wholly or in part
 by the United States Environmental Protection Agency under  Order No.
 9D3245NATA to Dr. Jerry W. Crowder, it may not necessarily reflect the
 views of the Agency and no official endorsement should be inferred.	
                      Note from the Authors
This document is current as of September 1990.  The policies and rules stated
in this document represent the views of the authors and are not necessarily the
view  of the United States Environmental Agency.  Policies and rules  are
likely to change in the future. Readers are advised to contact either their state
agency or the USEPA regional office for official policies and rules and their
interpretation.	

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        Table of Contents
Topic                           	Page
Chapter 1: Overview of Air Pollution Control
Goal
Objectives
Introduction
Air Quality Management
An Ambient Air Quality Model
Air Quality Index
National Ambient Air Quality Standards
Hazardous Pollutants
Other Pollutants
Air Quality Control in the U.S.
Enforcement Responsibilities
References
1-1
1-1
1-2
1-2
1-2
1-4
1-4
1-5
1-5
1-6
1-6
1-7
Chapter 2: Role of the Inspector
Goal
Objectives
Introduction
Role of the Inspector
Personal Qualities and Skills
Orientation and Training
References
2-1
2-1
2-2
2-2
3-2
2-4
2-5
Chapter 3: The Enforcement Process
Goal
Objectives
Introduction
3-1
3-1
3-2
                III

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        Enforcement Systems                              •                       3-2
               Permits to Construct and Initially Operate                            3-2
               Cyclic Operating Permits                                           3-3
               Compliance Plan Enforcement                                      3-4
               Surveillance and Complaint Response                                3-5
        Enforcement Actions                                                     3-5
        Enforcement Policy                                                      3-6
        References                                                              3-8
 Chapter 4:  Off-Site Surveillance	

        Goal                                                                    4-1
        Objectives                                                               4-1
        Introduction                                                             4-2
        Surveillance Principles                                                    4-2
              District Surveillance                                               4-3
              Pre-Inspection Surveillance                                         4-4
              Surveillance by Instruments or Effects Indicators                      4-4
                     Ambient Sampling                                          4-4
                     Deposition Sampling                                        4-4
                     Remote Sensing                                             4-5
                     Effects Indicators                                           4-5
        Enforcement of Visible Emissions Regulations                               4-6
        Guidelines for Evaluating Visible Emissions in the Field                      4-7
              Office Preparation                                                 4-7
              Field Equipment                                                   4-8
              Observer's Location                                                4-9
              Evaluation Procedures                                             4-11
       Documentation of a Violation                                             4-13
       The Inspector as an Expert Witness                                        4-16
       References                                                              4-17
Chapter 5:  On-Site Inspection of Sources	

       Goal                                                                     5-1
       Objectives                                                                5-1
       Introduction                                                              5-2
                                          rv

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       Types of Inspections                                                     5-2
             Facility Inspection                                                5-2
             Violation Inspection                                               5-3
             Complaint Inspections                                             5-3
             Inspections Relating to Emergencies                                5-3
       Elements of the Inspection Process                                        5-4
             Pre-Inspection Preparation                                         5-4
             Pre-Entry Observations                                            5-6
             Entry                                                            5-7
             Opening Conference                                               5-8
             Inspection Documentation                                         5-9
                    Field Notebook                                            5-10
                    Visible Emission Observation Form                          5-11
                    Samples, Chain of Custody and Laboratory Analyses           5-11
                    Drawings and Maps                                        5-11
                    Copies of Records                                         5-11
                    Statements                                                5-12
                    Printed Matter                                             5-13
                    Photographs                                               5-13
             Closing Conference                                               5-14
             File Update and Report Preparation                                 5-15
       Handling Confidential Business Information                                5-16
       Chain of Custody Procedures                                             5-19
       References                                                             5-21
Chapter 6: Federal Legal Provisions	

       Goal                                                                   6-1
       Objectives                                                              6-1
       Introduction                                                            6-2
       Constitutional Provisions                         •                        6-2
             The Fourth Amendment                                           6-2
             The Fifth Amendment                                             6-2
             The Fourteenth Amendment                                        6-3
       The U.S. Clean Air Act                                                   6-3
             State Implementation Plans                                        6-4
             Federal Enforcement                                              6-4
                    National Emission Standard for Hazardous Air Pollutants       6-4
                    Section 113 of the Clean Air Act                             6-5
                    Section 303 of the Clean Air Act                             6-5

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              Permit Requirements                                              6-5
                    New Source Performance Standards                          6-5
                    Prevention of Significant Deterioration                       6-6
                    Nonattainment Areas                                       6-7
       References                                                             6-10
Chapter 7:  State and Local Laws and Administrative Procedures	

       Goal                                                                   7-1
       Objectives                                                              7-1
       Introduction                                                            7-2
       Police Power                                                           7-2
       Common Law Nuisance                                                  7-2
       The Statutory Approach                                                  7-3
       Hearings Prior to Regulation Adoption                                     7-3
       Adjudicatory Hearings                                                   7-4
       References                                                              7-6

Chapter 8: Litigation Procedures	

       Goal                                                                   8-1
       Objectives                                                              8-1
       Introduction                                                            8-2
       Types of Litigation                                                      8-2
             Civil Actions                                                     8-2
             Criminal Actions                                                  8-2
       Pre-Trial Discovery                                                      8-3
             Deposition                                                       8-3
             Interrogatories                                                    8-3
       Principle Rules of Evidence                                               8-4
             Hearsay Rule                                                     8-4
             Best Evidence                                                    8-4
             Leading a Witness                                                8-4
      Do's and Don'ts for a Witness                                             8-4
      Informal Conferences Off-the-Record or In-Chambers                        8-5
      References                                                              8-6
                                         vi

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Chapter 9: Courtroom Procedures
       Goal                                                                 9-1
       Objectives                                                            9-1
       Introduction                                                           9-2
       The Role of the Witness                                                9-2
       Vocabulary of the Courtroom                                            9-2
       References                                                            9-3
Chapter 10:  Overview of Federal Enforcement	

       Goal                                                                 10-1
       Objectives                                                            9-1
       Introduction                                                           10-2
       Interface with State and Local Enforcement                                10-2
       Provisions of the CAA which Pertain to Federal Enforcement                10-2
       Clean Air Act Enforcement                                              10-3
             Enforcement Prior to the 1977 Amendments                         10-3
             Congressional concerns with the 1970 Law                          10-3
             Clean Air Act Amendments of 1977                                10-3
       Processing Section 113 Enforcement Actions                              10-4
       Penalties                                                              10-6
             Criminal                                                       10-6
             Civil                                                           10-6
             Section  120 Administrative Penalties                               10-6
       Audit by EPA of State Source Inspection                                  10-6
       References                                                            10-7

Chapter 11:  Handling Nuisance Complaints	

       Goal                                                                 11-1
       Objectives                                                            11-1
       Introduction                                                           11-2
       Public Nuisance, Legal Aspects                                          11-2
       Causes of Nuisance Complaints                                          11-2
       Receiving a Complaint                                                  11-3
                                       VII

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Complaint Investigation
Complainant Interview
Inspection of the Source
Resolution of the Nuisance
Enforcement
References
11-4
11-4
11-6
11-7
11-8
11-9
Chapter 12: Odor Detection and Evaluation
Goal
Objectives
Introduction
Characteristics of Odors and Odorants
Odor Perception
Odor Parameters
Quality
Intensity
Acceptability
Pervasiveness
Determinants of Odor Perception
Identity of Odorant
Ambient Conditions
Status of Receptor
Measurement of Odor Intensity
Sampling for Later Evaluation
Dilution Techniques
Determining Sources Responsible for Odors
Odor Transport
Determining Air Flow from Source
Wind Vector Measurement
Recording Odor Surveys
Relating Source Strength to Control Requirements
Odor Control
References
12-1
12-1
12-2
12-2
12-3
12-3
12-4
12-5
12-6
12-6
12-6
12-6
12-7
12-7
12-8
12-10
12-11
12-12
12-13
12-13
12-14
12-14
12-15
12-16
12-17
viii

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Chapter 13: Baseline Source Inspection Techniques
       Goal                                                                   13-1
       Objectives                                                              13-1
       Introduction                                                            13-2
       Principles of the Baseline Method                                         13-2
       Components of the Control System                                        13-3
       Inspection of the Ancillary Components                                   13-4
              Contaminant Capture                                             13-4
              Transport                                                        13-4
              Air Moving                                                      13-5
              Instrumentation                                                  13-5
              Other Components                                                13-6
       Classification of Air Pollution Control Devices                             13-7
       Inspection of Control Devices                                            13-8
              Settling Chambers                                                13-8
              Cyclones                                                        13-8
              Fabric Filters                                                    13-9
              Electrostatic Precipitators                                         13-10
              Wet Collectors                                                  13-11
                     Spray Tower                                             13-11
                     Tray Scrubber                                            13-12
                     Packed Tower                                            13-12
                     Venturi Scrubber                                         13-12
              Adsorbers                                                       13-13
              Incinerators                                                     13-14
              Condensers                                                     13-14
       References                                                            13-16
Chapter 14:  Inspection Safety	

       Goal                                                                   14-1
       Objectives                                                              14-1
       Introduction                                                            14-2
       General Considerations                                                   14-2
       General Safety Procedures                                                14-3
       Walking and Climbing Hazards                                           14-4
       Eye and Hearing Protection                                               14-5
                                         IX

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Electrical Hazards                                                        14-5
Explosions                                                               14-5
Burns                                                                    14-6
Inhalation Hazards                                                        14-6
Heat Stress                                                               14-7
Cold Stress                                                               14-7
Skin Absorbable Chemicals                                                14-8
References                                                               14-9

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                              Chapter 1
       Overview of  Air Pollution Control
Goal
The purpose of this lesson is to present the broad objectives and means of attainment of
the air pollution control effort in the United States.

Objectives
At the end of this lesson, the student should be able to:
      1.     Recite the  ultimate goal of the  air pollution control agency and
            how progress toward the goal is measured.
      2.     Define ambient air quality.
      3.     Explain the fundamental relationships which create ambient air
            quality.
      4.     Name the criteria pollutants.
      5.     Differentiate  between primary and secondary National Ambient
            Air  Quality  Standards and  between  primary and  secondary
            pollutants.
      6.     Explain background pollution levels.
      7.     List the hazardous pollutants covered by NESHAPS.
      8.     Identify three meteorological factors important in air pollution
            control.
      9.     Identify the basic concept of air quality control in the U.S.
      10.    Define atmospheric reaction products.
      11.    State the source of regulations  enforced" by the state and local
            inspectors.
                                   1-1

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 Introduction
       An understanding of the principles of air quality management will provide a
 better understanding of the role of the air pollution inspector.  APTI self-instructional
 Course 81:422, "Air Pollution Control Orientation Course", is highly recommended as
 preparation for study in the field of air pollution enforcement.  The following overview
 will briefly highlight the fundamentals of air quality management.

 Air Quality Management
       The basic objective of an air pollution control program is to attain and maintain a
 level of outdoor air quality which will protect against adverse effects on public health
 and welfare and prevent significant deterioration of air quality in regions where the air is
 considered clean.

       Health is considered to be a state of complete physical,  mental and social well-
 being and not merely the absence of disease. The Clean Air Act, Sec. 302(h), states that
 all language referring to effects on welfare includes, but is not limited to, effects on soils,
 water, crops, vegetation, anthropogenic materials, animals, wild-life, weather, visibility,
 climate, damage to and deterioration of property, and hazards to transportation, as well
 as effects on economic values and on personal comfort and well-being.

       Monitoring progress toward the ultimate goal is accomplished by measuring the
 ambient air quality.  Because the ambient system is constantly in motion,  pollutant
 concentrations are also highly variable. Therefore, ambient air quality is defined as the
 pattern of the occurrences of levels of air contaminants in the outdoor air.

 An Ambient Air Quality Model
       A  conceptual model may be developed  to  represent  the  major factors that
 contribute to the air quality of a region. The model separates emitters from receptors
 and demonstrates that air quality results from the transport, diffusion or accumulation of
 contaminants from sources, atmospheric reaction products, background influx, and
 deposition and re-entrainment from surfaces. The model, illustrated in Figure 1-1, is
written as:

                                     E+A+B+C
                           AAQ = —	
                                       1-2

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where  AAQ = ambient air quality in /Ltg/m3

        E   = the sum  of  emissions from within the region,  including both
                stationary and  moving  sources  and fugitive emissions  from
                storage piles, material handling, construction and demolition,
                building openings, etc.  These are identified as the point and
                area sources within the air quality control region.  The units are
                fig/sec.

        A   = the effect of atmospheric reaction.  This term  may be  either
                positive or negative, depending on whether the contaminant is
                generated or consumed by the reaction. This parameter is also
                affected by the frequency and intensity of solar radiation. The
                units are jig/sec.

        B   = background  pollutants flowing  into the region from outside its
                boundaries.  This parameter is influenced by rainfall, snow cover
                and humidity.  The significance of background influx can be
                considerable  in determining  the required reduction  of E
                necessary to meet the air  quality standard.  Obviously, if B
                exceeds the standard, no amount of reduction in E will achieve
                attainment. The units are jig/sec.

        C   = the effect of deposition and re-entrainment from surfaces.  This
                term may also  be either positive or negative,  depending on
                whether the  contaminant is deposited on or released from the
                surface.   If both  are occurring simultaneously, the sign is
                determined by the process that dominates and the value is given
                by the difference in rates. This parameter is also influenced by
                rainfall, snow cover and humidity. The units are /ig/sec.

        F   = the effective dilution flow of atmospheric air through the region.
                This parameter is  affected by horizontal  wind  speed and
                atmospheric stability or turbulence The units are m3/sec.


       The model is applied to each pollutant separately, because air quality is  defined

on a single contaminant basis. In so doing, one or more of the terms may reduce to zero.


ForSQj

                                     E-A+B-C
                           AAQ =
since SOz is depleted by atmospheric reaction and tends to deposit onto surfaces at a

rate greater than it is released.
                                       1-3

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 ForPM-10
                                    E+A+B+C
                           AAQ =
 since small particles are produced by atmospheric reaction and tend to be released from
 surfaces at a rate greater than they deposit.

 ForQj
                                    0+A+B-C
                           AAQ =	
 since Os is formed by atmospheric reaction, is not significantly emitted from point and
 area sources and tends to deposit on surfaces at a rate greater than it is released.

 Air Qualify Index
       A number and descriptive term that is used to characterize air quality for a given
 location and time period is referred to as an air quality index. The index proscribed for
 all cities larger than 200,000 population is the Pollutant Standard Index (PSI) developed
 by EPA

       The PoDutant Standard Index is determined by dividing the concentrations of
 each of the five major air pollutants-nitrogen dioxide, sulfur dioxide, carbon monoxide,
 ozone and paniculate matter~for a given time period by the corresponding  National
 Ambient Air Quality Standard (NAAQS)  to obtain a number between 0 and 500.  The
 reported index is based on the pollutant having the highest PSI value.  Accompanying
 each index range is a description of the general health effects and the precautions to
 take. The index ranges and corresponding descriptions are as follows:
                               0-50  ~ good
                             51-100  — moderate
                            101-200  -- unhealthful
                            201-300  - very unhealthful
                            301-500  - hazardous

 National Ambient Air Quality Standards
      National Ambient Air Quality Standards designed to provide an acceptable level
of air quality were promulgated by EPA in 1970. Six contaminants, termed "criteria
pollutants", were  originally  named:  CO,  SO*  NO*  non-methane hydrocarbons,
                                     1-4

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photochemical oxidants, and total suspended participates (TSP).  Since that time, lead
has been added, non-methane hydrocarbons has been removed, photochemical oxidants
has been replaced by ozone (O3) and TSP has been replaced by PM-10.

       To further define  air quality goals,  NAAQS are  divided into primary and
secondary levels.  The primary standards are designed to protect human health with an
adequate margin  of safety. The secondary standards are set to prevent other adverse
effects  from air  pollution, including damage  to flora and fauna and materials of
economic value.

       The terms primary and secondary are also used in reference to the pollutants
themselves. The primary criteria pollutants are those which are directly emitted into the
atmosphere and include CO, SOa, PM-10, lead and NO. Secondary pollutants are those
formed primarily by atmospheric reaction and include Oa and
 Hazardous Pollutants
       The Clean Air Act, Sec. 112(a)(l), defines hazardous pollutants as those "which
 may reasonably be anticipated to result in an increase in mortality or an increase in
 serious irreversible, or  incapacitating reversible, illness." National Emission Standards
 for Hazardous Air Pollutants, NESHAPS, have been established for such pollutants as
 asbestos, beryllium, mercury, vinyl chloride, benzene, radionuclides, inorganic arsenic
 and coke oven emissions.

 Other Pollutants
       Most state and local jurisdictions are vitally concerned with many contaminants
 not included in the national program.  These other contaminants cause a variety of
 effects in local areas, such as vegetation and materials damage, injury to livestock and
 discomfort to individuals.  Regulations dealing with these pollutants are enacted and
 enforced by the state and local agencies.

       During the last few years, regulations have emerged, primarily at the state and
 local level, for the control of air toxics. Air toxics refer to those air pollutants that may
 pose a potential health risk when emitted  into the air,  but for which EPA has  not
 established an  NAAQS.  Approximately 800 pollutants are currently  regulated  by
various state and local air toxics programs, ranging from common elements such as iron
and nickel or simple organics such as benzene, to complex chemical such as polynuclear
aromatic hydrocarbons.
                                      1-5

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Air Quality Control in the U.S.
      Air quality control in the U.S. is a two level program, with the efforts of the states
and their political subdivisions dictated by their own legislative actions to  meet their
particular  needs, and the Federal  program based on Federal laws and regulations
created by the Clean Air Act.  Since 1970, the Federal program has strongly influenced
state and local programs through the promulgation of national requirements imposed on
states and local governments.

Enforcement Responsibilities
      The major component of an enforcement program that determines the role of
the inspector comes from  the  control  strategy embodied in the applicable  state
implementation plan. Federal inspectors find their enforcement role spelled out in the
Clean Air Act and resulting Federal regulations. Both levels of enforcement action
target the same  major sources, leading to  cooperative or duplicate or unilateral actions
that are often confusing to the regulated sources and the public.
                                     1-6

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References


Gruber, C.W., and P.M. Giblin, "Air Pollution Field Enforcement: Student Manual",
      EPA 450/2-80-075, March 1980.
                                    1-7

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                            .:.-.;.••;:••:. •;-'vi^V:/:';S'

                          «"*'    *  *  V**'**—
                         *-*^ r*'***.^^ .•* •*  • ^fj-i
                         'V^ *4"*''>+;*.-  ^••."•*:
                                   A^Vi^ *-"••"••••
Figure 1-1: Ambient Air Quality Model
                1-8

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                                Chapter 2
                   Role  of the  Inspector
Goal
The purpose of this lesson it to describe the job characteristics and necessary personal
qualities of the agency inspector.


Objectives

At the end of this lesson, the student should be able to:

       1.    State the role of the field inspector.

       2.    State three job-related requirements a newly hired inspector must
            learn.

       3.    State what determines the scope of the field operations program.

       4.    State at least five field enforcement activities.

       5.    Identify at least five specific characteristics of the inspector's job.

       6.    State at least three methods of continuing self-education by day to day
            working experience.

       7.    List at least four  personal qualities or skills needed  by the agency
            inspector.

       8.    Identify three nonverbal influences in communications.
                                     2-:

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 Introduction
        This chapter describes the job of the inspector and the personal qualities necessary to
 satisfactorily perform these duties.


 Role  of the Inspector
        Inspectors form the primary field operation of the control agency. Tasks assigned
 may include field surveillance; complaint investigation; facility inspections; writing reports,
 composing orders, recommending or serving notices of violation; assisting  in developing
 compliance plans; serving as a witness before a hearing board or a court;  or assisting in
 other operations, such as source testing  or sample collection.  The specific duties of an
 inspector will be  determined  by the scope of the agency's field  operations, and that is
 influenced markedly by the level of the agency.

        Field enforcement responsibilities at the local level (city, county or regional agency
 or district office of a state agency) generally involve the supervision of a wide variety and
 large number of sources.  The inspector is physically close to  the pollution sources and to the
 citizens, who generally expect prompt response to complaints.  In cases of litigation,  the
 inspector usually has little advance consultation with legal counsel.

        Enforcement officers at a centralized state agency are farther removed from sources,
 requiring greater travel and less frequent inspections. Enforcement tends to emphasize larger
 sources than in areas served by local agencies and usually relies on in-house legal counsel.

        At the federal level, enforcement emphasis  is placed  on major stationary sources of
 pollutants and is  usually structured on a case-by-case basis with legal consultation from
 within the agency.  Actions  are usually in cooperation with the state but may preempt the
 state under certain conditions.

       Within an agency, the scope of field operations will  be influenced by both internal
 and external determinants.  The major external determinants are the number and types of
 stationary  sources that   require surveillance  and  the  status of  their  compliance with
 regulations, compliance plans, consent orders, etc.  The major internal determinants are the
 complexity  of the  rules and regulations; the support required for source registration  and
permit  inspections;  the frequency of required  re-inspections; and the administrative  and
enforcement policies of the agency.
                                          2-2

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       The inspector's job is both people and situation oriented. Field personnel must deal
 with the  motivations, needs and problems  of individuals and with other  environmental,
 economic, legal  and social  considerations  that may be encountered in the field.  The
 inspector is constantly meeting and dealing with people face to face; obtaining information,
 conducting investigations,  seeking  provable,  factual evidence; answering  questions and
 solving  problems; forming  judgments and taking  enforcement actions;  preparing and
 preserving the record in written reports; and giving persuasive testimony.  The inspector
 represents the agency in the field and, in the  eyes of the general public, often is the agency.
 The ultimate success or failure of the enforcement program depends heavily upon how well
 inspectors do their job.


 Personal Qualities and Skills
       The inspector should possess a mature personality and be capable of dealing with the
 public in an efficient and businesslike manner, often under strained conditions. At times, the
 inspector must listen to caustic comment and  criticism with self control to avoid argument or
 debate. Under such circumstances, maintaining a courteous demeanor can be difficult.

       The ability to communicate is essential for an inspector. Effective communications
 may well be the lubricant that can prevent friction between violator and enforcer.  However,
 the inspector should be aware that communicating is more than a  matter of people talking
 to each other. Be sure the other party understands the full meaning and import of what you
 say and what you may want them to do.  Avoid ordering or commanding: "Do this!", "Do
 that!", "Because  I say so", or "Because the law says so".   Remember, the right words
 communicate, while the wrong words irritate.

       The spoken words are by no means the sum total of communications.  The nonverbal
 influences can be just as important  How the inspector acts  and  dresses and the level of
 calmness and self-assurance are all part of effective communications. Don't make it tough
 on yourself by going into an interview with a  chip on your shoulder.

       The inspector's dress and appearance  must be neat and well groomed. This may  be
 difficult to achieve, since alternating situations of office and plant, clean and duty, heat and
cold must often  be  accommodated.   If the inspection visit is to involve entry  into a
manufacturing or operating area, remember that ties, loose coats and street shoes have  no
place in this environment
                                         2-3

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        The inspector must develop investigative skills in gathering facts and organizing
 them in a concise manner.  The inspector must be observant of signs important to the central
 theme  of the inspection or investigation;  resourceful in  applying innovative methods to
 unusual situations;  able to pick  out from  the sum  total of conversation and  directed
 inspections that which is meaningful to the purpose; and skillful in directing the interview
 and inspection to obtain the factual material needed.

        In order to develop the qualities needed, the inspector must have  a capacity for
 learning in the technical and  legal disciplines.  The technical aspects  encompass  a broad
 understanding of the entire field of air quality management and source control technology.
 The inspector must be able to  speak the language of air pollution and  its control and should
 use each inspection as a learning process.

        The inspector  must develop a  potential for  legal enforcement, developing  the
 capability  to relate  numbered regulations  to corresponding situations  encountered in  the
 field.  In some cases, the inspector must align with a prosecuting attorney who is unfamiliar
 with the air pollution statutes, who may have very  little  knowledge or experience in air
 pollution cases and who may have little time for advance preparation.

        Not withstanding their central role in an enforcement action,  the inspector must
 develop rapport  with the engineering and  technical groups.  In  the larger and more
 complicated litigations, the inspector will  be called on to function  as a member of  the
 enforcement team.
 Orientation and Training
       In the first weeks on the job, the inspector must learn the air pollution laws and
 regulations, including  the  section numbers; the administrative procedures,  especially the
 paperwork routines; and the policies  of enforcement.   In the months that follow, that
 knowledge must expand to include the  identification of industrial processes  and control
 equipment, along with the parameters which relate to their  emission potential;  a basic
 understanding of combustion processes and their equipment operation; and the ability to
 expertly determine the opacity of plumes.

       Opportunities for the inspector  to continue learning include EPA self-instructional
courses, air pollution training courses and workshops; technical meetings, seminars and
conferences; university or community college courses; and professional and trade journals.
                                         2-4

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References
Graber, C.W., and P.M. Giblin, "Air Pollution Field Enforcement: Student Manual", EPA
      450/2-80-075, March 1980.
                                      2-5

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                              Chapter 3
            The  Enforcement  Process
Goal
The purpose of this lesson is to present an overview of the enforcement process by which
sources are  brought into compliance, with  emphasis on the functioning of the agency
inspector within the process.


Objectives

At the end of this lesson, the student should be able to:

      1.     State the mission of the enforcement operation of an agency.

      2.     Identify three major enforcement systems.

      3.     State at least six ways construction permits aid enforcement.

      4.     Identify the Federal jurisdiction for new construction permit review.

      5.     State the purpose of a "Policy of Enforcement".

      6.     State the three degrees of compliance.

      7.     State at least eight of the milestones included in a Compliance Plan
            Schedule.
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 Introduction
       The mission of the enforcement operations of an agency is to carry out those field
 tasks designed to bring sources into compliance with regulations at the earliest possible time
 and to maintain their compliance.  Enforcement actions vary widely among agencies, and
 policies setting enforcement strategy are as individualistic as the agencies themselves.  This
 chapter presents  various enforcement mechanisms.   Although inspectors  are not free to
 choose from the mechanisms available, it is hoped this chapter will widen their perspective
 of enforcement.


 Enforcement Systems
       Control strategies are woven into four enforcement systems for implementation:  (a)
 permits to construct and  initially operate; (b) permits to  operate which require periodic
 reinspection on a scheduled basis; (c) compliance plan enforcement; and (d) surveillance and
 complaint response.

 Permits  to Construct and Initially Operate
       The purpose of this permit is to prevent construction  of a new stationary source or
 modification of an existing source, if emissions from that source would:  (a) result hi a
 violation  of applicable portions  of the  control  strategy; (b) prevent attainment  or
 maintenance of one or more of the National Ambient Ah* Quality  Standards (NAAQS); and
 (c) cause  significant deterioration of air quality which is currently better than that required
 by the NAAQS.

       Permit systems are administered by local, state and/or federal agencies, depending on
 local or state regulations and the source category related to the Clean Air Act (CAA).  All
 sources that have significant emission potential are included hi state and local  permit
 regulations. Section 110 of the CAA requires that all approved State Implementation Plans
 (SIPs) have a permit system for any major emitting facility relating to the provision of Part C
 (Prevention of Significant Deterioration (PSD)) and Part D (Nonattainment areas) of the Act.
 A major emitting facility is defined as any stationary facility or source which directly emits,
 or has a potential to emit, one hundred tons per year or more of any pollutant, including
fugitive emissions.

       The 1977  Amendment to the CAA added a  new dimension to the involvement of
EPA hi the review process for permits to construct The requirements apply to major sources
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to be constructed in PSD and nonattainment areas. Federal review applies to: (a) PSD areas
for any source having an emission greater than 250 TPY  or 100 TPY for 28  specified
sources; and (b) nonattainment areas for any source which has an emission greater than  100
TPY.

        In most agencies, the administration of the permit system is in the hands of the
professionally trained  engineers.  They are responsible for  evaluating applications  for
permits, making calculations necessary for  determining probability of compliance with air
pollution laws and making decisions on the approval or denial of permits.  Once a permit has
been granted, it is the duty of the inspector to  maintain assurance that the applicant is
complying with all the requirements of the permit document.

        For sources not requiring federal permit, some agencies use  "registration" instead of
"permits." Some use state permits for all but minor sources, and "registration" for the minor
sources (say, less than  10 tons/year potential).  Registration processing is similar to permit
processing, except preconstraction review and approval is usually not required.

        The permit and registration systems  aid enforcement and may also aid the applicant
by:  (a) providing for engineering review prior to construction, so that any necessary changes
can be made with less cost than after construction begins (not applicable to registration); (b)
preventing construction before it starts if the new source does not comply in  all respects; (c)
requiring, if needed, that the permit documents highlight parameters which are important to
proper  functioning of the control equipment; (d) insuring that required emission monitors
will be  installed; (e) requiring, in some cases, that the permit document include an operations
and maintenance program;  (f)  denying operating  permits if inspection  or  tests  show
noncompliance, so the  source cannot  legally operate until it is in compliance; (g) giving
notice of change  when adding,  modifying  or  deleting sources; (h) keeping the emission
inventory up  to date; and (i) acting as a good continuing training  program by  having  the
inspector do  the  permit inspections,  allowing  a view  of the equipment  as  it  is  being
constructed.

Cyclic  Operating Permits
       Requiring  sources to file applications for renewal of their operating permit on  a
regular time cycle is a strong enforcement tool.  The purpose is to set up a scheduled review
of all sources and reissue or deny an operating permit where compliance or noncompliance is
the result of the evaluation process. Cyclic operating permits aid enforcement by:
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       a.     Subjecting sources to periodic review.

       b.     Allowing the denial of an operating permit, making operation  of a
              source a violation.

       c.     Providing a  periodic  update of  the original  permit  documents
              regarding ownership change, process change, materials change, etc.

       d.     Providing a systematic check of compliance status by:

                    •Observing visible emissions.
                    •Inspecting   emission   monitors   and    control   device
                     instrumentation.
                    •Reviewing recorded emissions data.
                    •Inspecting control devices for good operating and maintenance
                     procedures.

       e.     Updating the emission inventory.

       f.     Exposing  plant  personnel  to  the  presence of  inspector  and the
              importance of operating in compliance.
 Compliance Plan Enforcement
       The purpose of a compliance plan inspection is to inspect progress toward specific
 milestones of a compliance plan, administrative order, court order or Section 113(d) delayed
 compliance order.  Many agencies  will  formalize administrative orders into  negotiated
 compliance plans.  Compliance plans may also be generated in cases brought before a
 hearing board or into a court of law.   Once such  plans are negotiated or directed, their
 implementation is subject to verification by onsite inspection.

       The most important parts of the  compliance plan are the scheduled tasks and their
completion dates, entered into the plan as recognizable milestones indicating progress toward
the ultimate compliance  status.  The compliance plan should always include a specified
penalty for failure to  meet the various completion dates.   A  compliance plan for  the
construction or modification of a major facility would include the following milestones:

       a.      Engineering study, pilot studies and source testing to generate process
              and emission data, and cost estimates.

       b.      Approval of funds by management (Board of Directors).
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       c.     Completion of final design, bids taken and best proposal selected.

       d.     Approval of APC Agency.  Construction permit secured.

       e.     Order placed for equipment.

       f.     Delivery of equipment

       g.     Installation and system start-up.

       h.     Source test for compliance.

       i.     Operating permit secured.

 A well-monitored compliance plan materially benefits enforcement efforts because:

       •Time slippage can be spotted  and action taken to increase the speed of the
        compliance program.
       •Valuable time is saved in generating legal compulsion if there is no action or
        gross deviation from the time schedule.
       •Penalties for noncompliance are apparent to the source.

 Surveillance and Complaint Response
       Surveillance is accomplished by a systematic program of looking for  observable
 violations within the inspector's assigned district. Observations are made from outside the
 source boundary and are either on a random basis  or according to a schedule by time or
 source class.   Surveillance  should be around-the-clock where  conditions and  agency
 personnel permit and should include unannounced onsite inspections.

       Response to citizen complaint is a significant part of the inspector's job. A complaint
 can involve a specific violation such as visible emission, or it can and often does relate to
 nuisance. Complaint management will be covered in Chapter 11.


 Enforcement Actions
       All  sources are  not  always  in  or out of compliance  now  and  forevermore.
Compliance status can fall into one of three categories:

       a.      Continuing compliance--^,  source  is  equipped  and will operate
              continuously with great assurance that it will be within the regulations.
              Requires minimal surveillance~a good source.
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        b.    • Functional compliance—a, marginal source in compliance at time of
              observation or inspection, but little assurance of long term compliance.

        c.     Noncomplionce-violating conditions  supported  by  valid  evidence
              justifying enforcement action.

 Enforcement action must be taken whenever the inspector establishes the facts and gathers
 evidence to  prove  the occurrence of a  violation of the  rules and regulations, a permit to
 construct or operate, or the terms and conditions of an order or compliance plan.

        The objective of enforcement is to bring all sources which are in  violation into a
 continuing compliance status as  soon  as  possible.   Enforcement alternatives range from
 voluntary compliance upon specific notice to comply to "file legal action first and talk later."
 Most agencies operate somewhere in  between, depending  on the circumstances of the
 violation, the  agency resources, the  specifics of the statutes, and the availability  and
 effectiveness of legal  assistance including  the judicial processes of the area.  Alternative
 enforcement procedures include:

        a.     Notice of violation with  administrative orders to correct  Used for
              first offenders and for relatively new requirements.

        b.     Administrative   conference  or  hearing  leading   to   a   formal
              administrative abatement order and an agreed-to compliance schedule.

        c.     Citations which are paid  without court appearance,  similar to traffic
              tickets.

        d.     Administratively imposed penalties according to a schedule of fines.

        e.     Civil or criminal  suits  leading to imposition  of  fines and  other
              punishments and/or judicial orders incorporating specific compliance
              plans.

       f.      Court ordered injunctions to stop the violating practice.

       g.     Administrative revoking of permits to construct or permits to operate,
              making further work or operation unlawful.
Enforcement Policy
       In a preceding section, seven enforcement mechanisms available to an agency were
given.  An agency's choices of enforcement action and notification methods are handed down
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to field personnel as a policy of enforcement.  Agencies nearly always have more than one
inspector and some may have as many as 20 or 30 enforcing the same regulations. Only by
having a clearly defined enforcement policy or an established set of enforcement procedures
will inspectors working in the field have the guidance to react to like situations uniformly.
Once established,  the enforcement policy  and procedures are communicated to the  field
officers by:

       •written directives.
       •verbal instruction from supervisors.
       •meetings of inspectors with supervisors.
       •word of mouth from other inspectors
       •distribution of case summaries.
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References
Gruber, C.W., and P.M. Giblin, "Air Pollution Field Enforcement: Student Manual", EPA
      450/2-80-075, March 1980.
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                               Chapter 4
                   Off-Site  Surveillance
Goal
The purpose of this lesson is  to bring into focus that element of the enforcement
program which seeks out violating conditions by Level 1 surveillance of a district, a
limited area or a specific source using visual, instrumental or effects indicators.  The
elements needed to establish a violation and how they apply to opacity surveillance are
included.

Objectives
At the end of this lesson, the student should be able to:
      1.     Explain the system of levels used in categorizing source inspections.
      2.     State at least  five violating conditions sought out during Level  1
             surveillance.
      3.     Explain three ways surveillance is exercised.
      4.     State at least five questions to be answered to prove a violation.
      5.     Identify the point of observation of a plume for visible emission
             evaluation.
      6.     Differentiate between water vapor and paniculate opacity.
      7.     Demonstrate  how  to  properly document  a  visible  emission
             violation.
      8.     Explain the meaning of certified smoke reader.
      9.     Define opacity.
      10.     From a set of opacity readings and  a given regulation, determine
             compliance or violation.
      11.     Identify three other off-site surveillance techniques.
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 Introduction
       The efforts involved in inspecting air pollution sources are generally categorized
 according to a system of'levels", as follows:
       Level 1       Visual  evaluation of stack opacity and fugitive emissions
                    from off the plant site.
       Level 2       On-site evaluation of the control system, relying on plant
                    instruments for the values of any inspection parameters.
       LevelS       Similar to Level 2,  but relying on measurements  by the
                    inspector to  determine missing or  inaccurate inspection
                    parameters.
       Level 4       Similar to Level 3,  but including the  development  of a
                    process flowchart,  determination of measurement  port
                    locations and evaluation of safety hazards and protective
                    equipment needs. If the process or control equipment do
                    not change, this level of inspection would only be conducted
                    once.

       The inspection level that is actually utilized is dictated by the individual situation
 and based on the judgement of the inspector.  For example, if a Level 1 inspection
 indicates no problems, the inspector may elect to terminate the inspection and proceed
 to another facility.  Or, if in the course of a Level 2 inspection, critical information is
 needed to complete the evaluation, the  inspector may elect  to proceed to Level 3,
 making on-site measurements to obtain the data.

       This chapter deals with procedures for that element  of the enforcement program
 that seeks out violating conditions by off-site or Level  1 surveillance.  Usually this
 involves sensory perceptions; however, special purpose surveillance may also include the
 use of sampling instruments.  In the next chapter, procedures involved in conducting
 effective Level 2 and 3 inspections will be discussed.

 Surveillance Principles
       Surveillance is a field operation which provides for the observation and detection
 by sensory perception  of events which in themselves are  violations or which strongly
 indicate noncompliance conditions within a source facility. Surveillance is carried out by:
 (1) systematic observation of the activity in an assigned district; (2) observation of a
single source prior to entering the facility for inspection; and (3) by monitoring an area
with instruments or procedures that produce quantitative or qualitative data.

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       In both general and pre-inspection surveillance, the following are some of the
observable manifestations that are sought and recorded:
       a.     Plumes of readable opacity.
       b.     Fugitive emissions from source operations.
       c.     Large particle fallout.
       d.     Evidence of plant damage.
       e.     Obnoxious odors, especially if citizen complaint has been received.
       f.     New facility construction,  expansion or  modification for which a
              permit may not have been obtained.
       g.     Open fires, where prohibited.
       h.     Change  of  ownership without new owner obtaining a required
              certificate of operation.
       i.     Illegal fuel delivery, where fuel use is regulated.

District Surveillance
       District surveillance is carried out by having the inspector spend part of his or her
field time  "on  patrol" or by  exercising surveillance when  in  the  field  on other
assignments, going from job to job. Vehicle patrol is the principle surveillance method.
Inspectors drive their  vehicles throughout a  defined area to observe visible and other
evidence of emissions  and to detect possible  violations of rules and regulations. A few
larger agencies  assign special enforcement officers in  uniform to exercise surveillance
and investigate  complaints, and some agencies even use aircraft to identify potential
violators.

       As the inspector becomes familiar with an area, sources requiring the greatest
attention and areas of high source density will likely be concentrated on. A checklist of
faculties that are currently involved in permit  cases, hearing  board actions, recurrent
violation or complaints provides a useful tool for focusing surveillance activities.

       Air pollution conditions can become a  problem due  to fog and atmospheric
stagnation periods, often occurring during the evening  and early morning hours. Many
nuisance complaints are reported during the  evening, since  individuals usually wish
respite from any form of pollution during their  leisure  hours.  The scheduling and
deployment  of  enforcement  personnel  to  after-hours  surveillance will  depend  on
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 information oh complaints, knowledge of the sources in the individual districts and data
 on hours of operation.

 Pre-lnspection Surveillance
       Source surveillance is the primary duty of the agency inspector. Activities include
 checking on construction and operating permits, checking progress on compliance plans
 and investigating complaints.  Prior to entering a source facility, the inspector should
 conduct a Level 1 visual surveillance, allotting the necessary time to thoroughly check
 the potential non-conforming activity and to look for other signs which might influence
 the facility inspection strategy.

       A preferred plan is to seek a vantage point where the entire  facility can be
 observed.  Since this may  be some distance from the source, binoculars will assist in
 viewing the detail operations and reading signs which might be significant. If a vantage
 point is not available, drive around the facility to cover as much as can be viewed from
 the surface. Following the pre-entry surveillance, the inspection plan should be reviewed
 to include any changes made necessary by what is observed.

 Surveillance bv instruments or Effects Indicators

 Ambient Sampling
       Some air pollution agencies are faced with the necessity of enforcing fence-line
 standards.  The fence-line standard is monitored for compliance by placing samplers
 upwind and downwind of the source and determining by difference the net contribution
 of the  facility.  The most common  standard  of this  type  involves total  suspended
 particulate matter (TSP) or PM-10 and its determination by high-volume sampling. The
 technique could be extended to gaseous pollutants,  with detection by direct indicating
 detector tubes or from laboratory analysis of a collected sample.

 Deposition Sampling
       Nuisance particulate fallout can be evaluated by deposition sampling.  The two
more common techniques employed are dust-fall jars and adhesive impactors. A dust-
fall jar is any wide-mouth vessel, 4-6 inches in diameter, capable of being placed at a
field location.  Plastic  is preferred, but glass  or metal may  be required in  order to
conduct some chemical  analyses.  A small quantity  of non-volatile liquid is sometimes
added to prevent re-entrainment. The particle catch is usually evaluated by weighing,
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but  the sample  could  be subjected  to particle  counting, particle identification or
chemical analysis.

       Identifiable wind-blown particles, 20 pm and larger, can be captured on strips of
adhesive coated paper wound vertically around a cylinder.  Typically, an inverted glass
jar is used, held in place by the jar lid fastened to a suitable stand.  The exposed sticky
surface captures  the particles of the sampler face that looks toward the source.  The
particle catch is evaluated by particle counting and identification.

Remote Sensing
       Some plume properties can be determined by sensing from remote locations,
usually with lasers.  The most common application is the use of Light Detection and
Ranging, or  LEDAR, for  the remote  sensing of opacity (see 40CFR60, Appendix A,
Method 9, AMI). Plume opacities of less than 50 percent are determined with 3 percent
accuracy using measurements of the amount of light backscattered from back of the
plume to that scattered in front.

       Lasers can also be used to sense gaseous pollutants.  Differential Absorption
Lidar, or DIAL, determines gas concentration by measuring the differential absorption
of two  laser beams reflected back to a receiver from the target. Systems include dye
lasers for SC>2, Oa and NOa; carbon dioxide lasers for Oa and CjHj; helium-neon  (He-
Ne) laser for GHU; and  tunable diode lasers for a number of gases. Other techniques
include passive optical remote senors such as Fourier-transform infrared spectrometers,
correlation spectrometers (COSPEC and GASPEC) and grating spectrometers.

       There are a number of potential advantages to optical (which includes laser)
remote sensing.  Optical sensors can probe difficult to reach areas, such as plumes  from
smoke stacks. They can measure average concentrations over long paths, making them
useful for surveillance of large areas. Also, optical measurements can be made in real
time with a response on the order of seconds or minutes. Finally,  optical systems can
measure reactive gases  without depositing them in sampling lines or changing them
chemically.

Effects  Indicators
      A large number of materials react or interact to cause a noticeable change in
their  appearance or  properties.   Lead-based paint, for  example, is  discolored by
exposure to  KbS.   Also, release of  some gases will  cause effects in vegetation.
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 Observation  of the type, severity and extent  of such damage can  provide  useful
 information in identifying the nature and source of the pollutants involved.

 Enforcement of Visible Emissions Regulations
       The term opacity means the degree to which transmitted light is obscured by a
 plume. Opacity is usually expressed as a percentage of perfect transparency, with 100
 percent opacity being opaque. Limitation on opacity is a major part of any enforcement
 program because  it provides  a means'of assessing particulate  emissions by  direct
 reading. The degree of opacity cannot be equated to a mass emission, except for certain
 sources with very stable plume characteristics. However, opacities exceeding allowable
 limits usually call into question compliance with the mass emission limit.

       There may be occasions when  the inspector will have suspicions of a mass
 emission violation, even though there is no opacity violation. For example, a review of a
 source's file may indicate that there were no visible emissions during a stack test that
 barely showed compliance with the mass emission limit.  If at a later date a higher, but
 complying, visible emission is observed, the inspector should suspect that a violation of
 the mass emission limit is occurring. In this case, another source test could be requested,
 provided the source has not taken corrective action.

       A plume is  a contaminant-laden stream exiting from a specific outlet, such as a
 stack or vent. Referring to Figure 4-1, a plume is characterized by (1) a point of release
 and formation just at the outlet, or a few feet above in the case of a detached plume; (2)
 the body or stream of the plume, containing relatively concentrated contaminant levels
 and confined by the momentum of the escaping gases; and, sometimes, (3) a point at
 which the plume dissipates.

       The point of discharge of the emission, or the point of maximum opacity, is the
 point at which the opacity is read. The point of dissipation is important in determining
whether  the  plume is  a contaminant, water-vapor,  steam  or  some  combination.
Depending on  wind velocity, humidity and  temperature, condensed water-vapor or
steam may dissipate more rapidly than contaminants contained in the plume. Where
most of the emission appears to consist of water-vapor, the opacity is read at the point of
dissipation or evaporation.

      The most widely use reference method for determining opacity is EPA Method 9,
"Visual  Determination of Opacity Emissions from Stationary  Sources" (40CFR60,
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Appendix A).  A companion document is the  EPA publication "Guidelines for the
Evaluation of Visible Emissions:  Certification, Field Procedures, Legal Aspects and
Background Material" (EPA-340/1-75-007).  Some state and local jurisdictions may still
use the Ringelmann Chart for measuring the densities of dark smokes as shades of gray.
One Ringelmann equals 20 percent opacity.

Guidelines for Evaluating Visible Emissions in the Field
      This  section outlines the steps to be followed to satisfactorily evaluate visible
emissions in the field.  Recommended guidelines are included for the collection of all
information that is necessary to document a violation of the opacity regulation and for
use in any subsequent legal proceedings.
Office Preparation
      In most instances the inspector will have sufficient notice before making a field
inspection to adequately prepare for the visit. Preparation is a very important aspect of
the inspector's work. The following items concerning the facility in question should be
researched:
      a.     Plant location.
      b.     Names and positions of responsible  plant  contacts  (company
             officers or management personnel).
      c.     Type and number of processes.
      d.     Type of process to be observed.
      e.     Process operating conditions.
      f.     Type and location of control equipment.
      g.     Probable location of source emissions.
      h.     Possible observation sites.
      i.      Regulations applicable to the source.
      j.      Status of source with respect to any variance or exemption from the
             agency's rules and regulations.  Observation is not required if the
             source is on a variance or exempt from the regulations.
      k.     Involvement of steam plume, if any. Time of observation may need
             to be adjusted to a time of the day when the steam plume might not
             be present.
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      Familiarity with the opacity regulations and the regulation exemptions will help
prevent an inspector from documenting what is perceived to be a violation, when in
actuality it is not. For example, a regulation might state that, although an opacity greater
than 20 percent constitutes a violation, a source may emit visible emissions of 40 percent
opacity for 3 minutes out of 60 minutes if it is undergoing process modification, start-up,
cleaning, etc.

      The recommended procedure is to evaluate the plume opacity in such a way that
compliance is not dependent on plant operations. In the previous example, an emission
greater than 20 percent for any time  period greater than 3 minutes would constitute a
violation, and the observation  strategy could be adjusted to account for this.  In this way
the investigator  knows  that a documented and enforceable  violation has occurred,
without having to fear the company reporting at a later date that the reading cannot be
utilized because  the plant was undergoing a process change at the time of the visible
emission evaluation.

Field Equipment
      The following equipment should be available for use by the inspector:
      a.     Safety equipment.
      b.     Stopwatch.
      c.      Clipboard, note pad and at least two pens (pencils  must not be
             used for recording opacity readings).
      d.     Compass.
      e.     Air velocity meter.
      f.     Range finder.
      g.     Psychrometer.
      h.     Binoculars.
      i.     Camera.
      j.     Topographic maps.
      k.     Necessary forms, including ample spare copies.
      1.     Pouch to carry the equipment.
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 In order to insure that it is in good working order, the equipment should be inspected in
 the office before departing on a field observation.

 Observer's Location
       The  evaluator should select an observation point consistent with the following
 guidelines (see Figures 4-2 to 4-4):
       a.     The line of sight  from the source to  the  observer should be
              unobstructed.
       b.     The line of sight should be at right angles to the wind direction.
       c.     The sun should be  oriented within a 140° sector to the observer's
              back.
       d.     The location should be safe.
       e.     If the pollutants are emitted at ground level, the observer should be
              as close to the source as possible.
       f.      If the pollutants  are  emitted  from an elevated  position, the
              inspector should be at a suitable distance from the source.
       g.     With good  visibility, it  is suggested that the observer be within
              about a quarter of a mile from the source.
       h.     When visibility is  restricted, the observer should  be within  a
              distance that is about one-quarter of the visual range.
       i.      When evaluating emissions from rectangular outlets,  the observer
              should be positioned at right angles to the longer axis of the outlet.

 If a position can be selected that is not on company property and that meets all of the
 above requirements, the inspector may begin the field evaluation  of the source.  The
 inspector should not notify company officials that an evaluation is to be conducted.

       If the  inspector decides  that  it  is not possible to  select a suitable point off
 company property, then  the evaluation  should  be carried  out from  a location on
 company property. If the site selected is on company property but is accessible to the
 public, the inspector may begin the evaluation without notifying company officials. If,
 however, the site is not accessible to  the public, the inspector must obtain permission
 from a responsible company official to enter the plant.  Before notifying the company of
 the proposed  evaluation, it is recommended  that the  inspector take  several opacity
readings from  the best available site off company property.  These preliminary readings
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 can then be used as a comparison between stack emissions before and after company

 notification. If a noticeable change is observed, the inspector should record this fact.


       When it  is necessary to enter  the  plant  property  in order to  make the

 observations, every attempt should be made to ensure the cooperation of management.

 Entering a plant, especially for the first time, can present a delicate situation.  The

 following steps are suggested to correctly and courteously enter a facility for the purpose

 of conducting the evaluation:

       a.    When entering the plant be prepared to state your name, affiliation
             and position, and have identification available for presentation.

       b.    State the nature of your visit  and request an interview with a
             company officer or responsible employee of the company.

       c.    Describe to the company  representative the  nature of work or
             duties you intend to perform on the premises and  request their
             permission to do so.

       d.    Should  you meet with  refusal and attempts to discussion the
             situation  are  unsuccessful,  contact   your  office  for  further
             instructions.

       e.    Should  you be given permission  to proceed to a  specific area
             without escort, ask for directions and go there directly.

       f.     Spend as little time as possible with entrance procedures so as not
             to become liable to charges of interfering with company work.

       g.    Do not sign any documents, such as liability waivers or others, that
             are conditions  for you presence  on the company  premises.
             Discussion between your supervisor and the plant official are the
             best means of resolving problems of this nature.

       h.    Maintain a business-like and cordial relationship with company
             officials and employees at all times.

       i.     The inspector  should  note  the  length  of  waiting time, the
             cooperation and attitude of plant personnel, and any changes in
             operating conditions which result from his or  her presence. The
             latter may  effect the credibility  of the inspector's findings should
             testimony about these conditions be required at a later date.

       j.     Record  the name, title  and telephone number of the company
             official and note the time that the official was informed that an
             evaluation was to be conducted.


       The inspector's ultimate objective is the improvement of the ambient air quality

by ensuring that  sources emit pollutants in compliance with regulations. This objective
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can be achieved much more readily with the willing cooperation of the company.  The
visible emissions evaluation affords  the inspector an opportunity to  engage in some
public relations work. The inspector should therefore endeavor to maintain a polite yet
professional attitude while on company premises.

Evaluation Procedures
       Once  a suitable observation  site has  been selected, the inspector may begin
evaluation of the source, recording  all pertinent information on an  approved set of
forms. Those forms appearing in the  Method 9 description are shown in Figures 4-5 and
4-6.

       At the present time there are  two types of opacity regulations in use. These are
based on the following concepts:
       a.     Opacity is to be averaged over a specified time period—six minutes
             in the Method 9 procedures—and this average opacity is compared
             to the regulation limit.
       b.     There is no need to average the observed opacities—any observed
             opacity that is  greater than the regulation limit  constitutes  a
             violation.

Often the opacity regulation will permit the source to emit visible emissions greater that
the regulation limit for a specified time interval-typically 3 minutes in any 60 minute
period.

       The inspector should begin the evaluation by recording the source identification
parameters, site location and ambient weather conditions on the observation forms, and
by drawing a reasonably detailed sketch. The sketch should include sufficient detail to
allow a person who has not visited the facility to determine the source that was evaluated
and the location of the observation point. In general, the sketch should  depict:
      a.     Source location.
      b.     Observer location.
      c.     Distance from observer to source.
      d.     North direction.
      e.     Wind direction (from which the wind is blowing).
      f.      Sun position.
                                      4-11

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       g.     Landmarks and nearby roads or streets.
       h.     Plume type (looping, coning, fanning, etc.).
       i.     Distance plume is visible.

 An example of a sketch is shown in Figure 4-7.

       Plume observations should  be made at the point of greatest opacity in that
 portion of the plume where condensed water vapor is not present.  Only one inspector
 should evaluate a given source during any given period of time.  In cases where the
 source is continually evaluated and re-evaluated over extended periods of time (days or
 months), it is acceptable, indeed preferable, to have  different inspectors perform the
 evaluations.  The observer should not look continuously at the plume, since this can lead
 to  eye fatigue.   Instead, the inspector should observe and  evaluate  the plume
 momentarily at 15-second intervals.

       When condensed water-vapor is present in the  plume as it exits from the outlet,
 opacity observations should be made beyond the point at which the condensed water-
 vapor is no longer visible.. The observer should record the approximate  distance from
 the emission  outlet to the point in the plume at which the observations are made. When
 water-vapor in the plume condenses and becomes visible at a distinct distance from the
 emission outlet, the opacity should be evaluated at the outlet prior to condensation of
 the water-vapor and formation  of the steam plume.

       In order to meet the requirements of Method 9, the required number of readings
 is as follows:
       a.     In all cases, a minimum of 24 readings, corresponding to 6 minutes
             of observation, must be taken.
       b.     In cases where the  regulation permits  an exemption period for
             excess emissions, a minimum of 24 observations must be recorded
             over and above the number of readings equal to the permissible
             exemption  period.  For  example,  if  the regulation permits  3
             minutes of excess emissions in any hour,  a minimum of 12 readings
             (3 minutes) plus 24 readings (6 minutes) must be recorded.

       While  it is a simple matter to  establish  the minimum number of  readings
necessary to meet the requirements of Method 9, it is not a simple matter to  establish
the number of readings necessary to document an enforceable violation  of the opacity
regulations. Whether there is sufficient proof that a violation did occur will depend on
                                      4-12

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 the amount of evidence collected in the field. The more readings above the limit that

 are observed, the stronger will be the case if the results are used as evidence at any

 subsequent legal proceedings. Some guidelines to aid in this matter are as follows:

       a.    In most cases, the amount of evidence that should be regarded as
             the  minimum  necessary to document  an enforceable violation
             would consist of at least one  set of 24  readings with an average
             opacity at least 10 percent above the limit.

       b.    Concerning regulations based on actual opacity instead of average
             opacity, it  is recommended that before  legal  proceedings  are
             initiated, the observed opacity should exceed the limit by at least 10
             percent for at least three minutes in any hour. This is in addition to
             any exemption  time  period that may  be permitted for excess
             emissions.

       c.    Weather conditions during the observation period should be taken
             into account when considering the number  of observations and the
             degree of excess emissions needed to document a violation. Test
             conducted by EPA indicate that the possibility of a positive bias is
             greatest when a contrasting background is  used (i.e., white plume
             with a blue sky).  In a similar manner, when a non-contrasting
             background is used the possibility of a negative bias is greatest.  In
             fact, the test results indicate that the chance for positive error in
             reading opacity of white plumes is essentially non-existent when a
             non-contrasting background is present.

       d.    The actual opacity of emissions from the source can be used as a
             further guideline in determining the number of readings that are
             necessary. For example, if the regulation  limit is 20 percent and
             the opacity of an emission is 100 percent, an observation time of sk
             minutes in  excess of any exemption period should be sufficient
             evidence to  ensure that a violation could be enforced. If, however,
             the opacity averages about 30 percent, considerably more readings
             would be necessary.


       Opacity is usually determined as an average of all readings taken over a time

 period  corresponding to  the applicable  standard.   For example, for a  six-minute

 standard, the opacity is defined as the average of a set of any 24 consecutive readings

 taken at 15 second  intervals. The recorded observations are divided into sets of 24

 consecutive readings, and the average opacity for each  set is determined. The sets need

 not be consecutive in time, but in no case should two sets overlap.


 Documentation of a Violation
      Much of the tune spent by enforcement personnel will be in the collection and

reporting of data and evidence. In fact, most of the data collected by such personnel are

of an evidentiary nature. Whether such data are used  in a emission inventory or in the
                                       4-13

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 prosecution of a violation, they will consist for the most part of facts and findings
 acquired through direct observation. They should be stated in such a manner as to be
 clear, concise and free of prejudices and other subjective factors.

       To provide sufficient basis for court prosecution in a criminal case, each element
 of the crime (in legal terminology, the corpus delicti) must be proved.  To do so, the
 enforcement office or other principal witnesses must gather the evidence for a prima
 facie case, i.e., a case which at first view shows guilt and which, unless rebutted, adds up
 to the commission of a violation of a rule or regulation. In a criminal court case, the
 burden of proof of rebuttal is placed on the defendant, after such  evidence has been
 presented by the plaintiff, usually the people of the state.

       If any element of the case is missing, the corpus delicti is not established and there
 is no case.  Thus, if the rule  alleged to have been violated is the prohibition that "a
 person shall not  discharge into the atmosphere from  any single source—any air
 contaminant" of any particular quality  or  quantity for more  than the maximum
 permissible time period, it must be proved that:  (1) a person, (2) discharged, (3) into the
 atmosphere, (4) from a single source, (5)  a contaminant, (6) of the quality prescribed
 (opacity), (7) for more than the time specified.

       The  evidence needed  in court in order to establish a  violation  should be
 documented in carefully prepared reports.  The information most commonly required is
 as follows:
       a.     The nature and extent of the violation.
       b.     The time and location of the violation.
       c.     The person(s) responsible for the violation.
       d.     The equipment involved in the violation.
       e.     The operational, design or maintenance factors which caused the
             violation.

       The specific evidence documented during a visible emission observation  is as
follows:
       a.     Name of the source and its  location, given as a street address or
             with respect to fixed point such as an intersection.
      b.     The beginning and ending time of the observation period.
                                       4-14

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       c.     The degree of opacity recorded for each 15 second period.
       d.     Orientation of the observer, the sun  and the emission point-
             explain if circumstances do not permit the required sun orientation
             at the rear of the observer.
       e.     Estimate of distance from the observer to the emission point-note
             that line of sight was clear, or explain if it was otherwise.
       f.     Approximate wind direction and estimate of wind speed.
       g.     Temperature and humidity, especially if a wet plume is involved.
       h.     Description of the sky, if used as background-color and presence
             of clouds, especially if plume is white or gray.
       i.     Background and its color, if other than the sky.
       j.     Color of the emission.
       k.     Name and  title of observer.

       The types of evidence used in court cases or administrative hearings include: (1)
 testimonial evidence, that is, direct testimony by witnesses; (2) demonstrative evidence,
 or physical evidence  used to  support the testimonial evidence;  and, (3) evidence
 presented by expert witnesses.

       The inspector  will  be most  concerned with  the presentation of testimonial
 evidence  regarding observations made.   Examples  include observations  on visible
 emissions, on odors, on presence or status of construction, on items of equipment, on
 process or operational  conditions and on conditions under which samples were obtained.
 Testimony will also include direct statements made to the inspector by operators of
 equipment and plant owners or  by complainants, and records of such external factors as
 atmospheric  and weather  conditions,  including  temperature,  relative  humidity, sky
 condition, visibility, lighting, and wind speed and direction.

       Demonstrative evidence  is almost any physical evidence used to support direct
 testimony. It may include damaged property or vegetation, samples of fuel or process
 materials, records of analyses and photographs.   In some cases the inspector will be
 called on to interpret demonstrative evidence, such as photographs, but in many cases
 this type  of evidence  needs  description or interpretation by  an expert.   Damaged
materials  or vegetation samples  may often be brought directly into the courtroom,
provided the specimen  is  small enough to be transported and the damage pattern is not
                                      4-15

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altered or disturbed.  In some cases, test specimens may be placed in a pre-planned
pattern around the suspected source and retrieved for laboratory examination after a
suitable time for exposure. Specimens could include test fabrics of differing material and
dyestuffs, metal plates and greased slides or plates.

       Test data may include reports of source analyses, ambient sampling conducted in
the vicinity of a source and on materials charged to the process in question.  Source tests
may range from rather simple tests for solid particles at a single discharge to complex
multi-point sampling for a variety of particles, gaseous contaminants and ancillary data
such as gas composition, temperature and moisture content.  Environmental sampling
data collected in the vicinity of a source may include  reports of analyses from manually
operated sampling devices or  recorder charts or electronically  stored  data from
continuous analyzers.   Recorded  data which  can  be correlated with the time of
complaints and with meteorological  data, such  as wind speed and direction and
atmospheric stability, can be very useful. Analyses conducted  on process material or
fuels might include sulfur and ash content, particle size distribution and feed material
composition.

       Photographic evidence is usually used to give a graphic illustration of descriptions
presented in direct testimony. Examples might include still or motion pictures of visible
stack emissions; photographs showing the construction status of equipment, illustrating
the condition of control devices  or showing the  effectiveness of fume-hood collection;
pictures of damaged materials, and photomicrographs of fine paniculate matter.

The Inspector as an Expert Witness
       The primary evidence of an opacity violation is the direct testimony of an expert
trained in reading opacity.  The way an inspector qualifies as  an expert witness is to
become certified by attending "smoke school".  Certification is accomplished by reading
a series of black and white smokes to a specified degree of accuracy, as determined by a
calibrated transmissometer.  The method of qualifying and the required accuracy for
certification is given in 40CFR60, Appendix A, Method 9.
                                      4-16

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References
Gruber, C.W., and P.M. Giblin, "Air Pollution Field Enforcement: Student Manual",
      EPA 450/2-80-075, March 1980.

USEPA,  "Basic Inspector Training  Course:  Fundamentals  of  Environmental
      Compliance Inspections", Office of Enforcement and Compliance Monitoring,
      February 1989.

USEPA, "Visual Determination of the Opacity of Emissions from Stationary Sources",
      40CFR60, Appendix A, Method 9.
                                    4-17

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                                                       Point of dissipation
Point of
release
    Figure 4-1.  General structure of continuous and detached plumes.
                                4-18

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  Figure 4-2. Light source should emanate from the rear of the observer
              during daylight hours (reflected light).
    Figure 4-3. During darkness, the light source should emanate from
    behind the plume, opposite the observer (transmitted light).
          I
1
  Figure 4-4.  Readings should be made at right angles to wind direction
and from any distance necessary to obtain a clear view of stack and
                         background.
                             4-19

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COMPANY	
LOCATION	
TEST NUHBER_
DATE	
WE FACILITY_
CONTROL  DEVICE
                        Figure 4-5.   Record of visual determination.
                                                                                          PACE   of
   HOURS OF OBSERVATION,
   OBSERVER	
   OBSERVER CERTIFICATION OATE_
   OBSERVER AFFILIATION	
   POINT OF EHISSIOHS	
   HEIGHT OF DISCHARGE POINT
CLOCK Tlltt
OBSERVER LOCATION
  Distance  to Discharge
  Direction from Discharge
  Height of Observation Point
BACKGROUND  DESCRIPTION
WEATHER CCIIO:TIONS
  Wind Direction
  Wind Speed
  Anbient Temperature
 SKY CONDITIONS (clear.
  overcast, X clouds, etc.)
 PLUM DESCRIPTION
  Color
   Distance Visible
 CTiitR
                             nltlat
                                                      Final
                                                                            SUMMARY OF AVERAGE OPACITY
Set
Number










Tim*
Start-End










Opacity
Sun










»v«r»ge










Readings ranged fron ___ to ___ X opacity
The source vas/«ai not  In conpllance with 	
the tine evaluation was nade.
at
                                                  4-20

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                 Figure 4-6.  Observation record form.
Conipsny ..„„.
location	
Test Number-
      Pmgt	of —

Observer .,...„„.„„,„„„,„.
Type tedMy	
Point of •fTMssions..._.«».».
Hr.
































0
1
2
3
4
s
e
7
8
»
10
11
12
13
14
IS
16
17
IS
18
20
21
22
23
24
25
26
27
26
28
Seconds
0






























IS






























30






























45






























Steam plume (check if applicable)
Attached






























Detached






























Comments

-




























                                   4-21

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               Looping plume
  Plume visible
  for 100 vards
                        Observer
                        position
                                               Date:     November 1. 19
                                               Time:    1400-1500
                                               Observer: Robert Mtssen
                                               Source:   CGE Power Plant
                                                        Unit 1, Santa Monica, CA
                                                     North
                                                            Wind direction (SE)
                                          Sun position
    Pico Blvd.
   St. John's
   Church
Observer's
location
                                      Unit 1
                                    Unit 2
                                        o
                                      o
            I	*^_
                                                              , Power plant
                                                               properly line
                            Hth Sum
Comments: No steam plume visible
          Observation made from St. John's Church parking lot.
                    Figure 4-7.  Field sketch.
                            4-22

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                             Chapter 5
         On-Site Inspection of  Sources
Goal
The purpose of this lesson is to outline a procedural methodology for conducting on-site

Level 2 and 3 inspections of sources.  Techniques for handling confidential data and

maintaining chain of custody are also discussed.


Objectives


At the end of this lesson, the student should be able to:

      1.     Define on-site inspection

      2.     Identify the types of inspections and the purposes for which each
            are made

      3.     Explain each of the elements in the inspection process:

                  •Pre-inspection preparation
                  • Pre-entry observations
                  •Entry
                  • Opening conference
                  • Inspection documentation
                  •Closing conference
                  •File update and report preparation

      4.     Explain how to handle confidential information

      5.     Explain how to maintain chain of custody documentation
                                  5-1

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 Introduction
       The  purpose of this chapter is to describe the basic principles employed in
 inspecting a source to develop facts needed to determine compliance or non-compliance
 with a rule or regulation. The methods of obtaining information, making inspections of
 equipment,  gathering data  and handling confidential information are presented, along
 with a discussion of the decision making process and the preparation of the inspection
 report.

 Types of  Inspections
       Level 2 and 3  inspections of an air pollution emission source  involve entering a
 facility for the purpose of obtaining information or collecting evidence. An inspection
 may be conducted as a result of a violation observed from an off-site Level 1 inspection;
 as a follow-up to a previous inspection; to check on equipment for  a construction  or
 operating permit; to  determine the status of a  compliance plan; or  as the result of a
 complaint.

       Many inspections are conducted for a single purpose, such as checking to see
 whether construction  is continuing after a permit application has been denied. Other
 inspections are comprehensive, gathering information on all  equipment and processes
 located within the facility.  The type of inspection  relates to the reason for which the
 inspection is made. The following terminology is assigned for ease of communication.

 Facility Inspection
       The facility inspection is a comprehensive inspection made of all the equipment
 and processes at one  source premises.  A source premises is  one  geographical location
 and may include one or more structures or operating areas.  The emission points may be
 single or multiple, with sources numbering in the hundreds for large industrial complexes
 such as refineries, chemical plants, steel mills,  etc. In some cases,  a single  complex
 source premises may be subdivided into areas, each  of which becomes a facility (e.g., the
 furnace shop of a steel mill).

       Facility  inspections  are sometimes  referred to as plant inspections, source
inspections, annual inspections, inventory inspections and scheduled inspections. While
terminology and procedures may vary among control agencies, all inspections of this type
are concerned with accounting for all possible sources of air pollution located at a facility
and with assessing the compliance or non-compliance of all elements within the facility.
In general, these inspections will fall into one of three categories:
                                       5-2

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        a.     Construction permit inspection: The construction permit inspection
              is made periodically throughout the construction  period, or on
              completion of construction, to see that the conditions of the issued
              permit have been met.  In complex facilities, such inspections are
              sometimes made by the agency engineer who granted the permit.
              In such cases, the inspector should arrange to visit the site with the
              engineer  sometime during the  final states  of construction to
              become familiar with the source facility, especially the emission
              points,  the control equipment  and  the  emissions monitoring
              instrumentation. Permits for initial operation are usually obtained
              separately, but  may be included  with  the  construction permit
              application. Prior to granting the initial certificate of operation, a
              source  test is  usually required.    The inspector or the permit
              engineer or both are usually present to observe such tests.

        b.     Cyclic inspections: Cyclic operating permits are required where the
              facility, following construction, is granted a time limited operating
              permit Periodically, an inspection of the entire source premises or
              some designated facility within a complex is required to ascertain
              compliance and qualification for operating permit renewal.

        c.     Compliance plan inspections:   The compliance plan  inspection
              applies to those sources which are operating under  an order that
              includes a  schedule of milestones indicating  progress  in the
              ultimate correction of a violation condition. Inspection is limited to
              the particular process, and site visits are made to determine if the
              time schedule set down in the plan is being met.

 Violation Inspection

        A violation inspection is made to gather facts related to a violation observed as a
 result  of off-site surveillance.  The  investigation  is usually limited to  the  process

 associated with the recorded violation; however, it may be extended to other areas of the
 facility if non-conforming conditions are observed.


 Complaint Inspections

       Site visits are often made to investigate citizen complaints.   Specific regulations

 may be involved if pre-entry observation shows violating conditions.


 Inspections Relating to Emergencies

       Emergencies are of two types:   (1) local  emergencies-incidents involving  the

 release of contaminants that may be toxic or have the  potential for other undesirable

 health or environmental effects, and (2) air pollution episodes in which the buildup of

 contaminants in the atmosphere approaches or exceeds pre-detennined alert stages and

which may necessitate the curtailment or shutdown of source activities on a large scale.
                                        5-3

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These conditions will require swift response on the part of enforcement officers and
performance of special inspections.

Elements of the Inspection Process
      This  section  describes  the procedures  common to  most  air compliance
inspections.  In general, these procedures can be organized according to the time they
occur in  the inspection  process:   (1)  pre-inspection preparation,  (2)  pre-entry
observations, (3) entry, (4) opening conference, (5) inspection  documentation, (6)
closing conference, and (7) file update and report preparation.

Pre-lnspection Preparation
      Pre-inspection preparation is necessary to ensure effective use of the inspector's
and the  facility's  time, and to ensure that the inspection is properly focused. Central to
this preparation is a review of the available background information on the facility to be
inspected. This review should enable the inspector to become familiar with the facility's
process  and emission characteristics, allowing the inspection to be conducted in a timely
manner and minimising inconvenience to the facility. The following types of information
should be reviewed:
      a.     Basic facility information.

             • Names, titles and phone numbers of facility contacts.
             • Maps showing facility location and locations of areas potentially
               impacted by emissions.
             • Process and production information.
             • Flowsheets identifying sources, control devices, monitors, etc.
             • Potential safety hazards and safety equipment requirements.

      b.    Pollution control and other relevant equipment data.

             • Description and design data  for control devices  and relevant
               process equipment.
             • Sources and characterization of emissions.
             * Continuous emission monitoring system(s) data.
             • Previous inspection information and reports.
            * Baseline performance data for control equipment.
                                      Fy-4

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       c.     Regulations, requirements and limitations.
             •  Most recent permits for facility.
             •  Applicable  Federal,  State  and  local   regulations  and
                requirements.
             •  Special exemptions and waivers.
             •  Acceptable operating conditions.
       d.     Facility compliance and enforcement history.
             •  Complaint history, including reports, follow-ups, findings and
                remedial actions.
             •  Past conditions of non-compliance.
             •  Previous enforcement actions.
             •  Pending  enforcement  actions,  compliance schedules  and
                variances.
             •  Self-monitoring data and reports.
       The next step in the pre-inspection preparation  is  the development of an
 inspection plan. This plan should address the following items:
       a.     Inspection objectives: Identify the precise purpose of the inspection
             in terms of what it will accomplish.
       b.     Tasks:  Decide on the specific  tasks which will accomplish the
             inspection objectives,  including the exact information which must
             be collected.
       c.     Procedures:  Determine the procedures to be used in  completing
             the tasks, particularly special or unfamiliar procedures.
       d.     Resources:   Determine what  equipment and  personnel will be
             required.
       e.     Schedule:  Estimate the time requirements for  the inspection and
             determine a reasonable time for it to begin (usually when the plant
             is operating at representative conditions).
       Obtaining and preparing inspection and safety equipment is another important
part of pre-inspection preparation.  The type of equipment will vary depending on the
inspection objectives, the level of the inspection, and the process, control equipment and
safety requirements of the facility; however, a general list of recommended equipment is
                                       5-5

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 provided in Table 5-1. All equipment should be checked,, calibrated and tested before
 use.

       In addition to equipment preparation, the inspector must consider what written
 materials,  forms,  documents, etc., will be required during the inspection.  These
 materials may include any or all of the following:
       a.    Maps
       b.    Flowcharts
       c.    Plant layout
       d.    Applicable regulations
       e.    Inspection checklists
       f .    Field notebook
       g.    Reference materials
       h.    Visible emission observation forms
       i.     Inspection plan or agenda
       j.     Credentials
       k.    Facility information
       1.     Baseline data

       The last item that must be considered is  whether the  inspection is to be
 announced or unannounced.  The advantages of the unannounced inspection are:  (1)
 the oppprtunity to observe the source under normal operating conditions; (2) detection
 of visible emissions and O&M-type problems and violations; (3) creation of an increased
 level of attention by a source to its compliance status; and (4) projection of a serious
 attitude  toward surveillance  by  the agency.  The most significant negative aspect of
 performing an unannounced inspection is that  the source may not be operating at
 desired levels or key plant personnel may not be available.   An alternative to  the
 unannounced inspection is to contact the source shortly before the scheduled inspection
 time.

 Pre-Entrv Observations
       Two types  of observations conducted  prior to plant entry have been found
valuable in determination of facility compliance. These are observation of the  plant

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 surroundings and the visible emission observation.  Observations of areas surrounding
 the plant and visible emission observations from outside the plant may reveal a variety of
 signs of operational practices  and pollutant  emissions  which can aid in  pre-entry
 evaluation.

 Entry
       This section details accepted procedures for entry into a facility to conduct an on-
 site inspection.  It does not cover procedures for obtaining an inspection warrant in the
 case of refusal of entry, since refusal is not prevalent.

       Arrival at the facility  must be during normal working hours.  Entry through the
 main  gate is  recommended unless the  inspector  has  been previously  instructed
 otherwise. Upon arrival, the inspector should locate a responsible plant official, usually
 the plant owner, manager or  chief environmental engineer. In the case of an announced
 inspection this person would most probably be the official to whom notification was
 made. The inspector should note the name and title of this  plant representative.

       Upon meeting the  appropriate  plan officials, the inspector should introduce
 herself or  himself, present the official with proper credentials and state the reason for
 requesting entry.  Credentials vary with each agency, but most include the inspector's
 photograph, signature,  physical description, and  the  authority  for  the  inspection.
 Credentials should be presented whether identification is requested or not. After plant
 officials have examined the credentials, they may wish to telephone the agency to verify
 the inspector's identity. Credentials should never leave the  sight of the inspector.

       Consent to inspect the premises must be given by the owner or operator or their
 representative at the time of the inspection. Express consent is not necessary. As long
 as the inspector is  allowed to enter, entry is considered voluntary and consensual.  If
 there is difficulty in gaining consent to  enter, the inspector should tactfully probe the
 reasons and work with officials  to  overcome the obstacles.  Care should be taken to
 avoid threats, inflammatory discussions,  or deepening of misunderstandings. Whenever
 the situation is beyond the  authority or control of the inspector, their supervisor should
be contacted for guidance.

       When the facility provides a sign-in sheet, log or visitor register, it is acceptable
for inspectors to sign it However, under no circumstances should an inspector sign any
type of waiver that  would relieve the facility of responsibility for injury or which would
                                       5-7

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limit  the  rights of the  agency to use data obtained from the facility.   Likewise, an
inspector should not sign non-disclosure agreements, since regulations on confidentiality
of business information already protect the facility.  If such a waiver  or release is
presented, the inspector should politely explain that they cannot sign it.  If entry is
refused because of this, the inspector should leave the facility and immediately report
the pertinent facts to their supervisor.  All events surrounding the refused entry should
be fully documented.

       If the plant official asks the inspector to leave the premises after the inspection
has begun, the inspector should first try to resolve the problem and continue  with the
inspection. If resolution is not possible, the inspector should leave the facility and notify
their supervisor. If the inspector is denied access only to certain parts of the facility, the
inspection should be completed to the extent allowed. The inspector should note those
areas to which entry was denied and the reasons for denial. After leaving the facility, the
inspector should contact their supervisor for further instructions.

Opening  Conference
       Once legal  entry has been established, the inspector should proceed with a vital
part of every inspection, the opening conference.  The purpose of  this meeting is to
inform the plant official(s) of the purpose of the inspection, the authority under which it
will be  conducted, and  the procedures  to be followed.  The opening conference also
provides an opportunity to strengthen agency-source relationships through a positive
attitude and helpful assistance. Effective execution of the opening conference often
facilitates the remainder of the inspection.

      During the opening conference, the inspector is responsible for  covering the
following items:
      a.     Inspection objectives:   An outline of inspection objectives will
             inform plant official of the purpose and scope of the inspection and
             may help avoid misunderstandings.
      b.     Inspection agenda: Discussion of the sequence and content of the
             inspection, including  operations and control  equipment to be
             inspected  and  their  current  operating status.   The types  of
             measurements to be made and the samples to be collected should
             also be addressed.
      c.    Facility information verification:   The inspector should verify or
             collect the following information:
             • Name and address of the facility.

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              •  Names and telephone numbers of plant contacts.

              •  Principal product(s) and production rates(s)

              •  Type and location of emission sources.

       d.    List of records: A list of records to be inspected will allow officials
              to gather and make them available.

       e.    Accompaniment:  It is imperative  that a facility official accompany
              the inspector during the inspection, not only to describe the plant
              and its principal  operating  characteristics, but also to identify
              confidential data and for safety and liability considerations.

       f.     Safety requirements:  The inspector should determine what facility
              safety regulations, including safety equipment requirements, will be
              involved and should be prepared to meet these requirements. The
              inspector should also inquire about emergency warning signals and
              procedures.

       g.    Meeting schedules:    A schedule of needed meetings  with key
              personnel will allow them to  allocate tune to spend  with  the
              inspector.

       h.     Closing conference: A post-inspection meeting should be scheduled
             with  the appropriate officials to provide a final opportunity to
              gather  information,  answer questions,  and make confidentiality
              declarations.

       i.     New requirements: The inspector should discuss any new rules and
             regulations  that might affect the facility and  answer  questions
             pertaining to them, u the inspector is aware of proposed rules that
             might affect the facility, the facility could be encouraged to obtain a
             copy.

       j.     Duplicate samples:  Facility officials should be informed of their
             right  to receive a duplicate of any physical sample collected for
             laboratory analysis or to conduct simultaneous measurements.

       k.     Confidentiality claims: Company officials should be advised of their
             right to request confidential treatment of trade secret information.

       1.     Photographs:  The inspector should request permission to take
             photographs during the inspection.


Inspection Documentation
       Taking physical samples, reviewing records and documenting facility operations

are the methods used by the inspector to develop the documentary support required to

accomplish inspection objectives. The documentation from the inspection establishes
                                       5-9

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 the actual conditions existing at the time of the inspection, so that the evidence may be

 objectively examined at some later time.


       Types of documentation include the field notebook,  field  notes and checklists,

 visible emission observation forms, drawings, flowsheets, maps,  laboratory  analyses,

 chain of custody records, statements, copies of records, printed matter and photographs.

 Since any documentation gathered or produced in the course of the inspection process

 may  eventually become part of an  enforcement proceeding,  it  is the inspector's

 responsibility to ensure that it can pass legal scrutiny.


 Field Notebook

       The core of all documentation relating to an inspection is the field notebook.

 Since the inspector may  eventually be  called upon to testify  in an  enforcement

 proceeding, detailed records of inspections, investigations, samples  collected,  and

 related inspection functions must be kept.  The types of information that should be

 entered into the field notebook include:

       a.    Observations:   All  conditions,  practices and  other observations
             relevant to the inspection objectives or that will contribute to valid
             evidence should be recorded.

       b.    Procedures:   Inspectors  should  list or  reference all  procedures
             followed during the inspection, such as those for entry, sampling,
             records inspection and document preparation.  Such information
             could  help  avoid  damage  to case  proceedings on  procedural
             grounds.

       c.     Unusual conditions or problems: Unusual conditions  and problems
             should be recorded and described in detail.

       d.     Documents and photographs: All documents taken or prepared by
             the inspector should be  noted and related to specific inspection
             activities.

       e.     General information: Names and titles of facility personnel and the
             activities they perform should be listed, along with  other general
             information. Pertinent statements made by these people should be
             recorded. Information about a facility's record-keeping procedures
             may be useful in later inspections.


       The field notebook forms the basis for both the inspection report and  the

evidence package and should contain only facts and pertinent observations. Language

should be objective, factual, and free of personal feeling or terminology that might prove

inappropriate.  The field notebook is  part of the agency's files and should not be
                                      5-10

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considered the personal property of the inspector, although copies may be made for the
inspector's working file.

Visible Emission Observation Form
       Since visible emission observations are such a frequently used enforcement tool, a
separate form is typically used for data recording.  This form should  be designed to
include all supporting documentation necessary for the data to be accepted as evidence
of a violation.  It is recommended that the inspector utilize such a form, and that an
appropriate reference be made to the form in the field notebook.

Samples, Chain of Custody and Laboratory Analyses
       Samples are often gathered by inspectors. For the laboratory analysis of a sample
to be admissible as evidence, a logical and documented connection must  be shown
between the samples taken and the analytical results reported. This connection is shown
by using chain of custody procedures which serve to document sample integrity from the
time the sample was taken until the time it is analyzed. Chain of custody procedures are
discussed in a later section.

Drawings and Maps
       Schematic drawings, flowsheets, maps, charts and other graphic  records can be
useful as supporting  documentation.  They can provide graphic clarification of site
location relative to the overall facility, relative height and size  of objects, and other
information which, in combination with samples, photographs and other documentation,
can produce an accurate and complete evidence package.  Drawings and maps should be
simple and free of extraneous detail. Basic measurements and compass points should be
included to provide a scale for interpretation.

Copies of Records
      'A facility's records and files may be stored in a variety of information retrieval
systems, including written or printed materials, computer or electronic systems, or visual
systems such as microfilm and microfiche. When copies of records are necessary for an
inspection report,  storage and retrieval methods must  be  taken into consideration.
Written or printed records can generally be copied on site, while computer or electronic
records may  require the generation  of hard copies for inspection purposes.  Visual
systems usually have  copying  capacity built into the viewing machine.  If possible,
arrangements for copies should be made during the opening conference.
                                      5-11

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       Immediate and adequate identification of records reviewed is essential to ensure

the ability to track these records through the agency's custody process and ensure their

admissibility as evidence. When inspectors are called on to testify, they must be able to

positively identify each particular document, state its source and give the reason for its

collection.  The following items are suggested to identify records:

       a.     Initialing and  dating:   The  inspector should  develop  a unique
             system for initialing and dating records so that their validity can be
             easily verified. Both the original and the copy should be initialed,
             and all identification notations should be placed on the back of the
             document.

       b.     Numbering:   Each document or  set of  documents should be
             assigned a unique identifying number.  That number should be
             recorded on each document and in the field notebook.

       c.     Logging:  Documents obtained during the  inspection should be
             entered in the field notebook according to some logical system. As
             a minimum, the following information should be included:

             •  Identifying number.

             •  Date.

             •  The reason for copying the material.

             •  The source of the record.

             •  The manner of collection.


Statements

       On rare occasions it may be useful to the objectives of the inspection to obtain a
formal statement from a person who has firsthand knowledge of relevant facts.  The

principal objective of obtaining a statement is to record in writing, clearly and concisely,

relevant factual information so  that it  can be used as documentary  support.  The

following procedures and considerations are suggest whenever it is necessary for the

inspector to take a statement:

       a.     Determine the need for the statement.   Will it provide useful
             information? Is the person making the statement qualified to do so
             by personal knowledge?

      b.     Ascertain all the facts and record  those which are relevant and
             which the person can verify in court.  Make sure all information is
             factual and firsthand.  Avoid taking  statements that cannot be
             personally verified.  In preparing the statement, use  a simple
             narrative style and avoid stilted language.
                                      5-12

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      c.     Positively identify the person (name, address, position) and show
             why they are qualified to make the statement.

      d.     Have the  person read the statement and make any necessary
             corrections.  All mistakes that are corrected must be initialed by
             the person making the statement.

      e.     Ask the person making the statement to write a brief concluding
             paragraph indicating they have read and understood the statement.
             Have the person making the statement sign it.

      f.     If  the  person  refuses  to sign the  statement, ask  for   an
             acknowledgement in the persons own hand  that it is true and
             correct (e.g., "I have read this statement and it is true, but I am not
             signing it because....").  Failing that, declare at the bottom of the
             statement that the facts were recorded as revealed and that the
             person read the statement and avowed it to be true.  Attempt to
             have any witness sign the statement, and include the witness' name
             and address.

      g.     Provide a copy of the statement to the signer, if requested.


 Printed Matter

      Brochures, literature, labels and other printed matter may provide important

 information regarding a facility's condition and operations.  These materials may be
 collected as documentation if, in the inspector's judgement, they  are relevant.  All
 printed matter should be identified with the date, inspector's initials and related sample
 numbers, and reference to these materials should be made in the field notebook.


 Photographs

      The documentary value of photographs ranks high as admissible evidence. Clear

 photos of relevant subjects, taken in proper light and at proper lens settings, provide an

 objective record of  conditions at the  time of the  inspection.   However,  since

 photographic documentation often elicits a negative reaction from plant officials, it

 should be used sparingly and only when necessary to document an inspection rinding.


      When a situation arises that dictates the use of photographs, the inspector should

 obtain the company's permission. The inspector may offer to provide the company with

 duplicates;  and,  as with other data  collected, should ascertain whether any of the

photographs contain information the company wishes designated as confidential. If the

company refuses to allow photographs and the inspector believes the photographs will

have a substantial impact on future enforcement proceedings, an enforcement attorney

should be consulted for further instructions.  At all times, the inspector is to avoid

coiifrontations that might jeopardize the completion of the inspection. The inspector
                                      5-13

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 should also remember that photographs may always be taken from areas of public access
 (e.g., outside the fence, from the road, from a public parking lot, etc.), as long as no
 unusual equipment is used.

       Photographs  taken with instant developing cameras  are useful for inspection
 because they allow an immediate confidentiality review and provide the opportunity for
 the inspector to immediately provide the company with duplicate shots.  However, a
 single-lens reflex  camera will take higher quality photographs and  should be used
 whenever available.  It is suggested that all photographs be made with color print film.
 Also, it is helpful to photograph a subject from a point that will indicate its location and
 direction.  The addition  of an  object of known size  is useful to  help indicate the
 approximate size of the subject  In areas where there is a danger of explosion, flash
 photographs should not be taken.

       A log should be maintained in the  inspector's field notebook for all photographs
 taken during an inspection.  Entries should be numerically identified, so that after the
 film is developed the prints can be serially numbered to correspond to the notebook
 descriptions. If necessary, pertinent information from the notebook can be transferred
 to the back of  the photograph.  Notebook entries  should  include  the  following
 information:
       a.     Signature of the photographer.
       b.     Description  of the film used (type, ASA number, origin, expiration
             date, etc.)
       c.     Focal length of lens being used.
       d.     F-stop and shutter speed at which the camera is set.
       e.     Lighting conditions encountered.
       f.     Time of day  and weather conditions.
       g.     Date.
       h.     Location.
       i.      A brief description of the subject being photographed.

Closing Conference
       The closing conference with plant officials enables the inspector to conclude the
inspection by answering any questions the company may have, filling in any gaps in the
                                      5-14

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data collected, and identifying any information considered confidential.  The closing
conference  also provides an opportunity to  improve  agency-source relations  by
extending helpful advice and assistance.  It is very important that the inspector follow-up
on all referrals and offers of help.  A letter, phone call or repeat visit will indicate
interest on  the part  of the agency.  As a ininimum, the following elements should
constitute the closing conference:
       a.     Review  of inspection data:  The inspector should review the data
             gathered and identify and fill any gaps in the information.  The
             inspector should ensure that there is general agreement on the
             technical facts.
       b.     Inspection  follow-up  discussion:    The  inspector  may  answer
             inspection related questions from plant officials, but should only
             state matters of fact.  The inspector should not make judgements
             or conclusions  concerning the facility's compliance status,  legal
             effects or enforcement consequences.
       c.     Declaration  of  confidential business information:  Plant  officials
             should be given the opportunity to make a claim of confidentiality
             on material provided to the agency. The inspector should note ail
             information  claimed confidential  and handle  these materials
             accordingly.
             Preparation of receipts: The inspector should prepare
             receipts for any samples or records taken.
and deliver
 File Update and Report Preparation
       The data an inspector collects and substantiates may later be used as evidence in
 an enforcement proceeding. It is the inspector's responsibility to see that these data are
 organized and arranged so that other agency personnel can make maximum use of them.
 Thus, the file update and inspection report preparation activities are an important part
 of the inspection process. These should be done as soon as possible after the inspection
 to ensure that all events are still fresh in the inspector's memory.

       Several types of files are utilized for storing facility information.  These include
 EPA's Compliance Data System (CDS) and National Emissions Data System (NEDS),
 the agency's source files and the inspector's working file.  Data in these files should be
 reviewed for missing or out-of-date information and then updated using the inspection
 data.

       The inspection report serves two very important purposes:  (1) it provides other
agency personnel with easy access to  the inspection information; and (2) it constitutes a
                                       5-15

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 major part of the evidence package which will be available for subsequent enforcement

 proceedings.  To meet these objectives,  the information contained in the inspection

 report should be:

       a.     Accurate: All information  must be  factual and based on sound
             inspection practices.  Observations should be the verifiable result
             of firsthand knowledge. Compliance personnel must be able to
             depend on the accuracy of all information.

       b.     Relevant:  Information in an inspection report should be pertinent
             to the objectives of the inspection. Irrelevant facts and data will
             clutter a report and may reduce its clarity and usefulness.

       c.     Comprehensive: Suspected violations should be substantiated with
             as much factual, relevant information as is feasible to gather. The
             more comprehensive the evidence is, the better and easier the
             outcome of any enforcement action will be.

       d.     Coordinated:  All information pertinent to the subject should be
             organized into a complete  package.    Documentary support
             accompanying the report should  be clearly referenced so that
             anyone reading the report will get a complete and clear overview of
             the situation.

       e.     Objective: Information should be objective and factual. The report
             should not speculate on the ultimate result of any factual findings.

       f.     Clear:  The information in the report should be presented in a clear
             and well-organized manner.

       g.     Neat and legible: Allow time to prepare a neat and legible report.


 Handling Confidential Business Information

       As part of the  data gathering involved in  an air compliance inspection, the
 inspector  may collect  information  claimed confidential  by the company.    It is

 recommended that such information be avoided unless it is essential to the inspection

 objectives.  The less confidential data collected, the less confidential data that will

 require safeguarding. During the inspection, the inspector should communicate to the

 plant officials that the agency has  an organized and secure  system  for handling
 confidential business information.


       Trade secrets and confidential information are protected from public disclosure

by Section 114(c) of the Clean Air Act. The type of information that may be claimed

confidential is defined in 40CFR2; however, from the inspector's standpoint, confidential
                                      5-16

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information may be defined as any information received under a claim of confidentiality.

This information could be in written form, in photographs, or in the inspector's memory.


       It is the inspector's responsibility to inform company  officials of their rights

regarding confidentiality claims.  The following  paragraph, excerpted from 40CFR2,
provides suggested language:

                    "If you believe that any of the information
                    required to be submitted pursuant to this
                    request • is  entitled  to  be   treated   as
                    confidential,  you  may  assert  a  claim  of
                    business confidentiality,  covering all of any
                    part of the information,  by placing on  (or
                    attaching to) the information a cover sheet,
                    stamped or typed legend, or other suitable
                    notice,  employing language  such as  'trade
                    secret',    proprietary',     or     'company
                    confidential'.  Allegedly confidential portions
                    of  otherwise   non-confidential  information
                    should be  clearly identified.  If  you  desire
                    confidential treatment only  until  a certain
                    date  or  until the occurrence  of a certain
                    event, the notice should so state. Information
                    so  covered by a claim will  be disclosed by
                    EPA only to the extent, and through  the
                    procedures, set forth at 40CFR2, Subpart B."

Under ideal circumstances, a facility official will accompany the inspector and make

preliminary indications of information which may be claimed confidential. The inspector

should  not speculate whether any  data  claimed confidential  will eventually  be

determined to be confidential.  This determination is a legal and administrative policy

decision and not within the inspector's authority. Company officials should be informed

that they may also make claims of confidentiality at a later tune.


      • If possible,  confidential information  should not be  entered into  the field

notebook. One technique is to use a non-confidential reference to the information in the

notebook and separate sheets (which are considered separate documents) on which to

record the  confidential information.  Copies of records or others documents claimed

confidential may also be separated and kept with the confidential field notes. At the end

of the inspection, the inspector should make a complete inventory of the confidential

information received. That inventory should include the document number, the date

received, the number of pages and a brief description.  Each page of confidential

information received should be stamped with a statement such as the following:

-------
CONFIDENTIAL BUSINESS INFORMATION
CLAIMED CONFIDENTIAL
DOCUMENT PAGE OF
REC'D FROM
REC'D BY
DATE
ID

 If the company has declared a physical sample confidential, the inspector should mark
 the seal "Confidential Business Information".


       The inspector  may sometimes be on the road for several days while doing
 inspections.   During this time, it is his  or her full responsibility to  ensure that  the

 information collected is handled securely. Suggestions for handling confidential data in
 the field are as follows:
       a.
       b.
       c.
Documents and field notes are considered secure if they are in the
physical possession of the inspector and are not visible to others
while in use.

Confidential  inspection  documents  should be  kept inside an
unlabeled  envelope which  is in a  locked briefcase.   If  it is
impractical to carry the briefcase into a given situation, it may be
stored in a locked area such as a motel room or the truck of a car.

If it  is necessary  for the  inspector to  review a  confidential
document, it should be done in privacy since the "Confidential
Business Information" marking is likely to arouse curiosity.  If
privacy  is violated, the documents must be. shielded from  view
immediately.

Physical samples should be placed in locked containers and stored
in a  locked  portion of  a  motor vehicle.  Chain of  custody
procedures provide further protection for ensuring the integrity of
the sample.
       Immediately on returning to the office, the potentially confidential information
should  be placed  in  a secure  file  cabinet  designated especially for confidential
information.  Samples considered confidential should be assigned a document number
and sent to an approved laboratory for  analysis.  The chain of custody and analysis
results should bear this document number. At all times prior to analysis and/or disposal,
the samples should be stored in a locked cabinet.
       d.
                                      5-18

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       In  preparing the  inspection report* it  is  recommended that confidential
information be referenced in a non-confidential manner (e.g.,  by referring to the
document in the confidential files and  providing a general description  of it).  If
necessary, the confidential data may be included in the report, but then the entire report
must then be treated as a confidential document.

Chain of Custody Procedures
       An  important  aspect of the introduction  of evidence during enforcement
proceedings is documentation of the possession and handling of that evidence from the
moment of its collection until  its  introduction as evidence.  This documentation is
generally referred to as the "chain of custody".  Chain  of custody documentation is
applicable to samples, photographs, field notes and laboratory notes; however, the most
rigorous proof of a chain of custody is usually required for physical samples.

       A sample or document is considered to be in custody if:
       a.     It is in one's physical possession.
       b.     It is in one's view.
       c.     It was in one's physical possession and it was secured so that it
             couldn't be tampered with.
       d.     It is kept in a secured area with access restricted to authorized
             personnel only.
       e.     It is kept in a container or other receptacle sealed with an official
             seal (see  Figure 5-1) that will be broken when the receptacle is
             opened.

       Establishing  and maintaining the  chain of custody  requires adherence  to a
number of procedures which ensure the integrity of the sample. These procedures are
initiated with, the identification of the sample and continue through sample transit and
laboratory analysis and until the introduction of the data into evidence. Sample integrity
is generally easier to document as the number of people who  handle the sample
decreases.  Thus,  all chain of custody procedures are aimed at limiting the number of
persons who handle the sample or data. The following procedures are suggested:
       a.    Establishing custody:  Sample custody  is initiated at the  time of
             collection by labeling the sample with a sample tag (see Figure 5-2)
             and sealing the sample with  the official  seal.  If the company
             declares a physical sample confidential, the inspector should mark
             the tag and seal "Confidential Business Information". If it becomes
                                      5--; 9

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      necessary to break a  seal, it should be mounted on a piece of
      paper, properly initialed and dated, and submitted with the sample
      records to provide part of the continuous history of the sample.
      The sample itself should be resealed with a new seal.  No more
      than one sample should be sealed under one seal.

b.    Preparing sample documentation:  A major aspect of the chain of
      custody is the preparation and maintenance of written information
      describing the collection, shipment, and storage of the  sample.
      Preparation of this documentation is  the responsibility of  the
      inspector and  laboratory personnel.   Properly  maintained, this
      documentation serves  as a clear and complete account indicating
      the sample has remained intact from collection to introduction as
      evidence. The sample must be consistently identified throughout
      this documentation.  Sample numbers  are usually  used  for this
      purpose.  One unique number for each sample is placed on all
      documentation relating to that sample.

c.    Coordinating sample  and documentation:  The inspector  must
      assure that the relationship between the physical sample and the
      related  documentation is  clear,  complete and  accurate.  The
      sample number, date and inspector's initials should appear on all
      documents, and  the  forms  should be filled-in  accurately and
      completely. An example chain of custody form is shown in Figure
      5-3.

d.    Ensuring custody during transit:  Shipment of the sample to the
      laboratory will involve the following procedures:

      •  Samples must always be accompanied by the  chain of custody
         record.   Copies  of documents  should be  retained  by the
         originator.

      •  Sample packages which  are mailed must be sent registered or
         certified mail with return receipt requested.

      •  If sent by other common carrier, such as UPS, a bill of lading
         should be used.

      •  Samples should be shipped  to the person designated laboratory
         custodian and  labeled "Deliver to Addressee ONLY1.  This
         person accepts custody and continues the chain of custody from
         that point onward.

      •  All receipts  and shipping documents must be included in the
         chain of custody documentation.
             jed samples should always be properly packed to prevent
        breakage, and the package should be sealed or locked so that
        any evidence of tampering may be readily detected.
                               5-20

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References


Gruber, C.W., and P.M. Giblin, "Air Pollution Field Enforcement: Student Manual",
      EPA 450/2-80-075, March 1980.

Segal, R.,  and J. Richards, "Inspection Techniques for Evaluation of Air Pollution
      Control Equipment", Volume II, EPA-340/l-85-022b, September 1985.

USEPA,   "Basic Inspector  Training  Course:   Fundamentals  of  Environmental
      Compliance Inspections", Office of Enforcement and Compliance Monitoring,
      February 1989.
                                     -21

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                                 Table 5-1

              Recommended Inspection and Safety Equipment
 Necessary for Most
      Required for Some
Hardhat
Safety glasses or goggles
Gloves
Coveralls
Safety shoes
Ear Protectors
Tape measure
Flashlight
Stopwatch
Duct tape
NIOSH/pSHA Pocket Guide to
  Chemical Hazards
Respirator with appropriate cartridge
Velometer
Pump and filter system
Bucket
Differential pressure gauges
Combustion gas analyzer
Thermometer or thermocouple
pH paper or pH meter
Multimeter
Sample bottles
Strobe
Inductance ammeter
Tachometer
Oxygen and combustibles meter
Self-contained breathing equipment
Rope
                                   5-22

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Figure 5-1. Example of official seal for chain of custody.
UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
INSPECTOR'S SEAL
3

Swnpto No.
1
DM
2
SigrMM*
4
Print NVTW tntt Tito
5
6
6
        Figure 5-2. Example of a sample tag.
      I
CO
   t
   a!
   i
                                       O
                     FRONT
      UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

                  REGION 4
             EnvtOTiwrUJ SwvteM OMrion
                Cotop SUttm ROM!
                Atwni,QA 30613
          Si    EPA
                      BACK
        O
                       5-23

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Figure 5-3.  Example chain of custody record.
A r-fkA Unllt(1
9BEPA-7*.
Chain el Cuetod
Slalaa
nmantal Protection
V
y Record

Inspector Name and Address


Inspector Signiiut*
Analysis/Testing Required
Laboratory
Data Received
Received By
Sent Via
Sample Condition
Condition erf Saalt
Units Received
Sloraga Location
Aatignad By
Assionad To
Dafivarad By
OalaDaRvarad
Number of Unto Raeaivad
Units Analyzed
Data Seal Broken
Date Received
Reseated By
Storage Location
Date Results ol Analysis
Issued to EPA



















Sampla Number

nspection Number
Sample Name
3ate Sample Tine Duplicate Requested
( )Yes ( )No
Location ol Sampling



















Data Results ol Analysis
Issued to Facility







-











Remarks
                   5-24

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                              Chapter 6
              Federal  Legal  Provisions
Goal
The purpose of this lesson is to develop an understanding of the Federal legal provisions
applicable to air pollution control law and its enforcement.  Major topics include the
provisions of the Fourth, Fifth, and Fourteenth Amendments of the U.S. Constitution
and of the Clean Air Act, as amended.

Objectives
At the end of this lesson, the student should be able to:
      1.     Identify the Fourth Amendment as providing protection from
            unlawful search and seizure and understand the limitations for
            gaining entry to a source premises.
      2.     Identify the Fifth Amendment as providing protection against self-
            incrimination (except for corporations).
      3.     Identify the Fourteenth Amendment as establishing the principals
            of due process and equal protection.
      4.     Define the responsibilities of Federal, state and local government
            in the enforcement air pollution statutes.
      5.     Define PSD and offset and recognize where they apply.
      6.     Define NSPS, NESHAPS, RACT, BACT, and LAER.
      7.     State the responsibility of EPA when  states fail to enforce their
            implementation plans.
                                   6-1

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 Introduction
       This chapter  will be  concerned  with  Federal constitutional and statutory
 provisions which affect air pollution enforcement.

 Constitutional Provisions
       There  are  several amendments to the  U.S. Constitution which need  to be
 considered by inspectors in the discharge of their duties (see Table 6-1).

 The Fourth Amendment
       This amendment guarantees that citizens will be free from unreasonable search
 and seizure.  For an inspector, the search and seizure situation arises because most air
 pollution control statutes have a provision allowing entry into a facility at reasonable
 hours for the purpose of investigating suspected pollution activities.

       Generally,  inspectors  are not  required  to  obtain  a search  warrant prior to
 conducting an investigation. The warrantless search is generally justified by the view that
 air pollution laws are for the protection of public health.  If a warrant is not required, the
 key to the propriety of the search is reasonableness.  The search has to be reasonably
 related to air pollution control purposes and a  certain  amount of propriety has to be
 exercised, i.e., the inspection must be conducted during reasonable hours by individuals
 showing proper identification to the owner or manager of the facility.

       A few years ago, a U.S. court required inspectors for the Occupational Safety and
 Health Administration (OSHA) to obtain warrants prior to entering plant property to
 determine compliance with OSHA regulations.  To date,  there has been no such
 requirement placed on air pollution inspections. Since the effects of  an air pollution
 violation are felt directly by the public, the public's right to an investigation of the source
 seems stronger than in an in-plant  situation.   In any  event, the  issue raised by
 administrative searches involves a weighing of an individual's right to privacy against the
 need of a city, state,  or Federal program  to protect its citizens from hazards to their
 health or welfare.

The Fifth Amendment
      This amendment guarantees that persons cannot be required to give testimony
against themselves.   However, most  air pollution  control statutes  have a  provision
requiring  sources  to  supply emission inventory and other data to the enforcement
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agency. There are several reasons why the Fifth Amendment has not posed a deterrent
to the use of self-reported data:
       1.     Fifth Amendment rights do not  apply  to  corporations, only to
             individuals
       2.     Most air pollution enforcement actions are civil actions rather than
             criminal prosecutions, and courts have held that protection against
             setf-incrimination applies only if a person is faced with criminal
             sanctions.

The Fourteenth Amendment
       This amendment guarantees due  process of law and equal protection for all
citizens. Due process principles demand  that a  statute enacted under police power be
applied by the enforcing agency in a reasonable  manner and that any standard adopted
bear a reasonable relation to the interest it is supposed to protect (e.g., public health, the
quality of air resources, etc.).  One of the best ways of ensuring due process is to provide
an opportunity for public hearing prior to the adoption of regulations or prior to major
agency action.

       The equal protection clause of the  Fourteenth  Amendment  forbids the
enactment of laws that establish  arbitrary systems of classification or that permit
discrimination between  persons of the same classification. Persons or subjects may be
classified  for legislative purposes  if such classifications  are reasonable and bear a
rational relationship to  the purpose of the regulation. For example, a  VOC control
regulation may be directed  at  hydrocarbon storage tanks of a certain  size,  while
excluding smaller tanks. This would not be unreasonable because the size of a storage
tank is related to the amount of evaporative loss and is, therefore, a valid  consideration
in VOC regulation.  However, a regulation would be arbitrary if it provided that any
hydrocarbon  storage tank with a bumblebee painted on its side would be exempt from
regulation. Such a rule would not have any reasonable bearing on air pollution control.

The U.S. Clean Air Act (CAA)
       The fundamental precept of the Clean Air Act of 1967, as amended in 1970 and
in 1977, is that the  major responsibility for control of air pollution from stationary
sources rests  with state and local programs. Under the statutory framework of the Act,
EPA does not enter the enforcement picture unless the state or local programs have
failed to do the job prescribed in the Act.
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       An exception to this is the control of air pollution from new mobile sources,
 which has been given directly to EPA. Thus, EPA sets the standards for new automobile
 engines, fuels or fuel additives, and aircraft emissions. The reason for this is obvious. If
 every state had a different standard for these types of mobile sources, there could be a
 substantial interference with interstate commerce.

 State Implementation Plans fSIPs)
       Under the dean Air Act, EPA is required  to establish national  ambient air
 quality standards (NAAQS) for major air pollutants (Section 109). In general, the 1970
 amendments set June 30, 1975, as the date for attainment of these standards. Section
 110 of the Act required all states  to submit an  implementation plan showing how
 attainment  would be achieved and maintained by  the statutory dates.   These SIPs
 include emission limitations for stationary sources and control strategies and form an
 enforceable commitment on the part of the states. If a state or local program fails to
 enforce any requirement of its SIP, it can be enforced by EPA

       Attainment was not achieved in all areas by the 1975  deadline, so Congress
 amended the Clean Air Act in 1977 to allow areas to continue the process of coming into
 compliance with air quality standards.  Those areas that attained the standards prior to
 August 7,1977, were required to maintain those standards.

       In nonattainment areas, Congress placed restrictions on the growth of sources
 and required SIP revisions to be submitted that would demonstrate attainment on or
 before December 31,1982, for all pollutants except carbon monoxide and ozone.  If a
 state could demonstrate a need, that date could be extended to December 31,1987. For
 mobile source related problem areas,  the states were to demonstrate attainment as
 expeditiously as practicable, but no later than December 31,1987.

 Federal Enforcement

 National Emission Standards for Hazardous Air Pollutants (NESHAPS)
      Section 112 of the CAA requires the Administrator of EPA to establish standards
for air pollutants to which no ambient air quality standard is applicable and which in the
judgment of the Administrator may cause, or contribute to "an increase in  mortality or
an increase  in serious irreversible, or incapacitating  reversible,  illness."  A NESHAPS
standard applies  to any new or modified source.   In addition, existing  sources  are
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required to comply with a NESHAPS standard within ninety days after its effective date.
Enforcement of these standards is often delegated to state and local agencies.

Section 113 of the CAA
      This  section provides that whenever EPA  finds that a violation of  a  SIP
requirement is occurring, the Administrator shall notify the person who is violating the
plan and  the state in which the plan applies.  If such violation extends beyond the
thirteenth day after notification, the Administrator may either issue an order requiring
the violator to comply with  the  requirements of the  SIP or bring civil action for
appropriate relief, including a permanent or temporary injunction, and/or a civil penalty
of not more than $25,000 per day of violation.

Section 303 of the CAA
      This section provides that when a pollution source is presenting "imminent and
substantial endangerment to the health of persons", and the "appropriate state or local
authorities have not acted to abate such sources",  the Administrator may bring suit to
immediately restrain the violation.

Permit Requirements
      Under the dean Air Act of 1970, states were required to have a permit system
for pre-construction review of stationary sources.  The 1970 Act dealt with permits in
virtually a single paragraph, setting out  a  very broad requirement that states have a
program for preventing the construction or modification of any  source which would
prevent the  attainment or maintenance  of  an  NAAQS.   In contrast, the  1977
amendments provided  considerable detail as to what must be reviewed prior  to the
issuance of a permit.

New Source Performance Standards (NSPS)
      Section IE of the Act requires the Administrator to publish  a list of categories of
stationary sources which may contribute significantly to air pollution which causes or
contributes to the endangerment of public health or welfare. The Administrator must
then propose regulations establishing standards of performance for new sources within
each category.  Enforcement of these  standards is usually delegated to state and local
agencies.
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Prevention of Significant Deterioration (PSD)
      The concept of preserving those areas of the country with air quality cleaner that
prescribed by the NAAQS gained attention as the result of a suit brought by the Sierra
Club against EPA (Sierra Club v. Ritckleshaus). A Federal Court of Appeals agreed with
the Sierra Club's position and ordered EPA to revise aU SIPs  to prevent  significant
deterioration in clean areas.  The U.S. Supreme Court split four to four in its review of
the case, thereby letting stand the Court of Appeals decision.

      After the PSD concept became clearly established as a requirement of the Clean
Air Act,  there were many  unanswered questions as to how this policy  was to be
implemented. The very definition of "significant deterioration" was far from clear. EPA
proposed  regulations outlining  how PSD was  to  be implemented through state
construction permit reviews.  When Congress adopted amendments to the Clean Air Act
in 1977, it largely incorporated  EPA's  regulations into the PSD sections of the Act
(§§160-169).    Congress  did  make some  changes, however,  particularly  in the
extensiveness of the pre-construction review.

      Originally, the concept of PSD applied only in areas that were cleaner than the
NAAQS.  However, the regulations  now extend PSD pre-construction review to any
major emitting facility, no matter where that facility will be  located.  The rationale
behind the expansion is that a major source located in a nonattainment area might affect
the air quality in a clean area.

      The basic PSD requirement, as set out in Section 165 of the Act, provides that no
major emitting facility for which construction is commenced after August 7,1977, may be
constructed unless:
      a.     A permit has been issued specifying the emission limitations;
      b.     An evaluation of existing air quality data has been conducted;
      c.     Certain specified air quality increments are not exceeded;
      d.     Best available control technology (BACT) is applied to the source;
      e.     The requirements for protection of pristine (Class 1) areas are met;
      f.      There is an analysis of air quality impacts projected for the area as
             a result of growth associated with the proposed facility; and,
      g.     Monitoring will be conducted  to  determine the  effect of  the
             facility's emissions on air quality.

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Nonattainment Areas
      The 1970 version  of the CAA did not  include  any provision  concerning
nonattainment. It very optimistically set mid-1977  as the outermost date by which the
NAAQS were to be attained. When the attainment date passed, many areas were found
to be exceeding one or more of the air quality standards. Under the 1970 Act, the only
course of action available  was to revise the applicable SEP to ensure attainment and
maintenance of the standards. The states and EPA were then faced with the question of
what to do about growth in nonattainment areas during the period in which the SIPs
were being revised.

      To address this  problem, EPA  developed regulations  on "emission  offsets"
(Interpretative Ruling of December 21, 1976). Although there was no provision in the
1970 CAA for such a concept, EPA viewed it as a compromise alternative to a no-growth
policy. Congress apparently agreed, because the 1977 amendments specifically adopted
the requirements of EPA's Interpretive Ruling as an interim policy, with the exception
that the baseline to be used for determination of appropriate emission offsets was the
applicable SEP in effect at the time of application for a permit.

      For the purpose of offset requirements, a major source is defined as one which
has a potential emission rate of 100  or more tons per year (1,000 tons for  carbon
monoxide). Basically, EPA's Interpretative Ruling was to apply until a revised SEP was
adopted (these were to have come into effect on July 1,1979, but most were delayed).
The SEP revisions also included requirements for the use of reasonably available control
technology (RACT) on existing sources.

      Both the  Interpretative Ruling and the 1977 amendments on Nonattainment
Area Plans (Title I, Part D) provide that major sources are  subject  to an air  quality
analysis, and if the allowable emissions from the proposed source would "exacerbate" a
violation of an NAAQS, approval may be granted only if all the following conditions are
met:
      a.    Lowest Achievable Emission Rate (LAER):  In determining LAER,
            the reviewing authority must consider the most stringent emission
            limitation contained in any SEP in  the country and the  lowest
            emission which is achieved in practice for such type of source. In
            no event can the specified emission rate be less restrictive than the
            applicable NSPS.
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b.    Complete Compliance: All existing sources, in the same air quality
      control region, that  are  owned or controlled by the owner or
      operator of the proposed source must be in compliance with all
      applicable  requirements  under a  SEP  or  must be  under  an
      enforcement order issued  pursuant to Section 113 of the CAA.

c.    Reasonable Further Progress (RFP):  Emission offsets from existing
      sources in the area (whether or not under the same ownership) are
      required such that total emissions from the existing and proposed
      sources are sufficiently less than the total allowable emissions from
      the existing sources under the SEP  so  as to represent reasonable
      further progress toward  attainment of the applicable NAAQS.
      RFP is essentially a two-part process in which a schedule is first
      developed and then a yearly tracking exercise is performed. The
      purpose  of an RFP schedule is  to  verify  that the  emission
      reductions obtained are being accomplished at the most reasonable
      and efficient rate possible, so that attainment  by the prescribed
      time can occur.
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                                   Table 6-1

                     The Constitution of the United States
                                Selected Amendments
                                   Article IV

The right of the people to be secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated, and no Warrants shall issue,
but upon probable cause, supported by Oath or affirmation, and particularly describing
the place to be searched, and the persons or things to be seized.


                                    Article V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a
presentment or indictment of a Grand Jury, except in cases arising in the land or naval
forces, or in the Militia, when in actual service in time of War or public danger; nor shall
any person be subject for the same offence to be twice put in jeopardy of life or limb; nor
shall be compelled in any criminal case to be a witness against himself, nor be deprived
of life, liberty, or property, without due process of law;  nor shall private property be
taken for public use, without just compensation.


                                   Article XTV

Section I:  All persons born or naturalized in the United States, and subject to the
jurisdiction thereof, are citizens of the United States and of the State  wherein they
reside.  No State shall make or enforce any law which shall abridge the privileges  or
immunities of citizens of the United States; nor shall any State deprive any person of life,
liberty,  or  property, without due  process of  law; nor  deny to any person  with  its
jurisdiction the equal protection of the laws.
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References


Gruber, C.W., and P.M. Giblin, "Air Pollution Field Enforcement: Student Manual",
      EPA 450/2-80-075, March 1980.

USEPA,  "Basic  Inspector  Training  Course:   Fundamentals  of Environmental
      Compliance Inspections", Office of Enforcement and Compliance Monitoring,
      February 1989.
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                            Chapter 7
            State and  Local Laws  and
           Administrative Procedures
Goal
The purpose of this lesson is to develop an understanding of the source of authority for
state and local control programs and the various mechanisms for achieving enforcement,
focusing on administrative procedures to secure compliance.


Objectives

At the end of this lesson, the student should be able to:

     1.    State the source of authority for controlling air pollution within a
           state.

     2.    Differentiate between common law and statutory law, including
           reference to nuisance.

     3.    Explain legislative and adjudicatory hearings and give examples of
           the uses of each.

     4.    Recognize that neither administrative nor court orders are self-
           enforcing.

     5.    Define the process of enforcing orders.

     6.    Understand the adversarial nature of enforcement actions.

     7.    Explain why  the inspector is  the keystone  of the enforcement
           process.
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 Introduction
       This chapter deals with the legal basis for air pollution statutes and regulations
 and with basic administrative procedures.

 Police Power
       Police power forms the basis of state and local authority to control air pollution.
 Simply stated, police power is power reserved to the states by the U.S. Constitution that
 allows states to establish laws for the preservation of public order and tranquility; the
 promotion of the public health, safety, and morals; and, the prevention,  detection and
 punishment of crimes.

       As long as pollution control legislation is founded  on the need to protect the
 public health,  not much  question  can be  raised about its constitutional validity.
 However, some pollution control statutes cover additional areas, such as recreational
 and aesthetic interests.  It is probably safe to say that  the  strength  of a statute's
 constitutionality  decreases  as  its  coverage  is  extended beyond  public health
 considerations.

 Common Law Nuisance
       Pollution was labeled a nuisance as early as 1611, when an English Court affirmed
 the granting of an injunction and awarded damages to a plaintiff upon a showing that the
 defendant had erected "a hog stye so near the house of the plaintiff that the air thereof
 was corrupted". As common law, it was not a personal environmental right to breathe
 clean air, but rather a property right which was protected in a nuisance action.

       The  common law nuisance concept is evident in the fact that most clean air
 statutes define  air pollution as "the presence in the atmosphere of air contaminants in
 such concentration and of such duration as are or may tend to be injurious to the public
 health, welfare and the reasonable use and enjoyment of property".  A nuisance theory
 can be used effectively in areas where there  is no air pollution control  standard (i.e.,
 odor). In an odor case, the most effective evidence is the testimony of witnesses who can
 relate how odors from the source make them ill, cause  their food to taste funny, keep
 them awake at night, etc.

      In planning a nuisance action, it is helpful for the complainants to keep some sort
of diary  in  order to be  as specific as  possible  about  the nuisance conditions.   For
example, they should record the date, time,  and wind direction (if possible) when the

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 odors are the most severe. They must be able to connect the nuisance with the source,
 as well as show some adverse effect from the nuisance.

       Notwithstanding its usefulness in areas not suited to emission limitations, there
 are a number of problems associated with a nuisance case:
       a.     It is fairly subjective, and  it is therefore ill suited  to guide
             engineering and business decisions.
       b.     The court "balances the equities" and therefore looks at such things
             as who was there first and how long a  person waited before
             complaining of the nuisance.
       c.     The interference  must generally be of a type which would affect a
             person of ordinary sensibilities.

 The Statutory Approach
       Since the 1930s, there has been a trend toward dealing with specialized areas of
 law by creating administrative agencies to "fill  in the details" of a broad statutory
 framework.  This  has been done  very effectively in the  area of air pollution control.
 Legislators  establish  agencies  which in turn hire technical personnel  and develop
 expertise to enact rules and regulations in specific areas.  Advantages to this approach
 include:
       a.     More objectivity and predictability.
       b.     No harm must be  proven when prosecuting for violation of an
             emission regulation because the legislature has, in effect, declared
             that any emission exceeding the standard is unlawful.

 Hearings Prior to Regulation Adoption
       In adopting air pollution control standards, agencies not only rely on their own
 technical personnel but also on input from regulated industries and the general public.
 One of the most effective mechanisms for obtaining this information is through public
 hearings.  In fact, many federal and state statutes require a public hearing prior to the
 adoption of a regulation or SEP revision (e.g., §163(c)(l) of the CAA).  This type of
 hearing is referred to as legislative or fact-gathering and differs from adjudicatory
 hearings in  that it is not an adversary proceeding and there is  generally no cross-
 examination of witnesses or use of the rules of evidence. The function of this hearing is
simply to inform the public of proposed regulation and to collect information and data
on the proposal.
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 Adjudicatory Hearings
       The Federal government and most states have an Administrative Procedure Act
 which sets out certain requirements for contested case hearings.  These hearings are
 judicial in nature.  At the Federal level, the hearings examiners are referred to as
 Administrative Law Judges.

       The term adversary should not be confused  with antagonistic.  The adversary
 system simply ensures that the  ultimate truth of the  matter is reached  by the full
 presentation of all positions and arguments. At these hearings, the parties are generally
 represented by counsel and the rules of evidence are followed.  All witnesses must be
 subject to cross-examination.

       One area in which this type of hearing can be very effective is  in enforcement
 proceedings.  When an administrative agency feels that a company is in violation of a
 statute but does not have quite enough information for court action, it can benefit from
 conducting an adjudicatory hearing. These hearings are sometimes called "show cause"
 hearings, because the company is given notice to  appear and show cause why an
 enforcement action should not be initiated. If, after reviewing evidence presented at the
 hearing, the agency is unable to find a justification for the source's noncompliance status,
 an enforcement order may be entered.

       An administrative order can be extremely useful in that it can set out a detailed
 timetable for compliance. However, if this administrative order is violated, the control
 agency must go to court in order to enforce it.  Therefore, if a compliance schedule is
 going to extend over a long period of time, it is generally preferable to have the schedule
 entered as a court order which can be enforced through contempt of court procedures.

       Whether enforcement is  sought  through administrative or court actions, it is
 important to recognize that inspectors are one of the most important  elements in the
 enforcement process, since they are the usual individuals on the scene. Any sample they
 collect or any violation they observe may be used as evidence in a hearing or in court.

       Adjudicatory hearings can also  be used prior to the issuance  of  construction
permits.  At  these hearings, the applicant  would have the burden of  proof to
demonstrate that all of the applicable permit requirements will be met.  This will be
particularly necessary in areas where the air quality increment will be consumed totally
or in large part by a single source. The hearing format gives  the staff of the control
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agency and the general public an opportunity to fully examine all aspects of the permit
issuance. The CAA recognizes this in requiring a public hearing prior to the issuance of
a PSD construction permit under Section 165.
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References


Gruber, C.W., and P.M. Giblin, "Air Pollution Field Enforcement: Student Manual",
      EPA 450/2-80-075, March 1980.
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                             Chapters
                 Litigation Procedures
Goal
The purpose of this lesson is to describe the important aspects of the legal enforcement
processes and the involvement of the inspector in such cases.

Objectives
At the end of this lesson, the student should be able to:
      1.    Differentiate between civil and criminal litigation.
      2.    Define pre-trial discovery.
      3.    Define deposition.
      4.    Define interrogatory and tell when it comes into play.
      5.    Identify the principal rules of evidence.
      6.    Explain the basis for testifying as an expert witness.
      7.    State at least ten Do's and Don'ts for a witness when  giving
           testimony.
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 Introduction
       This chapter summarizes the basic rules of evidence and procedures for trial, with
 particular emphasis on the role of a witness.

 Types of Litigation
       Section 113 of the Clean Air Act allows EPA to file civil or criminal  actions
 against persons who commit certain air pollution violations.  Most state air  control
 statutes allow only civil actions, and most local ordinances are only enforceable through
 criminal misdemeanor actions. Civil and criminal enforcement actions serve different
 functions and have different advantages and disadvantages.

 Civil Actions
       This type of action results in the levying of civil penalties and injunctive relief.
 Statutes generally provide for penalties of $50 to $1,000 per violation and in some cases,
 as high as $25,000 per day. Even though this  may seem a tremendous deterrent to
 polluters, there are situations  where it could be cheaper for a violator to pay these
 penalties rather than to comply.

       One of the most effective air pollution control remedies is an injunction, where a
 court orders a source to take certain corrective steps within a given time schedule and to
 be in final compliance by a certain date. If the source does  not comply with the court
 order, it can be held in contempt of court. A pjoJulMtgry injunction can be used  to shut
 down a facility. Such a drastic measure is seldom used and most control agencies prefer
 to seek mandatpjyjnjujictions which set out a timetable for compliance.

 Criminal Actions
       Most local government prosecutions  in  municipal court  involve criminal
 misdemeanor actions.  These are not as well suited  for the prosecution of on-going
 continuous violations because the fines for misdemeanors  are generally set so low that a
 violator could simply pay a fine and continue to pollute.

       In  the  criminal  area, courts must be stricter in requiring that a control  agency
 scrupulously observe the constitutional rights of the defendant. In addition, in a criminal
 case the control agency must prove the violations "beyond a reasonable doubt" rather
 than simply by "a preponderance of the evidence" as in civil cases. Furthermore,  when a
 criminal action is brought against a corporation, the possibility of jailing a lower echelon
employee may not be a sufficiently stringent deterrent.  Since most of the litigation in
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which inspectors will be involved is  civil, the discussion of litigation procedures will
center on civil actions.

Pre-trial Discovery
       The key to success in any type of litigation is preparation. Contrary to some of
the popular television shows, there are rarely opportunities to drop bombshells in the
courtroom, since under federal and state rules of procedure there is ample opportunity
for both sides to discover the evidence which the other side will present in court.  In
addition, under the Freedom of Information Act and Open Records Acts, control agency
records are subject to full disclosure, even without discovery procedures.

Deposition
       A  deposition involves the oral questioning of a witness who is under oath. The
testimony is not taken in open court, but it is reduced to writing and can be used at the
time of trial. Attorneys representing all parties in the litigation are given an opportunity
to be present and ask questions.   Objections to questions  can be made by opposing
attorneys, but rulings by the presiding judge are made only if or when the deposition is
offered for introduction into court proceedings. In general, any prospective witness can
be deposed. Depositions serve a number of functions:
       a.     A general fishing expedition to try to  determine what a witness
             knows or will testify to.
       b.     To perpetuate the testimony of a witness who will not be available
             at the time of the trial.
       c.     To later impeach a witness if their trial testimony is different from
             testimony in depositions.

Interrogatories
       Interrogatories are a set of  written questions  to be answered by a prospective
witness in a lawsuit. While interrogatories are cheaper than depositions, since no court
reporter is needed and attorneys do not all have to gather for the asking of questions,
they do not provide the flexibility of  a deposition.  For example, in a deposition, if a
witness' answer opens up another area of information, the questioner can immediately
proceed to explore this. This is, of course, not possible with interrogatories. Also, when
a person is responding to written questions, there is more time to consider the response
and give only as much information as is absolutely required.
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 Principal Rules of Evidence
       The rules of evidence form the basis on which a  trial is conducted.  They
 determine whether certain testimony is admissible, and they are designed to ensure that
 a decision is based on proper facts.

 Hearsay Rule
       The hearsay rule prohibits testifying to statements made out of court because
 such statements were not made under oath, there is no chance for cross-examination,
 and there is no opportunity to observe the demeanor of  the person(s) making the
 statements.  One exception to this rule is the declaration of a party to the suit, if the
 declarations are against the party's interest, e.g., a plant owner states, "I know my factory
 is violating the regulations, but I'm not going to do  anything about it".  Another
 exception is for business records, if they are made during the regular course of business,
 at or near the time of the event in question and the person testifying has personal
 knowledge of how records are kept. Also, expert witnesses may testify to hearsay within
 their area of expertise.  For example, a doctor may testify to a review of the literature
 regarding the topic in question.

 Best Evidence Rule
       Evidence presented must be in the best form for proving the facts in  question.
 For example, the letter itself is the best evidence of what was stated in a letter, rather
 than a witness' recollection of the contents of the letter.

 Leading A Witness
       Counsel may not lead witnesses or ask questions which suggest the answers. This
 prohibition does  not apply to witnesses being cross-examined or to expert witnesses at
 any time.

 Do's and Don'ts for Witness
 1.    Listen attentively to each question.
 2.    Think before  responding (your attorney may use this opportunity to raise valid
      objections).
 3.    Speak slowly and distinctly, both on the witness stand and in a deposition.
 4.    Answer questions directly.
5.    Avoid extended qualifications or explanations.
6.    Do not be verbose. Answers should be as brief as is necessary.
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7.     Do not interpret facts unless called upon to do so' as an expert witness.
8.     Stick to the facts.
9.     Be honest; do not stretch the facts.
10.   Never guess when answering a question. If you don't know the answer, say so.
11.   Never hesitate to frankly admit that you don't remember certain physical facts.
12.   Never memorize a story.
13.   Do not read directly from notes,  although notes may be used to refresh your
      memory.
14.   Beware of questions that seek to force a yes or no answer.
15.   Refuse to be ashamed or startled into giving an answer you didn't intend to give.
16.   Never argue with opposing counsel (or the judge).
Informal Conferences Off-the-Record or In-Chambers
      The judge or the attorneys representing the parties may request that certain
discussions be off-the-record, which means the discussion will not be a part of the official
court record. The judge may end  formal proceedings  in the court room and continue
discussions in-chambers or call  in-chambers  meetings for  discussion of  possible
compromises on the  issues or  negotiations  among or between  the  parties.   Such
chambers conferences may or may not result in further proceedings in open court and on
the record.  Witnesses may or may not be  asked to participate in proceedings in-
chambers, as the judge specifies.  Many enforcement actions are resolved in Agreed
Judgments without going to actual trial.
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References


Gruber, C.W., and P.M. Giblin, "Air Pollution Field Enforcement: Student Manual",
      EPA 450/2-80-075, March 1980.
                                   8-6

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                            Chapter 9
               Courtroom Procedures
Goal
The purpose of this lesson is to demonstrate courtroom procedure by viewing and
discussing the video, "Role of the Witness".

Objectives
At the end of this lesson, the student should be able to:
     1.    Distinguish between effective and ineffective court demeanor.
     2.    Identify effective use of photographs, maps and charts in giving
           testimony.
     3.    React effectively to questioning under cross-examination.
     4.    Present effective testimony when called upon to do so.
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 Introduction
 In a court proceeding, a witness is presented to the Court by one of the parties to the
 litigation, i.e., the witness supports the claim of either the plaintiff or  the defendant.
 Responses to questioning by the attorney representing the party on whose behalf the
 witness is testifying is  termed direct testimony. After the direct testimony is presented,
 attorneys representing the opposing party may then cross-examine the witness. When
 cross-examination is completed, the original offerer may ask questions that  relate to
 answers given by the witness  during  cross-examination.   This is termed  re-direct
 testimony.

 The Role of the Witness
       The  purpose  of  the video, "The Role  of the  Witness",  is  to  provide a
 demonstration of courtroom procedures, with particular emphasis on the testimony of
 an agency inspector. The video was prepared by the University of Kansas, and presents
 a case  involving enforcement of the requirements for asbestos abatement.   Students
 have an opportunity to observe cross-examination techniques and to see the applicability
 of the rules of evidence in the context of particular testimony. The importance of cross-
 examination is vividly demonstrated.

       The fundamental benefit to be derived from the video is the  portrayal of the
 professional and impartial demeanor of the witness. The inspector does an excellent job
 of showing how effective calm and unbiased testimony can be.

 Vocabulary of the Courtroom
       Certain expressions used in the  courtroom may be puzzling to persons  not
 familiar with them. Judges are rarely addressed by name; instead, whether there is one
judge (as in a trial court) or several (as in an appellate court), judges are referred to as
 "the Court" or "this Court".  Attorneys rarely use personal pronouns referring to the
 court-you, yours, he,  his,  her, hers, etc.  Instead, for example, a lawyer will begin a
presentation to the judge with the expression, "May it please the court,  ...". A witness
should not let this unique language be confusing.

      The statement that a Court can "consider the equities" in a proceeding before it,
means that a Court, in  either a contest or an agreed judgment, may extend deadlines and
compliance schedules  beyond those prescribed by statute.  Similarly, the Court may
assess or apprise a penalty less than the stated maximum.
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References
Gruber, C.W., and P.M. Giblin, "Air Pollution Field Enforcement: Student Manual",
      EPA 450/2-80-075, March 1980.
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                            Chapter 10
      Overview of Federal Enforcement

Goal
The purpose of this lesson is to present the Federal enforcement options under the
Clean Air Act and to show how this enforcement interacts with state and local  air
pollution enforcement.

Objectives
At the end of this lesson, the student should be able to:
      1.    Compare the enforcement responsibilities of EPA with that of
           state and local agencies.
      2.    Name the sections of the CAA which pertain to EPA enforcement
           responsibilities.
      3.    Explain how EPA discretionary enforcement power was limited by
           the 1977 amendments.
      4.    Define two sources of information that trigger a Section 113 action.
      5.    Name four conditions which must be  met before a Delayed
           Compliance Order can be issued.
      6.    Explain the various steps required to process and review a Section
           113 action.
      7.    State which Federal agency represents EPA in litigation matters.
      8.    Name the three types of penalties provided by the CAA.
      9.    State the percent of sources audited by the Federal enforcement
           program.
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Introduction
      This lesson will be concerned with the enforcement options available to EPA in
carrying out the provisions of the Clean Air Act.

Interface with State and Local Enforcement
      The CAA as written in 1970 and retained in the 1977 amendments states that "the
prevention and control for air pollution  at its source is the primary responsibility of
States and local governments". However, in the 1977 amendments Congress gave the
Federal government rather specific directions on enforcement which seem to modify
somewhat the term "primary responsibility."  For example,  the states may exercise
discretion in choosing an enforcement route, whereas EPA is required to initiate legal
proceedings against any major source in violation of a State Implementation Plan, and
EPA may name the State as  a defendant in such a complaint.  Note that EPA may
decide not to initiate an  enforcement action.   An effective enforcement program
depends upon a demonstrated "will to enforce" by the regulatory agency, whether local,
state or federal. Regulated emitters will  not always comply if they believe there is no
effective enforcement.

      Fundamentally, EPA's  enforcement  strategy is  directed to the  health related
provisions of the SIPs, i.e., to those provisions which seek to attain the primary NAAQS.
Regulations which deal with welfare and nuisance are not presently subject to Federal
enforcement.  Therefore, enforcement of a SIP can be through the unilateral action of
the state, by EPA together with the state or unilaterally by EPA.

Provisions of the CAA which Pertain to Federal Enforcement
      The provisions of the  CAA which establish  the Federal enforcement program
are:
      •  Section 113-requires legal enforcement where major stationary sources
         are in violations of a SIP.
      •  Section 114—aids enforcement by providing access to records, requiring
         continuous monitoring, requiring data reporting, and providing right of
         entry.
      •  Part  C (Section  160 et jeg.)~deals with prevention of  significant
         deterioration  and   establishing  Federal  requirements  for   pre-
         construction permits.
      •  Part D (Section 171 et je^.)~requires SIP revisions in nonattainment
         areas.
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This chapter will be mainly concerned with Section 113 procedures.


Clean Air Act Enforcement


Enforcement Prior to the 1977 amendments

       In general, enforcement consisted of negotiations with violators and issuance of

administrative orders under Section 113, with extended schedules for compliance. EPA

could institute civil actions for an injunction against further violations or it could seek

criminal penalties where it possessed appropriate evidence to meet the burden of proof.


Congressional Concerns with the 1970 Law

       The 1970 CAA had no provision for public participation in  the administrative

enforcement process.   In addition, there were  no standards for the  issuance  of

administrative orders  under Section 113.  Also, Congress wanted to force technology

development on industry through new amendments.

Clean Air Act Amendments of 1977
       The 1977 amendments drastically changed the nature and  scope of Federal

enforcement actions:

       a.     The enforcement discretion was restricted and EPA is  required to
             sue any major stationary source still in violation of a SIP more than
             thirty days after the Administrator notified the  source of said
             violation.  A copy of the notice  of violation is sent to  the state
             involved to afford  the state an opportunity to take enforcement
             action within the thirty-day period.

       b.     All  existing  state  and  Federal consent  orders and  decrees
             inconsistent with Section 113(d) of the Act, and in existence at the
             time of the Amendments, were voided by Section 113(d)(12).

       c.     Availability of administrative orders for compliance is limited to:

             1.     Section 113(a) orders.  Prior to the 1977 amendments,
                   orders were issued with extended compliance schedules.
                   They are now to be  issued only to require  immediate
                   compliance,  which  EPA  has  interpreted   to   mean
                   compliance within thirty days.

             2.     Section 113(d) orders.  Known  as a Delayed Compliance
                   Order (DCO), they  may be issued  by  a state, or by the
                   Administrator after giving thirty days notice to the state. A
                   valid Section 113(d)  order effectively insulates the holder
                   from Federal enforcement under the CAA and from citizen
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                   suites pursuant to Section 304 of the Act.  The following
                   requirements, among others must be met:

                   •  Before a DCO may be issued, there must be notice to the
                      public and the opportunity for public hearing.

                   •  Once issued, the DCO becomes a part of the applicable
                      SIP.

                   •  The DCO, in addition to containing the final compliance
                      deadline, must require an interim compliance schedule
                      containing increments of progress.

                   •  The  DCO  must require  emission  monitoring  and
                      reporting by the source.

                   •  The final compliance date can not be later than July 1,
                      1979, or three years  after the date for final compliance
                      specified in the SIP (except for a Section 113(d)(4) order,
                      which may allow a greater time for compliance).

             3.    Special types of Section  113 orders include:

                   •  Shutdown orders with no interim schedule of compliance.
                      The source could operate until July 1, 1979, provided a
                      bond had been posted equal to the cost of compliance
                      and any economic benefit which may accrue to the source
                      owner by failure to comply.

                   •  Innovative technology.   Under Section 113(d)(4),  if a
                      source is determined to be utilizing innovative technology
                      to conform with an emission limitation, it has five years
                      after the effective date of  the emission limitation to
                      comply.    Innovative  technology must result  in a
                      substantial likelihood of achieving greater continuous
                      emission  reduction  or  achieving  equivalent reduction
                      with lower energy cost than would otherwise be achieved.

                   •  Conversion to coal from gas or oil  Section 113(d)(5) gave
                      sources converting to coal until December 31, 1980, to
                      comply with the applicable SIP.


Processing Section 113 Enforcement Actions

      The procedural process of a Section 113 notice begins when a violation at  a major

source becomes evident to EPA Regular reports on compliance status are made by the

states to EPA regional offices.  These reports are monitored and those which  show

violations are singled out for action. EPA also triggers Section  113 notices from the

results of field inspections by its own personnel. Notification  of violation is sent to the

source owner either by letter or in the form of a legal document.
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       The next step is usually an informal conference requested by the legal counsel for
the source owner (although EPA is not legally required to so confer).  This is not an
adjudication or formal hearing, but it has an air of formality as it is typically held in a
public building with a stenographer present. The state agency is invited and is  often
represented by a senior enforcement official or the inspector responsible for the source.
EPA will want to know the state's position with respect to the violation and will utilize
state reports and other documents containing evidence in reaching its conclusions.

       As a result of the conference, an order is produced that compliance be achieved
by the source within thirty days. The order states what the source owner must do within
the thirty days; and, if it is not done, the source owner is in violation of the law. If  a suit
is later instituted, it may be based on failure to comply with a lawful order of EPA and
violation of the SIP.

       It does not always follow that the informal conference produces an EPA order. If
it becomes apparent that the state will take action, the Federal order may be delayed or
not drawn at all. For EPA to pursue a case into court:
       • A litigation report must be prepared containing a persuasive statement
         of the facts and the law in support of litigation.
       • The report is reviewed by EPA Washington legal staff.
       • The consistency of the litigation with regard to EPA enforcement policy
         is reviewed.
       • The report is then sent to the Department of Justice. If the Justice
         Department staff approves, it goes to the Assistant Attorney General
         for signing.
       • If it is signed, the matter is sent to the U.S. Attorney General for action.
       • During the time the EPA and Justice Department are conducting their
         reviews, the case could be stopped if the state takes action to prosecute
         the violator and EPA determines that the action is adequate.

Note that  Court proceedings are initiated only when the Justice Department agrees to
do so.  A decision not to proceed  is within the Attorney  General's prosecutorial
discretion.
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Penalties

Criminal
      The criminal penalty for knowingly causing a violation is up to $25,000 per day of
violation or up to one year imprisonment or both.
 ;IVH
      The statutory maximum civil penalty is $25,000 per source per day of violation
after August 7,1977.

Section 120 Administrative Penalties
      EPA or the state may assess a noncompliance penalty against a major source
after July 1, 1979. The amount of the penalty can be no less than the economic value
which a delay in compliance  beyond July  1, 1979, may have for  the source owner.
Section 120 penalties are appealable to the U.S. Court of Appeals.

Audit by EPA of State Source Inspection
      It is the general policy of EPA to make an annual audit of ten percent of a state's
major sources. The methods for conducting the audit differ between regional offices. In
some cases, states are advised in advance and actually make the inspection in the
company of an EPA  inspector.  In other cases, EPA conducts the source inspection
independent of the state, which  sometimes gives rise  to controversy over differing
interpretations of the  SIP. Where personnel are available, audit inspections should be
made jointly by EPA and state or local inspectors.
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References
Gruber, C.W., and P.M. Giblin, "Air Pollution Field Enforcement: Student Manual",
      EPA 450/2-80-075, March 1980.

USEPA,  "Basic Inspector  Training  Course:  Fundamentals   of  Environmental
      Compliance Inspections", Office of Enforcement and Compliance Monitoring,
      February 1989.
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                            Chapter 11
        Handling  Nuisance Complaints
Goal
The purpose of this  lesson  is to introduce the principles of processing nuisance

complaints, with special emphasis on the field investigation process.


Objectives

At the end of this lesson, the student should be able to:

      1.    Identify at least five sources of citizen complaints.

      2.    Identify  the  major information needed when receiving citizen
           nuisance complaints.

      3.    Document the procedure for investigation and case development
           of public nuisance complaint.

      4.    State various techniques for getting action from responsible parties
           in abating the source of the complaint.

      5.    Identify  techniques  for evaluating  complaint  conditions by
           measuring the effect.

      6.    Differentiate between a public and private nuisance.
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Introduction
       Responding to citizen complaints is  an important task for  the  air pollution
inspector.   It can often  be quite time consuming, with  great  difficulties in legal
prosecution should that be necessary to secure abatement.

Public Nuisance, Legal Aspects
       The inherent responsibility for enforcement against public nuisance begins with
state and local statues. A typical regulation might read:
       "...No person shall discharge from any source whatsoever such quantity of
       air contaminants or other material which cause injury, detriment, nuisance
       or annoyance to any considerable number of persons or to the public..."

       The intent here is quite clear: no one should cause a public nuisance. However,
the use of the phrase "cause ...  annoyance to any considerable number of persons" to
characterize the  significance of  the  event  is vague and may cause  problems in
enforcement of this regulation. Some agencies have suggested ten separate households
as a rule of thumb for defining "considerable number" and then proceed with less if the
situation is very bad, or require more if the nuisance is marginal.

       An emission that  affects only one person is a private nuisance and is not subject
to prosecution under the above quoted statute. However, the agency has a responsibility
to respond to  all  nuisance complaints, including those from a single complainant, and
every attempt  should be made to alleviate the nuisance situation.  A single individual
who suffers a  nuisance  is free to take legal action  against the suspected source for
damages or injunction.  In such an action, the inspector may be called as a witness to
testify to the extent or effect of the nuisance.  A public nuisance is one which affects an
indefinite number of persons in a community.

Causes  of Nuisance Complaints
      Nuisance complaints are typically triggered by one or more of the following:
       • Offensive odors.
       • A specific violation, most probably opacity.
       • Large particle  fallout-easily visible on porches,  lawn furniture,  and
        plants, etc., but difficult to identify the source.
      • Fugitive dust from construction or demolition activities.
      • Plant or material damage.

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       •  Fugitive dust from an industrial source.
       •  Episodal releases potentially affecting public health.
       •  Open burning.
       •  General conditions such as "The air is awful today", "My eyes burn and
         my throat is sore", "The cat's hair fell out", etc.

 Receiving a Complaint
       A nuisance complaint can be transmitted to the agency by telephone, facsimile,
 letter, personal visit or by referral from a central governmental reporting agency.  Most
 complaints are phoned in to a receiving clerk, who should be trained and experienced in
 processing such calls. Often the caller is irritated and emotional, rather than factual.
 Under such circumstances, the caller should be allowed to talk  themselves out before
 being questioned for the facts needed to properly dispatch an inspector.
       Each agency usually employs its own complaint form to log information received
 from the caller. Typical questions include:
       •  What is your full name, address and phone number?
       •  What is the condition being complained of?
       •  Where do you think it is coming from?
       •  Is it going on now?
       •  When did it start?
       •  Have there been other occurrences? Get specific dates and times.
       •  Is anyone there sick?
       •  Are other people bothered?
       •  Listen for other specific data related to the event.
The complaint form should also include space for the date, time and name of the person
taking the complaint and the time the inspector is dispatched.
      After the message log is completed, a complaint number  is usually assigned, the
time is stamped on the log and an inspector  is sent to the scene. Complaints should be
investigated as speedily as possible to improve the chances that the reported source may
be reached while the violation or nuisance is still in progress.
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 Complaint Investigation
       If the reported source of a complaint  is in an inspector's district, much may
 already be known about the situation. Regardless, before departing on any complaint
 investigation, the inspector should take a few minutes to check the source's file to obtain
 the most recent history, if possible.

       Upon arrival in the vicinity of the complainant, the inspector may decide to first
 observe the alleged source to determine if a violation is currently occurring.  This
 approach is most effective when the source is definitely known  and the events  are
 recurring. If a violation is observed, the inspector may elect to serve a notice of violation
 or, if the cause of the complaint is easily corrected, secure a remedy to the situation.

       If the cause of the complaint or the details  of the event are uncertain,  the
 inspector may  decide to  visit the complainant first.  The advantage of the former
 approach is that, by the time the complainant  is visited, the inspector may be able to
 report what actions have been taken to alleviate the problem.

 Complainant Interview
       The inspector should make every effort possible to avoid obvious identification of
 the complainant. Particular care should be taken not to park an official vehicle too close
 to the complainant's residence, should the  complainant and the source be near each
 other. The identities of all complainants should be considered confidential and should
 not be disclosed to anyone not an employee of the enforcement agency.

       If the complainant is not at home, the inspector should leave a message. If the
 complainant is at home, the inspector should provide identification and proceed with the
 interview. The inspector should be friendly but dispassionate, employing a non-direct
 technique that allows the complainant to vent frustration and anger over the matter so
 that the facts of the situation  can be calmly discussed.  It is best  if the inspector  not
interrupt while  permitting the  complainant to speak their  mind.  However, it is
particularly effective  if, when  facts appear, the inspector repeats them  aloud  for
verification and then writes them down.

      After the concerns of the complainant have been expressed, the inspector should
proceed on a line of questioning that will determine both the cause of the complaint and
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the nature and source of the air pollution problem. This line of questioning is primarily
intended to complete and verify the data supplied by the complainant.
       The cause of a complaint may not always involve air pollution.  Although most
complaints are justified, some will concern problems over which the agency has no
control and in which air pollution may play little or no role. These situations include
backyard feuds, natural contaminants, resentment towards a nearby company or low
concentrations of contaminants that affect particularly sensitive individuals. Although
the inspector may have no legal powers in such  cases,  the  complaint should be
investigated to determine if an air pollution problem exists.
       In conducting a complaint investigation, the information given over the phone is
checked and enlarged to include the following:
       •  Name and location of source complained about.
       •  Frequency of occurrence.
       •  Time of day nuisance was first noticed.
       •  Duration of nuisance during each occurrence.
       •  Names and addresses of persons affected.
       •  Location and extent of property damage, if any.
       •  Description and frequency of any illness alleged to have resulted from
         air contaminants.
       •  Description of odors or other pollutants that may be involved.
       •  Any other information  the complainant may have that will relate the
         nuisance to a specific source.
       In an air pollution situation that appears to involve exposure to potentially toxic
compounds, the inspector should record all observed or reported symptoms, such as:
             nausea                             eye tearing
             vomiting                           soreness of throat
             headache                           nasal discharge
             eye irritation                        turning blue
             fever                               cough
             constriction of chest                 difficulty breathing
The inspector may also wish to notify the enforcement agency so that a sampling vehicle
can be dispatched to the scene to measure concentrations.  If symptoms appear serious,
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 a physician and the health authorities should be contacted. It should be noted that only
 a physician can make a diagnosis. However, the inspector may wish to record the name
 of the physician, the diagnosis and the treatment prescribed. This information may be
 important if a public nuisance action should be initiated.

       While interviewing complainants, the inspector should not promise legal action
 nor commit the agency to any course of action.  Instead, the laws involved and the
 evidence required to instigate legal proceedings should be explained to the complainant,
 noting that cooperation on the part of those who may be responsible will be sought first.

       If odors, soiling or other property effects  are involved, the inspector should
 examine the pattern of fallout or effects for any indication of the direction of the source.
 If possible, the  wind direction should be determined to aid in tracing the contaminant.

       As a rule, inspectors should not  solicit opinions regarding the behavior of any
 source, and should instead confine themselves to those persons volunteering complaints.
 If the situation is widespread, neighborhood activists will usually canvass the area and
 organize the complainants.  The inspector then interviews those individuals that come
 forward.  Canvassing of the neighborhood by an agency inspector could be construed in
 a court of law as being prejudicial to the source.

       The inspector should evaluate the consistency, correspondence and intensity of
 remarks made by various witnesses and  attempt  to  find some degree of unanimity
 regarding the  objectionability of the problem among  those  who might be  equally
 affected.  Diverse opinions and inconsistencies are the first signs that a public nuisance
 case may not be easily developed.

 Inspection of the Source
       From the facts gathered  so far, the inspector  may know the type or even the
 specific source responsible, especially if the contaminants have been identified and
 definite evidence of damage or detected odors on the complainant's property have been
 observed. In other cases, the identity of the contaminants may  be known, but not their
 source of origin. In still other cases, the contaminants and the source may be completely
 unknown.

       To establish  a public nuisance, a source within a  certain facility responsible for
the offending emission must be proved.  In some  cases, the equipment involved may be
obvious. In others, especially in a plant containing many pieces of equipment, the source
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may be difficult to locate.  In this latter instance, each piece of equipment must be
inspected in detail. Those which do not contribute to the problem are eliminated from
consideration.

       Quite often the complaint or  nuisance  involves the violation of regulations
limiting the emission of a specific contaminant, the operation of unpermitted equipment,
or the  operation  of permitted  equipment contrary to permit conditions.  In these
instances, the action to be taken is indicated by the nature of the regulation violated. If,
however, the nuisance is a result of quantities of contaminants which are allowed by the
regulations, a public nuisance will have to be proven.

       When an inspector visits a source in response to a complaint, the reason for the
investigation is usually stated, unless, in the individual instance, it should be strategic not
to do so. If the purpose is acknowledged, the inspector may also wish to explain that
determining whether the complaint is justified is part of the investigation.  This  gives
management the opportunity to state its case, since it knows that the inspector is not yet
committed to any action.

       As with the complainant, the inspector is courteous and attentive and takes notes.
Using information acquired from the complainants, questions  are developed  and
structured to  provide a clear indication of the  events involved.  The source is then
inspected, and actual operating conditions, cycles and times of operation are compared
with the times and frequencies of the complaints.

Resolution  of the Nuisance
       Because the inspector is an indifferent observer between two parties in conflict,
there is a natural tendency to act as mediator and attempt to find  a solution to the
problem that will satisfy the complainant, the source and the law. This is noble work;
however, in such situations, the inspector must be careful not to incur liability, either
individually or as a representative of the agency, for a failed  strategy.

       After the  problem is identified  and the  specific source is isolated,  means of
abatement may then be determined. If the problem was a single occurrence, it probably
was not anticipated and was perhaps caused by a breakdown, a fire, a power shortage or
some other situation equally unforeseen. The chances of this same incident happening
again are slim, preventative action is unlikely,  and corrective measures  unnecessary,
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except to repair or compensate for damages.  Where the problem is operator error, it
becomes the company's responsibility to ensure that personnel are adequately trained.

       When the problem is continuing or recurrent, it becomes critical to eliminate the
cause. Occasionally, an improved regular maintenance program will abate the problem,
either by reducing the likelihood of a breakdown or by preventing a situation causing
emissions.  Sometimes the problem can be solved by altering the operation or process
somewhat, without actually altering  the equipment.  This may involve changes in the
processing rate, changes in operating conditions  or changes in the materials being
processed. Relocation of equipment within the plant may also solve the problem.

       Ideally, when equipment is first put into operation, those operating conditions
which could cause a public nuisance should be anticipated. Restrictions can then be
placed on  the permit to limit operations to those conditions which will not cause a
nuisance.

       The most common solution involves either replacing the processing  equipment
with a less polluting system or installing downstream control equipment.  Afterburners,
adsorbers, absorbers and condensers have all been used successfully to remove VOCs,
toxic compounds and odors from gas streams; and cyclones, fabric filters, electrostatic
precipitators and scrubbers have been effective with paniculate matter.

Enforcement
       The most difficult type of air pollution case is the  public nuisance.  A  public
nuisance frequently occurs when a number of persons are annoyed by a quantity of
contaminants that is otherwise allowed. One problem arising in cases of this sort is to
determine whether, indeed, the nuisance is public.  If a private dispute is involved, then
the citizen must initiate  legal action.   A public nuisance, however, involving a
"considerable number of persons" or a reasonable  cross-section of the  immediate
community affected, is handled as an agency enforcement action.
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References
Gruber, C.W., and P.M. Giblin, "Air Pollution Field Enforcement: Student Manual",
      EPA 450/2-80-075, March 1980.

USEPA,  "Basic  Inspector  Training  Course:  Fundamentals  of  Environmental
      Compliance Inspections", Office of Enforcement and Compliance Monitoring,
      February 1989.
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                            Chapter 12
        Odor Detection and  Evaluation

Goal
The purpose of this lesson is to introduce the principles of odor detection and evaluation.
Objectives

At the end of this lesson, the student should be able to:

      1. Define odor and odorant.
      2. Identify the characteristics of odor perception.
      3. State the four odor parameters.

      4. Name which parameter is used in odor regulations.
      5. Explain why odor measurement by instruments is difficult.
      6. Define odor unit.
      7. Name three instruments which aid odor threshold measurement.

      8. Identify the characteristics of odor transport from source to receptor.

      9. Explain a means of tracing an odor source.
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 Introduction
       Odors that result from one chemical compound can be regulated in much the same
 manner as that employed for a criteria pollutant, i.e., set an air quality standard and regulate
 emissions to achieve it. However, odors generally result from a combination of compounds,
 sometimes in large numbers.  In this  situation, enforcement as  a public nuisance is  the
 approach typically followed.  One problem  complicating enforcement is that there  are
 essentially no reliable, objective methods for field identification of specific compounds and
 conditions causing odors or for  quantifying the concentration of odorants in the ambient
 environment. Nevertheless, an inspector trained in odor evaluation should:

       a.    have knowledge of the sources which produce odors and the physical
             conditions that affect odor potential.

       b.    be able to identify  odors in the field.

       c.    have knowledge of the conditions that affect odor perception and of
             scientific techniques used in odor evaluation.

       d.    be able to objectively evaluate his or her own perception and level of
             odor sensitivity in  relation to complainants and the general population.

 This chapter will provide an introduction to these topics.
 Characteristics of Odors and Odorants
       A major difficulty in dealing with odors as an air pollution problem arises from the
 fact that an odor is not actually an air contaminant but rather a property of air contaminants
 which can only be detected or measured through its effects on the human organism.  Briefly,
 an odor  is that property of a substance which affects the sense of smell.  A contaminant
 which has an odor is called an odorant.

       The capacity in humans to perceive odors varies considerably among individuals and
 in one individual from time to time.  Some persons ("anosmiacs")  are very insensitive  to
 odors, while others may be acutely sensitive to odors unnoticed  by most people.  This
 variability of individual sensitivity complicates the problem of estimating the prevalence  of
 an odor nuisance.

       The air pollution inspector is primarily interested in establishing the existence of an
odor problem according to some legal criteria, e.g., a problem which constitutes a nuisance
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to a considerable number of persons over a continuing or significant period of time.  In such
situations, the inspector is concerned with identifying the odor, rating the  odor's intensity,
identifying the odorant, establishing the frequency of the nuisance, locating the "odor route",
locating the source of the odorant, and influencing some operational or engineering control
over the odorant
Odor Perception
       There  are a few characteristics of odor perception which the  inspector should be
familiar with in determining whether an odor problem exists.  These are as follows:

       a.     The olfactory sense becomes fatigued after continuous exposure to an
              odorant.

       b.     An odor  is  usually detected  whenever there  has been  significant
              change in odor quality or intensity. When increased in intensity, even
              a pleasant odor can become objectionable to one who has  become used
              to it under continuous exposure.

       c.     Odors do not, in themselves,  cause  physical disease.  The odor of
              many toxic materials (e.g., chlorine, sulfur dioxide, hydrogen sulfide)
              may serve as a warning, however.  Odors may bring on nausea and
              have an adverse effect on asthmatics.

       d.     A person's ability to perceive odors varies from day to day.

       e.     Compounds of different constitution may yield similar odors.whereas
              compounds of very similar constitution may yield different odors.

       f.      An unfamiliar odor is more likely to cause complaints than a familiar
              one.

       g.     The  perception  of  odor level  decreases  with  increasing humidity.
              High humidity, however, tends to concentrate odors in a given area.

       h.     Odor quality may change upon dilution.

       i.      Some persons can detect certain odor qualities but not others.
Odor Parameters
       In investigating odor complaints to establish the existence of a nuisance, the inspector
should attempt to identify the odorant, describe the odor and establish its objectionability,
                                         12-3

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and provide some indication as to its severity. The following set of parameters is useful in
such an evaluation:

       •Quality

       •Intensity

       •Acceptability

       •Pervasiveness

Although developed primarily for experimental use, these parameters are  also useful for
characterizing odors in the field.  To facilitate enforcement, it is useful for the agency to
have a single system for classifying odors. This is useful for inspectors analyzing the various
component sensations which  odors may produce and may also be useful in interpreting
complainant comments if they are forced to chose descriptors from the same system. For
field purposes, one  system is as good as  another.  The advantage of all systems is  that they
yield a useable odor vocabulary.

Quality
       The quality of an odor may be described either in terms of association with a familiar
odorant, such as  coffee or onions (characteristic  odors), or by associating a familiar odor
with an  unfamiliar odorant.   Aside from direct  descriptive terms, the observer  may add
modifiers to the description to indicate shades or overtones of an odor. These may actually
include subjective reactions such as "fragrant", "foul" and "nauseating", or characteristics of
odor which may be associated with the sense of taste, such as "bitter", "sweet", "sour" and
"burnt", or even partially  with the sense  of touch, such as "pungent", "acrid",  "acidic" and
"stinging". A useful rating system for characterizing odor quality is as follows:

       a.      Spicy:  Conspicuous in cloves, cinnamon, nutmeg, etc.

       b.      Flowery: Conspicuous in heliotrope, jasmine, etc.

      c.      Fruity: Conspicuous in apple, orange oil, vinegar,  etc.

      d.      Resinous: Conspicuous in  coniferous oils and turpentine.

      e.      Foul: Conspicuous in hydrogen sulfide and products of decay.

      f.      Burnt:  Conspicuous in tarry and scorched substances.
                                         12-4

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Intensity
       Intensity is the indication of the strength of an odor.  The average observer can be
expected to distinguish three levels of intensity, characterized as weak, medium and strong.
A more useful odor intensity rating system is as follows:

       a.     No detectable odor.

       b.     Odor barely detectable.

       c.     Odor distinct and definite; any unpleasant characteristics recognizable.

       d.     Odor strong enough to cause attempts at avoidance.

       e.     Odor overpowering; intolerable for any appreciable time.

This  system depends on observation and  reporting of behavior, more  that on subjective
impressions of the complainant. The fact that a person desperately attempts to avoid a strong
an  unpleasant odor is  a clear and verifiable  indication of its intensity.  Odor intensities
classified as distinct or stronger may be particularly relevant in establishing the existence of
a legal nuisance.

       On the other hand, scientific purposes require an odor rating system that does not
depend so heavily on the objectionable character of an odor, as follows:

       a.     No odor.

       b.     Very faint.

       c.     Faint.

      •d.     Easily noticeable.

       e.     Strong.

       f.     Very strong.

This  system  has  the   advantage of  distinguishing  the  intensity  parameter from the
acceptability parameter in a more definite manner.
                                          12-5

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 Acceptability
        An odor may be  classified as either acceptable  or unacceptable depending on its
 intensity and quality. Odors normally considered as pleasant, such as flower fragrances and
 perfumes, may become  unacceptable  at  very high concentrations   (i.e.,  at  very high
 intensities).  Obnoxious odors may be unacceptable at much lower concentrations, where
 they are not clearly recognizable.

 Pervasiveness
        The parameter of pervasiveness refers  to the tendency of an odor to resist being
 dissipated by dilution. Precisely speaking, then, pervasiveness is related to the nature of the
 odorant and can only be quantified by dilution experimentation in the laboratory.  In a more
 practical sense, a highly pervasive odor will tend to be detectable over a larger area and for a
 longer period of time and will likely be easier to track than a less pervasive one.


 Determinants of Odor Perception
        Although odor is a property of an odorant, the report of a perceived odor is mediated
 by the nervous system and the brain of the observer.  Therefore, differences in reports of
 odor perceptions may be due partly to differences in the physical conditions of exposure and
 partly to differences in the physiological and psychological status of the observer.  To aid
 interpretation of odor evaluations, the following parameters should be included in an odor
 report:

        •Identity of odorant(s)
        •Concentration(s) of odor(s)
        •Ambient conditions
        •Status of observer

 Techniques for the  quantification and measurement of odors are presented in the following
 section.  The relevance of the  remaining  parameters to problems of odor evaluation are
 discussed in this section.

 Identity of Odorant
       For the skilled observer, odor terminology is meaningless without actual exposure
through odor training.  To be  prepared to make quick and accurate  identifications, the
inspector should be exposed to samples of typical odorants found in local industries.  There
is no substitute for  this training. Verbal descriptions of odors do not implant as vivid an
                                         12-6

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imagery in the mind as do descriptions of visual or auditory phenomena. Properly trained,
the inspector can often identify the cause of an odor problem by his or her own field
investigation, even  when the complainants are uncertain as to the nature or  origin of the
odor. Some common odorants and sources and their usual perceptions are as follows:
                     I      Complaint         Identification    |
                       Rotten eggs          H2S
                       Rotten cabbage       Mercaptan
                       Natural gas          Mercaptan
                       Dead fish            Di-methylamine
                       Outhouse            Amines
                       Rotten odor          Rendering
                       Scorched popcorn    Grain drying
                       Coffee              Coffee roasting
                       Bleach              Chlorine
                       Ammonia            Ammonia
                       Phenol              Phenol

       As stated-earlier, one difficulty that arises in trying to associate particular odorants
 with their odors is that the chemical identities are  not  always known and they frequently
 consist of mixtures of odorants. In some cases, odors caused by mixtures may vary in their
 proportions under different conditions of production; these variations can lead to changes in
 perceived odor quality, but  usually  within some  limited range  which  does  not prevent
 recognition by a trained observer. Recall also that odor quality may change with dilution. In
 mixtures  of odorants this may be  due to a difference  hi pervasiveness  of  the individual
 compounds; however, single odorants sometimes behave  similarly.

 Ambient  Conditions
       Changes in ambient conditions can influence  odor perceptions and should be included
 in an odor report  Increasing humidity decreases perception; however, high humidity  may
 tend to concentrate  odorants in an  area, causing increased levels.   Also, changes in
 atmospheric stability and wind  speed affect dilution  and may  influence the inspector's
 evaluation of odor quality. Finally, the perception of odor intensity is sometimes influenced
 by ambient temperature, with intensity perception decreasing with decreased temperature.

 Status of Observer
       The principal  parameters of observer status which are relevant to odor evaluation are
sensitivity, expertise, and physiological and psychological conditioning.   The sensitivity of
observers  for any given odor varies widely, and the relative  sensitivities of two observers

-------
vary inconsistently for different odors.  Furthermore, independent observers often disagree
substantially regarding odor quality, particularly when evaluating odors of mixed odorants.
For these reasons, statistical evaluations using panels of observers are more likely to provide
reliable results than evaluations by individual observers.

       Expertise can be developed through study and training, although it is necessarily
limited by the physiological  sensitivity of the observer.  With respect  to quality, expertise
consists in the ability to recognize and discriminate between a number of odorants, either
singly or in mixtures. Relative to intensity, expertise permits reliable discrimination between
a large number  of graded levels of intensity.  Thus, a trained person can detect a smaller
percentage difference in concentration levels of a given odorant than an untrained individual.

       One problem of  physiological origin in the evaluation of odors is  fatigue of the
olfactory nerves,  which  tends to diminish the sensitivity  of the  observer.  The effect  is
especially noticeable after prolonged exposure to a rather high  intensity of odor, and may
seriously complicate the conduct and interpretation of odor threshold determinations in the
laboratory.  In  addition, colds and other  infections of the nasopharyngal tract can cause
serious, if temporary, interference with the sense of smell and result in loss of sensitivity to
many  odorants.   For observers in an odor panel,  a preparation of a standard  odor can be
useful in checking on these variations in sensitivity.


Measurement of Odor Intensity
       The odor  threshold concentration  is the  basis for  determining the  intensity of a
perceived odor, although ambient  conditions and observer status may cause appreciable
variations. Odor thresholds for a few compounds are shown below:
Chemical
Acetic acid
Acetone
Tri-methyl amine
Ammonia
Carbon disulfide
Chlorine
Di-phenyl sulfide
Formaldehyde
Methanol
Phenol
Threshold
ppm by volume
1.0
100.0
0.0021
46.8
0.21
0.314
0.0047
1.0
100.0
0.047
Description
Sour
Chemical
Fishy; pungent
Pungent
Vegetable sulfide
Bleach; pungent
Burnt; rubbery
Hay or strawlike
Sweet
Medicinal
                                         12-8

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These data show that the volume of odorant needed to cause threshold levels varies widely.
For example, when ammonia and di-phenyl sulfide samples are each diluted with an equal
volume of air, the volume of ammonia required to reach the odor threshold would be 10,000
times the volume of di-phenyl sulfide required.

       When an odor is caused by a single odorant it is relatively simple, conceptually at
least, to measure the ambient concentration and compare the result to  the published odor
threshold  as an indication of relative intensity.  A similar result can be  obtained for mixed
odorants by obtaining a sample  of odorous atmosphere or exhaust stream and dilute  the
sample  with odor free air until a threshold is determined by a panel of observers or a single
trained  observer. In this manner, a relatively objective value for the "dilution factor" can be
obtained.  Dilution factor is defined as the ratio of the diluted volume at  the threshold to  the
original sample volume.

       For the trained observer, threshold is the point at which the perception of odor just
begins.   When  a panel is  used, threshold is  determined by  plotting,  on  log-probability
coordinates, the percentage  of the panel indicating positive odor responses vs.  the dilution
factor of  the prepared samples presented to the individual panel members. The resulting
curve tends to follow a straight line and the point where the plotted line crosses  the 50%
panel response ordinate is the threshold concentration. The dilution factor at the threshold is
the odor concentration expressed in odor units per cubic foot.  An odor unit is defined as  the
amount of odor needed to contaminate  one cubic foot of odor  free air to the threshold, or
barely perceptible, level.

       Any procedure  which  permits  sampling  of the  odorous  air,  diluting it with a
measured  amount of odor-free air and presenting the  diluted mixture to a panel of observers
or a trained observer is satisfactory for determining dilution factor.  The calculations  are
quite simple:

                                             Sample volume + Odor-free volume
        Odor strength in odor units/cubic foot =          Sample volume

Example:

                              Odorous + Odor-free = Mix

                                5 ml + 95 ml = 100 ml
                                         12-9

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                            95ml      = 20 odor units/ cubic foot
                         ,   1
                         5 ml        5

 If a trained observer judged the above mix to be at threshold, then the original sample would
 have 20 odor units per cubic foot.  If a panel had been used and the 50% response ordinate
 intersected the plotted response line at a dilution factor of 20, then the original sample would
 have an odor concentration of 20 odor units per cubic foot.

        An odor emission rate in odor units per minute can be determined by multiplying the
 dilution factor  times the stack flow rate in cubic feet/minute.  This number could then be
 used in modeling input to evaluate expected ambient concentrations. Areas with predicted
 concentrations above 1 odor unit/cubic foot would be of concern.

 Example:
        A source with an odor concentration of 20 odor units/cubic foot and a flow rate of
 10,000 cubic feet/minute would have an emission rate of:

                   20 odor units   10000 cubic feet _ 200000 odor units
                    cubic foot  x     minute     ~     minute

 Emission inventory information can also be compiled in terms of odor units.

 Sampling for Later Evaluation
        To confirm field estimates of odor intensity or to determine odor removal efficiency
 of control equipment, inspectors may  collect samples of odorous  gases of low moisture
 content using a glass probe connected by a clamped ball and socket joint to  a gas collection
 tube (e.g.,  a 250 ml MSA sample tube) as shown in Figure 12-1.  The odorous gas is drawn
 into the tube by a rubber  squeeze bulb evacuator.  Rubber or  plastic tubing or other
 absorptive  or heat sensitive  materials should not be  used on the probe  side of the sample
 tube.   Sampling problems that must be dealt with include:  (1) condensation and cooling,
 which may result in the selective removal of odorants from the vapor phase; (2) adsorption
 of odorants onto the walls of the container and onto particles in the sample; and (3) chemical
 changes that occur after sampling which may alter the odorant

       For gases with high moisture  content, such as may be found in steam plumes,
precautions are required to prevent condensation of water vapor and possible absorption of

                                        12-10

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odorants into the liquid.  This can be achieved by using a syringe and hypodermic needle to
aspirate a smaller sample into the sample tube, previously filled with odor-free air.  A system
of this sort is also illustrated  in Figure 12-1.  A capillary probe may be used to minimize
error due to dead space in the probe.  A test kit convenient for field use consists of six 250
ml sample tubes, a hand aspirator and several probes of glass  tubing with ball joints  for
attachment to the sample tubes.  A special capillary probe  and syringe with hypodermic
needle for sampling gases of high moisture content may also be included.

Dilution Techniques
       Dilution techniques are applicable  both to the inspector in making field observations
and to the laboratory investigating team in providing for evaluation by odor panels. In field
use, ambient  air may be tested with the aid  of a portable dilution device, such as the
scentometer shown in Figure 12-2. This device is actuated by inhalation of the operator, thus
dispensing with  pumps and the need for electrical power sources.  Holes which can be
opened or closed with the fingers permit precalibrated dilutions of the ambient air stream
with air which is simultaneously deodorized by an activated charcoal filter. A useful feature
is that the observer can combat the effects of olfactory fatigue by breathing only deodorized
air for a period prior to an actual test

       Various  devices,  constructed on similar principles, have been used for dilution of
odorants for laboratory evaluation; however, because of its simplicity, the method of choice
is often  the syringe technique.   The odorous gas is displaced from the sample  tube (for
example, by mercury  displacement)  into a large graduated  syringe, which  is diluted by
addition  of odor-free air.  Further dilutions are easily managed by the use of additional
syringes, as illustrated in Figure 12-3. The last dilution, usually 10 to 1, is performed by the
panelist,  who is furnished with 10 ml of sample injected into a 100 ml syringe. The sample
is diluted to 100 ml with odor-free air before sniffing it, and a positive or negative result as
to detection of the odor is recorded.

       Despite the ease of application of the syringe method,   dynamic olfactometry and
forced triangle odor evaluations are the methods of choice when accurately establishing odor
thresholds. Dynamic olfactometers mix control air with odorous  sample gas and distribute it
to odor  panel members.   The  most accurate versions  have  thermal  mass flowmeters,
automatic valving and a microprocessor to  control variable odorant and clean dilution air
inputs. With  these systems, dilutions are more accurate and reproducible  than is possible
with manually adjusted valves  and flowmeters.
                                         12-11

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       In  forced  triangle  olfactometry,  odor  panelists are  presented with  multiple
 concentrations of the odorant, usually beginning with a concentration selected to be below
 the odor threshold and then increasing with each step.  At each concentration, the panelist is
 presented with a triangle consisting of  one odorant-containing sample  and  two controls
 containing odor-free air, from which a choice must be made.

       For confirming the identity of suspected odorants or for quantitative determination of
 concentrations of identified  odorants, gas  chromatography or gas  chromatography/mass
 spectrometry  can be performed, using  samples  no larger than  those necessary  for the
 organoleptic evaluation.

 Determining  Sources Responsible for Odors
       The possibility of instituting quick, effective action to control odors when complaints
 arise depends, to a large extent, on the inspector's knowledge of the  odor potentials of the
 various industrial and other sources within the community.  A simple odor patrol is probably
 the best indicator of existing or potential nuisance from odorous discharges. This consists of
 a regular periodic patrol around selected plants or in selected areas, documented by notes as
 to observed odors and indications of time, location and wind direction. Special patrols for
 complex industries, such as refineries and chemical plants, may be  assigned  to personnel
 specially  trained for them  and cognizant  of  the  particular activities which have  odor
 potential. A record of these patrols is also useful in indicating where odor control efforts are
 most required.

       In a routine  inspection of an industrial plant, the normal air pollution configuration is
 often tracked from  cause to effect, i.e., from the inputs to  the process to the effects of any
 escaping contaminants on receptors and the environment The tracing of an odor problem is
 usually just the reverse of this procedure.  The investigation begins  with the complainant and
 his or her environment and works back  to  the  equipment responsible, typically using the
following steps:

       a.      Interview complainants  to obtain  as much factual information as
              possible as to the intensity,  evidence and source of the contaminant.

       b.      Identify the contaminant causing the nuisance.

       c.      Track the contaminant to its source or  sources.
                                        12-12

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       d.     Inspect equipment at  the source  to  determine  capacity to emit  the
              contaminant

       e.     If appropriate, serve notices of violation  to the source or motivate
              plant management to remedy the situation.

       f.     If appropriate,  collect signed district attorney affidavits or  other
              official forms from complainants who may  testify hi court.

       In an odor nuisance, the inspector must  establish the existence of two areas:  the
 effect area—that area over which the nuisance exists; and the source area—that area which can
 be assumed by  logical tracing techniques to contain the specific source  or sources of the
 nuisance contaminant. The determination of a source area is often a first step in isolating the
 exact source and cause of the nuisance, especially in those cases where the specific source is
 difficult to establish initially.


 Odor Transport
       Odor Transport has  several  characteristics which should  be  recalled hi  field
 investigations.

       a.     Odor flows downwind from source to receptor.

       b.     Transport from a vent or chimney is in a plume similar to a visible
              paniculate plume.

       c.     Meteorology is favorable for transport with little dilution  during  the
              evening hours.

       d.     In unfavorable meteorology, odors can travel long distances.

       e.     Odors  are dissipated by dilution,  therefore their quality may  change
              from source to receptor.

       f.     Odors leave no residual effects.
 Determining Air Flow from Source
       The fundamental requirement in an odor investigation is to establish the direction of
flow of air masses from a source in order to establish responsibility or to determine relative
contributions to the problem.  This procedure is known as  source tracking and is applied
                                         12-13

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when the source of the nuisance is unknown. The approach involves determination of wind
direction and velocity for the purpose of triangulating the source location.

       Only  two vectors are required for source triangulation.  These are established by
determining  affected locations and prevailing wind directions during separate  nuisance
events.  By convention, wind direction is always stated in terms of the direction from which
the wind is blowing.  Wind direction can be determined from flags, steam or smoke plumes,
finger-wetting or with a small hand-held instrument

       The interview with the complainant should also attempt to establish wind direction at
the time  of  the event   When the  problem is  recurring,  the  inspector should  instruct
complainants and other observers to maintain a record of occurrence time, duration, intensity
and wind direction.  If this is  not possible, the investigator should attempt to estimate the
time the contamination is likely to occur, so that a site-visit can be scheduled.

Wind Vector Measurement
       A conclusive  determination of air flow movement can be made by conducting wind
vector measurements.  The  procedure involves the release of a small balloon inflated to
about six inches diameter with helium from a portable tank. The release takes place from a
position approximately on the center line of the  odor plume, downwind from the source.
The balloon is released and its travel in the plume is tracked by sighting with a hand-held
compass.  By using a bright  yellow color for the balloon, the tracking can be done at night
with a flashlight The wind vector is recorded and  later plotted  on the survey map.  Odor
observations are made downwind and upwind of suspected areas or sources, and the presence
of odor is also indicated on the map.  By repeating the tracking process with different wind
directions, the source can be  located by triangulation. It should be noted that this technique
should not be employed in waterfowl areas or in any locations where the balloons might be
ingested by wildlife.

Recording Odor Surveys
      In complex cases, the following tracking results are recorded on a map, as shown in
Figure 12-4:

      a.     Location of complainants and distances from possible sources.
                                       12-14

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       b.      -Plant source layout showing principal types of equipment which may
              be involved.

       c.      The number and frequency of complaints, as well as the duration and
              time of day.

       d.      Observations by inspectors at various points to fill in gaps in the data.

       e.      The tracked contaminant routes and triangulation vectors.

       f.      Wind roses or other indications of wind direction.


 Relating Source Strength to Control Requirements
       In correcting an odor problem,  the contaminants responsible  for an odor should be
 controlled so that threshold  levels are never reached in the  outdoor atmosphere of the
 community.   Some industries incorrectly assume that they  will have  no odor problems,
 because  they consider their  own  discharges  to  be unobjectionable  or even  pleasant.
 However, the presence of any odor which persists and is not normally associated with the
 daily routine  of living will be a source of annoyance  to the neighborhood.  Complaint
 records show that this applies to such comparatively  acceptable odors as those of baking
 bread  and roasting  coffee;  therefore,  it is wise  to consider  any  odor  as potentially
 objectionable.

       Odor evaluations of source samples provide estimates of odor concentrations which
 can  serve as guidelines in the development of control methods.   If  a  stack effluent is
 normally diluted by a factor of 1,000 before it arrives at a breathing level in the surrounding
 neighborhood, an discharge odor concentration of 1,000 odor units per cubic foot could be
 considered to be on the verge of acceptability, while an odor concentration of 10,000  units
 would require at least 90% control.

       One application of odor measurement in improving neighborhood odors would  be to
 survey all the operations in a plant and determine the odor emission rate from each. Listing
 such emissions together with estimates of costs for control can help management pick out the
largest odor  sources  (rather  than  the  largest stacks  or largest volume discharges) and
concentrate their efforts  initially   on  those which  are  likely to   provide  the  greatest
improvement per dollar of expenditure.
                                        12-15

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Odor Control
       The elimination of odors is the most important part  of  any odor problem.  Air
contaminants responsible for an odor should be  controlled so that threshold concentrations
are never reached in the outdoor atmosphere.  This is accomplished by adopting any one of a
combination of control devices or techniques, such  as direct or catalytic  incineration,
adsorption on activated carbon or condensation.  Such common-sense control methods as
general sanitation, refrigeration of animal tissue and improved maintenance and operational
procedures should also be applied where odors arise from plant housekeeping.
                                      12-16

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References
Adams, D.F., and S.O. Farwell, "Sampling and Analysis", Chapter 2 in Air Pollution, ed. A.
      Stern, Third edition, Volume VH, Academic Press, Orlando, 1986.

Dravnieks, A., W. Schmidtsdorff and  M. Meilgaard, "Odor thresholds by forced-choice
      dynamic triangle olfactometry: reproducibility and methods of calculation", JAPCA,
      2& 900-905 (1986).

Graber, C.W., and P.M. Giblin, "Air Pollution Field Enforcement: Student Manual", EPA
      450/2-80-075, March 1980.

Hesketh,  H.E., and  F.L. Cross,  Odor Control, Technomic  Publishing  Co., Lancaster
      (Pennslyvania), 1989.
                                       12-17

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                                   Method A
Hull & MK-kct joint (with clamp)
                                           ./g
       Pyrex glass probe
MSA sample tube (250 ml)    Rubber sijurr/c luilb ovat u;iior
                                  Method B
   Capillary glass tube (2 mm O.D.)
                          Hypodermic needle (18 guage)
                                MSA sample
                                tube (250 ml)
                            Medical syringe (10 ml)
 Figure 12-1.  Schematic diagrams of odor sampling apparatus.  Method A is
 used to collect  samples low in moisture content, while Method B collects
 samples high in  moisture content. The latter method permits primary dilution
 of odor sample in the field and minimizes condensation of vapors  on the
 surface of the sample tube.
                                     12-18

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                                           i N'wcpicccs
                                 ILJL




Purified air
for dilution

_•;';•



*•

/ X
/ \
/ \
1
Odor

"»* '-"
* -:\
t'
1
*?
* '*/
•»";•

*— Charcoal bed



\ Purified air
for dilution

                                  ^^••f^Bi^—



                                  ttt.
                                Odorous air
Graduated series
of orifices
Figure  12-2.    Schematic of  scentometer.   Odorous air passes through
graduated orifices and mixes with air from the same source which  is first
purified by passing through activated charcoal beds.  Dilution rates are fixed by
the orifice selection.
                                           Dilution
                                           syringe
                                           "D"   Jt.
                                           (100 ml)
                                                       Panel
                                                       member's
                                                       syringe
                                                       ..p.,
                                                       (100 ml)
   Figure 12-3. Equipment used for transferring and diluting odor samples.
                                    12-19

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      3 mph 1:30 p.m. M-R
      2JS W.  *
         "B" Si reel
3 mph •
l.-«p.m/
M-R

M-R 2 mph
1:50 p.m.
M-R
            .
            6mp
            5:*>
            ML
         "A" Siiret


3 mph
1 :30 p.m. ^
M-R 233 w"
2 mph
II-K 2 p.m.
231 Weii


                        b mph
12 Noon
NIL
V
0
4 mph
12:30 ;
L-R «L.
1S9 W *k









£
A
M
S
                                                   Legend
                                                   •*—Direction from which wind is blowing:

                                                      •  Complainant's report
                                                      o  Inspector's report
                                                      R Rendering odor
                                                      1. Lighi
                                                      M Moderate
                                                      II Heavy
                                                      S  Horse stable odors
                                                      A Aluminum dross odors
                                                             5 mph
                                                             6:15 a.m.
              Arrow Highway
5:00-7:00 p
                    Ace
                    Wrecking
                    Y»rd
                            Blimele«
                            Rendering
                                                         Ciiy of Onyx
 Figure 12-4.  Odor survey.   Although  possible malodorous  industries are
 centered  between  Onyx St. and End Road and  along the Onyx Basin River,
 reports and observations indicate that the Blameless Rendering Company is
 the primary  source of the odors. This finding is verified by the fact that
 complaints are. reported in two time periods-from 11:00 am to 5:00 pm from
 residents  north of Arrow Highway and west of Onyx Street when the wind was
 from the southeast and from 5:00 pm to 7:00 pm from residents In the area
 around Oakwood Street south of Arrow Highway when the wind was from the
 west.  Inspection reports,  operating data and point  observations verify the
 existence of a public nuisance at the Blameless Rendering Company.
                                     12-20

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                           Chapter 13
Baseline Source  Inspection Techniques
Goal
The purpose of this lesson is to familiarize the student with the air pollution control
system, the various types of air pollution  control devices that are available and the
techniques  that can be employed in  conducting effective field inspections of this
equipment.

Objectives
At the end of this lesson, the student should be able to:
      1.    Name the six components of an air pollution control system.
      2.    Recognize different types of air  pollution  control devices by
           outward appearance.
      3.    Generally describe how each air pollution control device functions.
      4.    State what form of contaminants each control device is typically
           employed to remove.
      5.    Recognize what  instrument readings and physical signs indicate
           when control equipment may not be  functioning effectively.
                                 13-1

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Introduction
      Control of air pollution emissions usually involves a system that employs several

components to  accomplish its  task.  The  system  begins with the  collection of

contaminants from the area of generation and continues through ductwork and assorted

system components until the cleaned gas stream is discharged through a vent or stack to

the outdoor air. In this chapter, a brief description of the various components of the air

pollution control system will be presented, along with a summary of recommended Level

2 inspection points.

      Recall from Chapter 4 that Level 2 inspections involve an on-site evaluation of

the control system, relying on plant instruments  for the values of any inspection

parameters. Since this is the most common inspection level employed, only its points will

be summarized here. For a detailed consideration of all inspection levels, the student in

referred to APTI Course 445, "Baseline Source Inspection Techniques".


Principles of the Baseline Method
      During the period from 1970 to 1975, the majority of sources in the U.S. installed
pollution control equipment to satisfy recently promulgated regulations. Most of these

systems  operated well initially;  however,  as they  aged,  operation and maintenance
problems began to emerge. The baseline inspection method was developed to provide

agency personnel with an aid to diagnosing these emerging problems. The ultimate goal

is to be able to identify  deteriorating performance before non-compliance occurs and

restore collection efficiency to its original level.


      The principles of the baseline inspection method are summarized as follows:

      a.     Every source and every control device is unique: Each control system
            should be  approached  initially  as if it  performs  in  a manner
            different from other similar systems on other similar sources. This
            is important, because substantial differences in performance and
            vulnerability to problems have been noted  in a number of cases
            where identical control systems have been installed on identical  or
            similar sources. With the baseline method, a symptom of potential
            problems is simply a shift in a  measured or observed parameter
            from the value or condition it had when the source was  known  or
            assumed to be in compliance. It should be noted that one symptom
            is rarely used alone.   Rather, a combination of  symptoms  is
            analyzed to determine if there are potential problems.

      b.     On-site instruments  are  often unreliable or unavailable:   If the
            control device has operation and maintenance problems, it is very
            likely that  the instruments are also not working properly.  Also,
            particularly on smaller systems, a parameter of interest may not be
                                     13-2

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             measured.   It is important that the inspector be  aware of this
             possible limitation and be prepared to either use less than desirable
             data  or to  make  the  needed measurements  with  portable
             instruments.

       c.     Counterflow inspection approach  ensures that information of most
             value is obtained first:  In the counterflow approach,  the inspection
             begins at the stack and proceeds toward the source in a direction
             counter to the gas flow. One of the main advantages of this is that
             the scope of the inspection can be limited to specific conditions, if
             any, which are  symptoms of operating problems.   Thus, process
             equipment would be inspected only if it had been determined that
             process  changes  were  the   likely  cause  of  control  system
             performance shifts.  In many cases, this approach  will minimize
             both  the  inspector's  time  and  the  inconvenience to operator
             personnel.

       d.     Judgement of the inspector in the  most important factor: Effective
             inspection of air pollution control systems goes beyond simply
             filling out a checklist. Because of the diversity of control system
             designs and differences in the  degree of maintenance,  it  is
             important that the inspection procedure not be rigid. Maintaining
             this  flexibility  requires the  inspector  to continually  exercise
             judgement, both in determining how to proceed with  the inspection
             and in interpreting the symptoms observed.


 Components of the Control System
       The components of an  air pollution control system are as follows:

       • Contaminant capture (hoods)

       • Transport (ductwork)

       • Gas stream cleaning (control devices)

       • Air moving (fan)

       • Instrumentation (controls and monitors)

       • Other (gas cooling, chemical feeding, waste disposal, etc.)


These are usually divided into two groups: (1)  the air pollution control device, and (2)

its ancillary equipment.


      A typical air pollution control system is shown in Figure 13-1.  The entrance is a

series of hoods located over  operations which are  the source of contamination.  The

captured contaminants are conveyed through a branched ductwork system to the control

device, using dampers to control the flow from  each hood.  The fan draws the gas flow
                                      13-3

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through the hoods, ductwork and control device and discharges it into a stack and on to

the atmosphere. Other components indicated are waste disposal and operating controls.


Inspection of the Ancillary Components


Contaminant Capture
       The objective of this system component is to effectively capture the contaminants

being released  from a source with minimum air flow into the system and  minimum

pressure loss on entry.  Optimization of both air flow and pressure loss reduces fan
horsepower and operating costs and the size and  cost of the control device  and its

ancillary equipment.


Level 2 Inspection Points

       a.     Capture efficiency: visual evaluation of fugitive losses as indicated
             by escaping dust or refraction lines.

       b.     Physical condition: hood modifications or damage that could affect
             performance; evidence of corrosion.

       c.     Fit of "swing-away" joints: evaluation of gap distance between hood
             system and duct system on movable hoods.

       d.     Hood position/cross-drafts:  location of hood relative to point  of
             contaminant generation;  effect of air currents  on contaminant
             capture.


Transport

       The duct  system  transports  the contaminated  gas  stream between other

components in the control system.  The design objective is to select duct and fitting sizes

that provide  optimum  conveying  velocities  while minimizing  friction and turbulence

losses.


Level 2 Inspection Points

      a.    Physical condition:   indications of corrosion, erosion or physical
             damage; presence of fugitive emissions.

      b.    Position of emergency dampers:  emergency by-pass dampers should
             be closed and not leaking.

      c.     Position of balancing dampers:   a change in damper positions will
             change flowrates; mark  dampers  with felt  pen  to  document
            position for later inspections.

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       d.     Condition  of balancing dampers:   damper blades  can  erode,
             changing system balance; remove a few dampers to check their
             condition.

Air Moving
       The purpose of the fan is to move the gas stream through the air pollution control
system. To do this, the fan must be sized for the proper air flow and must be able to
overcome acceleration  and entrance losses  at  the  hoods and  friction  losses in  the
ductwork, the control device and other system components.

       The fan may be positioned upstream  or downstream of the control device.  A
downstream fan position creates a  negative pressure at the control device, drawing air in
through any cracks or openings  and minimizing leakage of contaminants.  However, if
the openings are excessive, in-leakage may diminish the required capture velocity at the
source, allowing emissions to escape.  When the fan is located upstream of the control
device, a positive pressure is created that permits contaminants to escape through cracks
or holes in the casing or connecting ductwork.

Level 2 Inspection Points
       a.     Physical condition: indications of corrosion.
       b.     Vibration:  indications of balance problems due to  material build-
             up or  wheel erosion or corrosion; severely vibrating fans are a
             safety hazard.
       c.     Belt squeal squealing belts under normal operation indicate a loss
             of air volume.
       d.     Fan wheel build-up/corrosion:  internal inspection of non-operating
             fans.
       e.     Condition of isolation sleeves:  check vibration isolation sleeves for
             holes.
       f.     Rotation direction:  check rotation direction with  direction marked
             on fan housing.

Instrumentation
       Operating controls are important to the function of the air pollution control
system and may directly affect its performance. For example, changing the timing cycle
on a fabric filter cleaning system may cause pressure loss to increase, reducing the air
flow from the fan and allowing emissions to escape at the source.
                                       13-5

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 Level 2 Inspection Points
       a.     Physical condition:  indications of excessive wear, obvious signs of
             failure or disconnected controls.
       b.     Set-point values: changes in set-point values for temperature, pH,
             rapping intensity,  air pressure and  other controllers may affect
             system performance.
       c.     Timer  settings:  check for  changes in cleaning cycle,  chemical
             delivery cycle and other timer settings.
       d.     Emission monitors:  evaluate general  condition and siting; have
             operator check zero and span values; review historical data.

 Other Components
       There can be many other components in an air pollution control system, including
 such items  as chemical feed systems and catalyst regeneration units.   A component
 found with all of the dry collection devices is a dust handling system.  This component is
 responsible from removing the collected particles from the control device and conveying
 them to the final disposal site. Common to such systems are a collection hopper, a dust
 transfer valve and the piping or conveying equipment.

       Many control systems capture gases that are too hot to introduce directly to the
 control device. In these systems, a component for cooling the gases will be found.  This
 cooling may be accomplished by diluting the hot gases with  cooler air, by evaporating
 water into the hot gas stream or by radiation and convection to the atmosphere.

 Level 2 Inspection Points
 Solids handling:
       a.     Physical condition:  indications of hopper corrosion  or physical
             damage; condition of level detectors, heaters, vibrators, insulation,
             etc.
       b.     Discharge  valve:  check for presence and operating status and
             indications of air leakage.
       c.      Solids discharge rate: rate of solids discharge should be reasonable.
Gas cooling:
       a.      Physical condition:  indications of corrosion, erosion or physical
             damage; presence of fugitive emissions.

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      b.    Outlet temperature:  observe plant instruments to determine cooler
            effectiveness; if controller is used, compare to set-point value.

      c.    Spray pattern/nozzle condition:  indications of effective atomization
            on evaporative coolers.

      d.    Water flowrate:  observe plant flow meters  or pressure gauges to
            evaluate changes in water flowrate on evaporative coolers.


Classification of Air Pollution Control Devices

      All control devices function to accomplish one of the following:

      a.    Separate contaminants from a gas stream and then remove them
            without re-entrainment, either continuously or intermittently, to a
            disposal system.

      b.    Change the contaminant from offensive to inoffensive.

      c.    A combination of both a. and b.

      These control devices can be classified according  to the contaminants they are

typically used to remove:

      a.    Particles only

             • Settling chamber
             • Cyclone
             • Fabric filter
             • Electrostatic precipitator

      b.    Particles, gases and vapors

             • Wet collector
             • Incinerator

      c.    Gases only

             • Wet collector
             • Adsorber
             • Incinerator

      d.    Vapors only

             • Condenser
             • Incinerator
                                      13-7

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 Inspection of Control Devices

 Settling Chambers
       Settling chambers are relatively unimportant as air  pollution control devices
 because they are ineffective in efficiently separating all but the largest particles (>75 pm
 diameter).  They are seldom used separately, but may be seen occasionally as a pre-
 separator ahead of a more efficient collector. Because of their relative unimportance,
 no further discussion of these collectors will be given.

 Cyclones
       In a cyclone the dirty gas stream is directed into a cylindrical shell, either through
 a tangential entry or through turning vanes.  The result is a confined vortex in which
 centrifugal forces drive  the entrained particles toward the  outside wall.  Particles
 successfully deposited slide down the wall  and into a hopper, from which they are
 removed through a dust discharge valve.

       Cyclones can be constructed in either single or multiple configurations.  Single
 cyclones can be generally characterized as either high efficiency or high throughput (see
 Figure 13-2).  High efficiency cyclones have  a narrow inlet opening in order to attain
 high inlet velocity, a  long body length relative to its diameter and a  small outlet
 diameter/body diameter ratio.  High throughput cyclones, which  are inherently less
 efficient, have larger inlet openings, a shorter body length and larger gas exits.

       Multicyclones have numerous small (typically 6-9 inch) diameter cyclone tubes in
 parallel inside a single housing (see Figure 13-3). Each cyclone is mounted into a lower
 "tube-sheet", which separates the in-coming dirty gas stream from the hopper level
 below.  The outlet tube from each cyclone extends up through the  in-coming dirty gas
 stream and into an upper tube-sheet that separates the dirty gas from the cleaned gas.

       Cyclone  efficiency is very  sensitive  to  particle  size,  with   performance
deteriorating rapidly for particles less than about 2-5 jum diameter.  When particle size
distribution and gas flow rate are relatively constant, changes in pressure drop across a
cyclone provide a good indicator of changes in collection efficiency.

Basic Level 2 Inspection Points
      a.     Physical condition:  indications of corrosion, erosion or physical
             damage; open hatches; presence of fugitive emissions.
                                       13-8

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       b.     Static pressure drop:  increases may indicate  plugging; decreases
             may indicate erosion  or corrosion;  either  situation decreases
             efficiency.
       c.     Solids discharge valve: check for continuous movement of valve and
             for continuous discharge of solids; check for air leakage.

Fabric Filters
       Fabric filters remove particles by passing the contaminated gas stream through a
woven or felted fabric, usually in a cylindrical configuration. Depending on the direction
of gas flow, particles are deposited on either the inside or outside of the cylindrical "bag".
Initially, such forces as impaction, diffusion and electrostatic attraction are  primarily
responsible for particle capture by the fabric fibers. However, as the dust coats the filter
and increases in thickness, direct sieving begins to dominate.

       As the thickness of the  dust-cake increases so does the  pressure lost in  moving
the gases  across the  filter.    To keep pressure  loss  reasonable, it is necessary to
periodically clean the  fabric.  The  three most popular cleaning methods are shaking,
reversing air flow direction and pulsing with compressed air.

       A typical shaker-cleaning collector is shown in Figure 13-4. The dirty gas stream
enters into the hopper area and then moves across a tube-sheet into the inside of the
filter  tubes.  The gas  stream passes  through the filter, depositing the particle on the
inside. When it is time to clean the fabric, the collector is isolated from air flow and the
bag shaken by moving the supports from which the bags are hung. The dust drops into
the hopper where it is removed through a dust discharge valve.

       The reverse-air cleaning collector is nearly identical in appearance to the shaker,
except the bags are hung from rigid supports. Cleaning is accomplished by isolating the
collector from the dirty gas flow and introducing clean gas flow  in the reverse  direction.
This reverse flow dislodges the dust and it falls into the hopper.  At this point the
cleaning air is  quite dirty,  so it is ducted to an operating unit for cleaning.  Thus, a
reverse-air collector requires a minimum of two units.

       Figure 13-5 shows  a typical pulse-cleaning  collector.   Cylindrical  bags are
suspended from a tube-sheet located near the top of the collector, and the dirty gas flow
is directed  into the outside of the bags and up through the center to the  clean gas
discharge.  Metal cages  are  placed inside the bags to prevent collapse.  Cleaning is
accomplished by  directing a pulse of compressed air into the top of the bag and against
                                       13-9

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 the dirty gas flow. This pulse momentarily dislodges the dust from the outside of the bag
 and slowly works it down toward the hopper.  Bags are usually cleaned a one row at a
 time without isolating the collector from the dirty gas flow.

 Basic Level 2 Inspection Points
       a.    Physical condition: indications  of corrosion, erosion or physical
             damage; open hatches or doors; presence of fugitive emissions.
       b.    Static pressure drop: increases may indicate bag cleaning problems
             or higher  inlet concentrations;  decreases may indicate excessive
             cleaning or lower inlet concentrations.
       c.    Clean-side conditions:  check for presence of fresh dust deposits;
             observe bag tension and general condition (Note:  The clean side
             should be observed from outside the collector. NEVER enter an air
             pollution control device while conducting an inspection.).
       d.    Solids discharge valve: check for continuous movement of valve and
             for continuous discharge of solids; check for air leakage.

 Electrostatic Precipitators
       Electrostatic precipitators remove particles from a contaminated gas stream by
 employing the principle of attraction of opposite charges. The particles are charged in a
 high voltage electric field created by a corona discharge electrode and are then attracted
 to a collection plate of opposite charge (see Figure 13-6). When the particles reach the
 collection plate they slowly lose their charge through conduction, ideally retaining just
 enough charge to hold the particles to the plate but not so  much that it inhibits further
 deposition or makes removal difficult.  Periodically, the plate is vibrated or rapped and
 the dust drops into the hopper.

       The electric field is powered by direct current supplied from transformer-rectifier
 (T-R) sets mounted on the roof. Each T-R set serves one or two fields or electrical
 sections.  Efficiency of collection is usually highest when the voltage is highest.  Most
 industrial ESPs operate with a negative corona because of its stability under high voltage
 conditions.  Peak performance is indicated by the beginning of sparking from electrode
 to plate.

       The plates are generally rapped by hammer mechanisms mounted outside on top
 of the housing. In some designs the rappers are located inside the housing and can not
 be seen by the inspector. Also located on top of the housing will be vibrator units for
keep the discharge electrodes clean.
                                      13-10

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       The electrostatic precipitator looks very much like a fabric filter, i.e., a large box-
shaped structure with hoppers beneath it.  However, the ESP is distinguished by the
rapping mechanisms and transformer-rectifier sets mounted on top of the housing and
by inlets/outlet locations that are generally on the ends (see Figure 13-7).

Basic Level 2 Inspection Points
       Because of the potential electrical hazard associated with an ESP, the inspector
should  confine  the  inspection  to  evaluation of visible  emissions,  evaluation  of
transmissometer data and evaluation of electrical data. If there has been no major
change in the opacity and no major change in the electrical conditions, then it is assumed
that there has been no major change in performance since the baseline period.

Wet Collectors
       Wet collectors remove contaminants from a gas stream by transferring them to
some scrubbing liquid.  For particles larger than about 1 ^im, the dominant separation
mechanism is impaction onto liquid droplets or wetted targets. For sub-micron particles
and gases,  the dominant mechanism  is  diffusion to  liquid surfaces.  Because  of
incompatible requirements, wet collectors are generally designed to perform as either a
particle or a gas collector.  Simultaneous collection of both particles and gases is usually
possible only when the gas has a very high affinity for the scrubbing liquid.

       Contacting the contaminated gas stream with the scrubbing liquid is only the first
stage of a wet collector.  Because the contact phase usually results in liquid entrained in
the gas stream,  the  second stage is  some type  of liquid-gas separator.   Common
entrainment separators include chevron baffles, mesh pads and single-pass cyclones.
Contactors producing large droplets may only require a little low-velocity head-space to
allow the droplets time to settle back into the unit.

      The almost endless variety of wet collectors  makes it difficult to include all types
and varieties in one discussion.  To illustrate  the range of designs and performance
levels, four types of scrubbers will be briefly described:  (1) a spray tower, (2) a tray
scrubber, (3) a countercurrent packed tower and (4) a venturi scrubber.

Spray tower
      A simple spray tower is illustrated in Figure  13-8.  The dirty gas stream enters at
the bottom of the scrubber and flows upward at velocities between 2 and 10 feet per
second. The liquid enters at the top of the unit through one or more spray headers, so
                                      13-11

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that all of the gas stream is exposed to the sprayed liquid. A spray tower has only limited
particle removal capacity, and is generally selected for applications where the particles
are larger than about 5 Atm. They can be effective gas absorbers if the contaminant has a
moderate affinity for the liquid.

Tray scrubber
       A tray scrubber (see Figure 13-9) can also be used for both particle and gas
collection. The gas stream again enters at the bottom and passes upward through holes
in the trays.  The liquid enters at the top and cascades across one tray and then flows
down to the next.  An overflow weir is used to maintain a liquid level on each tray.
Variations in  tray design include the placing of assorted "targets" above each  hole to
enhance the scrubbing action.  The tray scrubber is an effective collector of particles
larger than about 1 £tm and can be an effective gas absorber when the contaminant has a
moderately low affinity for the liquid.

Packed tower
       This type scrubber is used primarily for gas absorption because  of  the large
surface area created as the liquid passes over the packing material.  The beds can be
either vertical  or horizontal.   The  most efficient arrangement is  the vertical
countercurrent packed tower shown in Figure 13-10.  The gas stream again  enters at the
bottom and passes upward through the packing. The liquid is sprayed from the top and
flows downward in a thin film over the surface of the packing.  The packed tower is an
effective gas absorber when the contaminant has a low affinity for the liquid.

Venturi scrubber
       A conventional venturi scrubber is shown in Figure 13-11. The dirty gas stream
enters a  converging section  and is accelerated  toward the throat by approximately a
factor of ten.  The liquid is injected into the scrubber just beyond the entrance to the
throat, where it is shattered into droplets by  the high velocity gas stream.  Particles are
collected primarily  by being impacted into  the slower moving  drops.  Following the
contactor is usually a single-pass cyclone for  entrainment separation.   The  venturi
scrubber is an  effective collector  of  particles  down into  the sub-micron  range,
comparable in performance to the fabric filter or ESP,  and  can be an  effective gas
absorber when the contaminant has a moderately high affinity for the liquid.
                                      13-12

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Basic Level 2 Inspection Points
       a.     Physical condition:  indications of corrosion, erosion or physical
             damage.
       b.     Static pressure drop:  increases may indicate plugging problems or
             excessive liquid rate (venturi only); decreases may indicate erosion
             or partial tray collapse or a reduction in liquid rate (venturi only).
       c.     Inlet liquid pressure:  provides an indirect indication  of the liquid
             flow rate and nozzle  condition; increases may indicate nozzle
             pluggage  and lower flow rates;  decreases may indicate nozzle
             erosion and higher flow rates.
       d.     Liquid turbidity and settling rate:  low settling rate indicates fine
             solids; high settling rate indicates coarse solids.
       e.     Droplet re-entrainment:  droplet rainout or a mud-lip  on the stack
             indicates a significant demister problem.

Adsorbers
       Adsorbers remove gaseous contaminants from an air stream by transferring them
to the surface of some high surface area solid  adsorbent.   In air pollution control
systems, they are typically employed  to remove volatile  organic compounds  using
activated  charcoal as the adsorbent.   Adsorption is most  effective when the system
temperature is about 75°F and the compounds have molecular weights between about 45
and 200.

       A typical multi-bed  adsorption system is shown  in Figure  13-12.  Here, the  left
two beds are on line and contaminated gas is passing verticaDy down through each unit.
As the system continues to operate, the on-line beds approach  saturation  with  the
contaminants and must be taken off line for cleaning to prevent breakthrough of  the
organic contaminant. This condition is represented in the right-hand unit.

       The most popular cleaning method is to introduce low-pressure steam into  the
bottom of the bed to raise its temperature and  cause the contaminants to desorb from
the carbon.  The mixed stream of organic vapor and  steam  coming  from the bed is
condensed and the solvent recovered by decanting or distillation.  Following desorption,
the bed is  allowed to cool and dry before being put back  on line.

Basic Level 2 Inspection Points
       a.     Physical condition: indications of corrosion or physical damage.
                                      13-13

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       b.     Adsorption/desorption  cycle times:   an  increase in the  interval
             between bed cleanings could mean breakthrough is occurring-

       c.     Steam pressure and temperature during desorption:  a decrease in
             steam pressure/ temperature could indicate less than needed steam
             flow for regeneration.

 Incinerators
       Incinerators  remove gaseous contaminants from an air stream by oxidizing them
 to compounds  not  considered to be contaminants.  The two most  common types of

 incinerators are:

       a.     Direct-fired or thermal units, which are refractory-lined chambers
             with a gas or oil burning apparatus plainly visible (see Figure 13-
             13).

       b.     Catalytic units, which have the appearance of a duct heater and are
             more highly instrumented (see Figure 13-14).

       In both thermal  and catalytic units, the  principal parameter  for indicating
 efficiency is temperature, the value of which is dictated by the characteristics of the
 contaminant to be  oxidized.  In thermal units, the  minimum outlet temperature is
 considered  to  be 1300°F, with most  systems  operating in the  1500-1800°F range.
 Catalytic units are generally designed for a bed inlet temperature of 700-90CFF.

 Basic Level 2 Inspection Points

       a.     Physical condition:  indications of corrosion or physical damage;
             indication of air infiltration.

       b.     Outlet temperature:  decreased temperature may mean reduced
             VOC  destruction efficiency.

       c.     Temperature rise across catalyst bed:   decreased temperature rise
             may mean reduced VOC destruction efficiency.

Condensers

       Condensers remove vaporous contaminants from a gas stream by cooling it and
converting the vapor into  a liquid. In some instances, control of volatile contaminants

can be satisfactorily achieved entirely by condensation.  However,  most  applications
require additional control methods.  In such cases, the use of a condenser reduces the
concentration load on downstream control equipment.  The two most common types of

condensers are:
                                      13-14

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      a.     Contact or barometric condensers, where a direct spray contacts
             the vapors to cause condensation (see Figure 13-15).  The liquid
             leaving the condenser contains  the  coolant  plus the  condensed
             vapors.

      b.     Surface condensers, such as the shell-and-tube heat exchanger (see
             Figure 13-16). This device consists of a shell into which the vapor
             stream flows.  Inside the shell are numerous small tubes through
             which the coolant flows.  Vapors contact the  cool surface of the
             tubes, condense and are collected without contamination by the
             coolant.


Basic Level 2 Inspection Points

      a.     Physical condition: indications of corrosion or physical damage.

      b.     Outlet temperature:   increased temperature may mean  reduced
             condensation efficiency.

      c.     Inlet liquid pressure:  provides an indirect indication of the liquid
             flow rate and  nozzle  condition; increases  may indicate nozzle
             pluggage  and lower coolant flow rates; decreases  may  indicate
             nozzle erosion and higher flow rates (contact-type only).

      d.     Liquid turbidity and settling rate:  high settling rate indicates coarse
             soh'ds that could plug nozzles (contact-type only).

      e.     Droplet re-entrainment:  droplet rainout or a mud-lip on the stack
             indicates a significant demister problem.
                                      13-15

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References


Gruber, C.W., and P.M. Giblin, "Air Pollution Field Enforcement: Student Manual",
      EPA 450/2-80-075, March 1980.

Richards, J., "Air Pollution Source Field Inspection Notebook", Revision 2, USEPA,
      APTI, June 1988.

Segal, R.,  and J. Richards, "Inspection Techniques  for Evaluation of Air Pollution
      Control Equipment", Volume II, EPA-340/l-85-022b, September 1985.
                                   13-16

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                                                   I
                                       Contaminant
                                       removal
Figure 13-1. Typical air pollution control system
          High efficiency    High throughput
     Figure 13-2. Single cyclone collectors
                      13-17

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Figure 13-3.  Multi-cyclone
           13-18

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  Clean air
  outlet  .
Dirty air
inlet
                                                             Clean air
                                                             side
                                                             Filter bags
                                                             Cell plate
            Figure 13-4. Shaker cleaning fabric filter
                                13-19

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Figure 13-5. Pulse cleaning fabric filter
                  13-20

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                       Charging field
High-voltage
discharge
electrode < -)
         Charged (-)
         particles
                                                                        Collecting
                                                                        baffle
                                                      Grounded (+)
                                                      collecting surface
                         Discharge
                         electrode
                         tension weight
                        Figure 13-6.  ESP collection schematic
        Rappers
Collection
electrode
                                                                              Discharge electrode
                        Figure 13-7.  Electrostatic precipitator
                                           13-21

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                            Clean gas
                                        Dirty gas
Figure 13-8. Simple spray chamber
              13-22

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                               Clean gai
           Plates
Dirty gas
                                                                 Detail of plate
                         Figure 13-9.  Tray scrubber

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             Clean gas
                                Mist eliminator
                                   *'.f.*% Dirty gas
Figure 13-10. Countercurrent packed tower
                    13-24

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                                   Clean gas
Water sprays
   Figure 13-11.  Conventional venturi scrubber
                      13-25

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            Adsorbers on stream
                                             Adsorber
                                            Regenerating
Clean air
 exhaust
             Figure 13-12.  Activated carbon adsorber
                               13-26

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                                        Refractory lined
                                        steel shell
Gas burner
piping
                                          Refractory ring baffle
Inlet for contaminated
airstream
         Burner
         block
             Figure 13-13.  Direct-fired incinerator
                               Heat exchanger tubes
                                                             Catalyst
              Figure 13-14. Catalytic incinerator
                               13-27

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                        Mist eliminator





                         Spray nozzles
Figure 13-15. Contact condenser
              13-28

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Removable
 channel  •
  cover
            Reversing channel
                                       Baffles
                                                         Inlet
                                                       channel
                          Figure 13-16.  Surface condenser
                                                                              Removal >le
                                                                               channel
                                                                                cover
                                          13-29

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                              Chapter 14
                      Inspection  Safety
Goal
The purpose of this lesson is to describe means of minimizing risk through adherence to
safety procedures.


Objectives

At the end of this lesson, the student should be able to:

           State the general rules for minimizing the risk of potential hazards.
1.

2.
           State the general safety procedures to be adhered to while conducting
           an inspection.
      3.    Minimize the risks to health and safety associated with:

              Walking and climbing hazards
              Eye and hearing hazards
              Electrical hazards
              Explosions
              Burns
              Inhalation hazards
              Heat and cold stress
              Skin absorbable chemicals
                                    14-1

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 Introduction
       The performance of any field inspection always involves a certain degree of risk.  It is
 the  objective of this lesson to  briefly describe means of minimizing this  risk through
 adherence to safety procedures.  Procedures  are presented for most common health  and
 safety problems encountered by inspectors. Individuals requiring additional information are
 referred to APTI Course 446, "Inspection Procedures and Safety".

 General Considerations
       The  inspection of any industrial facility inherently involves a large number of
 potential health and safety problems which occur frequently. Therefore, the inspector must
 be constantly alert in order to avoid potentially hazardous situations.

       Inhalation hazards are often created by leaks of pollutant laden gases out of worn
 expansion joints, cracked welds  and corroded shells of process  equipment.   The sudden
 downdraft from nearby stacks and vents can also lead to acute exposures. Partially confined
 areas can allow high concentrations of toxic materials to accumulate, even when the leak
 rates are comparatively small. Most of the high pollutant concentrations occur by accident
 and without the knowledge  of plant personnel. The highly variable conditions  make any
 exposure monitoring data highly questionable. These problems complicate the selection of
 the proper respirator for these conditions.

       The  elevated and isolated locations of many types of process equipment also
 increases the safety risk.  It may be necessary to climb permanent or portable  ladders to
 reach the equipment. In some cases, the equipment can only be reached by crossing roofs
 or elevated walkways. Since  these portions of the plant are not regular work areas, even the
 plant personnel may not be aware of some of the potential problems involved with  the
 ladders and roof areas.  Frequently cables, hoses and debris are found along the elevated
 platforms and roofs since plant personnel do not remove this material. Injuries which occur
 in these portions of the plant can be very serious.  Rescue of injured personnel is difficult
 and  time consuming due again to the isolated  and elevated  locations of the control
 equipment.

      Due to the numerous potential hazards, it is very important that each  innspector
 adhere to established safety policies and procedures. It is also necessary that the inspector
recognize unusual and extreme  conditions which warrant additional  or extreme  safety
precautions.
                                        n-2

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      To minimize the risk of potential hazards, each inspector should follow the general
rules summarized below:

      a.     The work should be halted immediately when the inspector suffers any
             non-specific symptoms of exposure. The area should be approaced
             again only after the proper personal protective equipment has been
             obtained.

      b.     The work should be conducted at a controlled pace.

      c.     If the work cannot be accomplished safely, it should be postponed until
             the appropriate steps are taken to permit safe inspection.

      d.     Nothing should be done which risks  the health and safety of the
             inspector or plant personnel or which risks the condition of plant
             equipment.

      e.     All agency and plant safety requirements must be satisfied at all times.


General Safety Procedures

      The following  general  procedures should be adhered to  while  conducting  an
inspection:

      a.     Personal protective equipment:   inspectors should  bring  personal
              grotective equipment necessary to conduct the inspection  of the
              icility. All personal protective equipment should be in good working
             order and the inspector  using  it should be trained in  its use and
             limitations.

      b.     Unaccompanied  inspections:    the  inspector  should request the
             accompanyment of a responsible  plant representative at all times. The
             plant representative can identify areas known to be unsafe and can
             warn the inspector about intermittent plant  operations which can
             result in health and safety risks.

      c.     Warning codes and sirens: the inspector should learn the warning codes
             and sirens used at the plant  to indicate emergencies.  The inspector
             and plant representative should  move to a safe location as rapidly as
             possible after hearing the warning sirens and report to the appropriate
             authorities so that no attempt  is made to  "rescue"  them from the
             affected area.

      d.    Personnel rescue:  if an inspector observes another individual who has
            suffered  an  accident,  help must  be  summoned  immediately.
            Attempting to rescue the person  can jeopardize the rescuer unless the
            proper procedures are used.  Rescue should  be attempted only if the
            proper equipment is available to ensure  the safety of the rescuer.
      e.
Inclement weather conditions:   except  in the case of public health
emergencies, field  activities should be interrupted  or postponed
whenever severe weather conditions present a significant safety risk to
                                       14-3

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             the inspector.  The specific criteria for interrupting or postponing the
             field activities should be determined by each office.  As a general
             guideline, work should be delayed whenever the effective ambient
             temperature is less that -20°F or greater than 100°F, when the wind
             speed is greater than 25 mph and whenever there is sleet or freezing
             rain.

 Walking and Climbing Hazards
       Inspectors should wear hard hats at all facilities being inspected.  These hats provide
 protection against collision with overhead beams and protruding obstacles and also provide
 limited protection against falling objects.  Inspectors should also wear safety shoes approved
 for the specific type of facility being inspected and  gloves whenever  the inspection will
 involve climbing of ladders or handling of hot surfaces.

       Portions of the facility with potentially slippery surfaces should be avoided to the
 extent possible.  Inspectors should not use temporary walkways  such as planks and
 horizontal ladders. Also, before walking on elevated catwalks, the inspector should confirm,
 to the extent possible, that the supports are intact and have not corroded or rotted.

       Accumulation of solids and snow can easily exceed the rated load bearing capacity of
 roofs. Also, portions of the roof can be made of materials with only limited load bearing
 capability. For the above reasons, all roofs and other elevated, horizontal surfaces should
 be approached cautiously. It is recommended that inspectors follow plant personnel in such
 areas and that they remain on defined walkways.

       The foot rungs should be grasped while climbing any ladder, even when the rungs are
 wet or muddy.  Under no circumstances should an inspector attempt to climb a ladder
 covered with ice or snow. Both hands must always be free for climbing ladders.

       Only portable or fixed ladders in good physical condition should be used. Portable
 ladders should be inclined on an angle to minimize the chances of slippage or toppling and
 must extend above the surface being reached by a minimum of 3 feet. The cage (if present)
 must have an opening  ranging from  18 to  24 inches at the top. The cage should not  be
 severely distorted since this would prevent easy movement inside. The ladder must have at
least 9 inches clearance between it and where it is attached, to allow secure placement of the
feet on the rungs, and it should extend at least 3 feet above the platform or surface being
reached.  Finally, guard rails should never be used for climbing.

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       While walking through the plant, the inspector must-be alert for protruding obstacles.
Often these are difficult to spot in dimly lit portions of plants. Loose clothing should not be
worn when conducting  an inspection since  this can result  in  entrapment in rotating
equipment. Inspectors must be cautious when in the vicinity of all rotating equipment since
it is often impossible to see the components moving at high speed.  Equipment which
operates intermittently, such as hoists, should never be touched since this equipment often
starts automatically and without warning.

       Inspectors should stay at least 75 feet from stationary rail cars at sidings since these
are sometimes coupled to remote-controlled engines run by an operator without a complete
view of the siding  areas.  Inspectors should not stand on coal piles and other material
stockpiles since it is possible to become entrapped in the conveying equipment which is
often underneath these piles.

Eye and Hearing Protection
       Because of the possibility of contacting hazardous chemicals or gases, contact lenses
should  not be used  during inspections.   Instead, inspection  personnel should  use
prescription safety glasses with side shields while performing field activities. Splash goggles
should be used in addition to the safety glasses whenever there is potential exposure to acid
mist or liquid chemicals.

       Inspectors should use hearing protection whenever required by plant policies and
whenever it is difficult to hear another person talking in a normal tone of voice at a distance
of 2 feet.  To the extent possible, time spent  in areas of the plant with high noise levels
should be minimized.

Electrical Hazards
       The inspector should not use line powered equipment or instrumentation not served
by an approved ground fault interrupter.  Prior to inspecting any facility, the inspector must
ask responsible plant personnel to indentify  any high voltage cables  in the area to be
inspected.  It is important to find any lines which could be inadvertently touched while
walking through the plant.

Explosions
      Inspectors should never  take battery-powered portable equipment, such as non-
explosion-proof flashlights, into portions of the plant where there are potentially explosive
                                        14-5

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 dusts or vapors.  The equipment can be a source of ignition.  Also, smoking materials,
 including but not limited to matches and lighters, should never be taken into any facility.
 Many areas of plants visited by inspectors can have explosive dusts and vapors. Finally, the
 inspection should  be terminated immediately whenever  a severely vibrating  fan is
 encountered.  When a fan disintegrates,  shrapnel can be sent over a large area resulting in
 very serious injuries.  Plant personnel should be notified immediately if this problem is
 detected.

 Burns
       The areas immediately around hot ducts should be avoided to the extent possible.
 Also, uninsulated hot roofs should be avoided. In cases where such is required, the proper
 footwear must be worn. When climbing up to potentially hot roofs, gloves should be worn
 and the roof should not be touched.

 Inhalation hazards
       To the extent possible, inspectors should avoid areas which allow the accumulation of
 airborne pollutants.  The appropriate respirators should be selected in accordance with the
 procedures discussed during safety training provided by the agency.  Furthermore,  the
 respirator must not be worn whenever any condition would prevent a  good seal.  The most
 common reason for an improperly fitted respirator is facial hair.  The protection factor
 limits of each respirator must be understood and used only for the specific contaminants
 listed and only for the concentration  range listed.  Since  monitoring data  are rarely
 available, the  inspector must excercise  some judgement when selecting the appropriate
 respirator.  Selection of the type of  respirator should never be done by smell or taste
 perception  since  some of the  most  toxic pollutants  cannot  be  detected at  high
 concentrations.

       Inspectors should use only a self-contained breathing apparatus or an air-line
 respirator when entering  areas  believed to be oxygen  deficient.  Each individual using
 respirator protection must be trained in its proper fitting, use, maintenance and storage.

      The respirator must be inspected before and after each use (disposable respirators
 excluded).  Equipment used only for emergencies should be inspected at least monthly. A
record should  be kept by date with the results of all inspections.  All respirators must be
cleaned and disinfected after each use. All filter and cartridges must be replaced whenever
necessary.  Replacement of other that disposable parts and any repair should be done only
                                        14-t

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 by personnel with adequate training and test equipment to ensure the equipment will
 function properly after the work is accomplished.  Only certified parts supplied by the
 manufacturer for the product being repaired should be used.  The respirators should be
 stored in atmospheres that will protect them from dust, sunlight, extreme heat or cold and
 damaging chemicals.

       Individualized eyeglasses mounted to the  face piece of full face mask  respirators
 should be used whenever such respirators are necessary for the field duties assigned. Also,
 contact lenses should not be worn while wearing respirators. Inspectors with perforated ear
 drums,  or who have not demonstrated by means of regular physical examination that they
 are capable of withstanding the additional physical stress imposed by respirators, should not
 wear them. Since respirators are necessary for field activities, such individuals should not
 perform field duties.  Finally, inspectors should not chew gum or tobacco while wearing a
 respirator.

 Heat Stress
       Each inspector working in moderate and hot climates should drink copious amount
 of water and cany drinking water in the vehicle used. The inspection should be interrupted
 immediately whenever an inspector experiences the symptoms of heat exhaustion, including
 but not limited to fatique, nausea, vomiting, headache, dizziness,  clammy skin and rapid
 pulse. The affected individual should rest in a cool place which is not less that 75°F and seek
 medical care as soon as possible.  Continuing the field activities during the onset of heat
 exhaustion can lead to heat stroke, a very serious condition requiring immediate medical
 help.  Also, the inspection  should  be interrupted immediately whenever an inspector
 experiences heat cramps. The affected individual should find a cool place to rest and drink
 water containing 0.1% by weight salt (1 teaspoon per 5 quarts of water).

 Cold Stress
      Field inspectors should avoid portions of the plant exposed to high wind conditions
 or wet areas when the ambient temperature is low.  Clothing for inspections  conducted
 during cold weather must be selected to provide the appropriate degree of protection and to
 reduce the chances of excessive perspiration accumulation.  Clothing should generally be
 layered  to  trap heat and to provide the flexibility to  adjust to both outside and inside
 conditions while conducting the inspection.  Steel-toed shoes should not be worn whenever
the ambient temperature is low. All shoes worn must be water tight.
                                        14-7

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Skin Absorbable Chemicals
      Inspection personnel should  consult published reference materials concerning the
selection and use of protective clothing (including gloves) whenever working with or near
chemicals which are readily absorbed by the skin. A partial list of such chemicals is provided
in the "OSHA Pocket Guide to Occupational Hazards".  Inspectors should also exercise
extreme caution when sampling liquids containing skin absorbable chemicals.  Under no
circumstances should the inspector allow direct contact between such liquids and the skin.
                                      14-8

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References


Cowerd, C, "Inspection Manual for PM-10 Emissions from Paved/Unpaved Roads and
Storage Piles", EPA 340/1-89-007, October 1989.
                                     14-9

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