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State Implemeiltation Plan
U.S. EPA
Region IV
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NOTE ON REGION 4 SIP COMPILATIONS
This notebook contains the most recent version of the
compilations of Federally-approved regulations for Nashville and
Davidson County, Tennessee. The State submission/EPA approval
process is a dynamic one and therefore the diskette copy of the
regulations should not be relied upon as the conclusive authority
for the most recent version of federally enforceable, state
effective regulations. The Regional Office provides the Office
of Federal Register with the regulations being approved in a
Federal Register notice for incorporation by reference into the
Federally-approved SIP. These regulations are identified in the
Federal Register and codified in 40 CFR Part 52. These documents
are maintained by the Office of Federal Register in their office
in Washington, D.C., as the official version of the Federally-
approved regulations. This process goes back to the original SIP
approval in the early 1970s.
The Regional Office has attempted, to the best of its
ability, to compile these Federally approved regulations for each
State, including local programs in North Carolina, Kentucky, and
Tennessee. This compilation represents what the Regional Office
believes to be the most accurate, currently effective, federally
approved State regulations as of the date of this letter.
For additional information please contact Dick Schutt,
Regional SIP Coordinator at the Region 4 address or call at
404/347—3555 X4206.
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
ATLANTA FEDERAL CENTER
100 ALABAMA STREET, S.W.
ATLANTA, GEORGIA 30303-3104
M 0,5
4APT/APB
Mr. Hubie Stephens
Division of Air Pollution Control
Tennessee Department of Environment
and Conservation
L & C Annex, 9th Floor
401 Church Street
Nashville, Tennessee 37243-1531
Dear Mr. Stephens,
Please find the enclosed update to Chapter 10.56 of the Nashville/Davidson County
portion of the Tennessee SIP compilation
The old sections should be removed in their entirety and discarded and the new
sections should be inserted.
Please note that the SIP compilation available on the EPA Home Page (on the Internet
World Wide Web) has been updated to reflect this latest change. If you have any questions
concerning this update, please contact me at (404) 562-9029. I will be sending you updates
to the SIP compilation periodically as rules are approved or errors are identified. Please let
me know of any errors you identify in the SIP compilation, and I will try to correct them and
circulate updates to all those who keep a copy.
Please be sure to distribute these updates to all of your staff who work with the SIP.
It is very important that old versions of the SIP be discarded (including the former "1988
AIRREGS Version") and that only the most recent version be the one used. This will allow
Recycled/Recyclable • Printed with Vegetable OH Based Inks on 100% Recycled Paper (40% Postconsumer)
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all of us to work together to ensure that the EPA’s SIP compilation reflects the true status of
the regulations, and that we are all working from the same baseline document.
Sincerely yours,
Karen C. Bore!, Environmental Engineer
Regulatory Planning and Development Section
Air Planning Branch
Air, Pesticides and Toxics Management Division
Enclosure
cc: Mr. Paul J. Bontrager, P.E., Director
Bureau of Environmental Health Services
Metropolitan Health Department
Nashville-Davidson County
311 - 23rd Avenue, North
Nashville, Tennessee 37203
Ms. Beverly Spagg, Chief (Attachment to Ms. Astrid Aponte)
EPA Region 4 Air Enforcement and EPCRA Branch
o C
Ms. Nancy Tommelleo, Chief (Attachment td’Library)
EPA Region 4 Office of Regional Counsel
Mr. Douglas Neeley (Attachment to Title V Files)
EPA Region 4 Air and Radiation Technology Branch
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THESE FILES CONTAIN A REPRODUCTION OF THE REGULATIONS SUBMIIThD BY THE STATE
AGENCY TO EPA. THESE REGULATIONS HAVE BEEN APPROVED BY EPA, BUT EPA DOES NOT
GUARANTEE EITHER THE COMPLETENESS OR ACCURACY OF THE DISKETFE COPY OF THE
REGULATIONS, OR THAT THE DISKETFE CONTAINS THE MOST UP-TO-DATE VERSION OF THE
REGULATIONS.
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Primed on:December 6, 1996
CODE OF LAWS
OF THE
METROPOLITAN GOVERNMENT OF
NASHVILLE AND DAVIDSON COUNTY,
TENNESSEE
CHAFFER 10.56
“AIR POLLUTION CONTROL”
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Prfjued o,rDecember 6, 1996
SECTION 10.56.010: Definitions
For the purpose of this Chapter, the following words and phrases shall have the meanings respectively
ascribed to them by this Section:
“Act” means the Clean Air Act, as amended, 42 U.S.C. 7401, et seq.
“Actual Emissions” means the actual rate of emissions of a pollutant from an emissions unit as
determined below:
1. Actual emissions shall equal the average rate, in tons per year, at which the facility actually
emitted the pollutant during a two-year period which precedes the particular date and which is
representative of normal operation. The Director may use a different time period upon
determining that it is more representative of normal operation. Actual emissions shall be
calculated using the facility’s actual operating hours, production rates, and type of materials
processed, stored or combusted during the selected time period.
2. The Director may presume that the source-specific allowable emissions for the facility are
equivalent to the actual emissions of the facility; or
3. For any facility which has not begun normal operations on the particular date, actual emission
shall equal the potential to emit.
“Administrator” means the Administrator of the United States Environmental Protection Agency or his
designee.
“Air Pollutant” means any particulate matter or any gas or vapor or any combination thereof including
any physical, chemical, biological, radioactive (including source material, special nuclear material and
byproduct material) substance or matter which is emitted into or otherwise enters the ambient air.
“Air Pollution” means the presence in the outdoor atmosphere of one or more air pollutants in such
quantities, characteristics or duration as is or tends to be injurious to human health or welfare, or
animal or plant life or health, or property, or would interfere with the enjoyment of life or property.
“ASME” means the American society of Mechanical Engineers.
“ASTM” means the American Society of Testing and Materials.
“Board” means the Metropolitan Board of Health.
“Breaching” means any conduit for the transport of products of combustion or processes to the
atmosphere or to any intermediate device before being discharged into the atmosphere. Such term does
not include the chimney or stack.
“Cleaning I ires” means the act of removing ashes from the fuel bed or furnace.
“Continuous Monitoring” means the sampling and analysis of air pollutants in a continuous or timed
sequence, using techniques which will adequately measure actual emission levels or ambient
concentrations on a continuous basis.
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“Department t ’ means the Department of Health of the Metropolitan Government, including the Board,
agents, employees and Divisions.
“Director” means the chief administrative officer of the Metropolitan Board of Health or his designated
representative.
“Emissions” means the act of releasing or discharging air pollutants into the ambient air from source.
“Existing Source” means any equipment, machine, device, article, contrivance or installation which
was in existence on the effective date of this Chapter, except that any existing equipment, machine,
device, article, contrivance or installation which is altered, replaced or rebuilt that increases the amount
of air pollutants emitted by such source or which results in the emission of any air pollutant not
previously emitted shall be reclassified as a new source.
“Fuel-Burning Equipment” means any furnace, boiler, apparatus, stack, and all appurtenances thereto,
used in the process of burning fuel for the primary purpose of producing heat or power by indirect heat
transfer.
“Fugitive Dust” means any solid, airborne particulate matter emitted from any source other than
through a stack.
“Hand-Fired Fuel-Burning Equipment” means fuel-burning equipment in which fresh fuel is
manually introduced directly into the combustion chamber but not including fireplaces.
“I nzardous Material” means any pollutant which may cause, or contribute to, an increase in mortality
or an increase in serious irreversible, or incapacitating reversible illness and has been so defined in the
Federal Register.
“Incinerator” means any equipment, device or contrivance used for the destruction of refuse by
burning, and all appurtenances thereto.
“Internal Combustion Engine” means any engine in which the combustion of gaseous, liquid or
pulverized solid fuel takes place within one or more cylinders.
“Legally Enforceable” means all limitations and conditions which are enforceable by the Director and
the Administrator, which includes all provisions of this Chapter, any provisions of the State
Implementation Plan, and any permit requirements.
“Major Modification” means any physical alteration of or change in the method of operation of a
major stationary source that would result in a significant net emissions increase of any pollutant subject
to regulations under the Clean Air Act. Any net emissions increase that is considered significant for
volatile organic compounds shall be considered significant for ozone. A physical alteration of or
change in the method of operation shall not include:
1. Routine maintenance, repair and replacement;
2. Use of an alternative fuel or raw material by reason of an order under Section 2(a) and (b) of
the Energy Supply and Environmental Coordination Act of 1974 (or any superseding
legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act;
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Pri,ued on:December 6, 19%
3. Use of an alternative fuel by reason of an order or rule under Section 125 of the Clean Air
Act;
4. An increase in the hours of operation or in the production rate, unless such change is
prohibited by an enforceable permit condition; or
5. Any changes in ownership at a stationary source.
“Major Source” means any stationary source (or any group of stationary sources that are located on
one or more contiguous or adjacent properties, and are under common control of the same person (or
persons under common control)) belonging to a single major industrial grouping and that are described
in Paragraph (1), (2), or (3) of this definition. For the purposes of defining “major source,” a
stationary source or group of stationary sources shall be considered part of a single industrial grouping
if all of the pollutant emitting activities at such source or group of sources on contiguous or adjacent
properties belong to the same Major Group (i.e, all have the same two-digit code) as described in the
Standard Industrial /classiflcation Manual, 1987.
1. A major source under Section 112 of the Act, which is defined as:
a. For pollutants other than radionuclides, any stationary source or group of stationary
sources located within a contiguous area and under common control that emits or has the
potential to emit, in the aggregate, 10 tons per year (tpy) or more of any hazardous air
pollutant which has been listed pursuant to Section 112(b) of the Act, 25 tpy or more of
any combination of such hazardous air pollutants, or such lesser quantity as the
Administrator may establish by rule.
b. For radionudides, major sources shall have the meaning specified by the Administrator by
rule.
2. A major stationary source of air pollutants that directly emits or has the potential to emit, 100
tpy or more of any air pollutant under the Clean Air Act (including any major source of
fugitive emissions of any such pollutant). The fugitive emissions of a stationary source shall
not be considered in determining whether it is a major stationary source unless the source
belongs to one of the following categories of stationary sources:
a. Coal cleaning plants (with thermal diyers);
b. Kraft pulp mills;
c. Portland cement plants;
d. Primary zinc smelters;
e. Iron and steel mills;
f. Primary aluminum ore reduction plants;
g. Primary copper smelters;
h. Municipal incinerators capable of charging more than 250 tons of refuse per day;
i. Hydrofluoric, sulfuric, or nitric acid plants;
j. Petroleum refineries;
k. Lime plants;
1. Phosphate rock processing plants;
m. Coke oven batteries;
n. Sulfur recovery plants;
o. Carbon black plants (furnace process);
p. Primary lead smelters;
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q. Fuel conversion plants;
r. Sintering plants;
a. Secondary metal production plants;
t. Chemical process plants;
u. Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal
units per hour heat input;
v. Petroleum storage and transfer units with a total storage capacity exceeding 300,000
barrels;
w. Taconite ore processing plants;
x. Glass fiber processing plants;
y. Charcoal production plants;
z. Fossil-fuel-fired steam electric plants of more than 250 million British thermal units per
hour heat input; or
as. All other stationary source categories regulated by a standard promulgated under Section
111 or 112 of the Act, but only with respect to those air pollutants that have been
regulated for that category.
3. Any stationary source with the potential to emit 100 tons per year or more of volatile organic
compounds or oxides of nitrogen.
“Malfunction” means any sudden and unavoidable failure of air pollution control equipment or process
equipment, or usual manner; however, such failures that are caused entirely or in part by poor
maintenance, careless operation, or any other preventable improper function or preventable equipment
breakdown shall not be considered a malfunction.
“Mechanical Fuel-Burning Equipment” means fuel-burning equipment incorporating means by which
fuel is mechanically introduced into the combustion chamber.
“Minor Stationary Source” means any stationary source that is not a major stationary source and is
required to obtain a construction permit, in accordance with the provisions of Sections 10.56.020.
through 10.56.070.
“Mist” means a suspension of any finely divided liquid in any gas or atmosphere.
“Modification” means any physical change in, or change in the method of operation, of a stationary
source which increases the amount of any air pollutant emitted by such source or which results in
emissions of any air pollution previously not emitted.
“National Emission Standard for Hazardous Air Pollutant Sources (NESHAPS)” means any
stationary source for which a national emission standard for hazardous air pollutants has been published
in the Code of Federal Regulations.
“New Source Performance Standards (NSPS) Source” means any stationary source containing a
facility for which the construction, modification or reconstruction commenced after the date the
standard of performance for new stationary sources was published in the Code of Federal Regulations.
“Nonattainment Area” means a geographical area which is shown by monitored data or which is
calculated by air quality modeling (or other methods determined by the Director to be reliable and
which are approved by the Federal Environmental Protection Agency) to exceed any national ambient
air quality standard for any air pollutant.
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“Opacity” means the degree to which emissions reduce the transmission of light and obscure the view
of an object in the background.
“Open Burning” means any fire from which the products of combustion are emitted directly into the
open air without passing through a stack or chimney.
“Particulate Matter” means any airborne finely divided solid or liquid material with an aerodynamic
diameter smaller than one hundred micrometers.
“Particulate Matter Emissions” means all finely divided solid or liquid materials, other than
uncombined water, emitted to the ambient air as measured by applicable reference methods, or an
equivalent or alternative method specified in Title 40, Code of Federal Regulations, Chapter 1, as the
same may be amended or recodified.
“Permit Unit” means any article, machine or process equipment or other contrivance of which air
pollutants emanate or are emitted. A permit unit is any singular continuous operation.
“Permitted Allowable Emission” means the emission rate of a source calculated at full design capacity
while operating 8760 hours per year or an allowable emission rate specified in a legally enforceable
construction or operating permit.
“Person” means any individual, natural person, trustee, court-appointed representative, syndicate,
association, partnership, firm, club, company, corporation, municipal corporation, city, county,
municipality, district or other political subdivision, department, bureau, agency or instrumentality of
federal, state or local government, or other entity recognized by law as the subject of rights and duties,
and any officer, agent or employee thereof. The masculine, feminine, singular or plural is included in
any circumstances.
“PM 10 ” means particulate matter with an aerodynamic diameter less than or equal to a nominal ten
micrometers as measured by a reference method based on Appendix J of Title 40, Code of Federal
Regulations, Part 50, as the same may be amended or recodifled, or by an equivalent method
designated in accordance with Part 53 of Title 40, Code of Federal Regulations, as the same may be
amended or recodified.
“PM 10 Emissions” means finely divided solid or liquid material, with an aerodynamic diameter less
than or equal to a nominal ten micrometers emitted to the ambient air as measured by an applicable
reference method.
“Potential Emissions” means the maximum capacity of a stationary source to emit a pollutant under its
physical and operational design. Any physical or operational limitation on the capacity of the source to
emit a pollutant, including air pollutant control equipment and restrictions on hours of operation or on
the type or amount of material combusted, stored or processed shall be treated as part of its design only
if the limitation or the effect it would have on emissions is legally enforceable. Secondary emissions
do not count in determining the potential to emit of a stationary source.
“Prevention of Significant Deterioration (PSD)” means the duty to preserve air quality in the mnnner
prescribed in Part C, Section 160, et seq., of the Clean Air Act of 1977, as codified in 41 in 41 USCA
7470 through 7479, as amended.
“Process Equipment” means any equipment, device or contrivance for changing any materials
whatsoever or for storage or handling of any materials, the use or existence of which may cause any
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discharge of air pollutants into the open air but not including that equipment specifically defined as
“fuel-burning equipment” or “incinerator” in this Section.
“Process Weight” means the total weight of all materials introduced into any specific process that may
cause any emission of particulate matter, but excluding liquid and gaseous fuels and combustion air.
“Refuse” means and is the inclusive term for solid waste products which are composed wholly or partly
of such materials as garbage, sweepings, cleanings, trash, rubbish, litter, industrial solid waste or
domestic solid waste, trees or shrub leaves, limbs, trunks, roots or droppings or trimmings, grass
clippings, brick, plaster or other waste resulting from the demolition, alteration or construction of
buildings or structures, accumulated waste material, cans, containers, tires, junk or other such
substances which may become a nuisance.
(Note: The definition of “Regulated Pollutant” has not been approved into the SIP. 10/26/95)
“Ringlemann Chart” means the chart published and described in the U.S. Bureau of Mines
Information Circular 8333.
“Smoke” means small gasborne or airborne particulates resulting from combustion operations and
consisting of carbon and ash and other matter present in sufficient quantity to be observable.
“Source” means any property, real or personal, which emits or may emit any air pollutant.
“Stack” means any conduit, duct, vent, flue or opening of any kind whatsoever arranged to conduct
any products to the atmosphere. Such term does not include breeching.
“Standard Conditions” means a gas temperature of sixty-eight degrees Fahrenheit (twenty degrees
Centigrade), and a gas pressure of 29.92 inches mercury absolute.
“Stoker” means any mechanical device that feeds solid fuel uniformly onto a grate or hearth within a
furnace.
“Total Suspended Particulate” means particulate matter as measured by the method described in
Appendix B of Title 40, Code of Federal Regulations, Part 50, as the same may be amended or
recodified.
“Uniform Administration Procedures Act” means Tennessee Code Annotated Title 4, Chapter 5.
The term “agency” as used in the Uniform Administrative Procedures Act shall also include the
Metropolitan Board of Health and the Metropolitan Health Department.
“Volatile Organic Compounds (VOC)” means any compound of carbon, excluding carbon monoxide,
carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which
participates in atmospheric photochemical reactions.
1. This includes any such organic compound other than the following, which have been
determined to have negligible photochemical reactivity: Methane; ethane; methylene chloride
(dichloromethane); 1,1, 1-trichloroethane (methyl chloroform); 1,1, 1-trichloro-2,2,2-
trifluoroethane (CFC-1 13); trichlorofluoromethane (CFC-1 1); dichlorodifluoromethane (CFC-
12); chlorodifluoromethane (CFC-22); trifluoromethane (FC-23); 1,2-dichloro 1,1,2,2-
tetrafluoroethane (CFC-1 14); chloropentafluoroethane (CFC-l 15); 1,1, 1-trifluoro 2,2-
dichioroethane (HCFC-123); 1,1,1 ,2-tetrafluoroethane (HFC-l34a); 1, 1-dichloro I-
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fluoroethane (HCFC-141b); 1-chioro 1, 1-clifluoroethane (HCFC-142b); 2-chloro-1,1,1,2-
tetrafluoroethane (HCFC-124); pentafluoroethane (HFC-125); 1,1,2,2-tetrafluoroethane (HFC-
134); 1,1, 1-trifluoroethane (HFC-143a); 1, 1-difluoroethane (HFC-152a); and perfluorocarbon
compounds which fall into these classes:
a. Cyclic, branched, or linear, completely fluorinated alkanes;
b. Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations;
c. Cyclic, branched, or linear, completely fluorinated tertiaiy amines with no unsaturations;
and
d. Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to
carbon and fluorine.
2. For purposes of determining compliance with emissions limits, VOC will be measured by the
test methods in the approved State Implementation Plan (SIP) or 40 CFR Part 60, Appendix A,
as applicable. Where such a method also measures compounds with negligible photochemical
reactivity, these negligibility-reactive compounds may be excluded as VOC if the amount of
such compounds is accurately quantified, and such exclusion is approved by the enforcement
authority.
3. As a precondition to excluding these compounds as VOC or at any time thereafter, the
enforcement authority may require an owner or operator to provide monitoring or testing
methods and results demonstrating, to the satisfaction of the enforcement authority, the amount
of negligibly-reactive compounds in the source’s emissions.
4. For purposes of Federal enforcement for a specific source, the EPA shall use the test methods
specified in the applicable EPA-approved SIP, in a permit issued pursuant to a program
approved or promulgated under Title V of the Act, or under 40 CFR Parts 52 or 60. The
EPA shall not be bound by any State determination as to appropriate methods for testing or
monitoring negligibly-reactive compounds if such determination is not reflected in any of the
above provisions.
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ARTICLE I. ADMINISTRATION AND ENFORCEMENT
SECTION 10.56.020: Construction Permits
A. 1. It is unlawful for any person to install, erect, construct, reconstruct, alter, or add to, or cause
to be installed, erected, constructed,, reconstructed, altered or added to, any fuel-burning
equipment, incinerator, process equipment, control device, or any equipment pertaining
thereto, or any stack or chimney connected therewith, or to make or cause to be made any
alteration or repairs which increases the amount of air contaminant emitted by such source or
which results in the emission of any air contaminant not previously emitted until application for
a construction permit has been filed with the Metropolitan Health Department and plans and
specifications applicable to the work have been submitted to the Director and a construction
permit issued by him for such construction, installations, alterations or repairs. Applications
for a construction permit shall be filed in duplicate in the offices of the Director on forms
adopted by the Director and supplied by the Metropolitan Health Department along with a copy
of plans and specifications. The Director shall not grant a construction permit to any source
which does not comply with the provisions of the New Source Review Regulations as adopted
by the Board. If the Director determines, on the basis of information available to him, that
such source does, or in all likelihood will, operate in violation of this Chapter, or that the
source will operate so as to prevent attainment or maintenance of any national ambient air
quality standard, he shall either impose conditions on the face of the construction permit that in
his opinion will promote compliance with this Chapter, and/or attainment and maintenance of
any national ambient air quality standard, or he shall deny the application for the construction
permit. This Section shall not apply to fuel-burning equipment used exclusively for heating
less than three (3) dwelling units, or to gas, or fuel oil equipment of five hundred thousand
BTIJ input or less or to internal combustion engines.
2. In addition to any other remedies available on account of the issuance of an order prohibiting
construction, installation, or establishment of any fuel-burning equipment, incinerator, process
equipment, or control devices and prior to invoking any such remedies, the person aggrieved
thereby shall, upon request in accordance with the provisions of this Chapter and the rules and
regulations adopted by the Board be entitled to a hearing. Such hearing shall be conducted
pursuant to the contested cases provisions of the Uniform Administrative Procedures Act,
Tennessee Code Annotated, Title 4, Chapter 5, Part 3.
3. The absence or failure to issue a rule, regulation or order pursuant to this Section shall not
relieve any person from compliance with any emission control requirements or with any other
provision of law.
B. Maintenance or repairs or alterations which are minor in scope or do not change the capacity of
any fuel-burning equipment, incinerator, process equipment and which do not involve any change
in the method of combustion or materially effect the emission of smoke, dust, gases, fumes, or
other air contaminants therefrom may be made without placing an application for construction
permit with the Metropolitan Health Department. Emergency repairs may be made prior to the
applications in the event an emergency arises and serious consequences would result if the repair
were to be deferred. When such repair is made in an emergency, the application as required by
this Section shall be filed in the office of the Director within ten days after the start of such work.
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C. The plans and specifications, submitted pursuant to this Section, concerning any fuel-burning
equipment, incinerator or process equipment shall show the type, form and dimensions of all
equipment and appurtenances thereto and stacks and ducts, together with the description and
dimensions of the building or part thereof in which such equipment is to be located, the amount of
work or the amount of heating to be done by such equipment and all provisions for securing
complete combustion of the fuel or refuse and for reducing or controlling emission of air
contaminants. Such plans and specifications shall show that the room or premises in which fuel-
burning equipment or incinerator is to be located is provided with adequate ventilation to provide
sufficient air for the combustion process and for the safety of people.
D. The plans and specifications submitted pursuant to this Section shall be prepared under the
direction of, or approved by and bear the seal of, a professional engineer registered in this State or
be a graduate of an accredited engineering school and experienced in his field of endeavor.
E. The requirement for filing plans and specifications involving the installation, erection, construction,
reconstruction, alteration, or repair of or addition to, any fuel-burning equipment, incinerator,
process equipment, or the building of pilot plants or processes to be used in or to become part of a
secret process is suspended upon the filing with the Metropolitan Health Department, in lieu of the
filing of plans and specifications, of an affidavit of a responsible person to the effect that such
equipment or process is to be so used. Such person may be required by the Board to furnish bond
or other proof of financial responsibility. The suspension of the filing of such plans and
specifications shall in no way relieve the person or persons responsible for the secret process from
complying with all other provisions of this Chapter.
F. If the installation, erection, construction, reconstruction, alteration, addition or repair is not started
within one (1) year of the date of issuance of a construction permit or any extended period granted
in writing by the Director, the construction permit shall become void.
G. Any equipment covered by this Section which is installed, erected, constructed, reconstructed or
altered without making application for a construction permit to the Department of Health and
receiving this permit as provided herein may be sealed by the Director with the approval of the
Board, the seal to remain in effect until all provisions of this Chapter have been complied with.
This remedy is not deemed to be the exclusive remedy.
H. The receipt of a construction permit from the Metropolitan Health Department shall not be
construed to indicate approval of the strength or safety of any equipment or to indicate compliance
with the requirements of the Building Code of Metropolitan Nashville and Davidson County or any
other ordinance thereof. Neither shall it relieve anyone from the responsibility to comply fully
with the applicable provisions of this Code, nor any other requirement(s) imposed by statute, rule
or regulation of the Metropolitan Government of Nashville and Davidson County, Tennessee, the
State of Tennessee or the United States Government.
New and modified sources having obtained a valid construction permit in accordance with this
Section may operate under the construction permit for the period of time specified within the
permit which shall not exceed one hundred and eighty (180) days provided that the Director is
notified of the date of startup. Such notification must be submitted in writing within five (5)
working days of the date of startup of the new or modified source.
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J. Results of any compliance testing required as a condition of a construction permit must be
conducted in accordance with Section 10.56.290, “Measurement of Emissions” and Section
10.56.300, “Testing Procedures” of this Chapter and the test results submitted to the Director
within the time period specified on the permit. Failure to demonstrate compliance with the
allowable emission standards or any other condition shown on the construction permit shall
constitute sufficient grounds for the Director to require changes in the installation before an
operating permit can be granted. Responsibility for demonstrating proof of compliance including
all expenses incurred in conducting the required compliance tests shall be borne by the owner or
operator of the effected facility.
K. The Director or his authorized representative shall have the right to enter the premises to observe
any compliance tests and to inspect the installation and operation of any equipment for which a
construction permit was issued.
L. Any application for a construction permit for a major source received by the Director is subject to
objection and comment by the Administrator under the provisions of 42 U.S.C. Section 7661 d., as
amended. Therefore, no permit shall be final until the time for objection by the Administrator has
expired.
M. Any failure to act or inaction by the Director within eighteen (18) months after receipt of a
complete application for a construction permit may be considered final action for the purpose of
any appeal to the Davidson County Chancery Court under T.C.A. Section 27-8-101, et seq., and
T.C.A. Section 27-9-101, et seq.
N. The Director shall, on a monthly basis, notify the public, by advertisement in a newspaper or
newspapers of general circulation within the Metropolitan Government area, of the applicants
seeking to obtain a permit to construct or modify an air pollution source. This notice shall specify
the location of the proposed source of modification, the type of source or mQdification, and shall
provide the opportunity for public comments. The public shall have thirty (30) days from the date
of advertisement to submit written comments to the Director.
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SECTION 10.56.030: Reserved
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SECTION 10.56.040: Operating Permit
A. After the construction permit has been issued and it is demonstrated to the satisfaction of the
Director that the fuel-burning equipment, incinerator, process equipment, control device or any
equipment pertaining thereto can be operated in compliance with this Chapter, an application for an
operating permit shall be filed in duplicate in the office of the Director on forms adopted by the
Director and supplied by the Metropolitan Health Department. If the Director determines that the
source does or will operate in violation of this Chapter, or if the source will operate so as to
prevent attainment or maintenance of any lawful national ambient air quality standard, he shall
either impose conditions on the face of the operating permit that, in his opinion, will promote
compliance with this Chapter, or he shall deny the application for an operating permit. The
operating permit shall be kept posted on or near the installation for which it was issued. The
operating permit shall specify the class of fuel, and/or type of raw material used, for which the
equipment and appurtenances have been designed or which has been successfully used in the
operating test. The owner or his agent shall be responsible for notifying the Director that
equipment for which a construction permit has been issued, has been tested and is ready for
permanent operation. With such notification the owner shall submit to the Director test and
operation data, as required by the Director, as evidence that the equipment will operate in
compliance with all provisions of this Chapter. The Director, with the approval of the Board is
authorized to seal the equipment in operation for which an operating permit has not been obtained,
as required by this Section.
B. The operating permit shall be issued for a one year period or for such longer period as the Director
may designate but not to exceed five (5) years. Applications for renewal of the operating permit
shall be made in writing upon forms furnished by the Metropolitan Health Department and shall be
made not less than sixty days prior to expiration of the certificate for which renewal is sought.
disclosures of information, tests and other prerequisites to the issuance of a construction permit,
temporaiy operating permit, or operating permit may be required by the Director prior to renewal
of an operating permit.
C. Any person operating a source constructed on or before the effective date of this Chapter shall file
an application for an operating permit. An application for an operating permit shall be ified in
duplicate in the office of the Director on forms furnished by the Metropolitan Health Department.
D. In addition to the requirements of this Section, the Metropolitan Board of Health, by regulation
duly adopted in accordance with Section 10.56.090 of this Chapter, may specify additional
permitting requirements.
E. Any application for an operating permit for a major source received by the Director is subject to
objection and comment by the Administrator under the provisions of 42 U.S.C. Section 7661 d., as
amended. Therefore no permit can be final until the statutoiy time for objection by the
Administrator has expired.
F. Any major source may opt out of the provisions of the Metropolitan Health Department, Pollution
Control Division’s, Regulation No. 13, “Part 70, Operating Permit Program”, by limiting their
potential to emit such that they are below the applicable threshold. In order to exercise this option,
the following provisions must be met:
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1. The source must agree in writing to be bound by a permit which specifies the more restrictive
limit and to be subject to detailed monitoring, reporting and recordkeeping requirements that
prove the source is in compliance with the applicable permit.
2. The permit limitations, controls, and other requirements imposed by the permits will be at
least as stringent as any other applicable limitations and requirements contained in this chapter.
3. The permit limitations, controls, and other requirements imposed by the permit shall be
permanent, quantifiable, and enforceable. If the source decides to increase its potential to
emit, the source must meet the requirements of Section 10.56.020.
4. A public notice and opportunity for public comments on any application seeking a permit with
limited potential to emit shall be given in a newspaper or newspapers of general circulation
within the Metropolitan Government area. The public shall have thirty (30) days from the date
of notice to submit written comments.
5. The Director shall provide to the Administrator a copy of each draft and final permit. The
draft permit must be submitted to the Administrator prior to the public notice as outlined in
Paragraph (4). the final permit shall be submitted to the Administrator within thirty (30) days
of issuance.
G. Any failure to act or any inaction by the Director within eighteen (18) months after receipt of a
complete application for an operating permit may be considered final action for the purpose of any
appeal to Davidson County Chancery Court under T.C.A. Section 27-8-101, et seq., or T.C.A.
Section 4-5-322.
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SECTION 10.56.050: Exemptions
A. The following sources are exempt from the provisions of this Chapter unless otherwise specified by
the Director:
1. Fuel burning equipment used exclusively for heating less than three dwelling units;
2. Natural gas or fuel oil burning equipment of less than five hundred thousand BTU input
per hour. This exemption shall not apply when the total capacity of such equipment
operated by one person exceeds 2.0 million BTLJ input per hour;
3. Any process emission source emitting less than 0.1 pounds per hour of non-hazardous
particulate matter;
4. Equipment used on farms for soil preparation, tending or harvesting of crops, or for
preparation of feed to be used on the farm when prepared;
5. Residential barbecue pits and cookers; and
6. Wood smoking operations used to cure tobacco in barns.
B. Notwithstanding the exemptions granted in Paragraph (a) of this Section, no person shall discharge,
from any source whatsoever, such quantities of air contaminants or other materials which cause or
have a tendency to cause, injury, detriment, annoyance, or adverse effect to the public.
(Note: Paragraphs (C), (D), and (E) were withdrawn from the SiP revision submittal on
5/30/95... 10/26/95)
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SECTION 10.56.060: Transferability of Permit
Any permit issued in accordance with the provisions of this Chapter is not transferable from one
person to another person nor from one facility to another facility without prior approval from the
Director.
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SECTION 10.56.070: Suspension or Revocation of Permit
The Director may suspend or revoke either a construction or an operating permit if the permit
holder fails to comply with the provisions, stipulations or compliance schedule provided in the permit.
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SECTION 10.56.080: Permit and Annual Emission Fees
(Note: Section 10.56.080 is not part of the federally approved SIP. 10/26/95)
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SECTION 10.56.090: Board - Powers and Duties
A. 1. There is imposed upon the Board in addition to those functions and duties set forth in Article
10, Chapter 1, of the Carter of the Metropolitan Government, the authority, power and duty to
adopt, promulgate and enforce such rules and regulations to carry out the provisions of this
Chapter which the Board deems necessary in order to achieve and maintain such levels of air
quality as will protect human health and safety and to the greatest degree practical, prevent
injury to plant life and property, foster the comfort and convenience of the inhabitants of the
Metropolitan Government area and promote the economic and social development of the
Metropolitan Government area; provided, that such rules and regulations shall not conflict with
any laws of the State, the Charter of the Metropolitan Government or any ordinance of the
Metropolitan Government, nor shall such rules and regulations exceed the limits of authority
granted to the Board in this Chapter.
2. The Director shall recommend to the Board such rules and regulations as he considers
necessary consistent with the general intent and purpose of this Chapter to prevent, abate and
control air pollution. Thereupon, the Board shall fix and hold a public hearing, as provided
herein, with respect to the rules of their amendments, and the Board may approve or reject
such recommended rules or amendments, in whole or in part, or it may modify and approve
them as so modified. Thereafter, the Board may amend or add to the rules and regulations, on
recommendation of the Director, or on its own initiative, but only after a public hearing on the
proposed amendments.
3. Such rules and regulations or any amendments thereto shall be approved by the Director of law
as to legality, and the same shall then be filed with the secretary of the Board and the
Metropolitan Clerk. After such rules and regulations or any amendments thereto of the Board
have been so adopted in the msnner herein provided, such rules and regulations shall have the
force and effect of law. -
B. In exercising its powers to prevent, abate and control air pollution, the Board shall have the
following powers and duties:
1. Develop and prepare a general comprehensive plan for the prevention, control and abatement
of air pollution recognizing varying requirements for different areas of the Metropolitan
Government;
2. Establish, modify or amend, after public hearing, a system of permits applicable to installation
or modification of ficilities capable of becoming a source of air pollution;
3. Establish, modify or amend, without hearing, rules and regulations with respect to procedural
aspects of:
a. Hearings,
b. Filing of reports and orders,
c. Issuance of permits, and
d. All other matters not specifically requiring a hearing;
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4. Require that any person whom the Board has reason to believe is or may be about to be
causing or contributing to air pollution to furnish the Board pertinent information required by it
in the discharge of its duties under this Chapter; provided, that no such person shall be
required to disclose any secret formulas, processes or methods used in any manufacturing
operation carried on by or under his direction;
5. Cause to be instituted in a court of competent jurisdiction, legal proceedings to compel
compliance with any provision of this Chapter or with any order or determination issued by the
Board;
6. Collect and disseminate information relative to air pollution, encourage voluntary cooperation
of affected persons or groups in preserving and restoring a reasonable degree of air purity and
advise, consult and cooperate with other agencies, persons or groups in matters pertaining to
air pollution;
7. Prescribe and provide, at its discretion, for payment and collection of reasonable fees for the
review of plans and specifications required to be submitted pursuant to this Chapter. Such fees
shall be deposited with the Metropolitan Treasurer and shall be used to supplement the budget
of the Metropolitan Health Department.
8. Adopt, promulgate and enforce such other rules and regulations which the Board deems
necessary to carry out the provisions of this Chapter; provided, that nothing in this Chapter
shall be deemed to grant the Board any jurisdiction or authority with respect to air pollution
existing solely within commercial or industrial plants, works or shops or to affect the
relationship between employers and employees with respect to or arising out of any condition
of air pollution, so long as such internal pollution does not affect the ambient air outside the
plant, works or shops.
C. In addition to any other power granted to it by this Chapter, the Board is granted the authority to
assess a civil penalty in an amount not to exceed the sum of twenty five thousand ($25,000.00)
dollars per day for each day of violation against any person in violation of this Chapter or of any
regulation adopted pursuant to this Section.
1. The assessment of a civil penalty shall be made by the Director against any person determined
to be in violation of this Chapter or of any regulation adopted by the Board pursuant to this
Section. Notice of such assessment shall be provided by certified mall, return receipt
requested.
2. Any person against whom an assessment is made by the Director may appeal to the Board by
filing a request with the Director for review by the Board. Request for review by the Board
must be made in writing and ified within thirty days of the receipt of the assessment and shall
state with particularity the grounds for the appeal. Any such appeal shall stay the effect of the
assessment.
3. Failure to appeal the assessment within thirty days shall be a waiver of the right to appeal and
be deemed as consent to the assessment which shall become final upon approval by the Board.
4. Any assessment of civil penalty appealed to the Board shall be heard pursuant to the provisions
of the contested cases provisions of the Uniform Administrative Procedures Act, Tennessee
Code Annotated, Titie 4, Chapter 5, Part 3. The assessment of civil penalty shall be upheld
unless the preponderance of the evidence shows that the assessment was unlawfully levied or
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unreasonably severe.
5. No assessment of civil penalty, whether brought to the Board by appeal or for confirmation by
the Director, shall be final until such assessment is approved by the Board at any regular
meeting or duly called special meeting. The Board may alter or modi1 ’ the terms of any civil
penally, but any increase in the amount of civil penalty or which otherwise imposes a greater
burden upon the person against whom the penalty is assessed shall not become final until such
person receives written notice thereof and is provided the right to petition the Board for
modification of such assessment in the same manner as an appeal form assessment of civil
penalty by the Director.
6. The Director may enter into consent decrees with any person in violation of this Chapter or of
any regulation adopted pursuant to this Chapter, and, after approval by the Board shall have
the same effect and be enforceable in the same manner as a civil penalty.
7. The Board may cause an action to be filed with the chancery court for Davidson County for
judgment to enforce any final assessment of civil penalty or consent decree and for any
execution of any judgment so obtained.
8. In assessing a civil penalty, the Director and the Board may consider all factors listed in
Section 10.56.100, and may include any expenses and actual damages incurred by the
Metropolitan Government in investigating, removing, correcting or cleanup of the effects of
the violation, including loss or destruction of plant or animal life.
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SECTION 10.56.100: Board - Consideration of Facts and Circumstances
In the exercise of its powers to prevent, abate and control air pollution, the Board shall give due
consideration to such pertinent facts and circumstances, including, but not limited to:
A. The character and degree of injury to, or interference with, the protection of the health, general
welfare and physical property of the residents of the Metropolitan Government area;
B. The social and economic value of the air pollutants source;
C. The degree of detrimental effect of the air pollutants upon the achievement of the national ambient
air quality standard for such pollutant;
D. The technical practicability and economic reasonableness of reducing or eliminating the emission of
such air pollutants;
E. The suitability or unsuitability of the air pollution source to the area in which it is located; and
F. The economic benefit gained by the air pollutants source through any failure to comply with the
provisions of this Chapter and regulations adopted pursuant to this Chapter.
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SECTION 10.56.110: Rules and Regulations - Hearings Procedure
A. No standard, rule or regulation shall be adopted by the Board pursuant to Section 10.56.090, and
no amendment, repeal or modification thereof, shall take effect except after a public hearing has
been held regarding the matter in question. At the discretion of the Board, the hearing may be
held before the Board or a hearing officer, as defined under the Uniform Administrative
Procedures Act, Tennessee Code Annotated, Section 4-5-30 1, designated by the Board for such
purpose.
B. Hearings shall be conducted in the following manner:
1. A public notice of any and all public hearings pursuant to this Chapter shall be given at least
thirty days prior to the scheduled date of the hearing by public advertisement on three
consecutive days in a newspaper or newspapers of general circulation within the Metropolitan
Government area, giving the date, time, place and purpose of such hearing.
2. At such hearings, opportunity to be heard with respect to the subject thereof shall be given to
any interested person. Any interested persons, whether or not heard, may submit, in writing,
a statement of their views on the proposed rules and regulations prior to or within seven days
subsequent to such hearings.
3. No rule or regulation of the Board, or any amendment, repeal or modification thereof, shall be
deemed adopted or in force and effect until it shall have been approved, in writing, by at least
the majority of the members to which the Board is entitled and the same shall have been
approved by the Director of law as to its legality and a certified copy thereof has been filed
with the Metropolitan Clerk.
4. Any person heard or represented at such hearing or requesting notice shall be given, without
charge, written notice of the action of the Board with respect to the subject thereof. A
reasonable record shall be made and maintained of any such public hearing and the testimony
at such hearing may or may not be under oath, at the discretion of the board. Copies of the
proceedings at the public hearing shall be made available only upon the payment of the fee
therefore, which fee shall be set by the Board of Health.
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SECTION 10.56.120: Complaint Notice - Hearings Procedure
A. In addition to th other remedies available, the Director is authorized to file with the Board a
complaint of an alleged violation, and the Board may cause to have issued and served upon the
person complained against a formal notice of complaint, which shall specify the provision of this
Chapter of which such person is said to be in violation and a statement of the mnnner and extent to
which, if applicable, such person is said to violate this Chapter, and shall require the person
complained against to answer the charges of such formal complaint at a hearing before the Board.
B. Such Hearing shall be conducted pursuant to the provisions of the contested cases provisions of the
Uniform Administrative Procedures Act, Tennessee Code Annotated, Title 4, Chapter 5,
Part 1.
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SECTION 10.56.130: Variances - Hearings Procedure
A. Any person seeking a variance from the provisions of this Chapter or from the rules and
regulations adopted by the Board pursuant to this Chapter shall do so by filing a petition for
variance with the Director. The Director shall promptly investigate such petition and make
recommendation to the Board as to the disposition thereof.
B. The Board may grant such variance if it finds that:
1. a. The emission occurring, or proposed to occur, do not endanger or tend to endanger human
health or safety, and
b. Compliance with the provisions of this Chapter and the rules or regulations from which
variance is sought would produce serious hardship without equal or greater benefits to the
public;
2. The emissions occurring, or proposed to occur, do not have a serious adverse effect on the
quality of the ambient air of Davidson County and of adjacent counties;
3. The owner or operator of the source agrees that upon the expiration of the order granting the
variance that he/she will use any new means of emission limitation demonstrated to the
satisfaction of the Board to be the best available system of continuous emission reduction for
the particular source or sources for which the variance is granted;
4. Such new means of emission limitation or not likely to be used unless a petition is granted
under this subsection;
5. Such new means of emission limitation have a substantial likelihood of:
a. Achieving greater continuous emission reduction that the means of emission limitation
which, but for such variance, would be required, or
b. Achieving an equivalent continuous reduction at lower cost in terms of energy, economic
or nonair quality environmental impact;
6. Compliance with the source would be impracticable prior to or during the installation of such
new means.
C. Upon receiving the recommendation of the Director, the Board shall grant a public hearing. Such
public hearing shall be held not later than sixty days after receipt of a recommendation from the
Director.
.D. Public hearings will be conducted in the following manner:
1. The petitioner and the public shall be given written notice at the earliest practicable time as to
the time and place of such hearing.
2. At the discretion of the Board, such hearing before a hearing officer may be conducted as
defined by the Uniform Administrative Procedures Act, Tennessee Code Annotated, Section 4-
5-30 1, and a complete record of the hearing shall be made for review by the Board members.
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3. All testimony shall be recorded and may or may not be under oath, at the discretion of the
hearing officer. The transcript so recorded shall be made available to the petitioner or any
party to the hearing upon the payment of the fee for transcribing such testimony.
4. The Board in considering the granting of a variance shall give due consideration to the equities
of the petitioner and others who may be affected by granting or denial of the petition.
5. The Board may make the granting of a petition for variance contingent upon such other
requirements or restrictions on the petitioner as the Board may deem appropriate and
reasonable, including, but not limited to, the requirement that a performance bond be posted
by the petitioner.
6. Any variance granted shall be for a period not to exceed one year, except as hereinafter
provided, but may be extended from time to time by the action of the Board.
E. Subject to the conditions of Subsections A and B of this Section, the Board may grant a variance
on the grounds that there is no practicable means known or available for the adequate prevention,
abatement or control of the air pollutant source involved, and, if granted, such variance may
remain in effect only until the necessary means for prevention, abatement or control become known
and available, and subject to the taking of any substitute or alternate measures that the Board may
prescribe.
F. If the variance is granted on the grounds that compliance with the particular requirement or
requirements from which variance is sought will necessitate the taking of measures which, because
of their extent or cost, must be spread over a considerable period of time, it shall be for a period
nol to exceed such reasonable time, as in the view of the Board, is requisite for the taking of the
necessary measures. A variance granted on the grounds specified herein shall contain a timetable
for the taldng of action in an expeditious manner and shall be contained on adherence to such
timetable.
G. Upon failure of the Board to issue a final order or determination within sixty days after the final
argument in any such hearing or within sixty days following receipt of the recommendation of the
Director when no hearing is held, the petitioner shall be entitled to treat for all purposes such
failure to act as a granting of the variance requested.
H. The burden of proof in such hearings shall be upon the petitioner.
I. Nothing in this Section, and no variance or renewal thereof granted pursuant hereto, shall be
construed to prevent or limit the application of the emergency provisions and procedures of this
Chapter to any person or his property.
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SECTION 10.56.140: Emergency Measures - Hearings Procedure
A. Any other provisions of law to the contrary notwithstanding, if the Director finds that a
generalized condition of air pollution exists and that it creates an emergency requiring immediate
action to protect human health or safety, the Director shall order persons causing or contributing to
the air pollution to reduce or discontinue immediately the emission of air contaminants.
B. Upon issuance of any such order, the Director shall fix a place and time, not later than twenty-four
hours thereafter, for a hearing to be held before the Board. Such hearing shall be held in
conformity with the provisions of Section 10.56.120, insofar as applicable. Not more than twenty-
four hours after the commencement of such hearing, and without adjournment thereof, the Board
shall affirm, modify or set aside the order of the Director.
C. In the absence of a generalized condition of air pollution of the type referred to in Subsection A of
this Section, if the Director finds that emissions from the operation of one or more contaminant
sources is causing or may tend to cause imminent danger to human health or safety, he may order
the person to reduce or discontinue operations immediately, without regard to the provisions of this
Chapter. In such event, the requirements for hearing affirmance, modification, or setting aside of
orders set forth in Subsection B of this Section shall apply.
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SECTION 10.56.150: Nuisance Declared - Injunctive Relief
A. Any person violating the provisions of this Chapter by exhausting into the atmosphere an air
contRminant in excess of that permitted by this Chapter is declared to be creating a nuisance.
B. The Board may cause to be instituted a civil action in any court of competent jurisdiction or
injunctive relief to prevent violation of any Section of this Chapter.
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ARTICLE II. STANDARDS FOR OPERATION
SECTION 10.56.160: Ambient Air Quality Standards
A. The primary ambient air quality standards define levels of air quality believed adequate with an
appropriate margin of safety to protect the public health.
B. The secondary ambient air quality standards define levels of air quality believed adequate with an
appropriate margin of safety to protect the public welfare from any known anticipated adverse
effects of the pollutant.
C. The ambient air quality standards of Table 10.56.160 are applicable throughout Metropolitan
Nashville and Davidson County. The ambient air quality standards of Table 10.56.160 shall not be
construed or interpreted to allow any significant deterioration of the existing air quality in any area
of Metropolitan Nashville and Davidson County.
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9
TABLE 10.56.160
PRIMARY STANDARD SECONDARY STANDARD
POLL. CONC. AVERAGE CONC. AVERAGE REMARK
INTERVAL INTERVAL
PM 10 150 uglm’ 24-hr 150 uglm’ 24-hr This standard is attained
when the expected number
of days per calendar year
with a 24-hr average conc.
above 150 ug!m’ as
determined in accordance
with Appendix K of Title
40, CFR Part 50, is less
than or equal to one.
50 uglm’ AAM 50 ug/m’ AAM This standard is attained
when the expected annual
arithmetic mean cone., as
determined in accordance
with Appendix K of Title
40, CFR Part 50, is less
than or equal to 50 uglm ’.
SO 2 0.03 ppm 4AM 0.50 ppm 3-hr Annual arithmetic mean
0.14 ppm 24-hr not to be exceeded more
than once a year.
CO 35.0 ppm 1-hr 35.0 ppm 1-hr Not to be exceeded more
than once a year.
9.0 ppm 8-hr 9.0 ppm 8-hr Not to be exceeded more
than once a year.
Ozone 0.12 ppm 1-hr 0.12 ppm 1-hr This standard is attained
when the expected No. of
days per calendar year
with maximum hourly
average conc. above 0.12
ppm is equal to or less
than one.
NO 3 100 uglm ’ 4AM 100 ugP ” 4AM Annual arithmetic mean.
Lead 1.5 ug/m’ QAM 1.5 ug)m’ QAM Calendar Quarter
arithmetic mean.
Gaseous 1.5 ppb 30-day 1.5 ppb 30-day Not to be exceeded more
Florides 2.0 ppb 7-day 2.0 ppb 7-day than once a year.
3.5 ppb 25-hr 3.5 ppb 24-hr
4.5 ppb 12-hr 4.5 ppb 12-hr
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SECTION 10.56.170: Emission of Gases, Vapors or Objectionable Odors
No person shall cause, suffer, allow or permit any einissiou of gases, vapors or objectionable odors
beyond the property line from any source whatsoever which causes injury, detriment, nuisance or
annoyance to any considerable number of persons or to the public, or which causes or has a natural
tendency to cause injury or damage to business or property.
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SECTION 10.56.180: Laundry Operations - Dryer and Vent Pipe Requirements
No person shall operate a laundry, dry cleaning plant or similar operation unless the following
conditions are met:
A. All driers shall be equipped with lint filters which will substantially prevent the expulsion of
materials harmful to the public.
B. Provision shall be made so that all vent pipes carrying solvent vapor are not directed toward any
building openings within twenty feet.
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SECTION 10.56.190: Controlling Wind-Borne Materials
A. No person shall cause, suffer, allow or permit the handling, transporting or disposition of any
substance or material which is likely to be scattered by the wind, or is susceptible to being wind-
borne, without taldng adequate precautions or measures to minimize atmospheric pollution.
B. Vehicles carrying the material subject to becoming airborne operating on public streets, roads or
highways shall cover their load with a tarpaulin, canvas or other means acceptable to the Director.
C. No person shall maintain, cause, permit or allow to be maintained any premises, open area, right-
of-way, storage pile of materials, any construction, alteration, demolition or wrecking operation, or
any other enterprise which involves any material or substance likely to be scattered by the wind or
susceptible to being wind-borne, without applying all such reasonable measures as may be
necessary or required to prevent particulate matter from becoming airborne, including, but not
limited to, paving, or frequent cleaning of roads, driveways and parking lots, application of dust-
free surfaces, or the planting and maintenance of vegetative ground cover.
D. In addition, all parking areas containing spaces for ten or more motor vehicles shall be surfaced
with asphalt, concrete, or other hard-surfaced dustless material.
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SECTION 10.56.200: Sale, Use or Conswnption Of Solid And Liquid Fuels
A. 1. It is unlawful for any person to sell to burn, in any fuel-burning equipment, any solid or liquid
fuel containing in excess of two percent sulfur by weight. If such fuel is not reasonably
available, an application for exemption may be made to the Board, and the Board, after
considering the factors set forth in this Subsection, shall allow exemption from this provision
when the applicant demonstrates that their activities do not result in the condition of air
pollution defined in Section 10.56.010.
2. In determining reasonable availability, the factors to be considered by the Board shall include,
among others: price, firmness of supply, extent of existing pollution and assurance of supply
under adverse weather and natural disaster conditions.
3. The Board, at its discretion, may review such exemptions from time to time and revise same
when it finds such changes in circumstances which require additional action on the part of a
fuel user to protect the air.
B. 1. Subsection A of this Section shall not apply to any case in which by the use of a combination
of gas, liquid or solid fuel it is demonstrated to the Director that sulfur oxide emissions,
caused by the combustion of any solid or liquid fuel, or any fuel-burning equipment or from
any stack connected thereto, does not exceed the sulfur oxidq emissions of burning two percent
sulfur fuel.
2. Any person seeking to come within this Subsection B of this Section shall install and operate a
continuous monitoring device, approved by the Director, to monitor sulfur dioxide emissions,
on the stack of any installation where the combination of fuels is being used to control sulfur
oxide emissions. The sulfur dioxide emission record, along with the record of fuel
consumption and a fuel analysis, shall be submitted to the Director each month.
C. 1. Subsection A of this Section shall not apply in any case in which, by the use of a cleaning
process, it is demonstrated to the Director that sulfur oxide emissions, caused by the
combustion of any solid or liquid fuel, of any fuel-burning equipment or from any stack
connected thereto, does not exceed the sulfur oxide emissions of burning two percent sulfur
fuel.
2. Any person seeking to come within this Subsection C of this Section shall conduct, at the
expense of the company or industries, a series of detailed stack analyses, the method of
sampling must be approved by the Director, within thirty days of the installation of this
cleaning process, and the performance data must be submitted to the Director for evaluation.
The owner or operator shall install and operate a continuous monitoring device, approved by
the Director, to monitor Sulfur dioxide emissions. This sulfur dioxide emission record shall be
submitted to the Director each month. Tests to determine compliance with this Section shall
be performed as provided in Section 10.56.300.
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SECTION 10.56.210: Hazardous Air Pollutants
A. Hazardous air pollutant means any air pollutant listed by the Administrator of the EPA pursuant to
Section 112 of the Act, 74 U.S.C. Paragraph 7412.
B. Any owner or operator of a hazardous air pollutant source must comply with any applicable
standard emission standard or any other applicable requirement established by the Administrator of
the EPA pursuant to Section 112 of the Act.
C. The owner or operator of a hazardous air pollutant source in existence on the effective date of
designation of a hazardous air pollutant shall, within six (6) months from the date, file with the
Director the necessary information to evaluate the compliance status of said source.
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10. 56. 220
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SECTION 10.56.220: Fuel-Burning Equipment
A. The emission of particulate matter resulting from the combustion of solid fuel from any installation
of fuel-burning equipment or any stack connected thereto existing before the effective date of this
Chapter in quantities exceeding the values specified in Table I of this Subsection is prohibited.
The maximum allowable particulate emission limits as given in this Section are based upon the total
plant rate of heat input to one or more stacks. Where natural gas or liquefied petroleum gas is
used as a fuel, the BTU heat input from these fuels shall not be included.
TABLE I
Total Heat Input in
Million BTU!Hr.
Maximum Emission Rate
in Pounds Per
Million BTU Input
lOorless
0.60
20
0.50
50
0.39
100
0.33
500
0.22
1,000
0.18
5,000
0.12
10,000 or greater
0.10
Interpolation of the date in Table I shall be accomplished by the use of the
equation:
E= 1.09(03 -0.2594
Where E= emissions in pounds per million BTU input, Q= total heat input in million
BTU per hour.
B. The emission of particulate matter resulting from the combustion of solid fuel from any installation
of fuel-burning equipment or any stack connected thereto beginning operation on or after the
effective date of this Chapter, in quantities exceeding the values specified in Table II of this
Subsection is prohibited.
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TABLE II
Total Heat Input in
Million BTUIHr.
Maximum Emission Rate
in Pounds Per
Million BTU Input
10 or less
20
50
100
200
250 or greater
0.60
0.41
0.24
0.16
0.10
0.10
Interpolation of the data in Table 11 shall be accomplished by the use of the
equation:
E = 2.16(Qy°
Where E = emissions in pounds per million BTU input, Q = total heat input in
million BTLJ per hour.
C. The emissions of particulate matter resulting from the combustion of distillate oil from any
installation of fuel-burning equipment or any stack connected thereto shall not exceed 0.02 pounds
per million BTU heat input.
D. The emissions of particulate matter resulting form the combustion of residual oil from any existing
installation of fuel-burning equipment or any stack connected thereto shall not exceed 0.15 pounds
per million BTU heat input. For any installation constructed after the effective date of this
Chapter, the emission of particulate matter resulting from the combustion of residual oil shall not
exceed 0.15 pounds per million BTtJ heat input or the value specified in Table II, whichever is
more restrictive.
E. Irrespective of the emission standards of this Section, the Metropolitan Board of Health, by
regulation, may speci1 ’ emission standards for all new, modified or existing fuel-burning
equipment sources located within or impacting a nonattainment area.
F. No new coal-burning equipment of less than one million BTU per hour input shall be installed,
excluding all potbellied stoves.
G. The operation of hand-fired fuel-burning equipment is prohibited. This Subsection shall not apply
to fuel-burning equipment used exclusively for heating a dwelling of less than three dwelling units
or the burning of wood as a fuel in residential fireplaces.
H. The burning of refuse in fuel-burning equipment is prohibited, except in equipment specifically
designed to burn refuse.
I. Tests to determine compliance with this Section shall be performed as provided for in Section
10.56.300.
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SECTION 10.56.230: Incinerators
A. No person shall bum any refuse in any incinerator except in an incinerator having a rated capacity
of one hundred pounds per hour or greater, with adequate auxiliary heat or other approved means
to prevent air pollution or an air pollution nuisance. This requirement of a capacity of one
hundred pounds per hour shall not apply to incinerators designed for and used exclusively as
pathological incinerators.
B. No person shall cause, suffer, allow or permit the emissions from any incinerator, having a charge
rate of two thousand pounds per hour or less, particulate matter in quantities exceeding two-tenths
grain per standard dry cubic foot of flue gases, adjusted to twelve percent carbon dioxide by
volume excluding the contribution of auxiliary fuel.
C. No person shall cause, suffer, allow or permit the emissions from any incinerator, having a charge
rate greater than two thousand pounds per hour, particulate matter in quantities exceeding eight
one-hundredths grain per standard dry cubic foot of flue gases, adjusted to twelve percent carbon
dioxide by volume excluding the contribution of auxiliary fuel.
D. Irrespective of the emission standards of this Section, the Metropolitan Board of Health, by
regulation, may specify emission standards for any new, modified or existing incinerator located
within or impacting on a nonattainment area.
E. Tests to determine compliance with this Section shall be performed as provided in Section
10.56.300.
F. This Section shall not apply to any incinerator covered by any regulation duly adopted by the
Board in accordance with Section 10.56.090.
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10. 56. 240
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SECTION 10.56.240: Internal Combustion Engines
A. No person shall cause, suffer, allow or permit the emission of visible air contaminants, the shade
or appearance of which is dark or darker than No. 2 on the Ringlemann Smoke Chart or forty
percent opacity.
B. It is unlawful for any pollution-control device required by the Environmental Protection Agency,
the Air Pollution Control Board of the State or the Metropolitan Health Department for the control
of air pollution from motor vehicles to be removed or attended in any way to make them partially
or completely inoperable.
C. All buses and trucks registered in the Metropolitan Government are shall be equipped with smoke
and odor elimination equipment within twelve months after which one or more such devices have
been approved by the Department or by the U.S. Department of Health, Education and Welfare.
D. The Board may, by rule or regulation, promulgate, require and enforce programs of inspection and
maintenance for vehicles propelled by internal combustion engines; however, such rules and
regulations shall only become effective upon the approval by resolution of the Council of the
Metropolitan Government of Nashville and Davidson County. The Board may, at its discretion,
prescribe reasonable fees for inspections and provide for the payment and collection of such fees.
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SECTION 10.56.250: Open Burning
No person shall cause, suffer, allow or permit open burning, except as specifically permitted in this
Chapter:
A. Ceremonial or recreational fires of reasonable size and duration; such fires may not contain
material such as plastics, rubber or similar refuse;
B. Fires set for the training and instruction of public or private firefighting personnel when approval is
received from the Director;
C. Smokeless or safety flares;
D. Fires used for outdoor cooking where done with equipment or fireplace designed for such purposes
and in a manner not offensive to persons in the vicinity thereof;
E. Fires used for disposing of materials grown on that tract of land, when done with approved device,
at sites approved by the Director, and with a valid permit from the Director;
F. Such other open burning as may be approved by the Director where there is no other practical,
safe and lawful method of disposal;
G. Fires used for disposing of leaves, yard clippings and small tree limbs (less than three inches in
diameter) grown on land zoned residential for not more than a single-family or two-family dwelling
shall be permitted by the owner of such land without approval of the Director of Health, provided
the property owner has notified the Public Works Department to pick up such material and the
Public Works Department has not picked up such material within thirty days after notification.
Provided further, that the requirement of notice to the Public Works Department shall not be
required of property owners in the general services district.
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SECTION 10.56.260: Process Emissions
This Section applies to any operation, process or activity except the burning of fuel for indirect
heating in which the products of combustion do not come into direct contact with process materials and
except the burning refuse.
A. No person shall cause, permit, suffer or allow the emission of gas containing sulfur oxides in
excess of five hundred ppm (volume). All sampling of exhaust gases to determine compliance with
this Section shall be performed as provided in Section 10.56.300. For the purposes of this Section,
all sulfur present in gaseous compounds and containing oxygen shall be deemed to be present as
sulfur dioxide. Regardless of the emission standard listed in this Subsection, new sources shall
utilize the best available control technology as determined by the Director.
B. Process weight per hour means the total weight of all materials introduced into any specific process
that may cause any emission of particulate matter. Solid fuels charged are considered as part of
the process weight, but liquid and gaseous Tuels and combustion air are not. For a cyclical or
batch operation, the process weight per hour is derived by dividing the total process weight by the
number of hours in one complete operation from the beginning of any given process to the
completion thereof, excluding any time during which the equipment is idle. For a continuous
operation, the process weight for a typical period of time.
C. No person shall cause, suffer, allow or permit the emission of particulate matter in any one hour
from any existing process source in excess of the amount shown in Table ifi of this Subsection for
the process weight allocated to such source.
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TABLE ifi
ALLOWABLE RATE OF EMISSION
BASED ON PROCESS WEIGff RATE
Process Weight Rate Rate of Emissions
Lb/Hr. Tons/Hr. LbIHr.
100 0.50 0.551
200 0.10 0.887
400 0.20 1.40
600 0.30 1.83
800 0.40 2.22
1,000 0.50 2.58
1,500 0.75 3.38
2,000 1.00 4.10
2,500 1.25 4.76
3,000 1.50 5.38
3,500 1.75 5.96
4,000 2.00 6.52
5,000 2.50 7.58
6,000 3.00 8.56
7,000 3.50 9.49
8,000 4.00 10.4
9,000 4.50 11.2
10,000 5.00 12.0
12,000 6.00 13.6
16,000 8.00 16.5
18,000 9.00 17.9
20,000 10.00 19.2
30,000 15.00 25.2
40,000 20.00 30.5
50,000 25.00 35.4
60,000 30.00 40.0
70,000 35.00 41.3
80,000 40.00 42.5
90,000 45.00 43.6
100,000 50.00 446
120.000 60.00 46.3
140,000 70.00 47.8
160.000 80.00 49.0
200,000 100.00 51.2
1,000,000 500.00 69.0
2,000,000 1,000.00 77.6
6,000,000 3,000.00 92.7
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Pri,ued on:December 6, 19%
Interpolation of the data in Table ifi for process weight rates up to sixty thousand
pounds per hour shall be accomplished by the use of the equation:
E = 4.10 P°
and interpolation and extrapolation of the data for process weight rates in excess of
sixty thousand pounds per hour shall be accomplished by use of the equation:
E = 55.0 P° 11 -40,
where E = rate of emission in pounds per hour and P = process weight rate in tons
per hour.
D. No person shall cause, suffer, allow or permit the emission of particulate matter from any process
source beginning operation on or after the effective date of this Chapter in excess of the amount
shown in Table IV of this Subsection for the process weight allocated to such source.
TABLE 1V
Process Weight Rate Emission Rate
Lbs/Hr Lbs/Hr
50 0.36
100 0.55
500 1.53
1,000 2.34
5,000 6.34
10,000 9.73
20,000 14.99
60,000 29.60
80,000 31.19
120,000 33.28
160,000 34.85
200,000 36.11
400,000 40.35
1,000,000 46.72
Interpolation of the data in Table IV for the process weight rates up to sixty thousand
pounds per hour shall be accomplished by the use of the equation:
E = 3.59 P° P 30 tons/br,
and interpretation and extrapolation of the data for process weight in excess of sixty
thousand pounds per hour shall be accomplished by the use of the equation:
E = 17.31 P°’ 6 P 30 tons/br,
where E = emissions in pounds per hour and P = process weight rate in tons per
hour.
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E. Irrespective of the maximum allowable emission as determined by either the process weight tables
of Subsections C and D of this Section, the maximum allowable concentration of particulate
process emissions shall be 0.25 grains per dry cubic foot of exhaust gases corrected to standard
conditions.
P. Regardless of the specific emission standards contained in this Section, the Metropolitan Board of
Health may, by regulation, specify separate emission standards for all new, modified or existing
sources located within or impacting upon a nonattainment area.
G. Subsections A through E shall not apply to any new or modified source, construction or
modification which commenced after the date of publication in the Federal Register of Proposed
Standards which will be applicable to such source.
H. No person shall construct an air contaminant source which may emit gaseous air contaminants
unless he shall install and utilize equipment and technology which is deemed reasonable by the
Director.
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SECTION 10.56.270: Visible Emissions
A. No person shall cause, suffer, allow or permit emission of smoke from any air contaminant source,
the shade of appearance of which is as dark or darker than No. 1 of the Ringelmnnn Smoke Chart.
1. The provisions of this Subsection shall not apply to smoke emitted during the cleaning of a
fire, the building of a new fire, or the blowing of soot from boiler surfaces. Under these
conditions, smoke not darker than No. 3 of the Ringelmann Smoke Chart may be emitted for a
period or periods aggregating no more than five minutes in any sixty consecutive minutes or
more than twenty minutes in any twenty-four-hour period.
2. The provisions of this Subsection shall not apply to smoke resulting from any fire ignited for
the purpose of training firemen or for research in fire protection or prevention, nor to
uncontrollable emissions occasioned by breakdowns of fuel-burning equipment or other failure
which is not reasonably preventable, or by the maintaining and repair of air pollution control
equipment.
B. No person shall cause, suffer, allow or permit the discharge into the open air, from any single
source of emission whatsoever, of any air contaminant of such opacity as to obscure an observer’s
view to a degree equal to or greater than does smoke described in Subsection A of this Section;
provided, that this Subsection shall not apply to vision opacity caused by uncombined water
droplets.
C. This Section shall not apply to visible emissions from fuel-burning equipment used exclusively for
heating a dwelling of less than three dwelling units.
D. The provisions of this Section shall not apply to any steam locomotive or steamboat used for
recreational or historical purposes; provided, that such locomotive and steamboat shall operate
without any unnecessary to intentional production of smoke.
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SECTION 10.56.280: Start-ups, Shutdowns and Malfunctions
A. Operators of sources must take all reasonable measures to keep emissions to a minimum during
start-ups, shutdowns and malfunctions. These may include installation and use of alternate control
systems, changes in operation methods or procedures, ceased operation until the process equipment
and/or air pollution control equipment is repaired, maintenance of sufficient spare parts, use of
overtime labor, use of outside consultants and contractors and other appropriate means. Failures
that are caused entirely or in part by poor maintenance, careless operation, or other preventable
upset condition or preventable equipment breakdown shall not be considered a malfunction and
shall be considered a violation of the applicable emission standards.
B. When any fuel-burning equipment, incinerator, control equipment or process equipment breaks
down in such a manner as to cause emissions of an air contaminant in violation of this Chapter, the
person responsible for such equipment shall immediately notif ’ the Director of such failure or
breakdown and provide a statement, giving all pertinent information, including the estimated
duration of the breakdown.
C. A signed and dated log of all malfunctions, all start-ups and all shutdowns must be maintained by
the owner or operator at the source. This log must include at least the following information:
1. Stack or emission point involved;
2. Time malfunction, start-up or breakdown began;
3. Type of malfunction and/or reason for shutdown;
4. Time start-up or shutdown was completed, or time the air contaminant source returned to
normal operation.
D. The owner or operator of all sources located in a nonattainment area or having a significant impact
on air quality in a nonattainment area which reported a breakdown in any calendar quarter must
submit a report to the Director within thirty days after the end of each calendar quarter listing the
times at which malfunctions, start-ups and shutdowns occurred resulting in the discharge of
emissions greater than any applicable emission limitation during this time. This report must
include the magnitude of the excess emissions expressed in pounds per hour and/or the units of the
applicable emission limitation standards and the operating data and calculations used in determining
the magnitude of the excess emission during the quarter.
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SECTION 10.56.290: Measurement and Reporting of Emissions
A. The Director may require any person responsible for emission of air pollutants to make or have
made at the owner’s expense tests to determine the quantity and quality of the emission of air
pollutants from any source. The Director may specify testing methods to be used. The Director
may require that such tests be conducted in the presence of his representative. The Director shall
be given a copy of the test results in writing and signed by the person responsible for the tests. All
tests and calculations shall be made under the direction of a professional engineer registered in the
State or be a graduate of an accredited engineering school, and be experienced in his field of
endeavor.
B. 1. At the completion of any new installation, or any significant alterations, the Director may
require the owner or person responsible to conduct such tests as are necessary to establish the
amount of air pollutants emitted from such equipment or control apparatus. Such tests shall be
made at the expense of the owner and shall be conducted in a manner approved by the
director. The Director may require that such tests be conducted in the presence of his
representative.
2. In all new installations, there shall be provided sampling ports of a size, number and location
as the Director may require, safe access to each port, any other sampling and testing facilities
as the Director may require.
3. Any person proposing to conduct a test for the purpose of demonstrating compliance with an
applicable emission standard shall notify the Director of the intent to test not less than thirty
(30) days prior to the proposed test date. The notification shall contain at least the following:
a. A statement outlining the purpose of the proposed test;
b. A description of the source and emission point to be tested;
c. A detailed description of the test protocol; and
d. A timetable setting forth the dates on which the testing will be conducted and a date
by which the test results will be submitted to the Director.
C. The Director may conduct tests of air pollutants from any source. Upon request of the Director,
the person responsible for the source to be tested shall provide, at not expense to the Board,
necessary holes in stacks or ducts and such other safe and proper sampling and testing facilities,
including a suitable power source, exclusive of instruments and sensing devices as may be
necessary for proper determination of the level of air pollutants.
D. The Director may require the owner or operator of any air pollutant source discharging air
pollutants, at the expense of the owner or operator, to install, use and maintain such monitoring
equipment as the Director shall prescribe, sample such emissions in accordance with methods as
the Director shall prescribe on air pollutant emissions and fuel analyses shall be recorded, compiled
and submitted in a format as prescribed by the Director.
E. The owner or operator of any air pollution source permitted in accordance with the provisions of’
Section 10.56.020 and 10.56.040 must submit to the Director by March 31 of each year the actual
annual emissions of all regulated pollutants emitted by the source during the previous calendar
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year. This information shall be submitted in writing upon forms furnished by the Metropolitan
Health Department. The data must be certified by a company official that the information is
accurate to the best of his knowledge.
(Note: Revision to Section 10.56.290. D and a new paragraph 10.56.290.E were submitted to
EPA on November 16, 1994. However, these revisions were not acted on (61 FR 47055] because
the federal requirement to which the revision pertain is not yet finaL)
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SECTION 10.56.300: Testing Procedures
A. In order to establish a standard procedure for coal and fuel oil analysis, the following procedures
or any subsequent amendment or modification thereof shall be used:
1. The heat content of coal shall be determined according to ASTM method D-271-68 Laboratoiy
Sampling and Analysis of Coal and Coke or ASTM method D-2015-66 Gross Calorific Value
of’ Solid Fuel by the Adiabatic Bomb Calorimeter.
a. The method of determining the ash and sulfur content in coal shall be that described in
ASTM D-27 1-68 Laboratory Sampling and Analysis of Coal and Coke or equivalent
method approved by the Board. All coal analysis and heat contents are to be made on a
dry basis. Moisture contents are to be made on a dry basis. Moisture content of coal is
to be determined in all cases and results recorded to facilitate calculation of actual
pollutants.
b. The method of determining the sulfur content of fuel oil shall be that described in ASTM. -
D-129-54 Standard Method of Test for Sulfur in Petroleum Products and Lubricants by the
Bomb Method. The method for determining heat content of fuel oil shall be that described
in ASTM-D-240-64 Standard Method of Test for Heat of Combustion of Liquids by the
Parr Bomb Calorimeter or other method giving comparable results.
2. The Director is authorized to take any quantity of fuel which he deems necessary for the
purpose of evaluation to determine compliance with this Regulation. Where applicable, the
following sampling methods will by used:
a. For coal: ASTM-D-492-48 (1958) Sampling coal Classified According to Ash Content,
ASTM-D-2013-68 Preparing Coal Sampling for Analysis and ASTM-D-2234-68
Mechanical Sampling of Coal.
b. For oil: ASTM-D-270-65 Tentative Method of Sampling Petroleum Products.
B. Source testing conducted for the purpose of demonstrating compliance with emission standards of
this Chapter shall be by the applicable methods as outlined in Title 40, Code of Federal
Regulations, Part 60, Appendix A, “Reference Methods,” with the exception that for particulate
matter the analytical result shall include the particulate matter collected in the impinger train. For
new stationary sources subject to Federal New Source Performance Standards, the method for
determining concentrations of particulate matter shall be in accordance with the method outlined in
Title 40, Code of Federal Regulations, Part 60, Appendix A.
C. The procedure for sampling and analysis for ambient air concentrations shall be by the applicable
method as outlined in Title 40, Code of Federal Regulations, Part 50, National Primary and
Secondary Ambient Air Quality Standards,” as the same title and part may be amended or
recodified. Any other method that is approved by the Director may be used in accordance with
good professional practice. The procedure for sampling and analyzing atmospheric fluorides shall
conform with the method adopted by the American Society for Testing Materials (ASTM) in 1958
and bearing ASTM designation D-1606-58T.
D. When new analytical methods become available which are superior to the methods stipulated in this
Section, the Board, upon the recommendation of the Director, may approve the new methods as
alternatives to those set forth in this Section.
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10. 56. 310
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SECTION 10.56.310: Severability
Should any court of competent jurisdiction declare any section, clause or provision of this
Ordinance to be unconstitutional, illegal or unenforceable for any other reason, such decision shall
affect only such section, clause, or provision so declared unconstitutional, illegal and unenforceable,
and shall not affect any other section, clause or provision of this Ordinance, it being the intent of the
Metropolitan Council that all other provisions of this Ordinance remain in full force and effect.
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THIS IS THE FEDERALLY APPROVED REGULATION AS OF SEF EMBER 11, 1995
LAST UPDATE: OCTOBER 26, 1995
Date Submitted
to EPA
Date Approved
by EPA
Federal
Register
_Original Revision
August 13, 1973
March 13, 1974
39 FR 9668
1st Revision
June 28, 1979
August 13, 1980
45 FR 53817
2nd Revision
June 03, 1982
October 31, 1983
48 FR 50079
3rd Revision
December 14, 1988
December 12, 1989
54 FR 51029
I_4th Revision
November 16, 1994
July 28, 1995
60 FR 58712
I
5th Revision
November 12, 1993
September 11, 1995
60 FR 47085
6th Revision
November 16, 1994 September 6, 1996
61 FR 47055
i____
r____
I
•
I I
I I
I
I
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Printed: February 13, 1995
METROPOLITAN HEALTH DEPARTMENT
REGULATION NO. 1
Prevention, Abatement and Control of Air Control
Contaminants From Open Burning
As provided for in Section 4-1-19, Chapter Four, Subchapter One of
the Nashville and Davidson County Air Pollution Control Ordinance
of the Code of the Metropolitan Government of Nashville and
Davidson County, Tennessee.
Regulation 1, Page 1
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Printed: February 13, 1995
1. Purpose - This regulation is adopted for the purpose of
preventing, abating, and controlling air pollution caused by air
contaminants discharged into the air from open burning.
2. Definitions ( as used in this regulation
Air Curtain Destructor - A device employing an air blower
with a pit incinerator approved by the Director of Health.
Approved - Means approved in writing by the Director of
Health.
Director - The chief administrative officer of the
Metropolitan Board of Health or his designated
representative.
Open Burning - Any fire from which the products of
combustion are emitted directly into the open air without
passing through a stack or chimney.
3. Open Burning Prohibited
No person shall cause, suffer, allow or permit open burning
except as specifically permitted by this regulation.
4. Exceptions to Prohibition
Open burning as listed below may be conducted, subject to
the specified limitations and provided further that no public
nuisance is or will be created by such open burning. This grant
of exemption shall in no way relieve the person responsible for
such burning from the consequences of or the damages or injuries
resulting from such burning.
a. Domestic burning of leaves and small tree limbs, less
than three inches in diameter, at a residence where
collection for such material is not available. The
determination of availability will be made by the
Director. Burning of tree limbs cut as a commercial
service by tree surgeons or other persons is
prohibited.
b. Ceremonial or recreational fires of reasonable size and
duration. Such fires may not contain material such as
rubber, plastics or similar fuse.
c. Fires set for the training and instruction of public or
private fire-fighting personnel when approval is
received from the Director.
Regulation 1, Page 2
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Printed: February 13, 1995
d. Smokeless emergency or safety flares.
e. Fires used for disposing of materials grown on that
tract land, provided the following conditions are met.
1. Burning is done using an air curtain destructor or
other approved device, at suitable sites as
approved by the Director, when such devices are
operated in a manner satisfactory to the Director,
and with a valid permit obtained from the
Director.
2. The burning will take place on days and hours
designated by the Director. Designated days of
burning will always be tentative, and will be
regulated according to weather conditions.
3. Within the jurisdiction of the Fire Marshal for
the Metropolitan Government of Nashville and
Davidson County, permission must be obtained
indicating that no safety hazard will be created
by this burning.
f. Failure to comply with these conditions will result in
revocation of the permit.
5. Nothing in this regulation is intended to permit any
practice which is a violation of any statute, ordinance or
regulation.
THIS IS THE FEDERALLY APPROVED REGULATION AS OF OCTOBER 11, 1989
LAST UPDATE: OCTOBER 11, 1989
Date Submitted Date Approved Final Federal
to EPA by EPA Register Notice
Original Reg JUN 28, 1979 AUG 13, 1980 45 FR 53810
Regulation 1, Page 3
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Printed: February 13, 1995
METROPOLITAN HEALTH DEPARTMENT
BUREAU OF POLLUTION CONTROL
Regulation No. 2
PREVENTION, ABATEMENT, AND CONTROL OF AIR CONTANINANTS FROM
MATERIALS SUBJECT TO BECOMING WINDBORNE
1. Purpose
This regulation is adopted for the purpose of prevention,
abating, and controlling air pollution caused by material
becoming windborne.
2. Definitions
Approved - Means approved in writing by the Director of
Health or his representative.
Automobile and/or Truck Sales Lot: Any land area used or
intended to be used for the display and/or sale of passenger
automobiles and/or commercial vehicles.
Director - The chief administrative officer of the
Metropolitan Board of Health or his designated
representative.
Parking Lot: Any land area used or intended to be used f or
the storage of passenger automobiles and/or commercial
vehicles.
Particulate Matter: Matter, other than uncombined water,
which is suspended in air or other gases, in a finely
divided form, as a liquid or solid at standard conditions.
Vehicles: A self-propelled mechanism or other apparatus
which is not ordinarily permanently installed in one
location, but is used in various places over a wide area.
3. Automobile and/or Truck Parking and Sales Lot or Private
Roadway-Surfacing: (This section shall not apply to
residential driveways.
No person shall maintain or cause to be maintained any
parking lot or automobile and/or truck sales lot or
machinery sales lot, or use any real property for a private
roadway, or a driveway, or any building, structure, or
Regulation 2, Page 1
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Printed: February 13, 1995
premises, open area, storage pile of material, vessels, or
vehicle, or construction, alteration, demolition, or
wrecking operation, or any other enterprise which has or
involves any matter, material or substance likely to be
scattered by the wind or susceptible to being windborne,
without applying all such reasonable measures as may be
required to prevent particulate matter from becoming
airborne. The Director may require such reasonable measures
as may be necessary to prevent particulate matter from
becoming airborne including but not limited to paving or
frequent cleaning of roads, driveways, and parking lots,
application of dust free surfaces, application of water; and
the planting and maintenance of vegetative ground cover.
4. Handling
It shall be unlawful for any person to cause or permit the
handling, loading, reloading, unloading, storing,
transferring, transporting, or scattering of any material or
other substance which is likely to be scattered by the wind,
or is susceptible to being windborne without taking
reasonable measures or precautions so as to minimize
atmosphe ic pollution.
5. Trucking
Trucks carrying material subject to becoming airborne shall
be operated in such a manner as to keep such airborne
material to a minimum by such measures as wetting the load,
covering the load with canvas, lessening the load, or other
acceptable means.
6. Drilling
It shall be unlawful for any person to conduct drilling in
or through rock unless wet drilling or some other approved
type dust-control devices have been installed to minimize
atmospheric pollution.
7. Sandblasting
It shall be unlawful for any person to conduct a
sandblasting operation without applying all such reasonable
measures as may be required to prevent particulate matter
from becoming airborne. The Director may require such
reasonable measures as shrouding the operator and area being
cleaned, wet sandblasting, or the use of any other approved
type dust-control device to prevent particulate matter from
becoming airborne.
Regulation 2, Page 2
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8. This regulation shall not apply to agricultural operations
including tillage, planting, cultivating, or harvesting
within a field, the moving or livestock on foot, or hauling
of produce within the confines of a farm.
9. Nothing in this regulation is intended to permit any
practice which is a violation of any statute, ordinance, or
regulation.
THIS IS THE FEDERALLY APPROVED REGULATION AS OF OCTOBER 12, 1989
LAST UPDATE: OCTOBER 12 1989
Date Submitted Date Approved Final Federal
to EPA by EPA Register Notice
Original Reg AUG 13, 1980 45 FR 53810
Regulation 2, Page 3
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Printed: February 13, 1995
METROPOLITAN HEALTH DEPARTMENT
BUREAU OF POLLUTION CONTROL
Regulation No. 3
New Source Review
As provided for in Section 4-1-19, Chapter Four, of the
Nashville and Davidson County Air Pollution Control Ordinance of
the Code of the Metropolitan Government and Davidson County,
Tennessee.
TABLE OF CONTENTS
Page
Section 3-1 Definitions 1
Section 3-2 Registration and Permits 17
Section 3-3 Prevention of Significant
Deterioration (PSD) Review 22
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Printed: February 13, 1995
NEW SOURCE REVIEW
SECTION 3-1: DEFINITIONS
As used in this regulation, all terms not defined herein shall
have the meaning given them in Chapter Four, Subchapter One,
Section 4-1-1, luDefinitions,u of the Metropolitan Code of Law.
(a) Actual Emissions - means the actual rate of emissions of a
pollutant from an emissions unit as determined below:
(1) Actual emissions shall equal the average rate, in tons
per year, at which the facility actually emitted the
pollutant during a two-year period which precedes the
particular date and which is representative of normal
operation. The Director may use a different time
period upon determining that it is more representative
of normal operation. Actual emissions shall be
calculated using the facility’s actual operating hours,
production rates, and type of materials processes,
stored, or combusted during the selected time period.
(2) The Director may presume that the source-specific
allowable emissions for the facility are equivalent to
the actual emissiorjs of the facility; or
(3) For any facility which has not begun normal operations
on the particular date, actual emissions shall equal
the potential to emit.
(b) Allowable Emissions - Emission rate calculated by using the
maximum rated capacity of the source (unless the source is
subject to either enforceable permit conditions which limit
the operating rate or hours of operation, or both) and the
most stringent of the following:
(1) The applicable State Implementation Plan Emission
Limitation, or
(2) The emission rate specified as a permit condition.
(c) Attainment Area - Any area which has met the National
Ambient Air Quality Standard for such pollutant.
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(d) Baseline Concentration - Means that the ambient
concentration level which exists in the baseline area at the
time of the applicable minor source baseline date. A
baseline concentration is determined for each pollutant for
which a minor source baseline date is established and shall
include:
(1) The actual emissions representative of sources in
existence on the applicable minor source baseline date,
except actual emissions from any major stationary
source on which construction commenced after the major
source baseline date; and actual emissions increases
and decreases at any stationary source occurring after
the minor source baseline date;
(2) The allowable emissions of major stationary sources
which commenced construction before the major source
baseline date but were not in operation by the
applicable minor source baseline date.
(e) Baseline Date
(1) Ma ’or source baseline date for particulate matter and
sulfur dioxide is January 6, 1975, and for nitrogen
dioxide is February 8, 1988.
(2) Minor source baseline date means the earliest date
after the trigger date on which a major stationary
source or a major modification submits a completed PSD
application. The minor source baseline date for
particulate matter is October 2, 1978, and sulfur
dioxide is November 11, 1978. The trigger date for
nitrogen dioxide is February 8, 1988.
(f) Begin Construction - Means, in general, initiation of
physical on-site construction activities on an emissions
unit which are of a permanent nature. Such activities
include, but are not limited to, installation of building
supports and foundations, laying underground pipework and
construction of permanent storage structures. With respect
to a change in method of operations, this term refers to
those on-site activities other than preparatory activities
which mark the initiation of the change.
(g) Best Available Control Technology (BACT) - An emission rate
based on the maximum degree of reduction, taking into
account energy, environmental and economic impacts, and
other costs. In no event shall application of BACT result
in emissions of any pollutant which will exceed the emission
allowed by the New Source Performance Standards or national
Regulation 3-1, Page 2
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Printed: February 13, 1995
emission standards for hazardous pollutants. If it is
determined that technological or economic limitations on the
application of measurement methodology co a particular
emission unit would make the imposition of an emission
standard infeasible, a design, equipment, work practice,
operational standard, or combination thereof, may be
prescribed to satisfy the requirement for the application of
best available control technology.
(h) Building, Structure, or Facility - Means all of the
pollutant-emitting activities which belong to the same
industrial grouping, are located on one or more contiguous
or adjacent properties, and are under the control of the
same person (or persons under comon control). Pollutant-
emitting activities shall be considered as part of the same
industrial grouping it they belong to the same “Major Group”
(i.e., described by the first two digits in the code which
is specified in the Standard Industrial Classification
Manual, 1972, as amended by the 1977 Supplement (U.S.
Government Printing Office stock numbers 4101-0066 and 003-
005-00176-0, respectively)
(i) Coimnence - Means that an owner or operator has begun or
caused to begin a continuous program of actual on-site
construction of the source, to be completed within a
reasonable time; or ente red into a binding obligation, which
cannot be canceled or modified without substantial loss to
the owner or operator.
(j) Construction - Means any physical change or change in the
method of operation (including fabrication, erection,
installation, or modification of an emission unit) which
would result in a change in actual emissions.
(k) Dispersion Technique - Means any technique which attempts to
affect the concentration of a pollutant in the ambient air
by:
(1) (i) Using that portion of a stack which exceeds good
engineering practice stack height;
(ii) Varying the rate of emission of a pollutant
according to atmospheric conditions or ambient
concentrations of that pollutant; or
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(iii) Increasing final exhaust gas plume rise by
manipulating source process parameters, exhaust
gas parameters, stack parameters, or combining
exhaust gases from several existing stacks into
one stack or other selective handling of exhaust
gas streams so as to increase the exhaust gas
plume rise.
(2) The preceding sentence does not include:
(i) The reheating of a gas stream, following use of a
pollution control system, for the purpose of
returning the gas to the temperature at which it
was originally discharged from the facility
generating the gas stream;
(ii) The merging of exhaust gas streams where:
(A) The source owner or operator demonstrates
that the facility was originally designed and
constructed with such merged gas streams;
(B) After July 8, 1985, such merging is part of a
change in operation at the facility that
includes the installation of pollution
controls and is accompanied by a net
reduction in the allowable emissions of a
pollutant. This exclusion from the
definition of “dispersion techniques” shall
apply only to the emission limitation for the
pollutant affected by such change in
operation; or
(C) Before July 8, 1985, such merging was part of
a change in operation at the facility that
included the installation of emissions
control equipment or was carried out for
sound economic or engineering reasons. Where
there was an increase in the emission
limitation or, in the event that no emission
limitation was in existence prior to the
merging, an increase in the quantity of
pollutants actually emitted prior to the
merging was significantly motivated by an
intent to gain emissions credit for greater
dispersion. Absent a demonstration by the
source owner or operator that merging was not
Regulation 3-1, Page 4
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Printed: February 13, 1995
significantly motivated by such intent, the
reviewing agency shall deny credit for the
effects of such merging in calculating the
allowable emissions for the source;
(iii) Smoke management in agricultural or silvicultural
prescribed burning programs,
(iv) Episodic restrictions on residential woodburning
and open burning; or
(v) Techniques under (1) (iii) which increase final
exhaust gas plume rise where the resulting
allowable emissions of sulfur dioxide from the
facility do not exceed 5,000 tons per year.
(1) Emission Offset - A trade-off of a greater than one-to-one
offset of emissions from an existing stationary source.
(m) Emissions Unit - Means any part of a stationary source which
emits or would have the potential to emit any pollutant
subject to regulation under the Clean Air Act.
(n) Excessive Concentration - Is defined for purpose of
determining good engineering practice stack height under
Paragraph (q) (3)
(1) For sources seeking credit for stack height exceeding
that established under Paragraph (q) (2), a maximum
ground-level concentration due to emissions from a
stack due in whole or part to downwash, wakes, or eddy
effects produced by nearby structures or nearby terrain
features which individually is at least 40 percent in
excess of the maximum concentrations experienced in the
absence of such downwash, wakes, or eddy effects and
which contributes to a total concentration due to
emissions from all sources that is greater than an
ambient air quality standard. For sources subject to
Section 3-3, “Prevention of Significant Deterioration
(PSD) Review,” an excessive concentration alternatively
means a maximum ground-level concentration due to
emissions from a stack due in whole or part to
downwash, wakes, or eddy effects produced by nearby
structures or nearby terrain features which
individually is at least 40 percent in excess of the
maximum concentration experienced in the absence of
such downwash, wakes, or eddy effects and greater than
a prevention of significant deterioration increment.
The allowable emission rate to be used in making
demonstrations under this Regulation shall be
Regulation 3-1, Page 5
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Printed: February 13, 1995
prescribed by the new source performance standard that
is applicable to the source category unless the owner
or operator demonstrates this emission rate to be
infeasible. Where such demonstrations are approved by
the Director, an alternative emission rate shall be
established in consultation with the source owner or
operator.
(2) For sources seeking credit after October 11, 1983, for
increases in existing stack heights up to the heights
established under Paragraph (q) (2), either (1) a
maximum ground-level concentration due in whole or part
to downwash, wakes, or eddy effects as provided in
Paragraph (n) (1) of this Section, except that the
emission rate specified by an applicable State
Implementation Plan (or in the absence of such a limit
the actual emission rate) shall be used, or (ii) the
actual presence of a local nuisance caused by the
existing stack as determined by the authority
administering the State Implementation Plan: and
(3) For sources seeking credit after January 12, 1979, for
a stack height determined under Paragraph (q) (2) where
the authority administering the State Implementation
Plan requires the use of a field study or fluid model
to verify GEP stack height, for sources seeking stack
height credit after November 9, 1984, based on the
aerodynamic influence of cooling towers and for sources
seeking stack height credit after December 31, 1970,
based on the aerodynamic influence of structures not
adequately represented by the equations in Paragraph
(q) (2), a maximum ground-level concentration due in
whole or in part to downwash, wakes, or eddy effects
that is at least 40 percent in excess of the maximum
concentration experienced in the absence of such
downwash, wakes, or eddy effects.
(o) Fixed Capital Cost - Means the capital needed to provide all
the depreciable components.
(p) Fugitive Emissions - Means those emissions which could not
reasonably pass through a stack, chimney, vent, or other
functionally equivalent opening.
(q) Good Engineering Practice - means, in respect to stacks, a
stack height necessary to insure that emissions do not
result in excessive concentrations of any air contaminant in
the vicinity of the source as a result of atmospheric
downwash, wakes, or eddies, which may be created by the
source itself, nearby structures, or nearby terrain
Regulation 3-1, Page 6
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Printed: February 13, 1995
obstacles. The maximum stack height to be used in ambient
air quality modeling for the purpose of new source review or
establishing an emission limitation shall not exceed the
greater of:
(1) 65 meters measured from the ground-level at the
base of the stack; or
(2) (1) For stacks in existence on January 12, 1979,
and for which the owner or operator had
obtained all applicable permits or approvals
required under Chapter Four, Subchapter One,
Section 4-1-16, “Registration and Permits” or
the Metropolitan Code of Law,
Hg = 2.5H
provided the owner or operator produces
evidence that this equation was actually
relied on in establishing an emission
limitation;
(ii) for all other stacks,
Hg = H ÷ l.5L,
where:
Hg = good engineering practice height,
measured from the ground-level elevation
at the base of the stack,
H = height of nearby structure(s) measured
from the ground-level elevation at the
base of the stack,
L = lesser dimension, height or projected
width, or nearby structure(s)
provided that the Director or EPA may require
the use of a field study or fluid model to
verify Good Engineering Practice Stack Height
for the sources, or
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Printed: February 13, 1995
(3) The height demonstrated by a fluid model or a field
study approved by EPA or the Director, which insures
that the emissions from a stack do not result in excess
concentrations of any air contaminant as a result of
atmospheric downwash, wakes, or eddies created by the
source itself, nearby structures, or nearby terrain
obstacles.
(r) Installation - Means an identifiable piece of equipment.
(s) Lowest Achievable Emission Rate (LAER) - That rate of
emission which reflects the most stringent emission
limitation which is achieved in practice or achievable by
such class or category of sources. In no event shall the
application of this term permit a proposed, new, or modified
source to emit any pollutant in excess of the amount
allowable under applicable new source standards of
performance.
(t) Major Modification - Means any physical change in method of
operation of a major stationary source that would result in
a significant net emissions increase of any pollutant
subject to regulations under The Clean Air Act. Any net
emissions increase that is considered significant for VOC
shall be considered significant for ozone.
A physical change or change in the method of operation shall
not include;
(1) Routine maintenance, repair, and replacement;
(2) Use of an alternative fuel or raw material by reason of
an order under sections 2(a) and (b) of the Energy
Supply and Environmental Coordination Act of 1974 (or
any superseding legislation) or by reason of a natural
gas curtailment plan pursuant to the Federal Power Act.
(3) Use of an alternative fuel by reason of an order or
rule under section 125 of the Act;
(4) An increase in the hours of operation or in the
production rate, unless such change is prohibited by an
enforceable permit condition;
(5) Any changes in ownership at a stationary source.
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(u) Major Stationary Source
(1) any stationary source having the potential to emit 100
tons/year or more of any pollutant regulated under The
Clean Air Act, or
(2) any stationary source having an allowable emission
(based on BACT) of more than the following for a
specific pollutant:
Sulfur Dioxide, Carbon Monoxide, and Volatile Organic
Compounds (Any stationary source that is major for VOC
shall be considered major for ozone)
40 tons/year
1,000 lbs/day
100 lbs/hour
Particulate:
25 tons/year
1,000 lbs/day
100 lbs/hour
(3) any physical change or change in the method of
operation of a stationary source not qualifying as a
major modification if the change would constitute a
major stationary source by itself.
(v) Minor Stationary Source - Any stationary source that is not
a major stationary source and is required to obtain a
Construction Permit, in accordance with the provisions of
Section 4-1-16, “Registration and Permits,” of the
Metropolitan Code of Law.
(w) Nearby - As used in Paragraph (q) is defined for a specific
structure or terrain:
(1) for purposes of applying the formulae provided in
paragraph (q) (2) means that distance up to fives times
the lesser of the height or the width dimension of a
structure but not greater than 0.8 km (0.5 mile), and
(2) for conducting demonstrations under paragraph (a) (3)
means not greater than 0.8 km (0.5 mile), except that
the portion of a terrain feature may be considered to
be nearby which falls within a distance of up to 10
times the maximum height of the feature, not to exceed
3.2 km (2 miles) if such feature achieves a height of
0.8 km (0.5 mile) from the stack is greater than or
Regulation 3-1, Page 9
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Printed: February 13, 1995
equal to 40 percent of the GEP stack height determined
by the formulae provided in paragraph (q) (2) or 26
meters whichever is greater, as measured from the
ground-level elevation at the base of the stack.
Cx) (1) Net Emissions Increase - Means the amount by which the
sum of the following exceeds zero:
(1) Any increase in actual emissions from a particular
physical change or change in the method of
operation at a stationary source: and
(ii) Any other increases and decreases in actual
emissions at the source that are contemporaneous
with the particular change and are otherwise
creditable.
(2) An increase or decrease in actual emissions is
contemporaneous with the increase from the particular
change only if it occurs between:
Ci) The date five years before construction on the
particular change commences; and
(ii) The date that the increase from the particular
change occurs..
(3) An increase or decrease in actual emissions is
creditable only if the Director has not relied on it in
issuing a permit for the source under this regulation,
which permit is in effect when the increase in actual
emissions from the particular change occurs.
(4) An increase in actual emissions is creditable only to
the extent that the new level of actual emissions
exceeds the old level.
(5) A decrease in actual emissions is creditable only to
the extent that:
Ci) the old level of actual emissions or the old level
of allowable emissions, whichever is lower,
exceeds the new level of actual emissions; and
(ii) It is legally enforceable at and after the time
that actual construction on the particular change
begins; and
(iii) It has approximately the same qualitative
significance for public health and welfare as that
Regulation 3-1, Page 10
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attributed to the increase from the particular
change as determined by the Director.
(6) An increase that results from a physical change at a
source occurs when the emissions unit on which
construction occurred becomes operational and begins to
emit a particular pollutant. Any replacement unit that
requires shakedown becomes operational only after a
reasonable shakedown period, not to exceed 180 days.
(7) An increase or decrease in actual emissions of sulfur
dioxide, particulate matter or nitrogen oxides which
occurs before the applicable minor source baseline date
is creditable ...only if it is required to be considered
in calculating the amount of maximum allowable
increases remaining available.
(y) Non-attainment Area - Is a geographical area designated by
the Environmental Protection Agency which is shown by
monitoring data or which is calculated by air quality
monitoring, or other methods determined by the Director to
be reliable and approved by the Environmental Protection
Agency, to exceed any national air quality standard for any
pollutant.
(z) Potential to Emit - Means the maximum capacity of a
stationary source to emit a pollutant under its physical and
operational design. Any physical or operational limitation
on the capacity of the source to emit a pollutant, including
air pollution control equipment and restrictions on hours of
operation or on the type or amount of material combusted,
stored, or processed, shall be treated as part of its design
only if the limitation or the effect it would have on
emissions is legally enforceable. Secondary emissions do
not count in determining the potential to emit of a
stationary source.
(aa) Reasonable Available Control Technology (RACT) - Is the
lowest emission limit that a particulate source is capable
of emitting by the application of control technology that is
reasonably available considering technological and economic
feasibility.
(bb) Reasonable Further Progress - Annual incremental reduction
in emissions of the applicable air pollutant which is
significant to provide for attainment of the applicable
National Ambient Air Quality Standard.
(cc) Reconstruction - will be presumed to have taken place where
the fixed capital cost of the new components exceeds 50
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Printed: February 13, 1995
percent of the fixed capital cost of a comparable entirely
new stationary source. Any final decision as to whether
reconstruction has occurred shall be make in accordance with
the provisions of 40 CFR 60.15 (f) (1)-(3) . A reconstructed
stationary source will be treated as a new stationary source
for purposes of this regulation.
(dd) Secondary Emissions - Means emissions which would occur as a
result of the construction or operation of a major
stationary source or modification, but do not come from the
major stationary source or major modification itself. For
the purpose of this section, secondary emissions must be
specific, well defined, quantifiable, and must impact the
same general area as the stationary source or modification
which causes the secondary emissions. Secondary emissions
include emissions from any of fsite support facility which
would not be constructed or increase its emissions except as
a result of the construction or operation of the major
stationary source or major modification. Secondary
emissions do not include any emissions which come directly
from a mobile source such as emissions from the tailpipe of
a motor vehicle, from a train, or from a vessel. This does
not excl tide vessel emission which occur during
loading/unloading at the facility or which are dockside
emissions.
(ee) (1) Significant - Means, in reference to a net emissions
increase or the potential of a source to emit any of
the following pollutants, a rate of emissions that
would equal or exceed any of the following rates:
Pollutant and Emissions Rate
Carbon monoxide:
Nitrogen oxides:
Sulfur dioxide:
Particulate matter:
Ozone:
Lead:
Asbestos:
Beryllium:
Mercury:
Vinyl chloride:
Fluorides:
Sulfuric acid mist:
Hydrogen sulfide (H 2 S:
100 tons per year (tpy)
40 tpy
40 tpy
25 tpy
40 tpy of volatile organic
compounds
0.6 tpy
0.007 tpy
0.0004 tpy
0.1 tpy
1 tpy
3 tpy
7 tpy
10 tpy
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Total reduced sulfur
(including H 2 S) : 10 tpy
Reduced sulfur compounds
(including H 2 S) : 10 tpy,
PM 10 : 15 tpy
- or -
(2) Means any emissions rate or any net emissions increased
which has an impact on a non- attainment area equal to
greater than the following:
Pollutant Annual 24-Hour 8-Hour 3-Hour 1-Hour
PM 10 1.0 ug/m 3 5 ug/m
Sulfur
Dioxide 1.0 ug/rn 3 5 ug/rn 3 25 ug/m 3
Nitrogen
Dioxide 1.0 ug/m 3
Carbon
Dioxide 0.5 mg/m 3 2 mg/rn 3
(3) For the purpose of applying the requirements of Section
3-2(b) to a major source of NO located in an ozone
nonattainment area, the significant emission rates and
other requirements for volatile organic compound in
this Regulation shall apply to NO emissions.
(ff) Stationary Source - Means any structure, building, facility,
or installation which emits or may emit any air pollutant
subject to regulation under the Clean Air Act.
(gg) Volatile Organic Compound (VOC) - means any compound of
carbon, excluding carbon monoxide, carbon dioxide, carbonic acid,
metallic carbides or carbonates, and arnmonium carbonate, which
participates in atmospheric photochemical reactions.
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Printed: February 13, 1995
(1) This includes any such organic compound other than the
following, which have been determined to have
negligible photochemical reactivity: Methane; ethane;
methylene chloride (dichioromethane);
1,1,1-trichioroethane (methyl chloroform);
l,l,l-trichloro-2,2,2-trifluoroethane (CFC-113;
trichlorofluoromethane (CFC-1l);
dichiorodifluoromethane (CFC-12); chlorodifluoromethane
(CFC-22); trifluoromethane (FC-23); 1, 2-dichioro
1,1,2,2-tetrafluoroethane (CFC-114);
chioropentafluoroethane (CFC-115); 1,1,1-trifluoro 2,2-
dichloroethane (I-ICFC-123); 1,1,1,2-tetrafluoroethane
(HFC-134a); l,l-dichloro 1-fluoroethane (HCFC-l4lb);
l-chloro 1,1—difluoroethane (HCFC-142b); 2-chioro-
1,1,1,2-tetrafluoroethane (HCFC-124); pentafluoroethane
(HFC-125); 1,1,2,2-tetrafluoroethane (HFC-134); 1,1,1-
trifluoroethane (HFC-143a); 1,1-difluoroethane (HFC-
152a); and perfluorocarbon compounds which fall into
these classes:
(i) Cyclic, branched, or linear, completely
fluorinated alkanes,
(ii) Cyclic, branched, or linear, completely
fluorinated ethers with no unsaturations,
(iii) Cyclic, branched, or linear, completely
fluorinated tertiary amines with no unsaturations,
and
(iv) Sulfur containing perfluorocarbons with no
unsaturations and with sulfur bonds only to carbon
and fluorine.
(2) For purposes of determining compliance with emissions
limits, VOC will be measured by the test methods in the
approved State Implementation Plan (SIP) or 40 CFR part
60, appendix A, as applicable. Where such a method
also measures compounds with negligible photochemical
reactivity, these negligibility-reactive compounds may
be excluded as VOC if the amount of such compounds is
accurately quantified, and such exclusion is approved
by the enforcement authority.
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(3) As a precondition to excluding these compounds as VOC
or at any time thereafter, the enforcement authority
may require and owner or operator to provide monitoring
or testing methods and results demonstrating, to the
satisfaction of the enforcement authority, the amount
of negligibly-reactive compounds in the source’s
emissions.
(4) For purposes of Federal enforcement for a specific
source, the EPA shall use the test methods specified in
the applicable EPA-approved SIP, in a permit issued
pursuant to a program approved or promulgated under
title V of the Act, or under 40 CFR part 51, subpart I
or appendix S , or under 40 CFR parts 52 or 60. The EPA
shall not be bound by any State determination as to
appropriate methods for testing or monitoring
negligibly-reactive compounds if such determination is
not reflected in any of the above provisions.
(hh) Baseline Area - Means any portion of Davidson County,
Tennessee designated as an attainment area in which a major
source or major modification establishing the minor source
baseline’date would construct or would have an air quality
impact equal to or greater than 1 ug/m- (annual average) of
the pollutant for which the minor source baseline date is
established.
Regulation 3-1, Page 15
-------
Original Reg
1st Revision
2nd Revision
3rd Revision
4th Revision
5th Revision
6th Revision
Date Approved
by EPA
Jun 24, 1982
Oct 31, 1983
Oct 31, 1983
Oct 31, 1983
Dec 20, 1989
Dec 12, 1989
Apr 15, 1994
Federal
Register
47 FR 27267
48 FR 50079
48 FR 50079
48 FR 50079
54 FR 52030
54 FR 51029
59 FR 17938
Printed: February 13, 1995
REGULATION AS OF APRIL 15, 1994
THIS IS THE FEDERALLY APPROVED
LAST UPDATE: JUNE 8, 1994
Date Submitted
to EPA
May 15, 1979
Oct 09, 1981
Jun 03, 1982
Nov 22, 1982
Oct 07, 1986
Dec 14, 1988
Jul 13, 1990 &
Feb 26, 1993
Regulation 3-1, Page 16
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Printed: February 13, 1995
SECTION 3-2: Registration and Permits
The owner or operator of any new or modified stationary source
shall meet the requirements of Section 4-1-16, “Registration and
Permits,” Subsection (a), “Construction Permit,” Chapter Four,
Subchapter One, of the Metropolitan Code of Law. In addition to
the requirements of Section 4-1-16, the owner or operator of any
new or modified stationary source shall meet the applicable
requirements of this regulation.
Irrespective of the emission limitation required in this Section
and Section 3-3, the emission limitation required of any source
for control of any pollutant must not be affected by so much of
any source’s stack height that exceeds good engineering practice
on any other dispersion technique. This provision shall not
apply to stack heights in existence, or dispersion techniques
implemented on or before December 31, 1970, except where
pollutants are being emitted from such stacks or using such
dispersion techniques by sources which constructed, or
reconstructed, or for which major modifications were carried out
after December 31, 1970. This paragraph does not restrict, in
any manner, the actual stack height of any source.
(a) Attainment Area - The Director shall not grant a permit to
construct for any new or modified stationary source if such
construction will interfere with: the attainment or
maintenance of an ambier t air quality standard, operate in
violation of the applicable emission standards of Chapter
Four, significantly impact on the air quality in an
non-attainment area, or violate the provisions of Section
3-3 of this Regulation.
(b) Non-attainment Area - The Director shall not grant a permit
to construct for any ne v or modified stationary source in a
non-attainment area, nor to any stationary source that
significantly impacts on a non-attainment area if such
construction will interfere with reasonable further progress
in the attainment of the specific air quality standard or
will violate the provisions of Section 3-3 of this
Regulation. Before the Director can issue a Construction
Permit to a major source, all other facilities operated by
the applicant in the State of Tennessee must be in
compliance or on an Federally approved compliance schedule.
Before the Director can issue a permit to construct, any new
or modified stationary source must meet the following
requirements:
Regulation 3-2, Page 1
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Printed: February 13, 1995
(1) A minor stationary source or modification, other than a
major modification shall:
(i) Utilize best available control technology (BACT)
as specified by the Director; and,
(2) A major stationary source or major modification shall:
(1) Meet the lowest achievable emission rate (LAER)
for that type of source as determined by the
Director; and,
(ii) Demonstrate that by the time the proposed source
or modification is to commence operation,
sufficient emission offsets should be in effect
such that the total emissions from existing
sources in the area, from new or modified sources
which are not major stationary sources, and from
the proposed source or modification will be
sufficiently less than the total emissions from
existing sources prior to the application for such
permit to construct or modify so as to request
reasonable further progress as defined in Section
3-1 of the Regulation.
The emission offset must be in effect and legally
enforceable on or before the date that the source
or modification is to commence operation and must
be demonstrated by source testing or another
method acceptable to the Director. Emission
offsets will not be allowed which replace one
volatile organic compound with another compound of
lesser reactivity.
For the purpose of satisfying the emission offset
requirement in regard to volatile organic
compounds, the ratio of total emission reductions
to total increased emissions shall be 1.15 to
1.00.
Emission offsets may be achieved by shutting down
an existing source or by permanently curtailing
production or hours of operation below baseline
levels provided that the work force has been
notified or by agreeing to control emissions of
the non-attainment pollutant to a level lower than
the statutory requirement. Source shutdowns and
curtailments in production or operating hours
occurring prior to the date that the new source
application is filed generally may not be used for
Regulation 3-2, Page 2
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Printed: February 13, 1995
emission offset credit.. However, where an
applicant can establish that it shutdown or
curtailed production less than one year prior to
the filing date and the proposed new source is a
replacement for the shutdown or curtailed source,
credit for such shutdown or curtailment may be
applied to offset emissions from the new source.
Emission reductions achieved pursuant to any
statutory requirement are not creditable for
emission offsets. However, a source may achieve
offset credit by agreeing to control emissions of
the non-attainment pollutant to a level lower than
the statutory requirement. Furthermore, emission
reductions achieved indirectly as a result of a
statutory requirement. may be creditable for
emission offsets provided that the emission
reductions meet the requirements of paragraph (ii)
of this section.
(3) A major volatile organic compound stationary source
shall make an analysis of alternate sites, sizes,
pro duction processes, and environmental control
technology for the proposed source. A permit shall
only be issued if the benefits of the proposed source
significantly outweigh the environmental and social
cost. imposed on the public as a result of the source’s
location, construction, or modification. The Director
shall require the submittal of such information as he
deems necessary for this analysis.
(c) The Director shall make a final determination whether
construction should be approved, approved with conditions,
or disapproved within sixty (60) days after receipt of the
completed application, except for stationary sources covered
under Section 3-3 of this regulation.
(d) At such time that. a particular source or modification
becomes a major stationary source or major modification
solely by virtue of a relaxation in an enforceable
limitation which was established after the effective date of
this section, on the capacity of the source or modification
otherwise to emit a pollutant, such as a restriction on
hours of operation, then the requirements of this section
shall apply to the source or modification as though
construction had not yet commenced on the source or
modification.
(e) Prior to approval or disapproval of an application for a
Construction Permit for a new major stationary source or
Regulation 3-2, Page 3
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Printed: February 13, 1995
major modification, the Director shala notify the public by
advertisement in a local newspaper of che analysis of the
effect of such construction or modification on ambient air
quality, and the opportunity for comments at a public
hearing, if a public hearing is requested in writing, as
well as written comments. The Director shall make available
a copy of all materials that the applicant submitted, a copy
of the air quality analysis, and a cop-i or summary of other
materials considered in making the determination.
Regulation 3-2, Page
-------
Printed: February 13, 1995
THIS IS THE FEDERALLY APPROVED REGULATION AS OF APRIL 15, 1994.
LAST UPDATE: JUNE 8, 1994
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg May 15, 1979 Jun 24, 1982 47 FR 27267
1st Revision Oct 09, 1981 Oct 31, 1983 48 FR 50079
2nd Revision Nov 22, 1982 Oct 31, 1983 48 FR 50079
3rd Revision Dec 14, 1988 Dec 12, 1989 54 FR 51029
4th Revision Oct 07, 1986 Dec 20, 1989 54 FR 52030
5th Revision Feb 26, 1993 Apr 15, 1994 59 FR 17938
Regulation 3-2, Page 5
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Printed: February 13, 1995
SECTION 3-3: Prevention of Significant Deterioration
(PSD) Review
(a) In addition to the requirements of Section 3-2, the
following stationary sources are subject to the provisions
of this section:
(1) Any of the following stationary sources which emit or
have the potential to emit 100 tons per year or more of
any pollutant subject to regulation under the Federal
Clean Air Act:
(i) Fossil fuel-fired steam electric plants of more
250 million British thermal units per hour heat
input
(ii) Coal cleaning plants (with thermal dryers)
(iii) Kraft pulp mills
(iv) Portland cement plants
(v)’ Primary aluminum ore reduction plants
(vi) Primary copper smelters
(vii) Municipal incinerators capable of charging more
than 250 tons of refuse per day
(viii) Hydrofluoric, sulfuric and nitric acid plants
(ix) Petroleum refineries
(x) Lime plants
(xi) Phosphate rock processing plants
(xii) Coke oven batteries
(xiii) Sulfur recovery plants
(xiv) Carbon black (furnace process)
(xv) Primary lead smelters
(xvi) Fuel conversion plants
(xvii) Sintering plants
(xviii) Secondary metal production plants
Regulation 3-3, Page 1
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Printed: February 13, 1995
(xix) Chemical process plants
(xx) Fossil fuel boilers (or combinations thereof)
totaling more than 250 million British thermal
units per hour heat input
(xxi) Petroleum storage and transfer units with a total
storage capacity exceeding 300 thousand barrels
(xxii) Tacànite ore processing plants
(xxiii) Glass fiber processing plants
(xxiv) Charcoal production plants.
(xxv) Primary zinc smelters
(xxvi) Iron and steel plants
(2) Any stationary source which emits or has the potential
to emit 250 tons per year or more of any air pollutant
subject to regulation under the Clean Air Act.
(3) Any of the above stationary sources which undertake a
major modification.
(b) This section or portions thereof shall not apply to a
particular stationary source or major modifications in
accordance with the following provisions:
(1) Any stationary source or major modification shall be
exempt from this section with respect to a particular
pollutant if the source is proposing to construct in an
area classified non-attainment for that pollutant.
(2) Any stationary source or modification which would be
subject to the provisions of this section only if
fugitive emissions, to the extent quantifiable, are
considered for calculating potential emissions and
which does not belong to any of the categories of
subparagraph (a) (1) and is not being regulated by
Section 111 or 112 of the Federal Clean Act shall be
exempt from this section.
(3) Any portable major source which has previously received
a permit under this section is exempt form further
review when the owner of operator proposes to relocate
provided that the emissions at the new location would
be temporary, would not exceed the allowable emission
rate, and would not impact any area where an applicable
Regulation 3-3, Page 2
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Printed: February 13, 1995
increment is known to be violated. Notice shall be
given to the Director 30 days prior to the relocation,
giving the new temporary location and the probable
length of operation at the new location.
(4) The requirements of paragraphs (e), (g) and (1) of this
section shall not apply to any stationary source or
major modification with respect to a particular
pollutant if the allowable emission of that pollutant
or the net emission increase of that pollutant would be
temporary and would not impact any area where an
applicable increment is known to be violated.
(5) The requirements of paragraphs (e), (g) and (i) of this
section shall not apply to a major modification at a
stationary source that was in existence on March 1,
1978, if the allowable emission of each pollutant
subject to regulation under the Clean Air Act from the
modification, after the application of best available
control technology, is less that [ sic] 50 tons per
year.
(c) At such time that a particular source or modification
becomes a major stationary source or major modification
solely by virtue of a relaxation in any enforceable
limitation which was established after the effective date of
this section, on the capacity of the source or modification
otherwise to emit a pollutant, such as a restriction on
hours of operation, then the requirements of this section
shall apply to the source or modification as though
construction had not yet commenced on the source or
modification.
(d) Any stationary source or major modification covered by this
section shall apply best available control technology for
each pollutant subject to regulation by the Clean Air Act
that it would have the potential to emit in significant
amounts or for which it would result in a significant net
emissions increase at the source. The best available
control technology determination for phased construction
projects shall be reviewed and modified as appropriate at
the latest reasonable time which occurs no later than 18
months prior to commencement of construction of each
independent phase of the project.
Regulation 3-3, Page 3
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Printed: February 13, 1995
(e) Any stationary source covered by this section shall
demonstrate that allowable emission increases from the
proposed stationary source or modification in conjunction
with all other applicable emission increases or reduction,
(including secondary emissions) would not cause or
contribute to violations of:
(1) any National Ambient Air Quality Standard;
(2) the following maximum increase over the baseline
concentration:
(i) Total Suspended Particulate:
Annual Geometric Mean 19 ug/m 3
24-hour maximum 37 ug/m
(ii) Sulfur Dioxide:
Annual Geometric Mean 20 ug/m 3
24-hour maximum 91 ug/m 3
3-hour maximum 512 ug/m 3
(iii) Nitrogen Dioxide
Annual Arithmetic Mean 25 ug/m 3
(f) All estimates of ambient concentrations required under this
section shall be based on the applicable air quality models,
data bases, and other requirements specified in the
““Guideline on Air Quality Models [ Revised]” (1986), EPA
Publication No. 450/2-78- 027R” and Supplement A (1987)
which are incorporated by reference. Where air quality
impact model specified in the “Guideline On Air Quality
Models” and Supplement A (1987) are inappropriate, the model
may be modified or another model substituted. A
substitution or modification of a model shall be subject to
public comment procedures developed in accordance with part
(j) of this section. Written approval of the Director must
be obtained for any modification or substitution. Methods
like those outlined in the “Workbook for the Comparison of
Air Quality Models” (U.S. EPA, Office of Air Quality
Planning and Standards, Research Triangle Park, N.C. 27711,
April 1977) should be used to determine the comparability
of air quality models.
(g) Any stationary source or major modification covered by this
section shall conduct an analysis of the ambient air quality
in the area that the source would affect for each pollutant
that it would have the potential to emit in significant
amounts or for which it would result in a significant net
emissions increase. Such an analysis shall include:
Regulation 3-3, Page 4
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Printed: February 13, 1995
(1) With respect to any such pollutant for which no
National Ambient Air Quality Standard exists, the
analysis shall contain such air quality monitoring data
as the Director determines is necessary to asses
ambient air quality for that pollutant in the source
impact area.
(2) With respect to any such pollutant(other than non
methane hydrocarbons) for which such a standard does
exist, the analysis shall contain continuous air
quality monitoring data gathered for purposes of
determining whether emissions of that pollutant would
cause or contribute to a violation of the standard or
any maximum allowable increase.
(3) In general, the continuous air quality monitoring data
that is required shall have been gathered over a period
of at least one year and shall represent at least the
year preceding receipt of the application, except that,
if the Director determines that a complete and adequate
analysis can be accomplished with monitoring data
gathered over a period shorter than one year (but not
less than four months), the data that is required shall
have been gathered over at least that shorter period.
(4) The owner or operator of a stationary source or major
modification subject to the provisions of this section
shall, after construction of the source or
modification, conduct such ambient monitoring as the
Director determines is necessary to determine the
effect emissions from the stationary source or
modification may have, or are having, on air quality in
any area.
(5) The owner or operator of any stationary source required
to operate a monitoring station shall meet the
requirements of 40 CFR 58 Appendix B during the
operation of the station for the purpose of satisfying
paragraph (g) of this section.
(6) The Director may exempt a stationary source or
modification from the requirements of paragraph (g)
with respect to monitoring for a particular pollutant
if:
(i) The net emissions increase of the pollutant from
the source or modification would cause, in any
area, air quality impacts less than the following
amounts:
Regulation 3-3, Page 5
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Printed: February 13, 1995
Carbon Monoxide - 575 ug/m 3 , 8-hour average,
Nitrogen dioxide - 14 ug/m 3 , 24-hour average;
Total suspended particulate - 10 ug/m 3 ,24-hour
average;
Sulfur Dioxide - 13 ug/m 3 , 24-hour average
PM 10 - 10 ug/m 3 , 24-hour average
Ozone - No de minimis air quality level has been
established however, any net increase of
100 tons per year or more of volatile
organic compounds subject to PSD would
be required to perform an ambient impact
analysis;
Lead - 0.1 ug/m 3 , 3-mo. average;
Mercury - 0.25 ug/m 3 , 24-hour average;
Beryllium - 0.001 uglm 3 , 24-hour average;
Fluorides - 0.25 0.25 ug/m 3 , 24-hour average;
Vinyl Chloride - 15 0.25 ug/m 3 , 24-hour average;
Total reduced sulfur - 0.25 ug/m 3 , 1-hour average;
Hydrogen sulfide - 0.2 ug/rn 3 , 1-hour average;
Reduced sulfur compounds - 10 ug/m 3 , 1—hour
average; or
(ii) The pollutants are not listed in subparagraph
(6) (1) ;or
(iii) Representative existing air quality data is
available.
(7) For any application that becomes complete, except as to
the requirements of Paragraph (2) and (3) pertaining to
the PM 10 after December 1, 1988, and no later than
August 1, 1989, the data that Paragraph (2) requires
shall have been gathered over at least the period from
August 1, 1988, to the date the application becomes
otherwise complete, except that if the Director
determines that a complete and adequate analysis can be
accomplished with monitoring data over a shorter period
Regulation 3-3, Page 6
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Printed: February 13, 1995
(not to be less than 4 months), the data that Paragraph
(2) requires shall have bee gathered over that shorter
period.
(8) With respect to any requirement for air quality
monitoring of PM 10 the owner or operator of the source
or modification shall use a monitoring method approved
by the Director and shall estimate the ambient
concentrations of PM 10 using the data collected by such
approved monitoring method in accordance with
estimating procedures approved by the Director.
(h) The owner or operator of any proposed stationary source or
major modification shall submit all information necessary to
perform any analysis or make any determination required by
this section. Such information shall include, but may not
be limited to:
(1) A description of the nature, location, design capacity,
and typical operating schedule of the source or
modification, including specifications and drawings
showing its design and plant layout.
(2) A detailed schedule for construction of the stationary
source or modification.
(3) A detailed descrip€ion as to what system of continuous
emission reduction is planned for the stationary source
or modification, emission estimates, and any other
information necessary to determine that best available
control technology would be applied.
(4) The air quality impact of the stationary source or
modification, including meteorological and
topographical data necessary to estimate such emissions
if requested by the Director.
(5) The air quality impacts and the nature and extent of
any or all general commercial, residential, industrial,
and other growth which has occurred since August 7,
1977 in the area the source or modification would
affect if requested by the Director.
Regulation 3-3, Page 7
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Printed: February 13, 1995
(i) (1) The owner or operator shall provide an analysis of the
impairment to visibility, soils and vegetation that would
occur, as a result of the stationary source or modification
and general commercial, residential, industrial, and other
growth associated with the stationary source for
modification. The owner or operator need not provide an
analysis of the impact on the vegetation, having no
significant commercial or recreational value.
(2) If requested by the Director, the owner or operator
shall provide an analysis of the air ouality impact
projected for the area, as a result of the general
commercial, residential, industrial, and other growth
associated with the stationary source or modification.
(j) (1) Within thirty days after receipt of an application to
construct or an addition to such application, the Director
shall advise the applicant of any deficiencies in the
application or in the information submitted. In the event
of such a deficiency, the date of receipt of the application
shall be, for the purpose of this section, the date on which
the Director receives all required information.
(2) Within sixty days after receipt of the completed
application, the Director shall make a preliminary
determination whether construction should be approved,
approved with condition , or disapproved.
(3) Within seventy-five days after receipt of a completed
application, the Director shall notify the public by
advertisement in a local newspaper, of the preliminary
determination, the degree of increment consumption expected
from the stationary source, and the opportunity for comments
at a public hearing, if a public hearing is requested in
writing, as well as written comments. The Director shall
make available a copy of all materials that the applicant
submitted, a copy of the preliminary determination, and a
copy or summary of the other materials considered in making
the preliminary determination.
(4) The Director shall send a copy of the Notice of Public
Comment to the applicant, to the Environmental Protection
Agency, Region IV, Regional Adininistracor, to the State of
Tennessee Air Pollution Control Division, the Mayor of
Metropolitan Nashville and Davidson County, and the
Executive Director of the Metropolitan Planning
Organization.
Regulation 3-3, Page
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Printed: February 13, 1995
(5) The Director shall consider all written comments
submitted and all comments received at any public hearing in
making a final decision. No later than ten days after the
close of the public comment period or after the Public
Hearing, the owner or operator of the stationary source may
submit a written response to any comments submitted by the
public. The Director shall make all comments available for
public inspection.
(6) The Director shall make a final determination whether
construction shall be approved, approved with conditions, or
disapproved within 180 days of receipt of the completed
application.
(7) Approval to construct shall become invalid if
construction is not commenced within 18 months after receipt
of such approval or if construction is discontinued for a
period of 18 months or more or if construction is not
completed within a reasonable time.
Regulation 3-3, Page 9
-------
THIS IS THE
LAST UPDATE:
FEDERALLY APPROVED
JUNE 8, 1994
REGULATION AS OF APRIL 15, 1994
Date Submitted
to EPA
Date Approved
by EPA
Federal
Register
Original Reg
May 15, 1979
Jun 24, 1982
47 FR 27267
1st Revision
Oct 09, 1981
Oct 31, 1983
48 FR 50079
2nd Revision
Jun 03, 1982
Oct 31, 1983
48 FR 50079
3rd Revision
Nov 22, 1982
Oct 31, 1983
48 FR 50079
4th Revision
Jan 06, 1988
Jul 06, 1988
53 FR 25330
5th Revision
Dec 14, 1988
Dec 12, 1989
54 FR 51029
6th Revision
Jul 13, 1990
Apr 15, 1994
59 FR 17938
Regulation 3-3, Page 10
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Printed: February 13, 1995
METROPOLITAN HEALTH DEPARTMENT
Regulation No. 5
Standards of Performance For New Stationary Sources
The following regulation pertains to the emission standards for
new stationary sources and the permitting, testing, and reporting
requirements of any affected facility in Metropolitan Nashville-
Davidson County. This regulation is promulgated as provided for
in Section 4-1-19, Chapter Four, Subchapter One, of the
Metropolitan Code of Law.
Section 1
No person shall construct or operate any stationary source in
such a manner as to fail to comply with any applicable standard
of performance or any other requirement established by the
Environmental Protection Agency, pursuant to Section 111 of the
Federal Clean Air Act.
THIS IS THE FEDERALLY APPROVED REGULATION AS OF OCTOBER 11, 1989.
LAST UPDATE: OCTOBER 11, 1989
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg Aug 13, 1980 45 FR 53810
Regulation 5, Page 1
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Printed: February 13, 1995
METROPOLITAN HEALTH DEPARTMENT
POLLUTION CONTROL DIVISION
Regulation No. 6
EMISSION MONITORING OF STATIONARY SOURCES
As provided for in Section 4-1-19, Chapter Four, of the Nashville
and Davidson County Air Pollution Control Ordinance of the Code
of the Metropolitan Government and Davidson County, Tennessee.
This regulation sets forth the minimum requirements for
continuous emission monitoring, recording and reporting for
stationary sources in Metropolitan Nashville and Davidson County.
This regulation is promulgated as provided for in Section 4-1-19,
“Powers and Duties of the Board,” Chapter Four, Subchapter One,
of the Metropolitan Code of Law.
The Director may require the owner or operator of any air
contaminant source discharging air contaminants to install and
maintain such monitoring equipment as the Director shall
prescribe; establish and maintain such records; and make periodic
emission reports.
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Printed: February 13, 1995
SECTION 6-1 DEFINITIONS
As used in this regulation, all terms not defined herein shall
have the meaning given them in Chapter Four, Subchapter One, “Air
Pollution Control Ordinance”, Section 4-1-1, “Definitions,” of
the Metropolitan Code of Law.
(a) Capacity factor - means the ratio of the average load on a
machine or equipment for the period of time considered to
the capacity rating of the machine or equipment.
(b) Emission standard - means a regulation (or portion thereof)
setting forth an allowable rate of emissions, level of
opacity, or prescribing equipment or fuel specifications
that result in control of air pollution emissions.
Cc) Excess emissions - means emission of an air pollutant in
excess of an emission standard.
(d) Fossil fuel-fired steam generator - means a furnace or
boiler used in the process of burning fossil fuel for the
primary ‘purpose of producing steam by heat transfer.
(e) Incinerator - means any furnace used in the process of
burning solid waste for the purpose of reducing the volume
of the waste by removing’ combustible material.
THIS IS THE FEDERALLY APPROVED REGULATION AS OF MARCH 22, 1978
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg May 22, 1977 Mar 22, 1978 43 FR 11819
Regulation 6-1, Page 1
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Printed: February 13, 1995
SECTION 6-2 MONITORING OF EMISSIONS
The source categories listed below are required to complete the
installation and performance testing of the representative
equipment and begin maintenance recording on or before April 1,
1978.
(a) Each fossil fuel-fired steam generator or each steam
generating facility where the effluent from more than one
fossil fuel-fired steam generator is combined and released
to the atmosphere through a common stack, except as provided
in the following items, with an annual average capacity
factor greater than 30% as reported to the Federal Power
Commission for the calendar year 1974, or as otherwise
demonstrated to the Director by the owner or operator, shall
conform with the following monitoring requirements:
(1) A continuous monitoring system for measuring opacity
.lmll shall be installed, calibrated, maintained, and
operated by the owner or operator of any said steam
generating facility greater than 250 million BTU per
hour heat input, total plant heat input to one or more
stacks, except where:
(A) Gaseous fuel is the only fuel burned, or
(B) Oil or a mixture of gas and oil are the only fuels
burned and the source is able to comply with the
applicable particulate matter and opacity
standards without utilization of particulate
matter collection equipment, and where the source
has never been found through any administrative or
judicial proceedings to be in violation of any
visible emission standard.
(2) A continuous monitoring system for the measurement of
sulfur dioxide shall be installed, calibrated,
maintained, and operated, on any fossil fuel-fired
steam generated which has installed sulfur dioxide
pollution control equipment or where the burning of a
combination of gas, oil, or solid fuel is used to meet
the applicable sulfur dioxide emission standards.
(3) A continuous monitoring system for the measurement of
the percent oxygen or carbon dioxide shall be
installed, calibrated, maintained, and operated when
fossil fuel-fired steam generators where measurement of
oxygen or carbon dioxide in the flue gas are required
to convert sulfur dioxide continuous emission
Regulation 6-2, Page 1
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Printed: February 13, 1995
monitoring data to units of the emission standard.
(b) Each incinerator of more than 50 tons per day charging rate
shall install, calibrate, maintain, and operate a continuous
monitoring system for the measurement capacity.
THIS IS THE FEDERALLY APPROVED REGULATION AS OF MARCH 22, 1978
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg May 22, 1977 Mar 22, 1978 43 FR 11819
Regulation 6-2, Page 2
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Printed: February 13, 1995
SECTION 6-3 EQUIPMENT SPECIFICATIONS
All monitoring equipment specified under Seccion 6-2 shall meet
the performance specifications set forth in 40 CFR, Part 60,
Appendix B, 40 Fed. Reg. 46250 (October 6, 1975) . The monitoring
equipment shall also be installed, calibrated, maintained, and
operated in accordance with the procedures outlined in 40 CFR,
Part 51, Appendix P, 40 Fed. Reg 46240 (October 6, 1975)
THIS IS THE FEDERALLY APPROVED REGULATION AS OF MARCH 22, 1978
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg May 22, 1977 Mar 22, 1978 43 FR 11819
Regulation 6-3, Page 1
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Printed: February 13, 1995
SECTION 6-4 MONITORING SYSTEM MALFUNCTION
Due allowance for failure to monitor shall be made during any
period of monitoring system malfunction, provided that the source
owner or operator demonstrate to the satisfaction of the Director
that the malfunction was unavoidable and is being repaired as
expeditiously as practical, and that a log of all such
malfunctions is being maintained by the owner or operator,
including time malfunction began, when it was detected, reason
for malfunction, what was done to correct the malfunction, and
when malfunction was corrected.
THIS IS THE FEDERALLY APPROVED REGULATION AS OF MARCH 22, 1978
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg May 22, 1977 Mar 22, 1978 43 FR 11819
Regulation 6-4, Page 1
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Printed: February 13, 1995
SECTION 6-5 RECORDING AND REPORTING
Owners or operators of sources subject to Section 6-2 are
required to submit a written report of excess emissions for each
calendar quarter and the nature and cause of the excess
emissions. The averaging period used for data reporting shall
correspond to the averaging period specified in the emission
standard. This report must include as a minimum:
(a) For opacity measurements, the summary shall consist of the
magnitude and actual percent opacity of all one-minute
averages of opacity greater than 20 percent. Average values
may be obtained by integrating over the averaging period or
by arithmetically averaging the minimum of four equally
spaced instantaneous opacity measurements per minute.
(b) For gaseous measurements, the summary shall consist of
emission averages, in the units of the applicable standard,
per each averaging period during which the applicable
standard was exceeded. For sources burning a combination of
gases or solid fuel to meet the applicable sulfur dioxide
emission standards, emission records along with a record of
fuel consumption and fuel analysis shall be submitted
monthly. The fuel analysis shall be conducted in accordance
with the provisions of Chapter Four, Subchapter One, “Air
Pollution Control Ordinance,” Section 4-1- 15, “Testing,” of
the Metropolitan Code of Law.
(c) The date and time of identifying each period during which
the continuous monitoring system was inoperative, except for
zero span checks, and the nature of system repairs or
adjustments shall be reported. The Director may require
proof of continuous monitoring system performance whenever
systems, repairs, or adjustments have been made.
(d) When no excessive emissions have occurred and a continuous
monitoring system has not been inoperative, repaired, or
adjusted, such information shall be included in the report.
(e) The owner or operator of affected facilities shall maintain
a file of all information reported in the quarterly
summaries, and all other date collected either by the
continuous monitoring system or as necessary to convert
monitoring data to the units of the applicable standard for
a minimum of two years from the date of collection of such
data or submission of such summaries.
Regulation 6-5, Page 1
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Printed: February 13, 1995
THIS IS THE FEDERALLY APPROVED REGULATION AS OF MARCH 22, 1978
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg May 22, 1977 Mar 22, 1978 43 FR 11819
Regulation 6-5, Page 2
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printed: February 13, 1995
SECTION 6-6 DATA REDUCTION
Owners or operators of facilities subject to Section 6-2 are
required to use procedures outlined in 40 CFR, Part 51, Appendix
P, 40 Fed. Reg. 46240, (October 6, 1975), for converting
monitoring data to units of the standard where necessary.
THIS IS THE FEDERALLY APPROVED REGULATION AS OF MARCH 22, 1978
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg May 22, 1977 Mar 22, 1978 43 FR 11819
Regulation 6-6, Page 1
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Printed: February 13, 1995
METROPOLITAN HEALTH DEPARTMENT
POLLUTION CONTROL DIVISION
Regulation No. 7
REGULATION FOR CONTROL OF VOLATILE ORGANIC COMPOUNDS
-------
Printed: February 13, 1995
REGULATION NO. 7
Regulat .on for Control of Volatile Organic Compounds
This regulation establishes emission standards for stationary
sources of volatile organic compounds located in Metropolitan
Nashville and Davidson County, Tennessee. This regulation is
promulgated as provided for in Section 4-1-19, “Powers and Duties
of the Board,” Chapter Four, Subchapter One, of the Metropolitan
Code of Law.
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Printed: February 13, 1995
SSECTION 7-1: Definitions
As used in this regulation, all terms not defined herein
shall have the meaning given them in Chapter Four, Subchapter
One, “Air Pollution Control Ordinance,” Section 4-1-1,
“Definitions,” of the Metropolitan Code of Law.
(a) “Approved” - means approved by the designated air pollution
control official.
(b) “Capture system” - means the equipment (including hoods,
ducts, fans, etc.) used to contain, capture, or transport a
pollutant to a control device.
(c) “Coating” - is a decorative, functional, or protective thin
layer applied to surface.
(d) “Coating applicator” - means an apparatus used to apply a
surface coating.
(e) “Coating line” - means one or more apparatus or operations
which include a coating applicator, flash-off area, and/or oven
wherein a surface coating is applied, dried, and cured.
(f) “Commenced” - means that an owner or operator has undertaken
a continuous program of construction or modification or that an
owner or operator has entered into a contractual obligation to
undertake and complete, within a reasonable time, a continuous
program of construction or modification.
(g) “Construction” - means commencement of on-site fabrication,
erection, or installation of an emission source, air pollution
control equipment, or a facility.
(h) “Control device” - means equipment (incinerator, adsorber,
or the like) used to destroy or remove air pollutant(s) prior to
discharge to the ambient air.
(i) “Continuous vapor control system” - means a vapor control
system that treats vapors displaced from tanks during filling
on a demand basis without intermediate accumulation.
(j) “Day” - means a 24-hour period beginning at midnight.
(k) “Director” - means the chief administrative officer of the
Metropolitan Board of Health or his designated representative.
(1) “Emission” - means the release or discharge, whether
directly or indirectly, of any air pollutant into the ambient air
from any source.
Regulation 7-1, Page 1
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Printed: February 13, 1995
(m) “Existing process” - is any process in existence or having a
state or local agency’s construction permit prior to the
effective date of this Chapter.
(n) “Facility” - means any building, structure, installation,
activity, or combination thereof which contains one or more
stationary sources of air contaminants.
(0) “Flashoff area” - means the space between the application
area and the oven.
(p) “Incinerator” - means a combustion apparatus designed for
high temperature operation in which solid, semisolid, liquid, or
gaseous combustible wastes are ignited and burned efficiently and
from which the solid and gaseous residues contain little or no
combustible material.
(q) “Intermittent vapor control system” - means a vapor control
system that employs an intermediate vapor holder to accumulate
vapors displaced from tanks during filling. The control device
treats the accumulated vapors only during automatically
controlled cycles.
(r) “Loading rack” - means an aggregation or combination of
gasoline loading equipment arranged so that all loading outlets
in the combination can be connected to a tank truck or trailer
parked in a specific loading space.
(s) “New source” - is all other processes not defined in
definition (m) as an existing process.
(t) “Organic material” - means a chemical compound of carbon
excluding carbon monoxide, carbon dioxide, carbonic acid,
metallic carbides or carbonates, and ammonium carbonate.
(u) “Oven” - means a chamber within which heat is used to bake,
cure, polymerize and/or dry a surface coating.
(v) “Owner or operator” - means any person who owns, leases,
controls, operates or supervises a facility, emission source, or
air pollution control equipment.
(w) “Person” - means any individual, natural person, trustee,
court appointed representative, syndicate, association,
partnership, firm, club, company, corporation, business trust,
institution, agency, government corporation, municipal
corporation, city, county, municipality district or other
political subdivision, department, bureau, agency or
instrumentality of Federal, State, or local government, or other
entity recognized by law as the subject of rights and duties.
Regulation 7-1, Page 2
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Printed: February 13, 1995
The masculine, feminine, singular, or plural is included in any
circumstances.
(x) “Petroleum liquid” - means crude oil, condensate, and any
finished or intermediate products manufactured or extracted in a
petroleum refinery.
(y) “Potential to emit” - is the capability at maximum capacity
to emit a pollutant in the absence of air pollution control
equipment. Air pollution control equipment includes control
equipment which is not, aside from air pollution control laws and
regulations, vital to production of the normal product of the
source or its normal operation.
(z) “Prime coat” - means the first film of coating applied in a
multi-coat operation.
(aa) “Reasonable available control technology (RACT)” - means
the lowest emission limit that a particular source is capable of
meeting by the application of control technology that is
reasonably available considering technological and economic
feasibility.
(bb) “Reid vapor pressure” - means the absolute vapor pressure
of volatile crude oil and volatile nonviscous petroleum liquids
except liquefied petroleum gases as determined by American
Society for Testing and Mater ials, Part 17, 1973, D-323-72
(Reapproved 1977).
(cc) “Shutdown” - means the cessation of operation of any air
pollution control equipment or process equipment for any purpose,
except routine phasing out of process equipment.
(dd) “Solvent” - means organic materials which are liquid at
standard conditions and which are used as dissolvers, viscosity
reducers, or cleaning agents.
(ee) “Standard conditions” - means a temperature of 20°C (68°F)
and pressure of 760 millimeters of mercury (29.92 inches of
mercury)
(ff) “Startup” - means the setting into operation of any air
pollution control equipment or process equipment for any purpose,
except routine phasing in of process equipment.
(gg) “Stationary source” - means any structure, building
facility, or installation which emits or may emit any air
pollutant subject to regulation under the Clean Air Act.
(hh) “Topcoat” - means the final film of coating applied in a
Regulation 7-1, Page 3
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Printed: February 13, 1995
multiple coat operation.
(ii) “True vapor pressure” - means the equilibrium partial
pressure exerted by a petroleum liquid as determined in
accordance with methods described in American Petroleum Institute
Bulletin 2517, “Evaporation Loss From Floating Roof Tanks,” 1962.
(jj) “Vapor collection system” - means a vapor transport system
which uses direct displacement by the liquid loaded to force
vapors from the tank into a vapor control system.
(kk) “Vapor control system” - means a system approved by the
Director that prevents release to the atmosphere of organic
compounds in the vapors displaced from a tank during the transfer
of gasoline.
(11) “Volatile organic compound (VOC)” - means any organic
compound which participates in atmospheric photochemical
reactions. This includes any organic compound other than the
following compounds: Methane; ethane; methylene chloride; 1,1,1-
trichioroethane (methyl chloroform); trichlorotrifluroethane
(CFC-l13) (Freon 113); trichiorofluoromethane (CFC-l1);
dichlorodifluoromethane (CFC-12); chlorodifluoromethane (CFC-
22); trifluoromethane (FC-23); dichlorotetrafluoroethane (CFC-
114); chloropentafluoroethane (CFC-1l5);
dichlorotrifluoroethane (HCFC-123); tetrafluoroethane (HFC-
l34a); dichiorofluorethane (HCFC-l4lb); chlorodifluoroethane
(HCFC-142b);2-chloro-1,1,l,2-tetrafluoroetharie (HCFC-124);
pentafluoroethane (HFC-l25); 1,1,2,2-tetrafluoroethane (HFC-134);
1,1,1-trifluoroethane (HFC-143a); 1,1-difluoroethane (HFC-152a);
and perfluorocarbon compounds which fall into these classes:
(1) Cyclic, branched, or linear, completely fluorinated
alkanes;
(2) cyclic, branched, or linear, completely fluorinated
ethers with no unsaturations;
(3) cyclic, branched, or linear, completely fluorinated
tertiary amines with no unsaturations; and
(4) sulfur containing perfluorocarbons with no
unsaturations and with sulfur bonds only to carbon and
fluorine.
For purposes of determining compliance with emission limits,
VOC will be measured by the approved test methods. Where such a
method also inadvertently measures compounds with negligible
photochemical reactivity, an owner or operator may exclude these
negligibly reactive compounds when determining compliance with an
Regulation 7-1, Page 4
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Printed: February 13, 1995
emissions standard. Compliance calculations for coating
expressed as lb. VOC/gallon coating (less water) should treat
exempt solvents as water for purposes of calculating the less
water part of the coating composition.
THIS IS THE FEDERALLY APPROVED REGULATION AS OF JUNE 26, 1992
Original Reg
1st Revision
2nd Revision
3rd Revision
4th Revision
5th Revision
Date Submitted
to EPA
May 15, 1979
Aug 27, 1980
Jun 03, 1982
Jun 15, 1988
Feb 16, 1990
Jan 02, 1992
Date Approved
by EPA
Jun 24, 1982
Jul 26, 1982
Oct 31, 1983
Jan 27, 1989
Mar 11, 1991
Jun 26, 1992
Federal
Register
47 FR 27267
47 FR 32124
48 FR 50079
54 FR 4021
56 FR 10171
57 FR 28625
Regulation 7-1, Page 5
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Printed: February 13, 1995
SSECTION 7-2: PROHIBITED ACT
(a) No owner or operator of a stationary source of volatile
organic compounds may operate, cause, allow, or permit the
operation of the source, unless the operation and emissions of
the source are in conformance with the applicable emission
standards of this regulation. Once the applicable emission
standards are deemed applicable to a stationary source, said
source shall always be subject to the applicable emission
standards of this Regulation. No stationary source subject to
this regulation shall dispose of any waste volatile compounds in
such a manner that they will evaporate into the atmosphere.
(b) All existing facilities with potential volatile organic
compound emissions of one hundred (100) tons/year or greater
shall utilize reasonable available control technology (RACT). To
encourage the use of the most cost effective control strategies
for sources covered by this paragraph, an alternative emission
reduction plan may be utilized which allows compliance to be
demonstrated by eguivalent emission reductions from a combination
of stationary sources at a given facility. In order for an
alternative p’lan to be utilized, each stationary source must have
a specific emission. The alternative plan must be approved by
the Director. The alternative plan shall only become effective
after approval by the United ,$tates Environmental Protection
Agency.
THIS IS THE FEDERALLY APPROVED REGULATION AS OF JUNE 26, 1992
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg May 15, 1979 Jun 24, 1982 47 FR 27267
1st Revision Aug 27, 1980 Jul 26, 1982 47 FR 32124
2nd Revision Feb 16, 1990 Mar 11, 1991 56 FR 10171
3rd Revision Jan 2, 1992 Jun 26, 1992 57 FR 28265
Regulation 7-2, Page 1
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Printed: February 13, 1995
SSECTION 7-3: PETITION FOR ALTERNATIVE CONTROLS
If the owner or operator of any stationary source of volatile
organic compounds can demonstrate that compliance with the
provisions of this regulation would be technologically
infeasible, he may petition the Director to allow the use of
alternative operational (such as improved transfer efficiency,
bubbling or cross-line averaging) and/or equipment controls,
which results in the same or greater net reduction in VOC
emissions as provided by this regulation. Equivalency
calculations for coating should be performed in units of lbs.
VOC/gallon solids as applied rather than lbs. VOC/gallon coating
when bubbling, cross-line averaging, or achieving compliance with
add-on control equipment. Compliance with the emission limit
under this Section are on a twenty-four (24) hour average. An
alternative operational and/or equipment control shall only
become effective after approval by the United States
Environmental Protection Agency. Any alternative control or
amendment thereof that has approval by the United States
Environmental Protection Agency prior to May 14, 1991, will not
be reopened unless there is an amendment to the alternative
control. These alternative operational and/or equipment controls
shall be a cohdition on any permit issued for said stationary
source. Such a permit or order may contain an alternate test
method and/or averaging time.
THIS IS THE FEDERALLY APPROVED REGULATION AS OF JUNE 26, 1992.
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg May 15, 1979 Jun 24, 1982 47 FR 27267
1st Revision Feb 16, 1990 Mar 11, 1991 56 FR 10171
2nd Revision Jan 02, 1992 Jun 26, 1992 57 FR 28625
Regulation 7-3, Page 1
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Printed: February 13, 1995
SSECTION 7-4: CIRCUMVENTION
(a) No owner or operator subject to this Chapter may build,
erect, install, or use any article, machine, equiPment, process,
or method, the use of which conceals an emission which would
otherwise constitute a violation of an applicable Regulation.
(b) Paragraph (a) of this section includes, but is not limited
to, the use of gaseous dilutants to achieve compilance and the
piecemeal carrying out of an operation to a oid coverage by this
Chapter that applies only to operations larger than a specific
size.
THIS IS THE FEDERALLY APPROVED REGULATION AS OF JUNE 26, 1992
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg May 15, 1979 Jun 24, 1982 47 FR 27267
1st Revision Jan 02, 1992 Jun 26, 1992 57 FR 28265
Regulation 7-4, Page 2.
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printed: February 13, 1995
SSECTION 7-5: EMISSION STANDARDS FOR COIL COATING
(a) For the purpose of this section, the following definitions
apply:
(1) “Coil Coating” - means the coating of any flat metal
sheet or strip that comes in rolls or coils.
(2) “Quench Area” - means a chamber where the hot metal
exiting the oven is cooled by either a spray of water
or a blast of air followed by water cooling.
(b) This section applies to the coating applicator(s), oven(s)
and quench area(s) of coil coating lines involved in prime and
top coat or single coat operations.
(c) This section applies to stationary sources having the
potential to emit 25 tons per year or greater of volatile organic
compound emissions.
(d) No owner or operator of a coil coating line subject to this
section may c’ use, allow, or permit the discharge into the
atmosphere of any volatile organic compounds in excess of 0.31
kilograms per liter of coating (2.6 pounds per gallon), excluding
water, delivered to the coating applicator from prime and topcoat
or single coat operations.
Ce) Proof of compliance with this section shall be:
(1) by method of Section 7-24, or
(2) by certification by the manufacturer of the composition
of coating, if supported by batch formulation records.
THIS IS THE FEDERALLY APPROVED REGULATION AS OF JUNE 26, 1991.
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg May 15, 1979 Jun 24, 1982 47 FR 27267
1st Revision Aug 27, 1980 Jul 26, 1982 47 FR 32124
2nd Revision Feb 16, 1990 Mar 11, 1991 56 FR 10171
3rd Revision Jan 02, 1992 Jun 26, 1992 57 FR 28265
Regulation 7-5, Page 1
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Printed: Febrt ary 13, 1995
SSECTION 7-6: EMISSION STANDARDS FOR PAPER COATING
(a) For the purpose of this section, the following definitions
apply:
(1) “Knife Coating” - means the application of a coating
material to a substrate by means of drawing the substrate
beneath a knife that spreads the coating evenly over the
full width of the substrate.
(2) “Paper Coating” - means coatings put on paper and
pressure sensitive tapes regardless of substrate. Related
web coating processes on plastic film and decorative
coatings on metal foil are included in this definition.
(3) “Roll Coating” - means the application of a coating
material to a substrate by means of hard rubber or steel
rolls.
(4) “Rotogravure Coating” - means the application of a
coating material to a substrate by means of a roll coating
technique in which the pattern to be applied is etched on
the coating roll. The coating material is picked up in
these recessed areas and is transferred to the substrate.
(b) This section applies to rOll, knife or rotogravure coater(s)
and drying oven(s) of paper coating lines. This section also
applies to a saturation operation(s).
(c) This section applies to stationary sources having the
potential to emit 25 tons per year or greater of volatile organic
compound emissions.
(d) No owner or operator of a paper coating line subject to this
section may cause, allow or permit the discharge into the
atmosphere of any volatile organic compounds in excess of 0.35
kilograms per liter of coating (2.9 pounds per gallon), excluding
water, delivered to the coating applicator from a paper coating
line.
(e) Proof of compliance with this section shall be:
(1) by method of Section 7-24, or
(2) by certification by the manufacturer of the composition
of coating, if supported by batch formulation records.
Regulation 7-6, Page 1
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Printed: February 13, 1995
REGULATION AS OF JUNE 26, 1992
Date Approved Federal
by EPA Register
Jun 24, 1982 47 FR 27267
Jul 26, 1982 47 FR 32124
Mar 11, 1991 56 FR 10171
Jun 26, 1992 57 FR 28265
THIS IS THE FEDERALLY APPROVED
Date Submitted
to EPA
Original Reg May 15, 1979
1st Revision Aug 27, 1980
2nd Revision Feb 16, 1990
3rd Revision Jan 02, 1992
Regulation 7-6, Page 2
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Printed: February 13, 1995
SSECTION 7-7: EMISSION STANDARDS FOR FABRIC AND VINYL COATING
(a) For the purpose of this section, the following definitions
apply:
(1) “Fabric Coating” - means the coating of a textile
substrate with a knife roll or rotogravure coater to impart
properties that are not initially present, such as strength,
stability, water or acid repellency, or appearance.
(2) “Knife Coating” - means the application of a coating
material to a substrate by means of drawing the substrate
beneath a knife that spreads the coating evenly over the
full width of the substrate.
(3) “Roll Coating” - means the application of a coating
material to a substrate by means of hard rubber or steel
rolls.
(4) “Rotogravure Coating” - means the application of a
coating material to a substrate by means of a roll coating
techniqu’ë in which the pattern to be applied is etched on
the coating roll. The coating material is picked up in
these recessed areas and is transferred to the substrate.
(b) This section applies to roll, knife, or rotogravure
coater(s) and drying oven(s) of fabric and vinyl coating lines.
This section also applies to a saturation operation(s).
(c) This section applies to stationary sources having the
potential to emit 25 tons per year or greater volatile organic
compound emissions.
(d) No owner or operator of a fabric coating line or a vinyl
coating line subject to this section may cause, allow or permit
the discharge into the atmosphere of any volatile organic
compounds in excess of:
(1) 0.35 kilograms per liter of coating (2.9 pounds per
gallon), excluding water, delivered to the coating
applicator from a fabric coating line.
(2) 0.45 kilograms per liter of coating (3.8 pounds per
gallon), excluding water, delivered to the coating
applicator from a vinyl coating line.
(3) Organisols and plastisols shall not be excluded from
compliance calculations, however they shall not be used to bubble
emissions from vinyl printing and topcoating.
Regulation 7-7, Page 1
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Printed: February 13, 1995
(e) Proof of compliance with this section shall be:
(1) by method of Section 7-24, or
(2) by certification by the manufacturer of the composition
of coating, if supported by batch formulation records.
THIS IS THE FEDERALLY APPROVED REGULATION AS OF JUNE 26, 1992
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg May 15, 1979 Jun 24, 1982 47 FR 27267
1st Revision Aug 27, 1980 Jul 26, 1982 47 FR 32124
2nd Revision Jan 02, 1992 Jun 26, 1992 57 FR 28265
Regulation 7-7, Page 2
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Printed: February 13, 1995
SSECTION 7-8: EMISSION STANDARDS FOR METAL FURNITURE COATING
(a) For the purpose of this section, the following definitions
apply:
(1) “Application Area” - means the area where the coating
is applied by spraying, dipping, or flow coating techniques.
(2) “Metal Furniture Coating” - means the surface coating
of any furniture made of metal or any metal part Which will
be assembled with other metal, wood, fabric, plastic or
glass parts to form a furniture piece.
(b) This section applies to the application area(s), flashoff
area(s), and oven(s) of metal furniture coating lines involved in
prime and topcoat or single coating operations.
(C) This section applies to stationary sources having the
potential to emit 25 tons per year or greater volatile organic
compound emissions.
(d) No ownef or operator of a metal furniture coating line
subject to this Section may cause, allow, or permit the discharge
into the atmosphere of any volatile organic compounds in excess
of 0.36 kilograms per liter of coating (3.0 pounds per gallon),
excluding water, delivered to the coating applicator from prime,
and topcoat or single coat operations.
(e) This section does not apply to the use of quick-drying
lacquers for repair of scratches and nicks that occur during
assembly, provided that the volume of coating does not exceed 3.8
liters (1 gallon) in any one 8-hour period.
(f) Proof of compliance with this section shall be:
(1) by method of Section 7-24, or
(2) by certification by the manufacturer of the composition
of coating, if supported by batch formulation records.
Regulation 7-8, Page 1
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Printed: February 13, 1995
THIS IS THE FEDERALLY APPROVED REGULATION AS OF JUNE 26, 1992
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg May 15, 1979 Jun 24, 1982 47 FR 27267
1st Revision Aug 27, 1980 Jul 26, 1982 47 FR 32124
2nd Revision Jan 02, 1992 Jun 26, 1992 57 FR 28265
Regulation 7-8, Page 2
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Printed: February 13, 1995
SSECTION 7-9: EMISSION STANDARDS FOR SURFACE COATING OF LARGE
APPLIANCES
(a) For the purpose of this section, the following definitions
apply:
(1) “Application Area” - means the area where the coating
is applied by spraying, dipping, or flowcoating techniques.
(2) “Single Coat” - means a single film of coating applied
directly to the metal substrate omitting the primer
application.
(3) “Large Appliances” - means doors, cases, lids, panels
and interior support parts of residential and commercial
washers, dryers, ranges, refrigerators, freezers, water
heaters, dishwashers, trash compactors, air conditioners and
other similar products.
(b) This section applies to application area(s), flashoff
area(s), and oven(s) of large appliance coating lines involved in
prime, single or topcoat coating operations.
(c) This section does not apply to:
(1) the use of quick-dr jing lacquers for repair of
scratches and nicks that occur during assembly, provided
that the volume of coating does not exceed 3.8 liters (1
gallon) in any one 8-hour period; or
(2) stationary sources having the potential to emit less
than 25 tons per year of volatile organic compound
emissions.
(d) No owner or operator of a large appliance coating line
subject to this section may cause, allow, or permit the discharge
into the atmosphere of any volatile organic compounds in excess
of 0.34 kilograms per liter of coating (2.8 pounds per gallon),
excluding water, delivered to the coating applicator from prime,
and topcoat or single coat operations.
(f) Proof of compliance with this section shall be:
(U by method of Section 7-24, or
(2) by certification by the manufacturer of the composition
of coating, if supported by batch formulation records.
Regulation 7-9, Page 1
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Printed: February 13, 1995
THIS IS THE FEDERALLY APPROVED REGULATION AS OF JUNE 26, 1992
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg May 15, 1979 Jun 24, 1982 47 FR 27267
1st Revision Aug 27, 1980 Jul 26, 1982 47 FR 32124
2nd Revision Jan 02, 1992 Jun 26, 1992 57 FR 28265
Regulation 7-9, Page 2
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Printed: February 13, 1995
SSECTION 7-10: PETROLEUM LIQUID STORAGE
(a) For the purpose of this section, the following definitions
apply:
(1) “Condensate” - means hydrocarbon liquid separated from
natural gas which condenses due to changes in the
temperature and/or pressure and remains liquid at standard
conditions.
(2) “Crude oil” - means a naturally occurring mixture which
consists of hydrocarbons and/or sulfur, nitrogen and/or
oxygen derivatives of hydrocarbons and which is a liquid at
standard conditions.
(3) “Custody transfer” - means the transfer of produced
crude oil and/or condensate, after processing and/or
treating in the producing operations, from storage tanks or
automatic transfer facilities to pipelines or any other
forms of transportation.
(4) “External floating roof” - means a storage vessel cover
in an open top tank consisting of a double deck or pontoon
single deck which rests upon and is supported by the
petroleum liquid being contained and is equipped with a
closure seal or seals to close the space between the roof
edge and tank shell.
(5) “Internal floating roof” - means a cover or roof in a
fixed roof tank which rests upon or is floated upon the
petroleum liquid being contained, and is equipped with a
closure seal or seals to close the space between the roof
edge and tank shell.
(6) “Petroleum liquids” - means crude oil, condensate, and
any finished or intermediate products manufactured or
extracted in a petroleum refinery.
(7) “Petroleum refinery” - means any faci1 ty engaged in
producing gasoline, kerosene, distillate fuel oils, residual
fuel oils, lubricants, or other products through
distillation of crude oils, or through redistillation,
cracking, extraction, or reforming of unfinished petroleum
derivatives.
(8) “True vapor pressure” - means the equilibrium partial
pressure exerted by a petroleum liquid as determined in
accordance with methods described in American Petroleum
Institute Bulletin 2517, “Evaporation Loss From Floating
Regulation 7-10, Page 1
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Printed: February 13, 1995
Roof Tanks,” 1962.
(b) This section applies to all fixed roof storage vessels with
capacities greater than 151,400 liters (40,000 gallons)
containing volatile petroleum liquids whose true vapor pressure
is greater than 10.5 kilo Pascal (1.52 psia)
(c) This section does not apply to volatile petroleum liquid
storage vessels;
(1) equipped with external floating roofs or internal
floating roofs before January 1, 1979; or,
(2) having capacities less than 1,586,970 liters (420,000
gallons) used to store produced crude oil and condensate
prior to lease custody transfer.
(d) Except as provided under Paragraph (c) of this section, no
owner, or operator of an affected stationary source under
Paragraph (b) of this section shall permit the use of such
stationary source unless:
(1) the stationary source has been retrofitted with an
internal floating roof, equipped with a closure seal or
seals, to close the space between the roof edge and tank
wall; or,
(2) the stationary source has been retrofitted with equally
effective alternative control, approved by the Director;
and,
(3) the stationary source is maintained such that there are
no visible holes, tears, or other openings in the seal or
any seal fabric or materials; and,
(4) all openings, except stub drains are equipped with
covers, lids, or seals such that;
Ci) the cover, lid, or seal is in the closed position
at all times except when in actual use; and,
(ii) automatic bleeder vents are closed at all times
except when the roof is floated off or landed on the
roof leg supports; and,
(iii) rim vents, if provided, are set to open when the
roof is being floated off the roof leg supports or at
the manufacture’s recommended setting; and,
Regulation 7-10, Page 2
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Printed: February 13, 1995
(5) routine inspections are conducted through roof hatches
once per month; and,
(6) a complete inspection of cover and seal is conducted
whenever the tank is emptied for nonoperational reasons;
and,
(7) records are maintained that shall include:
(i) reports of the results of inspections conducted
under paragraphs (d) (5) and (d) (6) of this section;
and,
(ii) a record of the average monthly storage
temperatures and true vapor pressures of volatile
petroleum liquids stored; and,
(iii) records of the throughout quantities and types
of volatile petroleum liquids for each storage vessel.
THIS IS THE FEDERALLY APPROVED REGULATION AS OF JUNE 26, 1992
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg May 15, 1979 Jun 24, 1982 47 FR 27267
1st Revision Aug 27, 1980 Jul 26, 1982 47 FR 32124
2nd Revision Jan 02, 1992 Jun 26, 1992 57 FR 28265
Regulation 7-10, Page 3
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Printed: February 13, 1995
SSECTION 7-11: BULK GASOLINE PLANTS
(a) For the purpose of this section, the following definitions
apply:
(1) “Bottom Filling” - means the filling of the tank truck
or stationary storage tank through an opening near the tank
bottom.
(2) “Bulk Gasoline Plant” - means a gasoline storage and
distribution facility with an annual average daily
throughput of less than 76,000 liters (20,000 gallons) which
receives gasoline from bulk terminals by trailer transport,
stores it in tanks, and subsequently dispenses it via
account trucks to local farms, businesses, and service
stations.
(3) “Gasoline” - means any petroleum distillate having a
Reid vapor pressure of 27.6 kPa (4 psia) or greater.
(4) “Splash Filling” - means the filling of a tank truck or
stationa ry storage tank through a pipe or hose whose
discharge opening is above the surface level of the liquid
in the tank being filled.
(5) “Submerged Filling” - means the filling of a tank truck
or stationary storage tank through a pipe or hose whose
discharge opening is entirely submerged when the liquid
level is six inches above the bottom of the container.
(6) “Vapor Balance System” - means a combination of pipes
or hoses which create a closed system between the vapor
spaces of an unloading tank and a receiving tank such that
vapors displaced from the receiving tank are transferred to
the tank being unloaded.
(b) This section applies to the unloading, loading, and storage
facilities of all bulk gasoline plants and all tank trucks or
trailers delivering or receiving gasoline at bulk gasoline
plants.
(c) This section does not apply to:
(1) stationary storage tanks of less than 2,000 gallons
capacity
(2) bulk plants with an annual average working daily
throughput of less than 4,000 gallons, provided that records
of throughput are maintained and reported to the Director
Regulation 7-il, Page 1
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Printed: February 13, 1995
annually, and provided all stationary storage tanks and tank
trucks or trailers are equipped with submerged fill pipes.
(d) Except as provided under Paragraph (c) of this section, no
owner or operator of a bulk gasoline plant (tank truck or
trailer) shall load or unload gasoline unless each tank is
equipped with a vapor balance system as described under Paragraph
(g) of this section and approved by the Director; and,
(1) each tank is equipped with a submerged fill pipe,
approved by the Director; or,
(2) each tank is equipped with a fill line whose discharge
opening is entirely submerged when the liquid level is
eighteen inches above the bottom of the tank.
(e) Except as provided under paragraph (c) of this section, no
owner or operator of a bulk gasoline plant, tank truck or trailer
shall load or unload a tank truck or trailer at a bulk gasoline
plant unless each tank truck or trailer is equipped with a vapor
balance system as described under paragraph (g) of this section
and approved by the Director; and
(1) equipment is available at the bulk gasoline plant to
provide for the submerged filling of each tank truck or
trailer; or,
(2) each tank truck or trailer is equipped for bottom
filling.
(f) No owner or operator of a bulk gasoline plant, tank truck or
trailer shall permit the transfer of gasoline between tank truck
or trailer and stationary storage tank unless:
(1) the transfer is conducted in accordance with Paragraphs
(d) and (e) of this section; and,
(2) the vapor balance system is in good working order and
is connected and operating; and,
(3) tank truck or trailer hatches are closed at all times
during loading operations; and,
(4) there are no leaks in the tank trucks’ or trailers’
pressure/vacuum relief valves and hatch covers, nor the
truck tanks or storage tanks associated vapor and liquid
lines during loading or unloading; and,
(5) the pressure relief valves on storage vessels and tank
trucks or trailers are set to release at no less than 4.8
Regulation 7-li, Page 2
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Printed: February 13, 1995
kPa (0.7 psi) or the highest possible pressure (in
accordance with state or local fire codes, or the National
Fire Prevention guidelines).
(g) Vapor balance systems required under Paragraphs (d) and (e)
of this section shall consist of the following major components:
(1-) a vapor space connection on the stationary storage tank
equipped with fittings which are vapor tight and will
automatically and immediately close upon disconnection so as
to prevent release of organic material; and,
(2) a connecting pipe or hose equipped with fittings which
are vapor tight and will automatically and immediately close
upon disconnection so as to prevent release of organic
material; and,
(3) a vapor space connection on the tank truck or trailer
equipped with fittings which are vapor tight and will
automatically and immediately close upon disconnection so as
to prevent release of organic material.
(h) No owner or operator of a bulk gasoline plant may permit
gasoline to be spilled, discharged in sewers, stored in open
containers or handled in any other manner that would result in
evaporation.
THIS IS THE FEDERALLY APPROVED REGULATION AS OF JUNE 26, 1992
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg May 15, 1979 Jun 24, 1982 47 FR 27267
1st Revision Aug 27, 1980 Jul 26, 1982 47 FR 32124
2nd Revision Jan 02, 1992 Jun 26, l 92 57 FR 28265
Regulation 7-il, Page 3
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Printed: February 13, 1995
SSECTION 7-12: BULK GASOLINE TERMINALS
(a) For the purpose of this section, the following definitions
apply:
(1) “Bulk gasoline terminal” - means a gasoline storage
facility which receives gasoline from refineries primarily
by pipeline, ship or barge, and delivers gasoline to bulk
gasoline plants or to commercial or retail accounts
primarily by tank truck; and has an average delivery
throughput of more than 76,000 liters (20,000 gallons) of
gasoline.
(2) “Gasoline” - means a petroleum distillate having a Reid
vapor pressure of 27.6 kPa (4 psi) or greater.
(b) This section applies, in accordance with Section 7-22, to
bulk gasoline terminals and the appurtenant equipment necessary
to load the tank truck or trailer compartments.
(c) No person may load gasoline into any tank truck or trailer
from any bulk gasoline terminal unless:
(1) the bulk gasoline terminal is equipped with a vapor
control system, capable of complying with Paragraph (d) of
this section, properly installed, in good working order, in
operation and consisting of one of the following:
(i) an absorption, condensation, or incineration
system which processes and recovers vapors and gases
from the equipment being controlled; or,
(ii) a vapor collection system which directs all
vapors to a fuel gas system; and,
(2) all displaced vapors and gases are vented only to the
vapor control system; and,
(3) a means is provided to prevent lio id drainage from the
loading device when it is not in use or to accomplish
complete drainage before the loading dejice s disconnected;
and,
(4) all loading and vapor lines are ecuipped with fittings
which make vapor-tight connections and .‘ihiCh close
automatically when disconnected.
Regulation 7-12, Page
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Printed: February 13, 1995
Cd) Sources affected under Paragraph (c) (1) may not allow mass
emissions of volatile organic compounds from control equipment to
exceed 80 milligrams per liter (4.7 grains per gallon) of
gasoline loaded.
(e) Sources affected under Paragraph (b) may not:
(1) allow gasoline to be discarded in sewers or stored in
open containers or handled in any manner that would result
in evaporation; nor,
(2) allow the pressure in the vapor collection system to
exceed the tank truck or trailer pressure relief settings.
(f) Proof of compliance with this section shall be by the method
of Section 7-24, Paragraph.
THIS IS THE FEDERALLY APPROVED REGULATION AS OF JUNE 26, 1992
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg May 15, 1979 Jun 24, 1982 47 FR 27267
1st Revision Aug 27, l980 Jul 26, 1982 47 FR 32124
2nd Revision Jan 02, 1992 Jun 26, 1992 57 FR 28265
Regulation 7-12, Page 2
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Printed: February 13, 1995
SSECTION 7-13: GASOLINE DISPENSING FACILITY, STAGE 1
(a) For the purpose of this section, the following definitions
apply:
(1) “Gasoline” - means a petroleum distillate having a Reid
vapor pressure of 27.6 kPa(4 psi) or greater.
(2) “Delivery Vessel” - means tank trucks or trailers
equipped with a storage tank and used for the transport of
gasoline from sources of supply to stationary storage tanks
of gasoline dispensing facilities.
(3) “Submerged Fill Pipe” - means any fill pipe with a
discharge opening which is entirely submerged when the level
is six inches above the bottom of the tank.
(4) “Gasoline Dispensing Facility” - means any site where
gasoline is dispensed to motor vehicle gasoline tanks from
stationary storage tanks.
(b) This section applies to all gasoline dispensing facilities.
(C) This section does not apply to:
(1) transfers made to storage tanks of gasoline dispensing
facilities equipped with floating roofs or their
equivalent which have been approved by the Director.
(2) stationary gasoline storage containers of less than
7,570 liters (2,000 gallons), provided the containers
are equipped with submerged fill pipes.
(3) gasoline dispensing facilities with an annual
throughput of less than 260,000 gallons and which is
serviced with a tank truck with a capacity of 4,200
gallons or less, provided records of throughput are
maintained and reported to the Director annually and,
provided all gasoline storage containers are equipped
with submerged fill pipes.
(d) Except as provided under Paragraph (c) of this section, no
owner or operator may transfer or cause or allow the
transfer of gasoline from any delivery vessel into any
stationary storage tank, unless the tank is equipped with a
submerged fill pipe and the vapors displaced from the
storage tank during filling are processed by a vapor control
system in accordance with Paragraph (e) of this section.
(e) The vapor control system required by Paragraph (d) of this
Regulation 7-13, Page 1
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Printed: February 13, 1995
section shall include one or more of the following:
(U a vapor—tight line from the storage tank to the
delivery vessel and a system that will ensure the vapor
line is connected before the gasoline can be
transferred into the tank; or
(2) a refrigeration-condensation system or equivalent
approved by the Director; or
(3) a system demonstrated to have control efficiency
equivalent to or greater than provided under Paragraph
(e) (1) or (e) (2) of this section and approved by the
Director.
(f) The vapor-laden delivery vessel shall be subject to the
following conditions:
(U the delivery vessel must be designed and maintained to
be vapor tight at all times; and
(2) the vapor-laden delivery vessel may be refilled only
at;
(i) bulk gasoline plants complying with Section 7-11;
or,
(ii) bulk gasoline terminals complying with Section
7-12.
(g) Determination of Vapor-tight shall be 40 CFR, Part 60
Appendix A, Reference Method 27.
THIS IS THE FEDERALLY APPROVED REGULATION AS OF JUNE 26, 1992
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg May 15, 1979 Jun 24, 1982 47 FR 27267
1st Revision Aug 27, 1980 Jul 26, 1982 47 FR 32124
2nd Revision Jan 02, 1992 Jun 26, 1992 57 FR 28265
Regulation 7-13, Page 2
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Printed: February 13, 1995
SSECTION 7-14: SOLVENT METAL CLEANING
(a) For the purpose of this section, the following definitions
apply:
(1) “Cold Cleaning” - means the batch process of cleaning
and removing soils from metal surfaces by spraying,
brushing, flushing or immersion while maintaining the
solvent below its boiling point. Wipe cleaning is not
included in this definition.
(2) “Conveyorized Degreasing” - means the continuous
process of cleaning and removing soils from metal
surfaces by operating with either cold or vaporized
solvents.
(3) “Freeboard Height” - means the distance from the top of
the vapor zone to the top of the degreaser tank for
vapor degreasers and from the liquid surface to the top
of degreaser toner for cold cleaners.
(4) “Freeboard Ratio” - means the freeboard height divided
by the width of the degreaser.
(5) “Open Top Vapor Degreasing” - means the batch process
of cleaning and removing soils from metal surfaces by
condensing hot solvent vapor on the colder metal parts.
(6) “Solvent Metal Cleaning” - means the process of
cleaning soils from metal surfaces by cold cleaning or
open top vapor degreasing or conveyorized degreasing.
(b) This section applies to cold cleaning, open top vapor
degreasing and conveyorized degreasing operations, with the
following exceptions:
(1) open top vapor degreasers with an open area smaller
than one square meter (10.8 square feet) shall be
exempt from Paragraphs Cd) (4) (ii) and Cd) (4) (iv) of
this section.
(2) conveyorized degreasers with an air/vapor interface
smaller than 2.0 square meters (21.6 square feet) shall
be exempt from Paragraph (e) (2) of this section.
Cc) Except as provided under Paragraph (b) of this section, the
owner or operator of a cold cleaning facility shall:
(1) equip the cleaner with a cover that can be easily
operated with one hand. Covers for larger cleaners may
Regulation 7-14, Page 1
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Printed: February 13, 1995
require mechanical assistance, by spring loading,
counterweighting, or power systems; and
(2) equip the cleaner with a facility for draining parts.
For solvent with a volatility greater than 4.3 kPa
(32mm Hg or 0.6 Psi) measured at 38°C (100°F), the
drainage facility must be internal, so that parts are
enclosed under the cover while draining. The drainage
facility may be external where an internal type cannot
fit into the cleaning system; and
(3) provide a permanent conspicuous label, summarizing the
operating requirements; and
(4) provide, if used, a solid fluid stream of solvent spray
at a pressure which does not cause excessive splashing;
and
(5) provide one of the following control devices if the
solvent volatility is greater than 4.3 kPa (33mm Hg or
0.6 Psi) measured at 38°C (100°F) or if the solvent is
heated above 50°C (120°F)
(1) a freeboard that gives a freeboard ration equal to
or greater than 0.7; or
(ii) a water cover, provided that the solvent is
insoluble in and heavier than water; or
(iii) other system of equivalent control, such as a
refrigerated chiller or carbon adsorption; and
(6) store waste solvent only in covered containers and not
dispose of waste solvent or transfer it to another
party, such that greater than 20 percent of the waste
solvent (by weight) can evaporate into the atmosphere;
and
(7) close the cover whenever parts are not being handled in
the cleaner; and
(8) drain the cleaned parts for at least 15 seconds or
until dripping ceases.
(d) Except as provided under Paragraph (b) of this section, the
owner or operator of an open top vapor degreaser shall:
(1) equip the vapor degreaser with a cover that can be
opened and closed easily without disturbing the vapor
zone; and
Regulation 7-14, Page 2
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Printed: February 13, 1995
(2) keep the cover closed at all times except when
processing work loads through the degreaser; and
(3) equip the vapor degreaser with:
(i) a condenser flow switch and thermostat, that shuts
off sump heat if condenser coolant is not
circulating or becomes too warm; and
(ii) a spray safety switch shuts off the spray pump if
the vapor level drops excessively, approximately
10 cm (4 inches); and
(4) equip the vapor degreaser with one of the following:
(i) a freeboard ratio greater than or equal to 0.75,
and if the degreaser opening is greater than one
square meter (10 square feet), the cover must be
powered; or
(ii) a refrigerated chiller; or
(iii) an enclosed design whereas the door or cover opens
only when the parts are actually entering or
exiting the degreaser; or
(iv) a carbon adsor tion system, with ventilation equal
to or greater than 15 cubic meters/min/m 2 (50
cfm/ft 2 ) of air/vapor area (when cover is open),
and exhausting less than 25 PPM solvent average
over one complete adsorption cycle; or
(v) a control system, demonstrated to have control
efficiency equivalent to or greater than any of
the above; and
(5) provide a permanent conspicuous label, summarizing the
operating requirements; and
(6) minimize solvent carryout by;
(i) racking parts to allow complete drainage; and,
(ii) moving parts in and out of the degreaser at less
than 3.3 meters per minute (11 feet per minute);
and,
(iii) holding the parts in the vapor zone at least 30
seconds or until condensation ceases; and,
Regulation 7-14, Page 3
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Printed: February 13, 1995
(iv) tipping out any pools of solvent on the cleaned
parts before removal from the vapor zone; and,
(v) allowing parts to dry within the degreaser for at
least 15 seconds or until visually dry; and,
(7) not degreasing porous or absorbent materials, such as
cloth, leather, wood or rope; and,
(8) not occupy more than half of the degreaser’s open top
area with a workload; and,
(9) not load the degreaser to the point where the vapor
level would drop more than 10 centimeters (4 inches)
when the workload enters the vapor zone; and,
(10) always spray below the vapor level; and,
(11) repair solvent leaks immediately, or shutdown the
degreaser; and,
(12) store waste solvent only in covered containers and not
dispose of waste solvent or transfer it to another
party, such that greater than 20 percent of the waste
solvent (by weight) can evaporate into the atmosphere;
and,
(13) not allow water to be visually detectable in solvent
exiting the water separator; and,
(14) not allow exhaust ventilation to exceed 20m 3 /min per m 2
(65 cfm per ft 2 ) of degreaser area, unless required to
meet OSHA requirement. Ventilation fan shall not be
used near the degreaser opening.
(e) Except as provided under Paragraph (b) of this section, the
owner or operator of a conveyorized degreaser shall:
(1) equip the vapor degreaser with covers for both entrance
and exit and close them when the degreaser is not in
operation; and
(2) equip the vapor degreaser with one of the following:
(i) a freeboard ratio greater than or equal to 0.75,
and if the degreaser opening is greater than one
square meter (10 square feet), the cover must be
powered; or
(ii) a carbon adsorption system, with ventilation equal
Regulation 7-14, Page 4
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Printed: February 13. 1995
to or greater than 15 cubic meters/min/ (50
cfrn/ft 2 ) of air/vapor area (when cover is open),
and exhausting less than 25 PPM solvent average
over one complete adsorption cycle; or
(iii) a control system, demonstrated to have control
efficiency equivalent to or greater than any of
the above; and
(3) equip the vapor degreaser with either a drying tunnel,
or another means such as rotating (tumbling) basket,
sufficient to prevent cleaned parts from carrying out
solvent liquid or vapor; and
(4) equip the vapor degreaser with;
(1) a condenser flow switch and thermostat, that shuts
off sump heat if condenser coolant is not
circulating or becomes too warm; and
(ii) a spray safety switch which shuts off spray pump
if the vapor level drops excessively,
approximately 10 cm (4 inches); and
(iii) a vapor level control thermostat that shuts off
sump heat when vapor level rises too high; and
(5) silhouette entrances and exits so that the average
clearance between parts and edges of degreaser openings
is either less than 10 cm (4 in) or less than 10
percent of the width of the opening; and
(6) not allow exhaust ventilation to exceed 20 m 3 /min per
m 2 (65 cfm per ft 2 ) of degreaser area, unless required
to meet OSHA requirement. Ventilation fans shall not
be used near the degreaser opening; and
(7) minimize carryout emissions by:
(i) racking parts for best drainage; and,
(ii) maintaining the vertical conveyer speed at less
than 3.3 meters per minute (11 feet per minute);
and,
(8) store waste solvent only in covered containers and not
dispose of waste solvent or transfer it to another
party, such that greater than 20 percent of the waste
solvent (by weight) can evaporate into the atmosphere;
and
Regulation 7-14, Page 5
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Printed: February 13, 1995
(9) repair solvent leaks immediately, or shut down the
degreaser; and,
(10) not allow water to be visually detectable in solvent
exiting the water separator.
(f) Proof of compliance with this section shall be by the method
of Section 7-24, Paragraph Cd)
THIS IS THE FEDERALLY APPROVED REGULATION AS OF JUNE 26, 1992
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg May 15, 1979 Jun 24, 1982 47 FR 27267
1st Revision Aug 27, 1980 Jul 26, 1982 47 FR 32124
2nd Revision Jan 02, 1992 Jun 26, 1992 57 FR 28265
Regulation 7-14, Page 6
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Printed: February 13, 1995
SSECTION 7-15: PROHIBITION OF CUTBACK ASPHALT
(a) For the purpose of this section, the following definitions
apply:
(1) “Asphalt” - means a dark-brown to black cementitious
material (solid, semisolid, or liquid in consistency)
in which the predominantly constituents are bitumens
which occur in nature as such or which are obtained as
residue in refining petroleum.
(2) “Cutback Asphalt” - means asphalt cement which has been
liquefied by blending with petroleum solvents
(diluents) . Upon exposure to atmospheric conditions
the diluents evaporate, leaving the asphalt cement to
perform its function.
(3) “Penetrating Prime Coat” - means an application of low
viscosity liquid asphalt to an absorbent surface. It
is used to prepare an untreated base for an asphalt
surface. The prime penetrates the base and plugs the
voi ds, hardens the top, and helps bind it to the
overlying asphalt course. It also reduces the
necessity of maintaining an untreated base course prior
to placing the asphalt pavement.
(b) No person may cause, allow or permit the use or application
of cutback asphalts for paving purposes except for:
(1) long-term stockpile storage; or,
(2) application when the ambient temperature is less than
50°C within 4 hours after the time of application; or,
(3) use as a penetrating prime coat.
THIS IS THE FEDERALLY APPROVED REGULATION AS OF JUNE 26, 1992
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg May 15, 1979 Jun 24, 1982 47 FR 27267
1st Revision Aug 27, 1980 Jul 26, 1982 47 FR 32124
2nd Revision Jan 02, 1992 Jun 26, 1992 57 FR 29265
Regulation 7-15, Page 1
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Printed: February 13, 1995
SSECTION 7-16: EMISSION STANDARDS FOR SURFACE COATING OF
MISCELLANEOUS METAL PARTS AND PRODUCTS
(a) For the purpose of this section, the following definitions
apply:
(1) “Air dried coating” - means a coating which is dried by
the use of air or forced warm air at temperatures up to
90°C (194°F)
(2) “Clear coating” - means a coating which lacks color and
opacity or is transparent and uses the undercoat as a
reflectant base or undertone color.
(3) “Extreme performance coating” - means a coating
designed for extreme environmental conditions.
(4) “Extreme environmental conditions” - means exposure to
outdoor conditions most all of the time, temperatures
consistently above 95°C, detergents, abrasive and
scouring agents, solvents, corrosive atmospheres, or
sim’ Llar environmental conditions.
(5) “Coating operation” - means all eauipment which
applies, conveys, and dries a surface coating,
including, but not limited to, spray booths, flow
coaters, flashoff areas, air dryers and ovens.
(6) “Aerospace component” - means the fabricated parts,
assembly of parts or completed unjt of any air craft,
helicopter, missile, or space vehicle.
(b) This section applies to the application area(s), flashoff
area(s), air and forced air dryer(s) and oven(s) used in the
surface coating of miscellaneous metal parts. This section
also applies to prime coat, top coat, and single coat
operations. Miscellaneous parts and products include any
industrial category which coats metal. Parts or products
under The Standard Industrial Classification Code of Major
Groups 33 (Primary Metal Industries), .4 (Fabricated Metal
Products), 35 (Non-electric Machinery), 36 (Electrical
Machinery), 37 (Transportation Equipmenc), 38 (Miscellaneous
Instruments), and 39 (Miscellaneous Manufacturing
Industries)
(c) This section does not apply to stationary sources having the
potential to emit less than 25 tons per year. This section
is not applicable to the surface coating of the following
metal parts and products:
Regulation 7-16, Page 1
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Printed: February 13, 1995
(1) surface coating operation covered by Sections 7-5, 7-8,
and 7-9 of this regulation;
(2) automobiles and light duty trucks;
(3) metal cans;
(4) magnet wire for use in electric machinery;
(5) automobile refinishing;
(6) customized top coating of automobiles and trucks, if
production is less than 35 vehicles per day;
(7) exterior of marine vessels.
(8) Exterior of completely assembled aircraft.
(d) No owner or operator of a facility engaged in the surface
coating of miscellaneous metal parts and products subject to
this section may cause, allow or permit the discharge into
the atmosphere of any volatile organic compound in excess
of:
(1) 0.52 Kg/i (4.3 lb/gal) of coating, excluding water,
delivered to a coat ing applicator in a clear coating
operation.
(2) 0.43 Kg/i (3.5 lb/gal) of coating, excluding water,
delivered to a coating applicator in an air dried
coating operation or in an extreme performance coating
operation.
(3) 0.36 Kg/l (3.0 lb/gal) of coating, excluding water,
delivered to a coating applicator in all other coating
operations.
(e) If more than one emission limitation in Paragraph (d)
applies to a specific coating, then the least stringent
emission limitation shall apply.
(f) All volatile organic compound emissions from solvent
washings shall be considered in the emission limitations in
Paragraph (d), unless the solvent is directed into
containers that prevent evaporation into the atmosphere.
(g) Proof of compliance with this section shall be:
(1) by method of Section 7-24, or
Regulation 7-16, Page 2
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Printed: February 13, 1995
(2) by certification by the manufacturer of the composition
of coating, if supported by batch formulation records.
REGULATION AS OF JUNE 26, 1992
Date Approved Federal
by EPA Register
Jun 24, 1982 47 FR 27267
Jul 26, 1982 47 FR 32124
Oct 31, 1983 48 FR 50079
Jun 26, 1992 57 FR 28265
THIS IS THE FEDERALLY APPROVED
Date Submitted
to EPA
Original Reg May 15, 1979
1st Revision Aug 27, 1980
2nd Revision Jun 03, 1982
3rd Revision Jan 02, 1992
Regulation 7-16, Page 3
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Printed: February 13, 1995
SSECTION 7-17 MANUFACTURE OF PNEUMATIC TIRES
(a) For the purpose of this section, the following definitions
apply:
(1) “Bead Dipping Operation” is the dipping of an assembled
tire bead into a solvent based cement.
(2) “Green Tires” are assembled tires before molding and
curing.
(3) “Green Tire Spraying Operation” is the spraying of
green tires, both inside and outside, with release
compounds which help remove air from the tire during
molding and prevent the tire from sticking to the mold.
(4) “Passenger Type Tires” are agricultural, airplane,
industrial, mobile home, light and medium duty truck,
and passenger vehicle tires with a bead diameter up to
20.0 inches and cross section dimension up to 12.8
inches.
(5) “Pneumatic Rubber Tire Manufacture” is the production
of pneumatic rubber, passenger type tires on a mass
production basis.
(6) “Tread End Cementing Operation” is the application of a
solvent based cement to the tire tread ends.
(7) “Undertread Cementing Operation” is the application of
a solvent based cement to the underside of a tire
tread.
(8) “Water Based Sprays” are release compounds, sprayed on
the inside and outside of green tires, in which solids,
water, and emulsifiers have been substituted for a
portion of the organic solvents.
(b) This section does not apply to the production of specialty
tires for antique or other vehicles when produced on an
irregular basis and when produced on equipment other than
normal production line equipment for passenger tires.
(c) This section applies to the undertread cementing, tread end
cementing, bead dipping, and green tire spraying operation.
(1) The owner or operator of a subject operation shall
install and operate:
Regulation 7-17, Page 1
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Printed: February 13, 1995
(i) A capture system which includes an enclosure or
enclosures of the operation and its conveyors for
the purpose of achieving maximum reasonable
capture of evaporated volatile organic compound.
This system shall be designed consistent with good
ventilation practice such as specified in
Industrial Ventilation Manual of Recommended
Practice-ACGIH-l4th Edition and Handbook of
Ventilation for Contaminant Control , McDermatt.
This system shall be operated and maintained to
assure that openings to an enclosure shall have an
indraft during normal operation; and
(ii) A control device having a least 90.0 percent
reduction efficiency, as measured across the
control device,
(2) The owner or operator of a tread-end cementing
operation may, in lieu of using a vapor capture and
control system such as specified in (c) (1), employ
tread-end cementing by manual application, if it can be
demonstrated to the satisfaction of the Director that
the employment of manual application results in
emissions which are equal to or less than would be
achieved in automatic spraying application with
emission controls as specified in (c) (1),
(3) The owner or operator of a green tire spraying
operation may, in lieu of using a vapor capture and
control system such as specified in (c) (1), use water-
based sprays which contain no more than 10 percent
weighted average volatile organic compounds,
(4) The owner or operator of a subject operation may, in
lieu of a vapor capture and control system such as
specified in (c) (1), make process changes which result
in an emission reduction which is as much or more than
the reduction which would be achieved with emission
controls as specified in (c) (1)
(5) The owner or operator of a subject operation may, in
lieu of using a vapor capture and control system such
as specified in (c) (1), demonstrate to the satisfaction
of the Director that average emissions of volatile
organic compounds are no greater than the following:
(1) For undertread cementing, 28.8 grams per tire,
(ii) For tread-end cementing, 4.6 grams per tire,
Regulation 7-17, Page 2
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Printed: February 13, 1995
(iii) For bead dipping, 2.1 grams per tire, or
(iv) For green tire spraying, 21.4 grams per tire, or
(6) The owner or operator of a facility with more than one
type of subject operation may, in lieu of using a vapor
capture and control system such as specified in (c) (1)
for each operation, demonstrate to the satisfaction of
the Director that the sum of average emissions of
volatile organic compounds per tire from the subject
operations is no greater than the sum of the emission
levels as specified in (c) (5) for the respective
subj ect operations.
Cd) Proof of compliance with this section shall be:
(1) By method of Section 7-24 (d) or an equivalent method
approved by the Director.
(2) Compliance for Paragraph Cc) (3) may be by certification
by the manufacture of the composition of the green tire
spifay, if supported by batch formulation records.
THIS IS THE FEDERALLY APPROVED REGULATION AS OF JUNE 26, 1992
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg May 15, 1979 Jun 24, 1982 47 FR 27267
1st Revision Jan 23, 1981 Jul 26, 1982 47 FR 32124
2nd Revision Feb 16, 1990 Mar 11, 1991 56 FR 10171
3rd Revision Jan 02, 1992 Jun 26, 1992 57 FR 28265
Regulation 7-17, Page 3
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Printed: February 13, 1995
SSECTION 7-18 GRAPHIC ARTS - ROTOGRAVURE AND FLEXOGRAPHY
(a) For the purpose of this section, the following definitions
apply:
(1) “Coating” - means the application of a uniform layer of
material across the width of the substrate surface.
(2) “Flexographic Printing” - means the application of
words, designs, and pictures to a substrate by means of
a roll printing technique to which the pattern to be
applied is raised above the printing roll and the image
carrier is made of rubber or other elastomeric
materials.
(3) “Packaging rotogravure printing” - means rotogravure
printing upon paper, paper board, metal foil, plastic
film, and other substrates, which are, in subsequent
operations, formed into packaging products and labels
for articles to be sold.
(4) “Printing operation” - means all printing, coating,
oven, and drying units in a printing line.
(5) “Publication rotogravure printing” - means rotogravure
printing upon paper which is subsequently formed into
books, magazines, catalogues, brochures, directories,
newspaper supplements, and other types of printed
materials intended for either external or in-house use.
(6) “Roll printing” - means the application of words,
designs and pictures to a substrate usually by means of
a series of hard rubber or steel rolls each with only
partial coverage.
(7) “Rotogravure printing” - means the application of
words, designs, and pictures to a substrate by means of
a roll printing technique which involves an intaglio or
recessed image areas in the form of cells.
(b) This section applies to all packaging rotogravure, and
flexographic printing operations from a facility having a
potential to emit 25 tons per year or greater volatile
organic compound emissions from subjecc printing operations.
(c) No owner or operator of a printing facility subject to this
section may cause, allow, or permit the discharge into the
atmosphere of any volatile organic compounds from a printing
operation unless:
Regulation 7-18, Page 1
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Printed: February 13, 1995
(1) the volatile fraction of the ink, as it is applied to
the substrate, contains 25.0 percent by volume or less
of organic compounds and 75.0 percent by volume or more
of water;
(2) the ink, less its water content, as it is applied to
the substrate, contains 60.0 percent by volume or more
non volatile material; or,
(3) install and operate an emission reduction system demon-
strated to provide an overall reduction in volatile
organic compound emissions of at least:
(i) 75.0 percent where a publication rotogravure
process is employed;
(ii) 65.0 percent where a packaging rotogravure process
is employed;
(iii) 60.0 percent where a flexographic printing process
is employed.
(d) Proof or compliance with this section shall be:
(1) by methods of Section 7-24, or
(2) by certification by the ink manufacturer of the
composition of the ink, if supported by batch
formulation records.
THIS IS THE FEDERALLY APPROVED REGULATION AS OF JUNE 26, 1992
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg May 15, 1979 Jun 24, 1982 47 FR 27267
1st Revision Jan 23, 1981 Jul 26, 1982 47 FR 32124
2nd Revision Feb 16, 1990 Mar 11, 1991 56 FR 10171
3rd Revision Jan 02, 1992 Jun 26, 1992 57 FR 28265
Regulation 7-18, Page 2
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Printed: February 13, 1995
SSECTION 7-19: PERCHLOROETHYLENE DRY CLEANING
(a) For the purpose of this Section “Perchioroethylene dry
cleaning” is the cleaning of fabrics in perchioroethylene
solvent by means of one or more washes in the solvent,
extraction of excess solvent by spinning, and drying by
tumbling in an airstream, the operation including but is not
limited to washers, dryers, filter and purification systems,
waste disposal systems, holding tanks, pumps, and attendant
piping and valves.
(b) This section applies to all perchioroethylene dry cleaning
facilities.
(c) The owner or operator of a perchloroethylene dry cleaning
facility subject to this section shall:
(1) Vent the dryer exhaust through a carbon adsorption
system or equally effective control device;
(2) Emit no more than 100 ppmv of volatile organic compound
frdrn the dryer control device before dilution;
(3) Maintain all components to prevent leaking of liquid
volatile organic compounds;
(4) Cook or treat all diatomaceous earth filters so that
the residue contains 25 kg or less of volatile organic
compounds per 100 kg of wet waste material;
(5) Reduce the volatile organic compounds from all solvent
stills to 60 kg or less per 100 kg of wet material;
(6) Drain all filtration cartridges in the filter housing
for at least 24 hours before discarding cartridges;
(7) When possible, dry all drained cartridges without
emitting volatile organic compounds to the atmosphere.
(d) This section does not apply to perchioroethylene dry clean-
ing facilities which are coin-operated; facilities where an
adsorber cannot be accommodated because of inadequate space;
or facilities with insufficient steam capacity to desorb
adsorbers.
(e) Proof of compliance with this section shall be by methods of
Section 7-24.
Regulation 7-19, Page 1
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Printed: February 13, 1995
THIS IS THE FEDERALLY APPROVED REGULATION AS OF JUNE 26, 1992
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg May 15, 1979 Jun 24, 1982 47 FR 27267
1st Revision Jan 23, 1981 Jul 26, 1982 47 FR 32124
2nd Revision Feb 16, 1990 Mar 11, 1991 56 FR 10171
3rd Revision Jan 02, 1992 Jun 26 1992 57 FR 28265
Regulation 7-19, Page 2
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Printed: February 13, 1995
SSECTION 7-20: RESERVED
THIS IS THE FEDERALLY APPROVED REGULATION AS OF MARCH 11, 1991
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg Jun 03, 1982 Oct 31, 1983 48 FR 50079
1st Revision Feb 16, 1990 Mar 11, 1991 56 FR 10171
2nd Revision Jan 02, 1992 Jun 26, 1992 57 FR 28265
Regulation 7-20, Page 1
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Printed: February 13, 1995
SSECTION 7-21: PETROLEUM LIQUID STORAGE IN EXTERNAL FLOATING ROOF
TANKS
(a) For the purpose of this section, the following definitions
apply:
(1) “Condensate” - means hydrocarbon liquid separated from
natural gas which condenses due to changes in the
temperature and/or pressure and remains liquid at
standard conditions.
(2) “Crude oil” - means a naturally occurring mixture which
consists of hydrocarbons and/or sulfur, nitrogen and/or
oxygen derivatives of hydrocarbons and which is a
liquid at standard conditions.
(3) “Custody transfer” - means the transfer of produced
crude oil and/or condensate, after processing and/or
treating in the producing operations, from storage
tanks or automatic transfer facilities to pipelines or
any other forms of transportation.
(4) “External floating roof” - means a storage vessel cover
in an open top tank consisting of a double deck or
pontoon single deck which rests upon and is supported
by the petroleum lfquid being contained and is equipped
with a closure seal or seals to close the space between
the roof edge and tank shell.
(5) “Liquid-mounted seal” - means a primary seal mounted in
continuous contact with the liquid between the tank
wall and the floating roof around the circumference of
the tank.
(6) “Petroleum liquids” - means crude oil, condensate, and
any finished or intermediate products manufactured or
extracted in a petroleum refinery.
(7) “Vapor-mounted seal” - means a primary seal mounted so
there is an annular vapor space underneath the seal.
The annular vapor space is bounded by the bottom of the
primary seal, the tank wall,the liquid surface, and the
floating roof.
(8) “Waxy, heavy pour crude oil” - means a crude oil with a
pour point of 50°F or higher as determined by the
American Society for Testing and Materials Standard
D97-66, “Test for Pour Point of Petroleum Oils.”
Regulation 7-21, Page 1
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Printed: February 13, 1995
(b) This section applies, to all petroleum liquid storage
vessels equipped with external floating roofs, with
capacities greater than 150,000 liters (40,000 gallons),
containing volatile petroleum liquids whose true vapor
pressure is greater than 10.5 kilo pascal (1.52 psia)
(c) This section does not apply to volatile petroleum liquid
storage vessels which:
(1) are used to store waxy, heavy pour crude oil;
(2) having capacities less than 1,600,000 liters (420,000
gallons) and are used to store produced crude oil and
condensate prior to lease custody transfer;
(3) contain a petroleum liquid with a true vapor pressure
less than 27.6 kPa (4.0 psia); and
(1) are of welded construction; and,
(ii) presently possess a metallic-type shoe seal, a
liquid-mounted foam seal, a liquid- mounted liquid
filled type seal, or other closure device of
demonstrated equivalence approved by the Director;
or
(4) are of welded cons uction, equipped with a
metallic-type shoe primary seal and has a secondary
seal from the top of the shoe seal to the tank well
(shoe-mounted secondary seal).
(d) Except as provided under Paragraph (c) of this section, no
owner or operator of an affected petroleum liquid storage
vessel shall store a petroleum liquid in that vessel unless:
(1) the vessel has been fitted with:
(i) a continuous secondary seal extending from the
floating roof to the tank wall (rim-mounted
secondary seal); or
(ii) a closure or other device which controls volatile
organic compound emissions with an effectiveness
equal to or greater than a seal required under
Part (d) (1) (i) of this section and approved by the
Director.
(2) all seal closure devices meet the following
requirements:
Regulation 7-21, Page 2
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Printed: February 13, 1995
(i) there are no visible holes, tears, or other
openings in the seal(s) or seal fabrics
(ii) the seal(s) are intact and uniformly in place
around the circumference of the floating roof
between the floating roof and the tank well; and,
(iii) for vapor mounted primary seals, the accumulated
area of gaps exceeding 0.32 cm (1/8 in.) in width
between the secondary seal and the tank wall shall
not exceed 21.2 cm 2 per meter of tank diameter
(1.0 in. 2 per foot of tank diameter).
(3) all openings in the external floating roof, except for
automatic bleeder vents, rim space vents, and leg
sleeves, are:
(i) equipped with covers, seals, or lids in the closed
position except when the openings are in actual
use; and,
(ii) equipped with projections into the tank which
remains below the liquid surface at all times.
(4) automatic bleeder vents are closed at all times except
•when the roof is floated off or landed on the roof leg
supports;
(5) rim vents are set to open when the roof is being
floated off the leg supports or at the manufacturer’s
recommended setting; and,
(6) emergency roof drains are provided with slotted
membrane fabric covers or equivalent covers which cover
at least 90 percent of the area of the opening.
(e) The owner or operator of a petroleum liquid storage ‘ essel
with an external floating roof subject to this section
shall:
(1) measure the secondary seal gap, when the floating roof
is equipped with a vapor-mounted primary seal,
annually;
(2) routine inspection for other components semi-annually;
(3) maintain records of the types of volatile petroleum
liquid stored, and the results of the inspections
performed in (1) and (2).
Regulation 7-21, Page 3
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Printed: February 13, 1995
(f) The owner or operator of a petroleum liquid storage vessel
with an external floating roof exempted from this section,
but containing a petroleum liquid with a true vapor pressure
greater than 7.0 kPa (1.0 psia), shall maintain records of
the average monthly storage temperature and the true vapor
pressures of volatile petroleum liquids stored.
(g) Copies of all records under Paragraphs (e) and (f) of this
section shall be retained by the owner or operator for a
period of two years after the date on which the record was
made. These records must be made available to the Director,
upon request.
(h) Compliance with Paragraph (d) (2) (iii) shall be determined by
physically measuring the length and width of all gaps around
the circumference of the secondary seal in each place where
a 0.32 cm (1/8 in.) uniform diameter probe passes freely
(without forcing or binding against the seal) between the
seal and tank wall; and summing the area of the individual
gaps.
THIS IS THE FEDERALLY APPROVED REGULATION AS OF MARCH 11, 1991
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg May 15, 1979 Jun 24, 1982 47 FR 27267
1st Revision Aug 27, 1980 Jul 26, 1982 47 FR 32124
2nd Revision Feb 16, 1990 Mar 11, 1991 56 FR 10171
3rd Revision Jan 02, 1992 Jun 26, 1992 57 FR 28265
Regulation 7-21, Page 4
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Printed: February 13, 1995
SSECTION 7-22: RESERVED
Regulation 7-22, Page 1
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Printed: February 13, 1995
SSECTION 7-23 SPECIAL PROVISIONS FOR NEW VOLATILE ORGANIC
COMPOUND SOURCES AND MODIFICATIONS
(a) Definitions
(1) “Best Available Control Technology (BACT)” - is an
emission rate based on the maximum degree of reduction,
taking into account energy, environmental and economic
impacts, and other costs. In no event shall
application of BACT result in emissions of any
pollutant which will exceed the emission allowed by the
New Source Performance Standards.
(2) “Lowest Achievable Emission Rate (LAER)” - the rate of
emission which reflects the most stringent emission
limitation which is achieved in practice by such class
or category of sources. In no event shall the
application of this term permit a proposed, new, or
modified source to emit any pollutant in excess of the
amount allowable under applicable new source standards
of performance.
(b) Regardless of the specific emission standards of this
regulation, all new or modified stationary sources which
have the potential to enhit greater than 100 tons per year of
volatile organic compounds shall utilize LAER.
(c) Any new or modified stationary sources which have a
potential to emit less than 100 tons per year of volatile
organic compounds (VOC) shall utilize BACT.
THIS IS THE FEDERALLY APPROVED REGULATION AS OF JUNE 26, 1992
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg May 15, 1979 Jun 24, 1982 47 FR 27267
1st Revision Aug 27, 1980 Jul 26, 1982 47 FR 32124
2nd Revision Jan 01, 1992 Jun 26, 1992 57 FR 28265
Regulation 7-23, Page 1
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Printed: February 13, 1995
SSECTION 7-24: TEST METHODS AND PROCEDURES
(a) General Provisions
(1) The owner or operator of any volacile organic compound
source required to comply with the provisions of this
Regulation, shall, at his own expense, demonstrate
complete compliance by the methods of this Section or
an alternative method approved by the United Scates
Environmental Protection Agency. All tests shall be
made by, or under the direction of, a person aualif led
by training and/or experience in the field of air
pollution testing.
(2) No volatile organic compound emissions compliance
testing will be allowed, nor the results accepted,
unless prior notification has been supplied to the
Director as required under Paragraphs (3) and (4) of
this section and the Director has granted approval.
(3) Any person proposing to conduct a volatile organic
corrtpound emission test for the purpose of demonstrating
compliance shall notify the Director, in the manner set
forth under Paragraph (4) of this Section, of the
intent to test not less than 30 days before the
proposed initiation of the tests so the Director may,
at his option, observe the test.
(4) Any person notifying the Director of a proposed
volatile organic compound emissions test shall include,
as part of notification, the following minimum
information:
Ci) a statement indicating the purpose of the proposed
test and the applicable Section of the Regulation
and,
(ii) a detailed description of the facility to be
tested; and,
(iii) a detailed description of the test procedures,
equipment, and sampling sites; and,
(iv) a timetable, setting forth the dates on which:
(aa) the testing will be conducted; and,
(bb) the final test report will be submitced
Regulation 7-24, Page 1
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Printed: February 13, 1995
(5) For compliance determination, the owner or operator of
any volatile organic compound emissions source shall be
responsible for providing;
(i) sampling ports, pipes, lines, or appurtenances for
the collection of samples and data required by the
test procedure; and,
(ii) safe access to the sample and data collection
locations; and,
(iii) light, electricity, and other utilities required
for sample and data collection.
(6) Unless otherwise specified in an applicable Section of
this Regulation each performance test shall consist of
three separate one hour runs using the applicable test
method. For the purpose of determining compliance with
applicable standards, the arithmetic means of results
of three runs shall apply.
(b) Determin ation of volatile organic compound (VOC) content of
Surface coatings.
(1) This method applies to the determination of VOC
content, water cont ent, density, volume solids and
weight solids of paint, varnish, lacquer, or related
surface coatings.
(2) For the purpose of this method, a representative sample
of the surface coating shall be obtained at the point
of delivery to the coater or any other point in the
process that the Director approves where the sample is
representative of the coating delivered to the coater.
(3) The VOC content, water content, density, volume solids,
and weight solids of the sample shall be determined in
accordance with Reference Method 24 as outlined in 40
CFR, Part 60, Appendix A, 11 Reference Methods.”
(c) Determination of volatile organic compound (VOC) content of
printing inks and related coatings.
(1) This method applies to the determination of the VOC
content and density of solvent-borne printing inks and
related coating.
Regulation 7-24, Page 2
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Printed: February 13, 1995
(2) For the purpose of this method, a representative sample
of the ink or related coating shall be obtained at the
point of delivery to the coater or any other point in
the process that the Director approves where the sample
is representative of the coating delivered to the
coater.
(3) The VOC content and density of the sample shall be
determined in accordance with Reference Method 24A as
outlined in 40 CFR, Part 60, Appendix A, “Reference
Methods.”
(d) Determination of volatile organic compound (VOC) emission
control system efficiency.
(1) The provisions of this Section are generally applicable
to any test method employed to determine the collection
or control efficiency of any device or system designed,
installed, and operated for the purpose of reducing
volatile organic compound emissions.
(2) The following procedures shall be included in any
eff iciency determination:
(i) The volatile organic compound containing material
shall be sampled and analyzed in accordance with
Subsection (bY or (c) of this Section in order to
quantify the VOC emissions that would result from
use of the material.
(ii) Otherwise capture efficiency shall be determined
in accordance with one of the methods outlined in
40 CFR Part 52, Subpart 0, Appendix B, FR 55, No
126, June 29, 1990, 26887—26909.
(iii) Three one hour tests shall be conducted
simultaneously at the inlet and outlet of the
control device in accordance with Reference
Methods 25, 25A or 25B as approved by the Director
and outlined in 40 CFR, Part 60, Appendix A,
“Reference Methods.”
(iv) The efficiency of the control device shall be
expressed as the ifraction of total combustible
carbon content reduction achieved.
(vi) The VOC mass emission rate shall be expressed as
the sum of emissions from the control device,
emissions not collected by the capture system and
capture system losses.
Regulation 7-24, Page 3
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Printed: February 13, 1995
(e) Det.ermination of volatile organic compound (VOC) emissions
from bulk gasoline terminals.
(1) For the purpose of demonstrating compliance with
Section 7-12 of this Regulation, the following test
methods outlined in 40 CFR, Part 60, Appendix A,
Reference Methods” shall be used:
(i) For the determination of volume at the exhaust
vent use:
(aa) Reference Method 2B for combustion type vapor
processing systems; and
(bb) Reference Method 2A for all other vapor
processing systems.
(ii) For the determination of the total VOC
concentration at the exhaust vent use Reference
Method 25A or 258 and the appropriate range of
calibration gases consisting of either propane or
butane in nitrogen.
(iii) Prior to conducting the compliance test, all
potential sou ces of vapor leakage in the vapor
collection system shall be monitored for leaks
utilizing Reference Method 21 while a gasoline
tank truck is being loaded. A reading of 10,000
ppmv shall be considered a leak. All leaks shall
be repaired prior to conducting the compliance
test.
(2) Summary of the compliance test procedure:
(1) The time period for a compliance test shall be not
less than 6 hours during which time at least
300,000 liters of gasoline are loaded. If the
thruput criteria is not met during the initial 6
hours, the test shall be concinued until the
thruput criteria is met.
(ii) Prior to testing, calibrate and install a pressure
measurement device (liquid manometer, magnehelic
gauge or equivalent) in the terminal’s vapor
collection system as close as possible to the
connection with the gasoline tank truck. During
the compliance test, record the pressure every 5
minutes while a tank truck is being loaded.
Regulation 7-24, Page 4
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Printed: February 13 1995
(iii) For intermittent vapor processing systems:
(aa) The vapor holder level shall be recorded at
the start of the compliance test. The end of
the compliance test shall coincide with a
time when the vapor holder is at its original
level.
(bb) At least two startups and shutdowns of the
vapor processor shall occur during the
compliance test. If this does not occur
under normal operation, the system shall be
manually controlled.
(3) Measurements and data required for demonstrating
compliance with Section 7-12 of this Regulation.
(1) The volume of gasoline dispensed during the
compliance test period at all loading racks whose
vapor emissions are controlled by the processing
system shall be determined from terminal records
or from dispensing meters at each loading rack.
(ii) An emission testing interval shall consist of each
five minute period during the compliance test.
For each interval:
(aa) A reading from each measurement instrument
shall be recorded, and
(bb) The volume of air-vapor mixture exhausted and
the average total volatile organic compound
concentration in the exhaust shall be
determined as specified in the appropriate
reference test method.
(iii) The total volatile organic compound mass emission
rate shall be determined as follows:
(aa) The mass of total volatile organic compounds
emitted during each five minute interval
shall be calculated as follows:
Mei = 106 K yes Ce
Where:
Mel = Mass of total organic compounds emitted
during testing interval i (mg)
Regulation 7-24, Page 5
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Printed: February 13, 1995
Ves = Volume of air-vapor mixture exhausted,
m 3 , at standard conditions.
Ce = Total volatile organic compound
concentration (as measured) at the exhaust
vent, ppmv.
K = Density of calibration gas, mg/rn 3 , at
standard conditions.
= 1.83 x 106 for propane
= 2.41 x 106 for butane
s = Standard Conditions, 20°C and 760 mm Hg
(bb) The total volatile organic compound mass
emission per volume of gasoline loaded shall
be calculated as follows:
Mei
L
Where
E = Mass of total volatile organic compounds
emitted 5er volume of gasoline loaded,
mg/liter.
Mei = Mass of total volatile organic
compounds emitted during testing interval i,
mg.
= Total volume of gasoline loaded, liters.
n = Number of testing intervals.
(cc) The owner or operator may adjust the emission
results to exclude the methane and ethane
content in the exhaust vent by any method
approved by the Director.
Regulation 7-24, Page 6
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Printed: February l3 1995
(f) Determination of volatile organic compound emissions from
any source not specifically covered by other paragraphs of
this Section shall be by:
(1) The applicable Reference Method outlined in 40 CFR,
Part 60, Appendix A, “Reference Methods,” or
(2) An equivalent method approved by the United States
Environmental Protection Agency.
THIS IS THE FEDERALLY APPROVED REGULATION AS OF JUNE 26, 1992
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg May 15, 1979 Jun 24, 1982 47 FR 27267
1st Revision Aug 27, 1980 Jul 26, 1982 47 FR 32124
2nd Revision Jan 02, 1992 Jun 25, 1992 57 FR 28265
Regulation 7-24, Page 7
-------
printed: February 13, 1995
SSection 7-25 - RECORD KEEPING AND REPORTING REQUIREMENTS
(a) The following data must be maintained on site and made
available for inspection upon request:
(1) Coating formulation and analytical data,
(2) Coating consumption data,
(3) Capture and control equipment performance data,
(4) Spray applicator transfer efficiency data,
(5) Process information needed to demonstrate compliance
with any applicable section of this Regulation.
THIS IS THE FEDERALLY APPROVED REGULATION AS OF JUNE 26, 1992
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg May 15, 1979 Jun 24, 1982 47 FR 27267
1st Revision Aug 27, 1980 Jul 26, 1982 47 FR 32124
2nd Revision Jan 02, 1992 Jun 25, 1992 57 FR 28265
Regulation 7-25, Page 1
-------
Printed: October 11, 1996
METROPOLIThN HEALTH DEPARTMENT
BUREAU OF POLLUTION CONTROL
Regulation No. 8
REGULATION OF EMISSIONS FROM LIGHT-DUTY MOTOR VEHICLES THROUGH
MANDATORY VEHICLE INSPECTION AND MAINTENANCE PROGRAM
SECTION 8-1: DEFINITIONS
All terms not defined herein shall have the meaning given in
Chapter 10.56, “Air Pollution Control,” Section 10.56.010,
“Definitions,” of the Metropolitan Code of Law.
(a) “Air Pollutant” - means any particulate matter or any gas or
vapor other than water or any combination thereof including
any physical, chemical, biological, radioactive substance or
matter which is emitted into or otherwise enters the ambient
air.
(b) “Antique Motor Vehicle” - means any motor vehicle over
twenty-five (25) years old which is owned solely as a
collectors’ item and is used for participation in club
activities, exhibits, tours, parades and similar uses, but
in no event for general transportation.
(c) “Carbon Dioxide” - means a compound consisting of the
chemical formula (C0 2 ).
(d) “Carbon Monoxide” - means a compound consisting of the
chemical formula (CO).
(e) “Catalytic Converter” - means a pollution control device
containing a catalyst for converting automobile exhaust into
mostly harmless products.
(f) “Certificate of Compliance” - means a certification issued
by a Department vehicle inspector or a fleet vehicle
inspector that the motor vehicle identified on the
certificate complies with the emission performance and anti-
tampering criteria appropriate to the vehicle as specified
in this Regulation.
(g) “Contractor” - means a person, business firm, partnership,
or corporation with whom the Department has a contract which
provides for the operation of one or more Official
Inspect ion Stations.
Regulation 8, Page 1
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Printed: October 11, 1996
(h) “Department” - means the Department of Health of the
Metropolitan Government, including the Metropolitan Board of
Health, agents, employees and divisions.
(i) “Department Vehicle Inspector” - means any person employed
by the Department and/or contractor who is certified by the
Director as qualified to perform vehicle emissions
performance and anti-tamperii g inspections.
(j) “Diesel Powered Motor Vehicle” - means a motor vehicle
powered by a compression-ignition internal combustion
engine.
(k) “Director” - means the chief administrative officer of the
Metropolitan Board of Health or his designated
representative.
(1) “Electric Powered Motor Vehicle” - means a motor vehicle
which uses a propulsive unit powered exclusively by
electricity.
(m) “ ission” - means the act of releasing or discharging air
pollutants into the alTlbient air from any source.
(n) “Exhaust emissions” - means substances emitted into the
atmosphere from any opening downstream from the exhaust
ports of a motor vehicle engine.
(0) “Exhaust Gas Analyzer” - means a device for sensing the
amount of air pollutants, including carbon monoxide and
hydrocarbons, in the exhaust emissions of a motor vehicle.
For the purposes of this regulation, this shall mean
analyzing devices of the non-dispersive infrared type or any
other analyzing devices that provide equal or greater
accuracy as approved by the Director.
(p) “Factory-installed Motor Vehicle Pollutant Control System” -
means a motor vehicle pollution control system installed by
the vehicle or engine manufacturer to comply with United
States government motor vehicle emission control laws and
regulations.
(q) “Fleet” - Fifty (50) or more light duty motor vehicles owned
by the same person or business entity which are in-use,
registered in Davidson County and not owned or held
primarily for the purpose of resale.
(r) “Fleet Inspection Location” - Any motor vehicle inspection
facility operated by a fleet operator holding a valid fleet
inspection permit.
Regulation 8, Page 2
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Printed: October 11, 1996
(s) “Fleet Inspection Permit” - A certificate issued by the
Director authorizing a fleet operator to conduct motor
vehicle inspections in accordance with this regulation and
other requirements as determined by the Department.
(t) “Fleet Operator” - The person owning a group of motor
vehicles which constitute a fleet as defined in this
regulation.
(u) “Fleet Vehicle Inspector ” - means any person retained by a
fleet operator holding a valid fleet inspection permit and
who is certified by the Director as qualified to perform
vehicle emissions performance and anti-tampering
inspections.
(v) “Gasoline Inlet Restrictor” - means the leaded fuel nozzle
restrictor installed on motor vehicles which was designated
for the use of unleaded gasoline only.
(w) “Gasoline Powered Motor Vehicle” - means any motor vehicle
powered by a spark-ignition internal combustion engine.
(x) “GVWR” - Gross vehicle weight as determined from combined
manufacturer vehicle and maximum load rating.
(y) “Heavy-duty Motor Vehicle” - means any motor vehicle having
a combined manufacturer vehicle and maximum loading rate
(GVWR) to be carried thereon in excess of 8500 pounds (3855
kilograms).
(z) “Hydrocarbon” - means a class of chemical compounds
consisting of hydrogen and carbon.
(aa) “Idle Speed” - means the unloaded engine speed of a motor
vehicle when the accelerator pedal is fully released. In a
vehicle equipped with an automatic transmission the drive
selector shall be in neutral or park. In a vehicle equipped
with a manual transmission, the gear selector shall be in
neutral and the clutch fully engaged. In all vehicles,
engine operated accessories shall be turned of f.
(bb) “Internal Combustion Engine” - means any engine in which the
combustion of gaseous, liquid or pulverized solid fuel takes
place within one or more cylinders.
(cc) “Light-duty Motor Vehicle” - means any motor vehicle having
a combined manufacturer vehicle and maximum load rating to
be carried thereon (GVWR) of not more than 8500 pounds (3855
kilograms).
Regulation 8, Page 3
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Printed: October 11, 1996
(dd) “Manufacturers Idle-speed Specification” - means the engine
idle speed specified for a particular motor vehicle as
printed on the engine compartment emissions system data
plate or in the owners manual.
(ee) “Metropolitan Motor Vehicle Regulatory License” - means the
annual motor vehicle license required by Section 5.32.140 of
the Metropolitan Code as a condition for legal operation of
certain classes of motor vehicles.
(ff) “Metropolitan Wheel Tax” - means the annual commercial
vehicle tax required by Section 5.32.020 of the Metropolitan
Code as a condition for legal operation of certain classes
of motor vehicles.
(gg) “Model Year” - means the annual production period of new
motor vehicles or new motor vehicle engines designated by
the calendar year in which such production ends. If the
manufacturer does not designate a production period, the
year with respect to such vehicles or engines shall mean the
twelve (12) month period beginning January of the year in
which production thereof begins. The model year for a motor
vehicle constructed by other than the original manufacturer
shall be assigned by the Director.
(hh) “Motor Vehicle” - means any self-propelled vehicle used for
transporting persons or commodities on public roads.
(ii) “Motorcycle” - means any motor vehicle having a seat or
saddle for the use of the rider and designed to travel on
not more than three wheels in contact with the ground and
having a curb weight of 2000 pounds (907 kilometers) or
less.
(jj) “New motor vehicle” - means any motor vehicle that has never
been previously titled or registered in this or any other
jurisdiction and whose ownership document remains as a
manufacturer’s certificate of origin.
(kk) “Official Inspection Station” - means a facility operated by
the Department and/or contractor to conduct motor vehicle
inspections pursuant to this regulation.
(11) “Opacity” - means the degree to which emissions reduce the
transmission of light and obscure the view of an object in
the background.
(mm) “Person” - means any individual natural person, trustee,
court-appointed representative, syndicate, association,
partnership, firm, club, company, corporation, business
Regulation 8, Page 4
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Printed: October 11, 1996
trust, institution, agency, government corporation,
municipal corporation, city, county, municipality, district
or other political subdivision, department, bureau, agency
or other entity recognized by law as the subject of rights
and duties, and any officer, agent, or employee thereof.
The masculine, feminine, singular, or plural is included in
any circumstances.
(nn) “Pollution Control Device” - means equipment designed by the
manufacturer for installation on a motor vehicle for the
purpose of reducing pollutants emitted from the vehicle, or
a system or engine modification on a motor vehicle which
causes a reduction of pollutants emitted from the vehicle.
(00) itppMut - means parts per million by volume.
(pp) “RPM” - means engine crankshaft revolutions per minute.
(qq) tIT peringtI - means to remove, render inoperative, cause to
be removed, or make less operative any emission control
device, unless such removal or act to render inoperative or
less operative is for the purpose of motor vehicle disposal
or salvage operation.
(rr) “Vehicle Exhaust System” - means all devices, equipment and
systems which transport exhaust emissions from the exhaust
ports of the motor vehicle engine to the atmosphere.
THIS IS THE FEDER.ALLY APPROVED REGULATION AS OF SEPT 2 BER 26, 1995.
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 14, 1985 JUN 03, 1986 50 FR 19836
1st Revision MAR 17, 1994* JUL 28, 1995 60 FR 38694
2nd Revision
* Note: In the submittal made on March 17, 1994, Nashville deleted
Regulation Number 8 and replaced it in its entirety with a new
I/M regulation.
Regulation 8, Page 5
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(THIS PAGE IS INTENTIONALLY BLANK)
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Printed: October 11, 1996
SECTION 8-2: MOTOR VEHICLE INSPECTION REQUIREMENT
(a) All light duty motor vehicles either registered in Davidson
County, or directly with the motor vehicle division of the
Tennessee Department of Revenue pursuant to T.C.A. Section
55-4-207 and used within or assigned to user within Davidson
County, except those excepted in Section 8-3 of this
Regulation, are required to be inspected annually for
compliance with emissions performance and safety equipment
criteria in Sections 8-4 and 8-5 of this Regulation. Owners
of vehicles so inspected are required to obtain a
Certificate of Compliance. A Certificate of Compliance
shall be valid for 90 days following the date of issuance,
except for those registered pursuant to T.C.A. 55-4-207,
which shall be valid for one year.
(b) A Certificate of Compliance shall be issued only by a
Department and/or contractor vehicle inspector or a licensed
fleet vehicle inspector and only after the vehicle
demonstrates compliance with the test criteria established
in Sections 8-4 and 8-5 of this Regulation.
(c) All light duty motor vehicles required to obtain a
Certificate of Compliance except those vehicles contained in
a fleet which has a valid fleet inspection permit and those
vehicles registered in Davidson County but not subject to
either the Metropolitan Wheel Tax or the Metropolitan Motor
Vehicle Regulatory License requirements shall obtain a valid
Certificate of Compliance within ninety (90) days prior to
the required date for payment of the wheel tax or the motor
vehicle regulatory license fee as appropriate to the class
of motor vehicle.
(d) All light duty motor vehicles required to obtain a
Certificate of Compliance and which are either contained in
a fleet having a valid fleet inspection permit or are
vehicles registered in Davidson County but exempted from the
Metropolitan Wheel Tax and Metropolitan Motor Vehicle
Regulatory License requirements shall obtain a valid
Certificate of Compliance within ninety (90) days prior to a
compliance date for that particular motor vehicle. A
schedule of compliance dates for such vehicles shall be
established by the Director.
(e) The Certificate of Compliance must be presented prior to the
issuance of the Metropolitan Wheel Tax or the Metropolitan
Vehicle• Regulatory License.
Regulation 8, Page 6
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Printed: October 11, 1996
THIS IS THE FEDERALLY APPROVED REGULATION AS OF SEPTEMBER 26, 1995.
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 14, 1985 JUN 03, 1986 50 FR 19836
1st Revision MAR 17, 1994* JUL 28, 1995 60 FR 38694
2nd Revision
* Note: In the submittal made on March 17, 1994, Nashville deleted
Regulation Number 8 and replaced it in its entirety with a new
I/M regulation.
Regulation 8, Page 7
-------
Original Reg
1st Revision
2nd Revision
Printed: October 11, 1996
SECTION 8-3: EXEMPTION FROM MOTOR VEHICLE INSPECTION EQUIPMENT
(a) The following classes of motor vehicles are exempted from
the requirement established in Section 8-2 of this
Regulation:
(1) New motor vehicles being registered for the first time;
(2) Heavy duty motor vehicles;
(3) Motorcycles;
(4) Antique motor vehicles;
(5) Diesel powered light duty motor vehicles;
(6) Electric powered light duty motor vehicles; and
(7) Gasoline powered light duty motor vehicles with a
designated model year prior to 1975.
(b) When a motor vehicle is equipped with other than the
original engine, the vehicle shall be classified for
purposes of the emission performance test by the model year
of the chassis.
THIS IS THE FEDER.ALLY APPROVED REGULATION AS OF SEPTEMBER 26, 1995.
Date Submitted Date Approved Federal
to EPA by EPA Register
JUN 14, 1985 JUN 03, 1986 50 FR 19836
MAR 17, 1994* JUL 28, 1995 60 FR 38694
* Note: In the submittal made on March 17, 1994, Nashville deleted
Regulation Number 8 and replaced it in its entirety with a new
I/M regulation.
Regulation 8, Page 8
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Printed: October II, 1996
SECTION 8-4: MOTOR VEHICLE EMISSION PERFORMANCE TEST CRITERIA
(a) Vehicles shall not be allowed to complete emission
performance testing if one or more of the following
conditions exist when the vehicle is presented f or testing:
(1) The vehicle exhaust system leaks in such a way as to
dilute the exhaust emissions being sampled by the
exhaust gas analyzer; the sum of carbon monoxide and
carbon dioxide concentrations recorded for the idle
speed reading from an exhaust outlet must not be less
than six (6) percent; and
(2) The emission of visible air pollutants from the vehicle
has a shade or appearance as dark or darker than twenty
(20) percent opacity except for periods not exceeding
five (5) consecutive seconds.
(b) Vehicles with idle speed emission values which exceed the
test standards specified in Table I shall fail the emission
performance test.
Regulation 8, Page 9
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Printed: October 11, 1996
TABLE 1
MAXIMUM IDLE SPEED EMISSIONS ALLOWABLE
DURING IDLE SPEED EMISSIONS TEST
CO
HC (PPM)
VEHICLE
LIGHT DUTY
LIGHT DUTY
LIGHT DUTY
LIGHT DUTY
MODEL
VEHICLES LESS
VEHICLES
VEHICLES LESS
VEHICLES
YEAR
THAN OR EQUAL
GREATER THAN
THAN OR EQUAL
GREATER
THAN
TO 6000 LBS.
GVWR
6000 LBS.
GVWR
TO 6000 LBS.
GVWR
6000 LBS
GVWR
1975 5.0 6.5 500 750
1976 5.0 6.5 500 750
1977 5.0 6.5 500 750
1978 4.0 6.0 400 600
1979 4.0 6.0 400 600
1980 3.0 4.5 300 400
1981 and 1.2 4.0 220 400
newer
THIS IS THE FEDERALLY APPROVED REGULATION AS OF SEPTEMBER 26, 1995.
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 14, 1985 JUN 03, 1986 50 FR 19836
1st Revision MAR 17, 1994* JUL 28, 1995 60 FR 38694
2nd Revision
* Note: In the submittal made on March 17, 1994, Nashville deleted
Regulation Number 8 and replaced it in its entirety with a new
I/M regulation.
Regulation 8, Page 10
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Printed: October 11, 1996
SECTION 8-5: MOTOR VEHICLE NTI-ThMPERING TEST CRITERIA
(a) Each vehicle subject to an emission performance test under
this Regulation is also subject to visual anti-tampering
inspection and shall comply with the following minimum anti-
tampering requirements:
(1) The emission control devices subject to an inspection
:are the catalytic converter, gasoline fuel inlet
restrictor, and fuel filler cap. If any of these
emission control devices are found to be missing or
tampered with, the vehicle shall fail the emission
test. For the purposes of this Regulation, tampering
of the gasoline fuel inlet restrictor shall constitute
tampering of the catalytic converter and such catalytic
converter shall be replaced prior to any reinspection
as provided for in Section 8-9(c).
THIS IS THE FEDERALLY APPROVED REGULATION AS OF SEPT 24BER 26, 1995.
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 14, 1985 JUN 03, 1986 50 FR 19836
1st Revision MAR 17, 1994* JUL 28, 1995 60 FR 38694
2nd Revision
* Note: In the submittal made on March 17, 1994, Nashville deleted
Regulation Number 8 and replaced it in its entirety with a new
I/M regulation.
Regulation 8, Page 11
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Printed: October 11, 1996
SECTION 8-6: MOTOR VEHICLE RMISSIONS PERFORMANCE TEST METHODS
(a) The motor vehicle emissions performance test shall consist
of the sampling of exhaust emissions at idle speed and
measurement CO 2 dilution, Co concentration and HC
concentration.
(b) Sampling of exhaust emissions shall consist of measurement
of CO 2 dilution, CO concentration and HC concentration
during idle operation using an approved exhaust gas
analyzer. Measurements taken during the initial idle phase
may be succeeded by measurements taken during a second idle
phase consisting of engine operation at approximately 2500
RPM for approximately 20 seconds. The lowest emission
readings from either of these idle speed test phases shall
be used to determine pass or failure of the emission
performance test.
THIS IS THE FEDERALLY APPROVED REGULATION AS OF SEPTEMBER 26, 1995.
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 14, 1985 JUN 03, 1986 50 FR 19836
1st Revision MAR 17, 1994* JUL 28, 1995 60 FR 38694
2nd Revision
* Note: In the submittal made on March 17, 1994, Nashville deleted
Regulation Number 8 and replaced it in its entirety with a new
I/M regulation.
Regulation 8, Page 12
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Printed: October 11, 1996
SECTION 8-7: MOTOR VEHICLE SAFETY EQUXPI’Th NT TEST ! THODS
(a) The motor vehicle anti-tampering test shall consist of the
following:
(1) The vehicle will be visually checked to see that the
appropriate gas cap is securely in place. If the
appropriate gas cap is not in place, it will result in
the failure of the anti-tampering test.
(2) If the gas cap is present, it will be removed and the
gasoline inlet restrictor on the vehicle will be
checked to eee if it ha been damaged or removed. If
the inlet restrictor has been damaged or removed, it
will result in the failure of the anti-tampering test.
(3) The vehicle will be visually checked to see if the
catalytic converter is the correct type for the
certified vehicle configuration and is properly
installed. If the catalytic converter has been
tampered with, removed or is the incorrect
configuration it will result in the failure of the
anti - tampering test.
(b) A pass/fail determination will be made for each of the test
elements in Paragraph (a). If a vehicle fails any of the
elements in Paragraph (a), it will result in the failure of
the motor vehicle inspection test and a Certificate of
Compliance will not be issued until the repairs have been
made to the vehicle.
THIS IS THE FEDEP.ALLY APPROVED REGULATION AS OF SEPTEMBER 26, 1995.
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 14, 1985 JUN 03, 1986 50 FR 19836
1st Revision MAR 17, 1994* JUL 28, 1995 60 FR 38694
2nd Revision
* Note: In the submittal made on March 17, 1994, Nashville deleted
Regulation Number 8 and replaced it in its entirety with a new
I/M regulation.
Regulation 8, Page 13
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Printed: October 11, 1996
SECTION 8-8: MOTOR VEHICLE INSPECTION PROGRAM
(a) The motor vehicle inspection shall be operated by the
Metropolitan Health Department or contractor.
(b) All vehicle inspections shall be conducted at official
inspection stations operated by the Department and/or
contractor except those fleet inspections provided for in
Section 8-8 (c) of this Regulation.
(c) In lieu of the requirement in Section 8-8(b) of this
Regulation, vehicles owned or operated by a fleet operator
to whom a fleet inspection permit has been issued may be
inspected by a licensed fleet vehicle inspector at a site
other than an official inspection station.
(d) A light duty fleet vehicle operator may make application to
the Director for a fleet inspection permit. Minimum
requirements for issuance of a permit shall be:
(1) Possession of an exhaust gas analyzer, tools and
equipment determined by the Director to be adequate for
conducting the required emission inspections;
(2) Demonstration of knowledge of methods and procedures
for conducting requiring emissions performance and
anti-tampering inspections according to criteria
developed by the Director;
(3) Provision of appropriate facility for vehicle testing
and appropriate secure storage facility for storage of
Certificates of Compliance and records of inspections;
(4) Agreement to supply inspection and Certificate of
Compliance issuance information as requested by the
Director and to allow access to testing facility,
testing equipment, testing personnel, testing data,
Certificate of Compliance inventory and fleet vehicles
as requested by the Director; and
(5) Retention of licensed fleet vehicle inspector to
conduct fleet vehicle inspections.
(e) A fleet inspection permit shall be valid for one year from
date of issuance and may be renewed through application to
the Director within thirty (30) days prior to the date of
expiration. A fleet inspection permit is not transferable
and may be denied, suspended or revoked by the Director for
failure to comply with this Regulation and other
requirements as determined by the Department.
Regulation 8, Page 14
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Printed: October 11, 1996
(f) A person employed or retained by a fleet operator holding a
valid fleet inspection permit may make application to the
Director for a fleet vehicle inspector’s license. Minimum
requirements for issuance of this license shall be:
(1) Successful completion of a vehicle inspector training
course prepared and offered by the Department;
(2) Successful completion of mechanics training course
approved by the Director;
(3) Agreement to participate in additional training
activities from time to time as specified by the
Director;
(4) Provision of written evidence that applicant is
employed or retained by the fleet operator.
(g) A fleet inspector’s license shall be valid for one year from
date of issuance and may be renewed through application to
the Director within thirty (30) days prior to the date of
expiration. A fleet vehicle inspector’s license is not
transferable and may be denied, suspended, or revoked by the
Director for failure to comply with this Regulation and
other requirements as determined by the Department.
(h) All vehicles issued Certificate of Compliance under the
provisions of Section 8-8 (C) of this Regulation shall be
subject to retesting at either the fleet inspection location
or an official inspection station as deemed necessary by the
Director in order to maintain compliance with the intent of
this Regulation.
THIS IS THE FEDER.ALLY APPROVED REGULATION AS OF SEPTEMBER 26, 1995.
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 14, .1985 JUN 03, 1986 50 FR. 19836
1st Revision MAR 17, 1994* JUL 28, 1995 60 FR 38694
2nd Revision
* Note: In the submittal made on March 17, 1994, Nashville deleted
Regulation Number 8 and replaced it in its entirety with a new
I/M regulation.
Regulation 8, Page 15
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Printed: October 11, 1996
SECTION 8-9: MOTOR VEHICLE INSPECTION FEE
(a) There shall be a fee of six ($6.00) dollars for each
emission test payable at the time of inspection unless the
vehicle qualifies for an inspection without charge as
specified in Paragraph (c).
(b) There shall be a fee of three ($3.00) dollars for each
Certificate of Compliance supplied to licensed fleet
inspectors for issuance to motor vehicles which comply with
the testing provisions of this Regulation.
(C) Each vehicle which fails its initial inspection is entitled
one reinspection at no charge if the vehicle is accompanied
by the entire initial inspection report.
(d) Motor vehicle owners or operators shall be given in writing
the results of all inspection procedures carried out at any
official inspection station.
(e) There shall be a fee of fifty ($50.00) dollars for each
annual Fleet Inspection Permit issued to fleet vehicle
operators.
(f) There shall be a fee of fifty ($50.00) dollars for each
initial annual Fleet Vehicle Inspector’s License issued to a
fleet vehicle inspector; there shall be a fee of fifteen
($15.00) dollars for each annual renewal of a Fleet Vehicle
Inspector’s License.
THIS IS THE FEDERALLY APPROVED REGtJLATION AS OF SEPT BER 26, 1995.
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 14, 1985 JUN 03, 1986 50 FR 19836
1st Revision MAR 17, 1994* JUL 28, 1995 60 FR 38694
2nd Revision
* Note: In the submittal made on March 17, 1994, Nashville deleted
Regulation Number 8 and replaced it in its entirety with a new
I/M regulation.
Regulation 8, Page 16
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Printed: October 11, 1996
SECTION 8-10 SEVEP. BILITY
The provisions of an Part, Section, Subsection, Paragraph, phrase
or clause of this Regulation that shall be adjudged invalid or
unconstitutional by any court of competent jurisdiction, the
judgement shall not affect, compare, or invalidate the remainder
of this Regulation, but should be confined in its operation to
the Part, Section, Subsection, Paragraph, phrase or clause of
this Regulation that shall not be directly involved in the
controversy in which such judgement shall have been redeemed.
THIS IS THE FEDERALLY APPROVED REGULATION AS OF SEPT ER 26, 1995.
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg MAR 17, 1994 JUL 28, 1995 60 FR 38694
Regulation 8, Page 17
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PriatMu P.bnazy 13, 1995
flTROPOLXTAN HEALTH DEflfl T
BUREAU OF POLLUTION CONTROL
Rgulation No. 10
ICECTIOUS WASTE INCINERATORS
-------
Printed: February 13, 1995
Regulation No. 10
Infectious Waste Incinerators
SECTION 10-1. DEFINITIONS
As used in this Regulation, all terms not defined herein shall
have the meaning given them in Chapter Four, Subchapter One, “Air
Pollution Control, “ Section 4-1-1 “Definitions, “ of the
Metropolitan Code of Law.
(a) Afterburner. Means an auxiliary burner for destroying
unburned or partially burned combustion gases after they
have passed from the combustion chamber.
(b) Antineoplastic agents. Means chemotherapy drugs or
compounds used in the treatment of cancer. For the purpose
of this rule container or other items containing residues of
antineoplastic agents shall not be considered antineoplastic
agents.
(c) Continuous program of physical on-site construction. Means
significant and continuous site preparation work such as
major clearing or excavation followed by placement of
footings, pilings, and other materials of construction,
assembly or installation of unique facilities or equipment
at the site of the source.
(d) In existence. Means that the owner or operator has obtained
all necessary preconstruction approvals or permits required
by the Division and either has (1) begun, or caused to
begin, a continuous program of physical on-site construction
of the facility or (2) entered into binding agreements or
contractual obligations, which cannot b canceled or modified
without substantial loss to the owner or operator, to
undertake a program of construction of the facility to be
completed in a reasonable time, or that the owner or
operator possesses a valid operating permit.
(e) Incinerator. Means any device used in the process of
controlled combustion of waste for the purpose of reducing
the volume and hazardous potential of the waste charged by
destroying combustible matter leaving the noncornbustible
ashes or residue.
(f) Infectious waste. Means solid or liquid wastes which
contain pathogens with sufficient virulence and quantity
such that exposure to the waste by a susceptible host could
Regulation 10-1, Page 1
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Printed: February 13, 1995
result in an infectious disease. For purposes of this Rule,
the following wastes shall be considered to be infectious
wastes:
(1) Wastes contaminated by patients who are isolated due to
communicable disease, as provided in the U.S. Centers
for Disease Control Guidelines for Isolation
Precautions in Hospital, (July, 1983)
(2) Cultures and stocks of infectious agents; including
specimen cultures collected from medical and
pathological laboratories, cultures and stocks of
infectious agents from research and industrial
laboratories, wastes from the production of
biologicals, discarded live and attenuated vaccines,
and culture dishes and devices used to transfer,
inoculate, and mix cultures.
(3) Waste human blood and blood products such as serum,
plasma, and other blood components.
(4) Pathological wastes, such as tissues, organs, body
parts, and body fluids that are removed during surgery
and autopsy.
(5) All discarded sharps (e.g., hypodermic needles,
syringes, pasteur pipettes, broken glass, scalpel
blades) used in patient care of which have come into
contact with infectious agents during use in medical,
research, or industrial laboratories.
(6) Contaminated carcasses, body parts, and bedding of
animals that were exposed to pathogens in research, in
the production of biologicals, or in the in viva
testing of pharmaceuticals.
(7) Other wastes determined to be infectious by the
facility, which shall be set forth in a written policy.
(g) Multiple-chamber incinerator. Means an incinerator
consisting of at least twa refractory lined combustion
chambers (primary and secondary) in series, physically
separated by refractory walls, interconnected by gas passage
ports or ducts.
(h) Residues of antineoplastic agents. Means the portion of
compound that remains in a container or other items after
all the compound has been material s from that type of
container, e.g., pouring, pumping, and aspirating; and no
more than 2.5 centimeters (one inch) of material remain on
Regulation 10-1, Page 2
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Printed: February 13, 1995
the bottom of the container of other :tem, or no more than 3
(three) percent by weight of the total capacity of the
container remains in the container or other item.
(i) Substantial loss. Generally means a loss which would equal
or exceed 10 percent ‘of the total pro ect cost.
Regulation 10-1, Page 3
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Printed: February 13, 1995
SECTION 10-2 - PROHIBITED ACT
(a) No owner or operator of an inc:nerator which burns
infectious waste may operate, cause, allow, or permit the
operation of such incinerator, unless the incinerator and
its emissions are in conformance with the applicable
standards of this Regulation.
(b) The Director may establish an emission limit more
restrictive than the otherwise specified in this Regulation
and/or an emission limit for arty air contaminant discharged
from the infectious waste incinerator that is not specified
in this Regulation. The Director may establish, operating
hours, process flow rates, or the operating parameters as
conditions on any permit. Violation of these conditions
shall result in revocation of the issued permit.
(c) An owner or operator shall not burn infectious waste except
in a multiple-chamber incinerator with a solid hearth, or in
a device found to be equally effective for the purpose of
air contaminant control as an approved multiple-chamber
incinerator as determined by the Director except as provided
in Secti on 10-4 Paragraph (a) Subparagraph (3).
Regulation 10-2, Page 1
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Printed: February 13, 1995
SECTION 10-3 - EMISSION STANDARDS
(a) An incinerator in existence on November 6, 1988; Particulate
emission shall not exceed 0.1 grains per dry standard cubic
foot of exhaust gas corrected to 12 percent CO 2 .
(b) The following requirements apply to all new and modified
incinerators:
(1) Incinerators with a capacity equal to or less than 500
pounds per hour; Particulate emissions shall not exceed
0.1 grains per dry standard cubic foot of exhaust gas
corrected to 12 percent CO 2 .
(2) Incinerators with a capacity greater than 500 pounds
per hour but equal to or less than 1000 pound per hour;
Particulate emissions shall not exceed 0.08 grains per
dry standard cubic foot of exhaust gas corrected to 12
percent CO 2 .
(3) Incinerators with a capacity greater than 1000 pounds
per’hour; Particulate emissions shall not exceed 0.02
grains per dry standard cubic foot of exhaust gas
corrected to 12 percent CO 2 . -
(C) The Director shall specily on the construction and/or
operating permits as permit conditions, the hydrogen
chloride (HC1) emission standard that is reasonable
available control technology (RACT) so that the air quality
impact from a source shall not exceed 70.0 micrograms per
cubic meter HC1, 24-hour average. The operating hours of
the source may be limited to meet the impact level.
(d) Visible Emission Standards
(1) No owner or operator subject to the provisions of this
chapter shall cause to be discharged into the
atmosphere from any affected facility any gases which
exhibit greater than 10 percent opacity (6-minute
average), except for one 6-minute period per hour of
not more than 20 percent opacity. This opacity
standard shall not apply to burner startups when only
firing auxiliary fuel without waste being burned.
(2) Visible determination of opacity of emissions shall be
determined by the reference method as specified in
Chapter 4, Subchapter One, Section 4-1-5, “Testing,” of
the Metropolitan Code of Law.
Regulation 10-3, Page 1
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Printed: February 13, 1995
SECTION 10-4 - PERFORNANCE SPECIFICATIONS.
(a) Temperature and Residence Time Requirements
(1) The incinerator secondary chamber shall be maintained
at a minimum temperature of 1800°F, except as specified
in subparagraph (3) of this paragraph.
(2) The minimum secondary chamber residence time for those
incinerators not in existence on November 6, 1988,
shall be 1.0 second. The minimum secondary chamber
retention time for incinerators in existence on
November 6, 1988, shall be sufficient to prevent excess
visible emissions as specified in Section 10-3,
paragraphs (d) (1).
(3) Owners or operators which have an incinerator in
existence on November 6, 1988, without a secondary
chamber and equipped with an afterburner operated at a
minimum temperature of 1800°F may choose to meet a more
restrictive visible emission standard of zero percent
requirements. The opacity in lieu of meeting the
secondary chamber requirements. The opacity shall be
evaluated using Tennessee Visible Emission Evaluation
(TVEE) Method 3 approved by the Tennessee Air Pollution
Control Board on December 12, 1984 and amended on May
30, 1985.
(4) An infectious waste incinerator used to combust
antineoplastic agents must be operated with the
secondary chamber at a minimum exit temperature of
1800°F with a secondary chamber design residence time
of not less than 1.50 seconds.
(b) The firing of the incinerator burners shall be controlled
automatically to maintain the specified minimum secondary
chamber or afterburner temperature.
(c) Charging Systems
(1) Incinerators shall be equipped with an automatic
mechanical loading device, and an interlock system
shall be provided to prevent charging until the
secondary chamber exit temperature of 1800°F is
established except as provided for below.
(2) The owner or operator of an incinerator, except a batch
incinerator, in existence on November 6, 1988, which is
manually fed may submit a written request to the
Regulation 10-4, Page 1
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Printed: February 13, 1995
Director that manual feeding be allowed. The request
must include a plan detailing the methods and operating
procedure to be employed in manually charging the
incinerator. The Director shall determine if the plan
provided is acceptable. The plan must be submitted to
the Director by November 6, 1989.
(A) The owner or operator of the incinerator must post
or file on the operating premises a copy of the
approved plan.
(B) The plan shall not relieve the owner or operator
of the duty of meeting all other emission
requirements.
(C) Any violation of the conditions under which the
plan was approved or any violation of other
requirements of this chapter may result in the
Director requiring than an automatic mechanical
loading device be installed.
(3) Batch incinerators (fully loaded while cold and never
opened until burn cycle is complete) shall incorporate
a lockout system which will prevent ignition of the
waste until the exit temperature of the secondary
chamber of the afterburner reaches 1800°F and prevent
recharging until the combustion and burndown cycle are
complete.
(d) Startup and Shut down Requirements
(1) No waste shall be charges to an incinerator other than
a batch incinerator until the secondary chamber or
afterburner has achieved a minimum temperature of
1800°F. The secondary chamber or afterburner must
achieve and maintain the required minimum temperature
for 15 minutes before charging begins.
(2) During shutdowns the secondary chamber or afterburner
minimum temperature of 1800°F is to be maintained using
auxiliary burners until the wastes are completely
combusted and the burndown cycle is complete.
Regulation 10-4, Page 2
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Pric ted: February 13, 1995
SECTION 10-5 - MONITORING REQUIREMENTS
The secondary chamber or afterburner temperature shall be
continuously monitored and recorded. Sensors shall be installed,
maintained, and operated such that the flames from the burners do
not impinge upon the sensors. The secondary chamber temperature
shall be measured at or beyond the chamber exit. The temperature
shall be measured at or beyond the chamber exit. The temperature
sensing device shall have an accuracy that is ± 25°F over its
operating range. The recorders must have a minimum chart speed
of one (1) inch per hour for strip chart recorders and a maximum
of 24 hours per chart for circular recorders.
Regulation 10-5, Page 1
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Printed: February 13, 1995
SECTION 10-6 - COMPLIANCE SCHEDULE FOR EXISTING INFECTIOUS WASTE
INC INERATORS
(a) Incinerators in existence before November 6, 1988, will be
given 18 months from November 6, 1988, or until May 6, 1990,
to achieve compliance with the standards and requirements of
this chapter. Each owner or operator of an existing
incinerator shall wither demonstrate compliance with the
requirements of this chapter or submit a schedule of
corrective action detailing the plan of action to achieve
compliance by May 6, 1990, to the Director by November 6,
1989.
(b) Individual compliance schedule approved under this rule must
contain the following increments of progress and achieve
final compliance with the specified emission standards and
requirements.
(1) Date contract will be awarded
(2) Date initial construction will commence
(3) Date construction will be completed
(4) Date final compliance will be achieved
(5) Date of compliance demonstration
(c) The individual compliance schedule must be received and
approved by the Director prior to the date of the first
increment of progress.
Regulation 10-6, Page 1
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Printed: February 13, 1995
SECTION 10-7 - TESTING REQUIREMENT
(a) For incinerators in existence before November 6, 1988, a
particulate matter stack test shall be conducted by November
6, 1989. For owners or operators with an approved schedule
of corrective action, stack testing will be conducted as
specified in the approved schedule.
(b) For incinerators where construction commenced on or after
November 6, 1988, stack testing for particulate matter must
be conducted within 60 days after achieved the maximum
production rate at which the incinerator will be operated,
but not later than 120 days after initial startup.
(c) Stack testing for particulate matter shall be conducted in
accordance with the methods prescribed in Chapter 4,
Subchapter One, Section 4-1-15, “Testing,” of the
Metropolitan Code of Law.
(d) The owner or operator must furnish the Director with a
written report of the results of any stack testing within 30
days of the completion of the test.
(e) Stack testing for hydrogen chloride may be required by the
Director. The stack testing shall be conducted in a manner
prescribed by the Direceor.
(f) Performance tests shall be conducted under such conditions
as the Director shall specify to the facility operator based
upon representative performance of the affected facility.
The owner or operator shall make available to the Director
such records as may be necessary to determine the conditions
of the performance test(s) . Operations during startups,
shutdowns, and malfunctions shall not constitute
representative conditions of performance tests.
(g) The owner or operator shall provide the Director twenty (20)
days notice of the performance test to afford the Director
the opportunity to have an observer present.
(h) The Director may require air contaminant stack testing as
determined to be necessary to assure continuous compliance
with the standards of this chapter and any emission limit
stipulated as a permit condition.
Regulation 10-7, Page 1
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Printed: February 13, 1995
SECTION 10-8 - RECORD KEEPING AND REPORTING REQUIREMENTS
(a) Records shall be maintained at the source for a minimum of 2
years and shall be made available for review upon request.
(b) Operating procedures, startup procedures, and shutdown
procedures for incinerators shall be approved by the
Director and posted on-site near the incinerator.
(c) Inspection and maintenance schedules for incinerators are to
be posted or kept on-site at or near the incinerator.
(d) Records shall be kept of inspection, maintenance, and
repairs.
Regulation 10-8, Page 1
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Printed: February 13, 1995
SECTION 10-9 - SEVERABILITY
The provisions of any part, section, subsection, paragraph,
phrase or clause of this Regulation that shall be adjudged
invalid or unconstitutional by any court of competent
jurisdiction, the judgernent shall not affect, compare, or
invalidate the remainder of this Regulation, but should be
confined in its operation to the part, section, subsection,
paragraph, phrase, or clause of this Regulation that shall not. be
directly involved in the controversy in which such judgement
shall have been redeemed.
THIS IS THE FEDERALLY APPROVED REGULATION AS OF FEBRUARY 9, 1990
LAST UPDATE: JANUARY 19, 1995
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg OCT 3, 1989 FEB 9, 1990 55 FR 20272
Regulation 10-9, Page 1
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Printed: October 9, 1996
METROPOLITAN HEALTH DEPARTMENT
DIVISION OF POLLUTION CONTROL
Regulation No. 14
REGULATION FOR CONTROL OF NITROGEN OXIDES
SECTION 14-1 DEFINITIONS.
As used in this Regulation, all terms not defined herein shall
have the meaning given them in Chapter 10.56, “Air Pollution
Control,” Section 10.56.010, “Definitions,” of the Metropolitan
Code of Law.
(a) “Facility” - means any building, structure, installation,
activity, or combination thereof which contains one or more
stationary sources of air contaminants.
(b) “LOWEST ACHIEVABLE EMISSION RATE (LAER)” - The rate of
emission which reflects the most stringent emission
limitation which is achieved in practice or achievable by
such class or category of sources. In no event shall the
application of this term permit a proposed, new or modified
source to emit any pollutant in excess of the amount
allowable under applicable New Source Performance Standards.
(c) “Major Stationary Source” - means any source which emits or
has the potential to emit one hundred (100) tons of nitrogen
oxides or more per year.
(d) “Nitrogen Oxides (NOx)” - means all oxides of nitrogen
except nitrous oxide.
(e) “Potential to Emit” - means the maximum capacity of a
stationary source to emit any air pollutant under its
physical and operational design. Any physical or
operational limitation on the capacity of a source to emit
an air pollutant, including air pollution control equipment
and restrictions on hours of operation or on the type or
amount of material combusted, stored, or processed, shall be
treated as part of its design if the limitation is
enforceable by the Administrator.
(f) “Reasonable Available Control Technology (RACT) - means the
lowest emission limit that a particulate source is capable
of meeting by the application of control technology that is
reasonably available considering technological and economic
feasibility.
Regulation 14, Page 1
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Printed: October 9, 1996
SECTION 14-2: EMISSION STMIDARDS
(a) Note: This section was not federally approved into the SIP.
See Federal Register notice (61 FR 39326, July 29, 1996) for
additional information -
(b) The owner or operator of a tangentially-fired coal burning
boiler having heat input capacity in excess of six hundred
million (600,000,000) BTU per hour shall not allow emissions
of nitrogen oxides from said boiler in excess of 0.45 pounds
per million BTU (30 day rolling average).
(c) Note: This section was not federally approved into the SIP.
See Federal Register notice (61 FR 39326, July 29, 1996) for
additional information.
(d) Note: This section was not federally approved into the SIP.
See Federal Register notice (61 FR 39326, July 29, 1996) for
additional information.
(e) Note: This section was not federally approved into the SIP.
See Federal Register notice (61 FR 39326, July 29, 1996) for
additional information.
Regulation 14, Page 2
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Printed: October 9, 1996
SECTION 14-3: PROCEDURES FOR DETERMINING RACT
(a) Note: This section was not federally approved into the SIP.
See Federal Register notice (61 FR 39326, July 29, 1996) for
additional information.
(b) Note: This section was not federally approved into the SIP.
See Federal Register notice (61 FR 39326, July 29, 1996) for
additional information.
Regulation 14, Page 3
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Printed: October 9, 1996
SECTION 14-4: RECORDXEEPING MID REPORTING REQUIREMENTS
When an operating permit is issued for a nitrogen oxides emitting
source in accordance with Section 10.56.040, “Operating Permits”
of Chapter 10.56, “Air Pollution Control” of the Metropolitan
Code of Laws or Regulation No. 13, “Part 70 Operating Permit
Program” the permit will include sufficient enforceable
conditions to specify the required level or type of control, the
appropriate averaging time, and recordkeeping, reporting and
testing requirements. Where applicable, U.S. EPA recommended
test methods will be required. The averaging times for each
allowable emission rate will follow minimum EPA requirements for
identifiable and enforceable emissions that relate to ozone
formation (normally daily or no more than monthly, depending on
source operation).’
Regulation 14, Page 4
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Printed: October 9, 1996
SECTION 14-5: COMPLIANCE SCHEDULE.
The owner or operator of any process emission source or fuel
burning equipment subject to this Regulation shall:
(a) Submit a demonstration of reasonable available control
technology to this office within 90 da rs after adoption of
this Regulation by the Metropolitan Board of Health; or
(b) Submit a final control plan and obt .in construction
permit(s) for the installation of the nitrogen oxides
emission control system and/or modification of the source or
equipment within 150 days of adoption; and
(C) Complete construction or installation of control system by
May 31, 1995; and
(d) Demonstrate final compliance with the nitrogen oxides
reasonable availalle control technology requirement of this
Regulation by July 31, 1995, using approved test methods and
procedures.
THIS IS THE FEDERALLY APPROVED REGULATION AS OF SEPTEMBER 27, 1996
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg SEP 28, 1993 JUL 29, 1996 61 FR 39326
Regulation 14, Page 5
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