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AIR POLLUTION CONTROL
IN THE STATE OF VIRGINIA
AN EVALUATION REPORT
WITH RECOMMENDATIONS
FOR PROGRAM IMPROVEMENTS
U. S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air Programs
S r
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AIR POLLUTION CONTROL
IN THE
STATE OF VIRGINIA
An Evaluation Report With
Recommendations for Program Improvements
J. Michael Joyce
and
Tom Williams
ENVIRONMENTAL PROTECTION AGENCY
Office of Air Programs
September 1971
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EDSAB B. BOYNTON
Charms*
Paul E. Wilkins
Via Chairman
hirfu
Wars en L Braun
Hurisonburg
STATE AIR POLLUTION CONTROL BOARD
ROOM 1106, NINTH STREET STATE OFFICE BUILDING
RICHMOND, VIRGINIA 23219
TELEPHONE (703) 770-2378
Robert B. Delano
W*mw
Feank e Kinzer
Covington
December 18, 1970
Mr. Stephen R. Wassersug
Regional Air Pollution Control Officer
Region III, APCO, EPA
P. 0. Box 12900
Philadelphia, Pennsylvania 19108
Dear Steve:
As discussed with you, the State Air Pollution Control Board in
Virginia would appreciate the assistance of the APCA program review
team in order to provide the State Air Pollution Control Board with
supporting data for any inprovements required and for development of
a sound growth program.
In addition, your offer of assistance in getting our emission
inventory underway is much appreciated. Any information you may have
on the date of arrival of the inventory survey team would be appreciated.
Yours sincerely
WRM/dp
v.
DEC 22 1970
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TABLE OF CONTENTS
Page
Chapter 1. SUMMARY OF RECOMMENDATIONS i
Chapter 2. INTRODUCTION 17
Chapter 3. BACKGROUND INFORMATION 13
1. Program Activities ....... is
2. Air Quality and Sources of Air Pollution. . 20
3. State Growth and Potential for
Air Pollution . 22
Chapter 4. STATE AIR POLLUTION CONTROL BOARD. ... 23
1. Background 23
2. Legal Aspects 24
3. Administration 35
4. Engineering 52
5. Enforcement 57
6. Technical Operations 64
Chapter 5. CITY OF RICHMOND, DIVISION OF AIR
POLLUTION CONTROL ... 70
1. Background 7q
2. Legal Aspects 71
3. Administration 75
4. Engineering . . 32
5. Enforcement gg
6. Technical Operations .
Chapter 6. ROANOKE COUNTY AIR POLLUTION
CONTROL PROGRAM. . . . . 95
1. Background 95
2. Legal Aspects 95
3. Administration 99
4. Engineering 105
5. Enforcement 10g
6. Technical Operations m
i
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Page
Chapter 7. ALEXANDRIA 113
1. Background. ................. 113
2. Legal Aspects . 114
3. Administration. ............... 117
A. Engineering 123
5. Enforcement 127
6. Technical Operations. „ 131
Chapter 8. FAIRFAX COUNTY, DIVISION OF AIR POLLUTION
CONTROL 135
1. Background 135
2. Legal Aspects 135
3. Administration. ...» 139
4. Engineering ^4
5. Enforcement
6. Technical Operations
ii
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Chapter 1
SUMMARY OF RECOMMENDATIONS
The summary of recommendations presented herein addresses each of
the State and local agencies separately. In addition, recommendations
are further classified according to the appropriate program function:
e.g., organization and administration, engineering, enforcement, etc.
1. STATE OF VIRGINIA
a. Specific recommendations relative to legal aspects
Recommendation No. 4.1 . Reevaluate Section 10-17.19
and the entire control district concept. If the concept
is to be pursued, then the powers and duties of a local
jcommittee functioning in the air pollution control district
.should be clarified and include enforcement guthoriity
(See Section on Local Ordinances).
Recommendation No. 4.2 . Revise this section to authorize
specific authority to require periodic reports of emission
data and make these reports available for public inspection,
as required by section 110 of the Federal Law.
Recommendation No. 4.3 . Establish a maximum penalty of
at least $1000 per day. Several states now have provisions
for fines of up to $10,000 per day. This section should
also make it clear that each day of violation is a separate
offense regardless of whether a conviction has been obtained
or not.
Recommendation No. 4.4 . Require that each local
jurisdiction with an existing local agency adopt by
reference the State legislation. Thus, each local agency
becomes in effect an agent of the state with authority to
enforce such rules. Should any locale desire stricter
regulation, the proposed rules would then have to be cleared
by the State Board.
Recommendation No. 4.5 . Secure authority to implement
emergency action, comparable to section 303 of the Clean
Air Act, as amended.
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Recommendation No. 4.6 . Obtain authority to require
periodic inspection and testing of motor vehicles to enforce
compliance with applicable emission standards.
Recommendation No. 4.7 . Adopt land use and transportation
controls (to the extent necessary to achieve and maintain
National air quality standards).
Recommendation No. 4.8 . Secure authority to require
installation of equipment by the owner or operator of
stationary sources to monitor emissions and to conduct
source tests.
Recommendation No. 4.9 . Obtain specific authority to
prevent construction or modification of new sources
including prior review of location and compliance with
appropriate rules and regulations. (Basically a permit to
construct system).
Recommendation No. 4.10 . Grant the Executive Secretary
authority to issue orders directly. This should alleviate
the involved procedure which now exists.
Recommendation No. 4.11 . Reduce the visible emission
limitation to a No. 1 Ringelmann and the equivalent 207o
opacity. Also exemptions should be limited to five minutes -
in any sixty minute period.
Recommendation No- 4.12 . Seek immediate approval for
the proposed amendment to Rule 4.
Recommendation No. 4.13 . Base the standard on a "sliding
scale" whereby the requirements increase with increasing
plant size and are independent of stack height. The
standard should be consistent with modern control practices.
Stack height should only be dependent upon local meteorological
and aesthetic considerations so that maximum dispersion
of residual particulate matter will be accomplished.
Recommendation 4.14 . Develop procedures for periodic
inspection and testing of motor vehicles to enforce compliance
with applicable emission standards.
Recommendation No. 4.15 . Expand Rule 9 to include
incinerator design standards and prior review of plans and
specifications.
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b. Specific recommendations relative to administration.
Recommendation No. 4.16 . Set guidelines for both the
membership and responsibilities of the Technical Advisory
Committee.
Recommendation No. 4.17 . Drop the title "Executive
Secretary" in favor of "Director, State Air Pollution
Control Program."
Recommendation No. 4.18 . Take immediate steps to
organize and structure the air pollution control activity
so lines of responsibility and authority are clearly
delegated. It is suggested that the format of organization
Figure 4.2 be considered.
Recommendation No. 4.19 . Proceed immediately to
formulate program plans that delineate organizational
responsibilities, outline specific meaningful program
objectives and set forth procedures for monitoring effec-
tiveness. Such program plans should include activities to
meet the requirements of the Federal Clean Air Act in grant
support and implementation plans for the Air Quality Control
Regions.
Recommendation No. 4.20 . Investigate the potential and
feasibility of formalizing the Program Planning and Budgeting
system (PPBS) as an operating program procedure. The PPBS
concept of operation has continuing program evaluation as
an integral part of the procedure. This readily facilitates
program adaptations and modifications in accordance with
the dynamic nature of an environmental program.
Recommendation No. 4.21 . Accelerate the development of a
comprehensive program of coordination and technical support
to local areas. This is sufficiently important to consider
the development of a fourth program sub-unit concerned with
local agency affairs.
Recommendation No. 4.22 . Conduct periodic meeting with
local control officials to discuss problems and develop
solutions.
Recommendation No. 4.23 . Devote a concerted effort in a
program to coordinate and interface air pollution activities
with other governmental agencies and programs having peripheral
responsibilities, (i.e., Health Department, Governor's
Environmental Council).
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Recommendation No. 4. 24 . Develop a program of informati^.
and education that effectively serves the interests and
objectives of the air pollution control program. This
program should be a budgeted activity to include such aspects
as the planning and development of news copy, publication
of information material, periodic publication of a news
letter, development of visual aids and display material,
liaison with citizen groups, speeches, lectures, etc.
Recommendation No. 4.25 . Develop a training program for
orientation of new employees and training of professional
and non-professional employees. This program should be
delegated as a responsibility of a specific individual.
Recommendation No. 4.26 . Initiate a training program that
encourages local agency personnel participation. The
State should review local agency competency and skills
in the design of such a program. In providing observer
training, the State should record and retain individual
proficiency records.
Recommendation No. 4.27 . Increase salaries for
professional personnel and have studies made to eliminate
problems of limited pay step increase.
Recommendation No. 4.28 . Require monthly reports from
each program element (technical, control, local assistance)
and make these reports available for the Board's review.
c. Specific recommendations relative to engineering
Recommendation No. 4.29 . Initiate a comprehensive state-
wide emission inventory. Accordingly, the agency must
develop procedures to follow up questionnaires and set up a
mechanism to keep estimates up to date. The procedure used
in the State of Maryland could serve as a guide.
Recommendation No. 4.30 . Develop a data storage and
retrieval system that will properly assist the staff in
emission inventory analysis and reporting.
Recommendation No. 4.31 . Develop and implement a permit
system that provides adequate prevention capability. Such
a system must be complimented by a permit to operate renewable
on a periodic basis and would involve local agencies to a
degree determined by the State.
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Recommendation No. 4.32 . Develop a program that is enforce-
ment oriented and provides adequate assistance to the Con-
trol Division in engineering matters. This would include
the development of control programs and source testing
capability.
d. Specific recommendations relative to enforcement.
Recommendation No. 4.33 . Develop specific enforcement
alternatives to the present control program review. This
would include strengthening the Board's authority to issue
a cease and desist order and also to bring injunctive action.
Recommendation No. 4.34 . Establish reporting procedures
for local agencies to monitor compliance programs within
their respective jurisdictions.
Recommendation No. 4.35 . Increase the number of
administrative areas to correspond to the proposed seven
air quality control regions. Headquarters within each region
are designated in Figure 4.3.
Recommendation No. 4.36 . Develop specific guidelines for
enforcement responsibility with regards to headquarter,
district offices, and local programs. This would include
the stipulation of criteria for priorities, respective role
of the State and local agencies, enforcement procedures,
forms, reporting procedures, etc.
Recommendation No. 4.37 • Break each region into sectors
and assign specific responsibilities within each sector.
Recommendation No. 4.38 . Develop statewide standard
enforcement procedures including a standard complaint form,
violation notice, time span for compliance, follow-up,
reporting, etc. In this regard the State should assemble
a manual covering these areas.
Recommendation No. 4.39 . Require that inspectors receive
periodic training in reading visible emissions on at least
an annual basis. In this regard the State should operate a
smoke school, maintain records, and provide the service to
local agencies and regional staff.
Recommendation No. 4.40 . Develop as soon as possible an
emergency plan of action in accordance with the Emergency
Episode Plan requirements.
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e. Specific recommendations relative to technical operations.
Recommendation No. 4.41 . Clarify job responsibilities
within the Technical Division to eliminate duplication and
wasted effort.
Recommendation No. 4.42 . Establish a network which
recognizes the statewide air quality monitoring needs.
(See proposed network in Table 4.3).
Recommendation No. 4.43 . Make sample collection the
specific responsibilities of the area representatives and
their subordinates. A program could be developed where local
program assists in the collection, but not volunteers.
Also high volume samples should be collected every third day,
with no deviations due to weekends.
Recommendation No. 4.44 . Provide special training for
individuals who will be responsible for any State CAMP
Stations.
Recommendation No. 4.45 . Develop a total program of
data reduction which would include air quality data (both
State and local), permits and emission inventory information.
The State's computer could be utilized in this regard.
Recommendation No. 4.46 . Reevaluate the need for 3
full-time personnel in the laboratory operation. Some of
this effort could be channeled into data reduction or
technical assistance to local agencies.
Recommendation No. 4.47 ¦ Develop a statewide service
program in meteorology. The State agency is in a position
to satisfy all meteorological and pollutant transport
functions for the State.
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2. CITY OF RICHMOND
a. Specific recommendations relative to legal aspects.
Recommendation No. 5.1 . Expand the director's authority
to include requiring periodic emission data reports. These
reports should then be available for public inspection as
required by section 110 of the Federal Law.
Recommendation No. 5.2 . Drop the requirement that the
Technical Advisory Board approve all regulations before
passage.
Recommendation No. 5.3 . Develop, in conjunction with the
State, specific authority for episode or emergency action.
Recommendation No. 5.4 . Secure authority to require
installation of equipment by-the owner or operator ,of
stationary sources to monitor emissions and to conduct
source tests.
Recommendation No. 5.5 . Obtain adequate authority (to
the extent necessary to achieve and maintain National air
quality standards) to adopt land use and transportation
control.
Recommendation No. 5.6 . Adopt, by reference, those rules
and regulations promulgated by the State. Should stricter
or additional provisions be desired, these should first be
approved by the State Board before adoption.
b. Specific recommendations relative to administration.
Recommendation No. 5.7 ¦ Take steps to organize and
structure the air pollution control activity so that
the various unit responsibilities are clearly understood.
Recommendation No. 5.8 . Keep the Boards notified, on a
scheduled basis, of developments within the program.
Recommendation No. 5.9 . Establish lines of communication
within the city government in order to marshall support
for air pollution control.
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Recommendation No. 5.10 . Develop realistic program
objectives which reflect sound program development and are
within the scope of the agency's resources.
Recommendation No. 5.11 . Develop in conjunction with the
State a system of reporting program activities and progress
on a monthly basis.
Recommendation No. 5.12 . Develop better working relations
and communications with the City Personnel Department in
order to facilitate staff procurement.
Specific recommendations relative to engineering.
Recommendation No. 5.13 . Assign one man, full time,
to work on the emission inventory until it has been
completed.
Recommendation No. 5.14 . Develop specific procedures
to follow-up questionnaires and data requests not returned
to the agency. This would include personal contact, plant
surveys, and some stack testing. These procedures should
be developed in conjunction with the State agency.
Recommendation No. 5.15 ¦ Expand the permit operation to
include all pollutant sources in the city and take steps
to insure that this system compliments any statewide permit
proposal.
Recommendation No. 5.16 . Develop specific guidelines
for requiring submission of control programs and
schedules for their implementation.
Specific recommendations relative to enforcement.
Recommendation No. 5.17 . Recertify inspectors at a
valid smoke school on nothing less than an annual basis.
Such a school would logically be sponsored by the State
agency.
Recommendation No. 5.18 . Take steps to eliminate all
open burning within the city.
Recommendation No. 5.19 . Develop standard enforcement
procedures which stipulate the compliance method to be
followed in particular situations.
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Recommendation No. 5.20 . Tailor reporting procedures
so that they provide effective agents of program planning.
Recommendation No. 5.21 . Arrange for a periodic review
of the files to check for chronic violators and to purge
any unnecessary material.
Recommendation No. 5.22 . Develop an emergency plan which
is in accordance with Emergency Episode Plan Requirements
and which parallels any State Plan.
e. Specific recommendations relative to technical operations.
Recommendation No. 5.23 . Develop in conjunction with the
State, a plan for development and maintenance of two
continuous air monitoring stations. The State should have
direct responsibility for these stations. Also, data from
these stations would be processed by the State and
correlated with data from other sites.
Recommendation No. 5.24 . Keep the laboratory operating
at its present level. As long as Richmond has the
facility it can continue to operate on a limited scale
and budget. This should require only part-time effort of
one staff member and any special analyses should be
referred to the State.
Recommendation No. 5.25 . Outline a specific,schedule
for use of the mobile lab. This would include the
possibility of leasing the facility to the State on a
regular basis for studies in other areas of the State.
Recommendation No. 5.26 . Develop a data storage and
retrieval system and familiarize the entire staff in its
use and operation.
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3. ROANOKE COUNTY
a. Specific recommendations relative to legal aspects.
Recommendation No. 6.1 . Develop a formal agreement with
the City of Roanoke, which recognizes the regional
implications of air pollution. The State Board should
encourage and assist in this regard.
Recommendation No. 6.2 . Adopt, by reference, those
rules and regulations promulgated by the State Board.
Should stricter or additional provisions be desired, these
should first be approved by the State Board before adoption.
b. Specific recommendations relative to administration.
Recommendation No. 6.3 . Develop, in conjunction with
the State, operating procedures which describe
specific areas of responsibility and outline enforcement
alternatives.
Recommendation No. 6.4 . Notify the Boards, on a
scheduled basis, of development within the program.
In this regard, particular attention should be given to
any impending enforcement action.
Recommendation No. 6.5 ¦ Establish formal evaluation
techniques for planning purposes to determine results
under existing control activities and evaluate alternatives.
Recommendation No. 6.6 . Develop a system of reporting
program activities and progress to the State Board on a
monthly basis.
c. Specific recommendations relative to engineering.
Recommendation No. 6.7 ¦ Develop guidelines for the
conduct of the emission inventory, which describe specific
responsibilities of both the State and Roanoke agencies.
d. Specific recommendations relative to enforcement.
Recommendation No. 6.8 . Develop a procedure of
regular area-wide surveillance of the county.
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Recommendation No. 6.9 . Develop a "check in" schedule.
In the absence of a formal communications system, a
periodic phone call would he sufficient to keep the inspector
informed of any development on complaints. Another
possibility is the purchase of a "Page Boy" system.
Recommendation No. 6.10 . Work through the governmental
structure to provide means of disposal other than open
burning. These would include sanitary landfills, recycling
and adequately designed operational incinerators.
Recommendation No. 6.11 . Develop enforcement procedures
which incorporate source registration and inspection.
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4. ALEXANDRIA
a. Specific recommendations relative to legal aspects.
Recommendation No¦ 7.1 . Work through the city council
to actively seek the repeal of Ordinance 1546.
Recommendation No. 7.2 . Amend Ordinance 1545 to give the
Director authority to prevent construction or modification
of new sources through a permit system of operation.
Recommendation No. 7.3 . Secure authority to make
emission information available for public inspection.
Recommendation No. 7.4 . Seek authority to require
installation of equipment by owners and operators of
stationary sources to monitor emissions and conduct source
test.
Recommendation No. 7.5 . Obtain authority (to the extent
necessary to achieve and maintain national air quality
standards) to adopt land use and transportation control.
Recommendation No. 7.6 . Adopt, by reference, rules
and regulations promulgated by the State. Additional or
more stringent provisions should first be approved by the
State agency.
b. Specific recommendations relative to administration.
Recommendation No. 7.7 . A formalized reporting system
should be developed by the Health Department so as to
be informed at all times what air pollution control activities
the other city departments are engaged in. This is
essential to insure uniform enforcement of ordinance 1545.
Recommendation No. 7.8 . Realign the personal utilization
to adequately cover the program areas as indicated in Table
7.1.
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Recommendation No. 7.9 . Keep the Board notified periodi-
cally of developments within the program, particularly
enforcement activities.
Recommendation No. 7.10 . Keep the respective attorneys
informed of air pollution regulations and contemplated
enforcement actions.
-Recommendation No. 7.11 . Direct program planning to
meet the basic needs of the agency.
Recommendation No,. 7.12 . Develop public and technical
informational material that is specific for the Alexandria
program and take the tiecessary step to insure widespread
distribution of the material.
c. Specific recommendations relative fo engineering.
Recommendation No. 7.13 . Assign priority to completing
a comprehensive emission inventory and reducing the data
to a useful form. In this respect the State should be
consulted, to insure the inventory conforms with others
being conducted throughout the State.
Recommendation No. 7.14 . Expand the permit operation
to include all pollutant sources in the city and consult
with the State agency to insure that this system compliments
any statewide permit system.
Recommendation No. 7.15 . Develop a procedure to utilize
the information from the permit applications to update
the emission inventory and keep it current.
Recommendation No. 7.16 . Seek a stronger voice in land
use control while continuing to work closely with the
Zoning Department.
Recommendation No. 7.17 . Develop stack testing guidelines
in conjunction with the State agency and observe all
stack tests to insure uniformity.
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Specific recommendations relative to enforcement.
Recommendation No. 7.18 . Recertify inspectors at the
State smoke school at least annually.
Recommendation No. 7.19 . Develop a "call in" schedule
for the Sanitarians to receive complaint registered with
the agency. The Sanitarians should then check the complaint
cards the next time in the office to verify that no com-
plaints have been missed.
Recommendation No. 7.20 . Reexamine the inadequacies of
relying on voluntary compliance only and formalize an
enforcement procedure utilizing citations by the Police
Department on minor, persistent violations and legal action
through Municipal Court on more serious violations.
Specific recommendations relative to technical services.
Recommendation No. 7.21 . Utilize the NO2 analyzer to
monitor NC>2 on a continuous basis at an early date.
Recommendation No. 7.22 . Acquire the necessary calibration
equipment to dynamically calibrate the continuous monitoring
equipment. The instruments should be calibrated at least
weekly until the reliability of the instruments will allow
for less frequent calibration.
Recommendation No. 7.23 ¦ Keep the laboratory operating
at its present level and refer any special analysis to the
State.
Recommendation No. 7.24 ¦ Utilize the meteorological
services and data available from the National Weather
Service at Washington National Airport to meet the
meteorological needs of the agency.
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5. FAIRFAX COUNTY
a. Specific recommendations relative to legal aspects.
Recommendation No. 8.1 . Expand the definition of air
pollution to read "The presence of substances...that may
cause or tend to cause... interference with human plan or
animal life..."
Recommendation No. 8.2 . Establish a maximum penalty
of at least $1000 per day.
Recommendation No. 8.3 . Seek authority to make emission
reports available for public inspection.
Recommendation No. 8.4 . Request authority to require
the installation of equipment by an owner or operator of
stationary sources to monitor emissions and to conduct stack
tests.
Recommendation No. 8.5 . Adopt, by reference, those rules
and regulations promulgated by the State. Additional or
more stringent provisions should first be approved by the
State agency.
b. Specific recommendations relative to administration.
Recommendation No. 8.6 . Work with the County Personnel
Board to develop job classifications that reflect the
professional needs of the agency in the multidisciplinary
field of air pollution control.
Recommendation No. 8.7 . Arrange with the County
Personnel Board that future air pollution applicants will
be interviewed by the air pollution agency.
Recommendation No. 8.8 . Consider the. development of one
air pollution control program for the Virginia portion of
the Washington D. C. National Capital Interstate Air Quality
Control Region.
c. Specific recommendations relative to engineering.
Recommendation No. 8.9 . Expand the permit operation to
require approval of construction plans for all pollutant
sources in the county and take steps to insure that this
system compliments any statewide permit system.
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Recommendation No. 8.10 . Set up a procedure to utilize
the permit information to insure a current emission inventory.
Specific recommendations relative to enforcement.
Recommendation No. 8.11 . Make provisions to have every
professional staff member certified to read smoke on at
least a yearly basis.
Recommendation No. 8.12 . Work through the county
governmental structure to provide means of disposal other
than open burning. Open burning must be discouraged and
at a minimum strongly regulated.
Recommendation No. 8.13 . Authorize the Director of
Environmental Health or the Chief of the Air Pollution
Section to act as an agent for the Director of Health in
swearing out warrants against violators.
Recommendation No. 8.14 . Finalize an emergency episode
plan in cooperation with the State agency.
cific recommendations relative to technical operations.
Recommendation No. 8.15 ¦ Increase the number of hi-vol
stations to 10 at a minimum.
Recommendation No. 8.16 . Evaluate the usefullness of
the dustfall data and take appropriate action.
Recommendation No. 8.17 . Give serious consideration
to developing one central lab for the Virginia portion of
the D. C. area.
Recommendation No. 8.18 . Encourage the State agency to
set up a statewide auto exhaust testing program.
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CHAPTER II
INTRODUCTION
On December 18, 1970, Mr. William R. Meyer, in a letter to Mr.
Stephen R. Wassersug, Region III Director, Office of Air Programs
(formerly APCO), Environmental Protection Agency, requested an objective
eyailuation of Virginia's air pollution control programs (both State
and local). This report has been prepared in response to that request.
It is deigned to focus on those program areas in need of strengthening
and developing in order to qualify for maintenance support as authorized
by the Clean Air Act, as amended. It must be understood that the
recommendations are presented as a means of reaching that goal.
Certainly there are alternate methods that can be used to reach program
goals. There is no intent to stifle program initiative and imagination
in such decisions. The important objective is the implementation of
a comprehensive, effective air pollution control effort designed to
protect the health and welfare of the citizens of Virginia.
The material for this report was obtained from information provided
to OAP in conjunction with the grants program and information gathered
by a team of OAP investigators during a visit to Virginia,
January 25-29, 1971, and February 4-5, 1971. OAP is indeed grateful
for the cooperation extended by each of the agencies (State and local)
and by the OAP regional office during the fact-finding effort.
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CHAPTER III
BACKGROUND INFORMATION
3.1. Program Activities
Virginia, along with the rest of the Atlantic coast region, has
experienced extensive growth in the past few decades. As the cities
have grown, however, and as fuel consumption, industrial production
and combustion processes have multiplied even faster, the air in
Virginia has become more and more saturated with the wastes of progress.
The first attempt to control the worsening conditions came in 19^7
when the City of Richmond passed a smoke abatement ordinance. Subsequently
various other local communities adopted modest control ordinances.
Statewide action on air pollution did not come until 1964 when the
General Assembly of Virginia directed the Virginia Advisory Legislative
Council to make a study of air pollution in the State. As a result of
this study the Air Pollution Control Law of Virginia was enacted by the
1966 General Assembly and became effective on June 27, 1966. Amendments
to this basic law were adopted in 1968, 1969, 1970 and 1971. The major
provisions of the law are as follows:
1) The creation of a State Air Pollution Control Board in the
Executive Department of the State. The day to day workings of the
program are assigned to the Executive Secretary.
2) The responsibility to enforce all rules and regulations adopted
by the Board.
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3) The establishment of air pollution control districts to include
a city or county or parts of each. These districts can be established
by the Board on its own motion or upon the request of the district's
governing bodies. Powers of any local committee shall be those
determined by the Board.
4) The creation of a State Advisory Committee on Air Pollution.
In accordance with the State Statute, four air pollution control
districts have been designated thus far. In addition, the Board has
approved approximately 36 local ordinances, which are enforced on the
local level. Four of the larger local programs are in Richmond,
Alexandria, Roanoke County and Fairfax County. As yet, a coordinanted
State-local approach to air pollution control has not been developed
in Virginia.
The discussion and recommendations presented in this report are
intended to guide the State in developing and strengthening its program.
Of immediate importance will be the adoption of strong rules and
regulations. These rules, together with the recommendations of this
report, can result in comprehensive program improvements and lead to a
program eligible for maintenance level support. The State agency must,
however, take these recommendations and develop a program plan which
clearly outlines the objectives, and must set firm time schedules for
their achievement. In addition, OAP will provide program assistance
through financial and technical support. We would encourage the State
to liberally avail itself of this assistance.
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3.2. Air Quality and Sources of Air Pollution
Air pollution problems in Virginia are complicated by the
concentrations of population and industrial activity around the District
of Columbia, Richmond and the Hampton Roads - Norfolk area. In addition,
there are numerous less dense population centers crisscrossing the State.
Almost all human activities, either directly or indirectly, result
in the creation of air pollution. The basic framework for a successful
air pollution control program is based on the agency's knowledge of
the sources of air pollution, quantities of various pollutants emitted,
and ambient air quality. This information is obtained through program
activities commonly referred to as emission surveys and air quality
monitoring.
There has been little work done in the area of emission estimates
in Virginia. A limited emissions inventory questionnaire was circulated
in 1968 and recently a fuel usage study was completed. On the basis
of this study the pollutants of primary concern were determined to be
carbon monoxide, particulates, hydrocarbons, oxides of nitrogen and
oxides of sulfur. (Table 3.1). Criteria documents have been prepared
and released by OAP on all of these pollutants. These documents
relate pollutant concentrations to levels of adverse effects. The State
of Virginia must set standards on these pollutants for its Air Quality
Control Regions. The State is then responsible for developing a plan
of implementation for achieving these standards. This plan must be
submitted to OAP for approval.
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TABLE 3.1
SUMMARY OF SOURCE EMISSIONS
STATE OF VIRGINIA
Thousands of
Tons/Year
Carbon
Monoxide
¦
Sulfur
Dioxide
Hydro-
Carbons
'
Nitrogen
Oxides
Particu-
lates
Other
Total
%
Transportation
2,770
18
267
179
39
17
3290
72.91
Industry
6
102
32
52
436
57
685
15.18
Power Plants
2
157
82
66
<1
307
6.80
Space Heating
1
29
1
12
16
<1
59
1.30
Refuse Disposal
111
¦
"7
14
21
20
173
3.83
TOTAL
2,890
306
307
¦
339
578
94
4514
%
64.05
'6.78
6.80
7.51
.
12.81
2.08
ro
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Air samples have been collected in Virginia since 1957. State
participation was limited until 1964. Presently the network consists
of 144 dustfall buckets and 36 intermediate stations. The system is
further augmented by data collected at the local level.
3.3. State Growth and Potential for Air Pollution
An air pollution control agency, in order to be completely
effective, must be concerned with the potential air pollution problems
that would further degrade air quality. This is particularly true in
a state which has high potential for further economic growth and
development. The growth factors that have the greatest influence on
air quality are population centered.
The State of Virginia has projected an annual growth rate of
1.7 percent annually over the next decade. Leading this growth are
the ten largest metropolitan areas, whose annual rate of 2.5 will
result in a population density of 442 persons per square mile by 1980.
In line with this growth, there will be new industry, greater
use of fuels, more motor vehicles, and more waste products generated.
Such growth, occurring without the proper framework of control and
prevention of air pollution emissions, is accomplished at the sacrifice
and deterioration of air quality.
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CHAPTER IV
STATE AIR POLLUTION CONTROL BOARD
4.1. Background:
The Clean Air Act of 1970 recognizes that prevention and
control of air pollution can be accomplished only through the
cooperative effort of State and local agencies. It also recog-
nizes that Federal financial and technical assistance is essential
in carrying out this obligation. The firm tenor of the Act places
the State agency in the forefront with responsibility for the
protection of health and welfare of the public. As part of this
commitment the State must therefore assume the guiding role if
local agencies are to meet the Implementation Plan Requirements.
As a result of legislation adopted in 1966, the Virginia
State Air Pollution Control Board was designated as the agency
responsible for carrying out the mandate for air pollution con-
trol. Because of the limited scope of this law and the agency's
unwillingness to initiate an aggressive control effort, the past
has seen the program achieve little more than advisory status.
Now with the acquisition of new leadership, both at the
executive and program levels, there exists a fresh sense of
urgency and purpose in the Virginia air pollution control effort.
Rules are being amended and plans devised to effect a more
aggressive statewide control program. This report is
23
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intended to assist the State agency in that effort. The end
product must be an effective air pollution control agency
qualified for maintenance level program support.
4.2 LeRal Aspects
a. Legislation.
The most important of the basic elements in the foundation
of an effective air pollution control program is sound legislation
and control regulations. The problems of air pollution are
varied and complex and therefore too difficult to handle on a
voluntary control basis. The legislation must provide the
necessary regulatory and enforcement tools to an administrative
agency to prevent and control air pollution. Air pollution
control in Virginia is based on the "Air Pollution Control
Law of Virginia, as amended in 1970 and 1971."
In 1964 the General Assembly of Virginia directed the
Virginia Advisory Legislative Council to make a study of air
pollution. The Air Pollution Control Law of Virginia was enacted
by the 1966 General Assembly and became effective on June 27,
1966. In brief, the Law established a five member State Air
Pollution Control Board in the Executive Department of the State
directly responsible to the Governor. Amendments to the basic
law were adopted in 1968, 1969, 1970 and 1971.
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According to the sections of the Law, the Board is granted
necessary and adequate powers and duties to prevent and control
air pollution, as follows:
1. To protect and enhance air qua lity
2. To adopt air quality standards
3. To adopt emission and other control regulations
4. To inspect and test air contaminant sources
5. To seek penalties and court injunctions
6. To issue orders and hold hearings.
While the recent amendments have brought improvement, there
are still many provisions which tend to weaken the overall
effectiveness of the Law:
1. Section 10-17.19 Air Pollution Control Districts
This section authorizes the establishment of air
pollution control districts. Once a district has been
designated, "the powers and duties of the local committee
shall be those delegated to it by the State Board, provided
that such committee may initiate studies and make recommen-
dations to the Board." In an opinion dated January 19,
1968, the Attorney General of Virginia ruled that "once
control of local air pollution is placed in a control
district pursuant to Seation 10-17.19, the exercise of
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such control rests in the State Board and may not be
delegated by the Board to a local air pollution control
committee." As a result, due to the lack of manpower in
the State agency, the district concept has worked to
blunt initiative on the local level.
Recommendation No. 4.1. Reevaluate Section
10-17.19 and the entire control district concept.
If the concept is to be pursued, then the powers
and duties of a local committee functioning
in the air pollution control district should
be clarified and include enforcement authority
( See Section on Local Ordinances).
2. Section 10-17.21. Owners to furnish plans, specifications
and information.
This section grants the Board authority to obtain upon
request such plans, specifications and information as may
be required by the Board in the discharge of its duties.
Recommendation No. ^>2. Revise this section to
authorize specific authority to require periodic
reports of emission data and make these reports
available for public inspection, as required by
section 110 of the Federal Law.
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3. Section 10-17.29. Penalties
This section provides for penalties of not less than
fifty dollars nor more than five hundred dollars for each
violation. This ceiling is not adequate to deter
violators.
Recommendation No. 4.3 . Establish a maximum
penalty of at least $1000 per day. Several
states now have provisions for fines of up to
$10,000 per day. This section should also make
it clear that each day of violation is a separate
offense regardless of whether a conviction has been
obtained or not,
4. Section 10-17.30. Local Ordinances
The area of State-local coordination represents the
single most confusing aspect of the Virginia air pollution
control effort. According to existing legislation, "Existing
local ordinances adopted prior to June twenty-seven nineteen
hundred sixty-six, should continue in force." Local bodies
proposing to adopt an ordinance subsequent to the above date,
/
shall first obtain the approval of the State Board. In the
event of a conflict between rule, regulation, order or
requirement of the Board and a provision or provisions of
a local ordinance, the rule, regulation, order, or
requirement oŁ the Board shall gpvern. As a result,
there are some nineteen (19) different local ordinances,
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which were in effect prior to June 27, 1966. Seventeen (17)
ordinances have been approved since June 27, 1966.
There are five (5) pending ordinances awaiting Board
approval.
This situation causes a number of problems:
a. A large amount of the Board's time is spent
reviewing local ordinances.
b. By requiring that the State provision shall
govern in all conflicts, the Board can be
effectively stifling enforcement of stricter
local regulations.
As a result of the new Federal Act, the state must have
authority to regulate and coordinate local agencies involved in
the implementation plan. This cannot be done under existing
legislation.
Recommendation No. 4.4. Require that each local
jurisdiction with an existing local agency adopt
by reference the State legislation. Thus, each
local agency becomes in effect an agent of the state
with authority to enforce such rules. Should any
locale desire stricter regulation, the proposed rules
would then have to be cleared by the State Board.
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5. Additional Provisions
The Virginia law is lacking a number of provisions which are
essential for effective air pollution control. The following
recommendations address these specific provisions, and are in
line with the requirements of the new Clean Air Act.
Recommendation No. 4.5. Secure authority to implement
emergency action, comparable to section 303 of the
Clean Air Act, as amended.
Recommendation No. 4.6. Obtain authority to require
periodic inspection and testing of motor vehicles to
enforce compliance with applicable emission standards.
Recommendation No. 4.7. Adopt land use and transportation
controls (to the extent necessary to achieve and maintain
National air quality standards).
Recommendation No. 4.8. Secure authority to require
installation of equipment by the owner or operator of
stationary sources to monitor emissions and to conduct
source tests.
Recommendation No. 4.9. Obtain specific authority to
prevent construction or modification of new sources
including prior review of location and compliance with
I
appropriate rules and regulations. (Basically a permit to
construct system).
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b. Regulations.
The Board is empowered to adopt rules and regulations
abating, controlling, and prohibiting air pollution throughout
the State. Thus far eight air pollution control regulations
have been promulgated and adopted pursuant to the law. The
following is an analysis of existing rules and regulations.
1. Rule 2. Procedures.
The Executive Secretary is directed to seek first
conference and persuasion to obtain control of air pollution
when violations are detected. If voluntary control fails,
the Secretary must then notify the members of the Board
prior to issuing a written complaint of alleged violation
of a rule or rules. This order is not final but will
proceed to a Board hearing if corrective action is not
taken. This is a very cumbersome enforcement procedure,
which is not required by the Virginia law; and it can
seriously impede the agency's effectiveness.
Recommendation No.4.10. Grant the Executive
Secretary authority to issue orders directly.
This should alleviate the involved procedure
which now exists.
2. Rule 3. Smoke or Other Visible Emissions
In its present form the rule prohibits smoke darker in
shade than that designated as No. 2 on the Ringelmann Smoke
30
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Chart or of such an opacity as to cause more than 40%,
obscuration of vision at the point of discharge. In
addition the exemption allowed for equipment breakdown
provides for excessive leeway (5 days) and could in effect
prolong poor operation and maintenance.
Recommendation No. 4.11. Reduce the visible
emission limitation to a No. 1 Ringelmann and
the equivalent 20% opacity. Also exemptions should
be limited to five minutes in any sixty minute
period.
3. Rule 4. Open Burning.
While the present rule allows for numerous exceptions,
an amended proposal has been drafted which provides
stiffer limitations on open burning.
Recommendation No.4.12 . Seek immediate
approval for the proposed amendment to Rule 4.
4. Rule 5. Dust and Fumes.
Rule 5 has been reviewed by the State Agency and
amendments proposed. Extensive comments on these proposals
have been prepared by Mr. Robert Duprey of the Division of
Control Agency Development and forwarded to the State
Agency. These comments are provided in Appendix A__.
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5. Rule 6. Odor
An objectionable odor is allowed as long as unreasonable
use of property does not occur. While this regulation
provides for general nuisance, specific odor control measures
could be written for specific source problems in the
State such as rendering plants.
6. Rule 7. Dust Emissions from Indirect Heating Furnaces.
This emission standard for particulate matter from fuel
burning equipment Is based on the most lenient provision of
the American Society of Mechanical Engineers Standard APS-1
and is generally applicable only for new equipment. The
standard increases the allowable emission rate for corresponding
increases in stack height. It gives no consideration to
inversion conditions or more important to available
control techniques.
Recommendation No. 4.13 . Base the standard
on a "sliding scale" whereby the reauirements
increase with increasing plant size and are
independent of stack height. The standard should
be consistent with modern control practices.
Stack height should only be dependent upon local
meteorological and aesthetic considerations so
that maximum dispersion of residual particulate
matter will be accomplished.
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7. Rule 8. Motor Vehicle Emissions.
The regulation prohibits removal of any emission
control system or any modification which would hamper or
render the system inoperable. In line with the provisions
of the new clean air act, the State will be required to
set up a system for inspection of such control devices.
Recommendation No. 4.14.. Develop procedures
for periodic inspection and testing of motor
vehiclies to enforce compliance with applicable
emission standards.
8- Rule 9. Incinerators.
The tenor of the regulation is such that compliance
can be determined only after the installation of the
apparatus. Such an approach can only hamper control
efforts. Rather the rule should require incinerator
design standards to insure compliance before installation.
Recommendation No. 4.15. Expand Rule 9 to include
incinerator design standards and prior review
of plans and specifications.
9. Rule 10. Gaseous Pollutants.
The Virginia standards for gaseous pollutants will
have to be adjusted in light of proposed national standards.
A listing of these standards is provided in Table 4.1 .
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Taoie 4.1.
PROPOSED NATIONAL AIR QUALITY STANDARDS
PRIMARY
SECONDARY
Sulfur Oxides
80 ugm/m^ ^
365 ugm/nr - 24 hr. max. * '
75 ugm/m^ (c)
260 ugm/m - 24 hr. max.
Particulate
Carbon Monoxide
10 mgtft/m^ - 8 hr. max. A*)
40 mgm/nr* - I hr. max.
Photochemical Oxidants
160 ugm/m - 1 hr. max. TBI
100 ugm/m^ ^
Nitrogen Oxides
60 ugm/m^ .
260 ugm/m^ - 24 hr. max. f '
1300 ugra/m^ - 3 hr. max.
60 ugm/tP (C)
150 ugm/m* - 24 hr. max.
10 mgm/m^ - 8 hr. max.
40 mgm/flp - 1 hr. max. ' '
160 ugm/m"* - 1 hr. max.
100 ugm/m^
Hydrocarbons
160 ugm/m^ - 3 hr. max.
(b)
160 ugm/m^ - 5 hr. max.
(b)
(a) Annual arithmetic mean
(b) Not exceeded more than once/year
(c) Annual geometric mean
34
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Administration
a. Organization and Staffing
1, Management: The management of an air pollution control
program must consider the collective needs and desires of
their State and communities and make every effort to
translate these needs into an effective plan of action. An
effective air pollution control program must develop and
contain such elements as:
1. A firm policy on the preservation and conservation of
air quality.
2. Authority to organize and employ an adequate and
capable staff to carve out the functional activities
of administration and management, enforcement and field
services, engineering, and technical services.
3. Effective program planning commensurate with air
quality needs with realistic and meaningful objectives
to meet these needs.
4. Program activities in accordance with the authority
granted and in a manner that effectively responds to air
quality needs and objectives.
In the past, the direct regulatory responsibility for air pollution
control in the United States was delegated to local governmental
agencies with the State having concurrent authority. The new Federal
35
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Clean Air Act places State agencies in the forefront in this area of
responsibility. The State agency must, therefore, in the interest of
effective government and the economy of operation, rely on the local
control agency where and when effective control operations are carried
out. The State must, however, be the instrument of leadership,
coordination, special services, and consultations. The State must also
be geared to provide a comprehensive control operation when and where
adequate coverage and protection is not provided.
The Air Pollution Control Law of Virginia provides for a five member
State Air Pollution Control Board to be established in the Executive
Department of the State, directly responsible to the Governor. This
Board is charged with the responsibility of developing and maintaining
a comprehensive air pollution control and abatement program for the
entire State.
As shown in Figure 4. 1, the Board has assigned direct responsibility
for operation of the program to the Executive Secretary. Support roles
have been delegated to the Assistant Attorney General and the Technical
Advisory Committee.
This arrangement appears to work well. The Board is a qualified
body and has exhibited a true interest in statewide air pollution control.
The Technical Advisory Committee is composed of thirty-two technically
qualified citizens, named by the Board, whose duties include making
suggestions and advising the Board concerning policies, regulations,
plans, and goals. As it is now constituted the Committee is largely
industry oriented and as such provides a sounding board for industrial
concerns. While there does not appear to be any immediate problem with
36
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FIGURE 4.1.
ORGANIZATIONAL CHART
VIRGINIA STATE AIR POLLUTION CONTROL PROGRAM
-------
this arrangement, the Board should develop qualifications and guidelines
for the Committee which would reflect a balanced representation of the
public at large.
Recommendation No. 4.16 . Set guidelines for both the
membership and responsibilities of the Technical
Advisory Committee.
As mentioned above the responsibility for the day to day operation
of the program falls to the Executive Secretary. This title can be
misleading. Rather the director of the program should be referred to as
just that: "Director, State Air Pollution Control Program." While this
may seem a small point it would have the effect of clarifying the
position.
Recommendation No. ^.17 . Drop the title "Executive
Secretary" in favor of "Director, State Air Pollution
Control Program."
The Executive Secretary is granted extensive authority to control
and prevent air pollution throughout the State. A notable exception is
in the area of issuing orders. Orders can be issued only by the Board
and only after a hearing. This procedure is unduly cumbersome and can
handicap the enforcement effort. See Recommendation 4.10 , Legal
Section.
38
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2. Operation: The program is broken into three operating
divisions: The Technical Division, Administrative Division
and the Control Division. As it is presently structured the
Control Division assumes responsibility for both the engineering
and enforcement operations. While such organization would lend
itself to a small operation it is not felt that such a set-up
would adequately serve the expanded role of the state program.
In this role it will be the state's responsibility to provide
extensive engineering expertise, while also furnishing the
enforcement personnel in those areas not handled by local
agencies. These functions are sufficiently autonomous to
warrant separate operating divisions. Figure 4.2 represents
an organizational alignment which would avoid confusion, and
duplications, and assign definite responsibility. It was also
apparent that staff members were confused as to their specific
job responsibility and purpose. In order to develop a capable
staff, it will be necessary to assign specific job functions.
This would include developing standard operating procedures
within each division.
Recommendation No. 4.18 . Take immediate steps to
organize and structure the air pollution control
activity so lines of responsibility and authority
are clearly delegated. It is suggested that the
format of organization Figure 4.2 be considered.
39
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Figure 4.2.
PROPOSED ORGANIZATION
-Laboratory
Operations
-Instrument
Calibration
Data Analysis
-Meteorology
-Special
Studies
-Local Agency
Assistance**
Air Monitoring
* Including regional or district office staff
**Local agency liaison and coordination is sufficiently significant to be
considered a fourth program unit or substructure
40
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3. Staffing: Presently, the State program employs a staff
of 19.5 people. Approximately 8 of these positions have been
filled in the last two years, and while this increase does
represent progress over previous years, the agency is still far
short of the projected need of 190.1 man years listed in
Table 4.2 . While staff must be increased in all areas, the
acquisition of qualified engineering support Bhould take priority.
b. Program Planning:
A most important and fundamental role of management involves
program planning. It is an integral part of any activity and a "key"
to the success of an operation. It is, however, poorly understood
and often poorly executed.
There is little planning evident in the Virginia program at
present. Objectives listed in the grant application were general
and no date was given for their completion.
Effective planning must include definitive long-range
objectives (5 or more years) supported or achieved by intermediate
objectives with specific dates for accomplishment. This provides
a foundation for effective and timely development- of program
activities in accordance with the problems and responsibilities of
the agency. An evaluation procedure can be employed to better
consider the alternative courses of action that maximize utilization
of limited resources.
In this regard, the agency should consider a formalized
41
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TABLE 4.2.
PROJECTED MANPOWER NEEDS
STATE OF VIRGINIA
Man Years
Management Operations
Policy, public relations, strategy
recruitment, etc.
Staff training
Administrative and clerical
Sub-total (Management)
17.5
9.5
46.9
73.9
Enforcement Operations
Scheduled Inspections - fuel and refuse
Scheduled Inspections - industry
Complaints and field patrol
Source identification and registration
Sub-total (Enforcement)
3.9
3.9
24.0
3.9
35.7
Engineering Operations
Permit System
Source Testing
Emission Estimates
Engineering reports, new regulations
Sub-total (Engineering)
30.4
4.3
3.9
4.7
43.3
Technical Operations
Air Quality Monitoring
Special Studies
Data Processing
Instrument Calibration
Laboratory Operations
Sub-total (Technical)
13.2
4.8
7.2
4.5
7.5
37.2
Total Manpower
190.1
42
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evaluation procedure, sometimes referred to as Program Planning
Budgeting System (PPBS). In this context, Planning is the process
whereby alternatives are considered and a scheme is' prepared for
action directed at achieving goal's by optimal means. Programming
is the determination and ultimately the allocation of resources
(personnel, materials, and facilities) to the accepted plans.
Budgeting is the process whereby funding needs and intended uses
are developed, executed, and recorded.
Recommendation No. 4.19. Proceed immediately to
formulate program plans that delineate organizational
responsibilities, outline specific meaningful program
objectives and set forth procedures for monitoring
effectiveness. Such program plans should include
activities to meet the requirements of the Federal
Clean Air Act in grant support and implementation
plans for the Air Quality Control Regions.
Recommendation No. 4.20 . Investigate the potential
and feasibility of formalizing the Program Planning
and Budgeting system (PPBS) as an operating program
procedure. The PPBS concept of operation has continuing
program evaluation as an integral part of the procedure.
This readily facilitates program adaptations and
43
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modifications in accordance with the dynamic nature of
an environmental program.
c. Intergovernmental and Interagency Relations
Local air pollution control agencies have in the past and will
continue to have a direct responsibility in air pollution control.
It is important that the local agencies develop and refine their
capabilities as agents in this important area. This requires the
State agency to accelerate and expand its leadership, coordination
and support efforts accordingly. Up until now, the State has
exerted little influence over local programs. Although the State
has been subdivided into four areas, and representatives assigned
to each, due to the size of the area and lack of manpower, the
Area Representatives have been able to accomplish little more than
public relations.
The State must reevaluate its program of assistance to local
agencies. In areas where therd are existing local agencies, direct
state assignment of personnel may not be necessary. Rather the
state should monitor local effectiveness through periodic progress
reports, standardization of enforcement procedures, etc. In those
regions where no local program exists, rather than giving token
coverage to all areas of the state, the agency should first concentrate
on those areas presenting the greatest problem, (i.e. Hampton Roads,
Norfolk). In such industrial areas, with no operating local agency,
44
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a district office would be reasonable. In this context the district
agency, while being staffed by the State, would operate under the
same constraints as a local program, performing only those functions
specified by the State, and receiving support and technical help from
the Richmond headquarters.
The area of local agency support and assistance must be a major
activity of the State program. It is of sufficient importance to
consider a separate section level activity directed to State assistance
to local agencies.
Recommendation No. 4.21. Accelerate the development of a
comprehensive program of cooridnation and technical support
to local areas. This is sufficiently important to consider
the development of a fourth program subunit concerned with
local agency affairs.
Recommendation No. 4.22. Conduct periodic meeting with
local control officials to discuss problems and develop
solutions.
There are many intergovernmental agencies engaged in activities
peripheral to air pollution control operations. Areas of this nature
include planning and zoning agencies, building and housing departments,
safety and boiler inspection programs, fire marshals, refuse disposal,
etc. It is important that these interrelated programs have sufficient
interface to assure commonality to objectives. Decisions must not be
made that do not at least consider the interests of other programs.
Coordination of activities that may be of significant assistance
45
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include: Chamber of Commerce (industrial development), planning and
zoning (land-use planning), Department of Agriculture, urban renewal,
educational systems (universities, etc.), Department of Public Works,
Building Departments, etc.
Recommendation No. 4.23. Devote a concerted effort in a
program to coordinate and interface air pollution activities
with other governmental agencies and programs having peripheral
responsibilities, (i.e. Health Department, Governor's
Environmental Council).
d. Public Information and Education
Any program that affects large numbers of people must have the
support of an informed public if it is to be successful. This is
especially true if matters of health and welfare are involved and
the program regulates activities and requires legislation. An
informed public is also of particular importance because of the
controversial nature of the subject and the differences of opinion
that ofttn exists as to causes, effects, and solutions to air
pollution problems.
It is the responsibility of the control agency to keep the
public informed as to (1) the nature of the air pollution problem,
(2) program objectives, and (3) progress toward achieving these
objectives. A public information program should include as a
46
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minimum:
1. periodic newsletter or progress report
2. yearly status report
3. resource library (air pollution books, journals, reports,
visual displays and visual aids)
4. air pollution publications for distribution to the public
5. meetings with local groups.
Air pollution has become a topic of such intense public interest
that demands for information about it continue to come to the agency
in a volume out ef all proportion to the size of the organization.
Until recently the majority of the public relations was handled
by the Executive Secretary. A public information officer was employed
in mid-March. To date the need to respond to requests requiring
immediate attention has taken more than his full time, so that
development of a firm long-range information and education program
remains to be done.
The effort so far has been limited to preparation of essential
news releases, preparation of talks for other staff members, and
supplying of information in reply to a steady flow of requests, most
made by letter but quite a few in person. They come from students
ranging from early elementary to postgraduate level, school teachers
and libraries, adult individuals and environmental groups, industries
47
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and industry groups, legislators and others--in addition to newspaper,
radio and television people.
Preparation of the board's quarterly publication, of visual aids
and a mailing list is still handled by another staff member who also
has some technical duties.
Recommendation No. 4.24. Develop a program of
information and education that effectively serves
the interests and objectives of the air pollution control
program. This program should be a budgeted activity
to include such aspects as the planning and development
of news copy, publication of information material,
periodic publication of a news letter4 development
of visual aids and display material, liaison with
citizen groups, speeches, lectures, etc.
e. Training and Indoctrination:
An effective control program requires the effort of a capable
and conscientious staff. It is important that this staff be provided
the opportunity to attend periodic training and educational programs
to refresh and refine operational skills. Present training
exposures in the Virginia program are limited to in-house training,
periodic OAP training courses and occasional courses at local
universities.
48
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In recognition of the need for additional training, general
guidelines have been developed on the amount and type of training
desirable. These guidelines are as follows:
Training requirements for middle-level technical personnel
(2 to 5 years in air pollution control) should range from 3 to 10
man days per year of employment. Smoke readers especially should
receive scheduled refresher courses in plume evaluation on at
least an annual basis.
Upper-level technical personnel working in the field over
6 years should receive at least one week per year of formal training
to maintain competence.
Management, administrative, and supervisory personnel should
receive from 3 to 10 man days per year in areas of management,
supervision, program planning, and specialized technical areas.
In addition, the State must be in a position to encourage and
provide beneficial training activities to personnel in the local
control agencies.
Recommendation No. 4.25. Develop a training program
for orientation of new employees and training of
professional and non-professional employees. This
program should be delegated as a responsibility of
a specific individual.
49
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Recommendation No. 4.26 . Initiate a training program
that encourages local agency personnel participation.
The State should review local agency competency and
skills in the design of such a program. In providing
observer training, the State should record and retain
individual proficiency records.
f o Personnel and Recruitment
The expanding role of the State air pollution control effort will
necessitate an active recruitment effort to obtain qualified staff.
The rigidity and limitations of government salary schedules
frequently present difficulties in the recruitment and retention
of qualified air pollution control staff. A comparison between
existing salary levels in the State of Virginia and comparable
levels within the Federal government and private industry indicate
that Virginia is generally 10-157o lower. Also the present limited
pay step increases can work to frustrate initiative.
Recommendation No. 4.27 . Increase salaries for
professional personnel and have studies made to eliminate
problems of limited pay step increase.
g. Reporting
Presently, there is no formal reporting procedure within the
50
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program. Reports from both the headquarters operations (technical
and control) and the area representatives are received on a random
basis.
Recommendation No. 4.28. Require monthly reports from
each program element (technical, control, local
assistance) and make these reports available for the
Board's review.
51
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4.4 Engineering
The engineering aspects of the program are listed as part of the
Control Division description. This arrangement results in fragmentary
effort and confused program delineation. As mentioned in the organization
section of this report, the engineering function is sufficiently
autonomous to warrant a separate working division (; see Figure 4.2 ).
This division would then include such basic elements as:
1. Development and maintenance of emission and source inventories.
2. Development and implementation of permit systems and associated
plan reviews.
3. Conduct source testing.
4. Technical development of emission regulations.
5. Preparation of technical reports, guides, and criteria on
technical procedures and control technology.
6. Design and review of emergency episode procedures.
7. Conduct special engineering studies.
It will be the State's responsibility to provide much of the
engineering expertise to local programs. Therefore staffing and increased
activity in this area must be considered a priority.
a. Emission Inventory
The emission inventory is a basic air pollution control activity. In
conjunction with air quality data, it indicates the degree of emission
52
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control needed to achieve air quality goals and helps to establish the
priority schedule for abatement action. It should, therefore, be a
thoroughly planned, routine, systematic activity.
The only attempt at an estimate of pollutant emissions in the State
of Virginia was made in 1968. A questionnaire was prepared and sent to
300 of the major industries in the State. Although the response was
fairly good, the limited scope of the project did little more than
provide a registry of. those industries contacted.
Inasmuch as a good emission inventory is basic to so many aspects of
the program, the State agency must develop an up-to-date statewide
inventory as soon as possible. To insure that the operation'be as infor-
mative and credible as possible, the State in conjunction with the local
agencies should develop and formalize procedures for follow-up, including
plant surveys and stack tests, while also creating a system to constantly
update emission estimates. It will be important to involve local agencies
in this activity, but guidelines must be set to insure statewide uniformity
of operation.
Recommendation No. 4.29. Initiate a comprehensive
statewide emission inventory. Accordingly, the agency
must develop procedures to follow up questionnaires
and set up a mechanism to keep estimates up to date.
The procedure used in the State of Maryland could serve
as a guide.
Data from the emission inventory will be cumbersome. It is important
that this information be available for use on a convenient basis.
53
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Recommendation No. 4-30 . Develop a data storage and
retrieval system that will properly assist the staff in
emission inventory analysis and reporting.
b. Permit Operation
A permit system provides a key mechanism for managing the control
operation because the agency must approve construction and operation of
new or modified sources of pollution. In this manner, the agency may
prevent potential sources or require more stringent controls before a
plant is built rather than the more difficult and expensive task of trying
to control a source after it is operating. In addition, such a system
provides a convenient tool for updating emission estimates.
While the State Board has made a start in this direction with the
proposed changes to rules, as yet nothing has been formalized. It is
important, especially in urban areas and for major source installations,
to require a review of plans and specifications involving emission control
or reduction procedures prior to the construction or installation. Such
a permit system must then be complimented by a permit to operate which
would be issued after a source has demonstrated the ability to operate
in conformance with emission regulations. Such a permit should then be
renewed on a periodic basis, preferably annually.
The State agency is again expected to carry the major responsibility
as this specialized talent is not expected to be available in the small
local agencies. Therefore the responsibilities of the local agencies, in
terms of engineering control operations, need to be outlined for mutual
understanding. Such delegation would be based on the level of existing
local agency capability.
54
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Recommendation No. 4..3JL . Develop and implement a
permit system that provides adequate prevention capability.
Such a system must be complimented by a permit to operate
renewable on a.periodic basis and would involve local
agencies to a degree determined by the State.
c. Industrial Improvement
While emission estimates and the operation of the permit system
will form the major engineering workload, a third area of involvement
will be support to the Control Division. This assistance will take
several forms including development of emission regulations and compliance
procedures, source testing, special studies, and case preparation.
1. Development of Plans and Regulations - It is a function of the
engineering section to assess engineering feasibility and guide the control
agency in the development of compliance plans and emission regulations.
It is important that such activities be current and consistent with control
technology and in accordance with air quality needs.
2. Source Testing - Source testing and industrial inspections will be
necessary not only to reinforce enforcement activities but also to com-
pliment the emission inventory and permit operations. One stack testing
team should be sufficient to service the needs of the entire State.
3. Special Studies - The State agency has the prime responsibility for
generating information, education, instruction, criteria and standard type
publications. Such publications can range from those for the benefit of
55
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the general public to procedures documents to be used by local agencies.
In the present stage of program development, this function is particularly
important in assuming the leadership, assistance and guidance role.
Such publications could include emission inventory summaries, standard
procedures for conducting site inspections, episode reduction procedure,
etc.
Recommendation No. 4.32 . Develop a program that is
enforcement oriented and provides adequate assistance to
the Control Division in engineering matters. This would
include the development of control programs and source
testing capability.
56
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4.5 Enforcement:
The fundamental goal of any air pollution control agency is the
abatement of air pollution. Although the entire agency is involved in
this activity, the Virginia State Air Pollution Control Board has
given the prime responsibility to the Control Division. The enforcement
program has not been aggressively pursued by the agency for a number of
reasons.
1. Insufficient personnel (presently limited to 8 man-years
of effort).
2. Lack of adequate regulations and involved enforcement procedures.
(See Section on State Regulations). Page 30
3. Lack of coordination between the State and local enforcement
efforts and the State headquarters and area representatives.
4. Confused delegation of responsibility within the Control
Division.
Ideally the Control Division should deal exclusively with the
enforcement aspects and include such activities as:
1. Area surveillance and field patrol.
2. Negotiating and securing abatement of source violations.
3. Source inspections and compliance investigations.
4. Source identification and registration.
5. Complaint handling.
6. Preparation of legal actions and prosecutions.
57
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7. Enforcement of emergency episode procedures.
8. Reports and records.
The Statewide enforcement effort will involve local agencies to a
degree greater than any other program activity. It is, therefore, most
important that the State strive for uniformity, consistency, and
aggressive action on the part of all involved.
a. Compliance Procedures:
Since its inception, the enforcement effort in Virginia has
labored under inadequate regulations and confusing legal mechanisms
such as the district concept. The first step toward a viable, aggressive
enforcement program must then be to reevaluate the effectiveness of
existing, rules, regulations and procedures. Recommendations addressing
this particular area have been made in the legal section of this report.
The most effective compliance mechanism used by the State has been
to require submittal and review of all control programs. As
violations are noted the source is notified of his responsibility "to
appear at a hearing before the Board unless, within a reasonable time,
necessary corrective action is taken or a control program is submitted."
Thus far approximately 100 polluters have submitted control programs.
Beyond this the agency's legal position is quite weak. Only the Board
can issue a cease and desist order, but it is questionable whether such
an order would be legally binding. No case has ever been taken to
court.
58
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Recommendation No. 4.33. Develop specific enforcement
alternatives to the present control program review.
This would include strengthening the Board's authority
to issue a cease and desist order and also to bring
injunctive action.
Recommendation No. 4.34. Establish reporting procedures
for local agencies to monitor compliance programs within
their respective jurisdictions.
As mentioned in the Organization Section the agency has been
assigned the services of an Assistant Attorney General. Legal support
in this area has therefore been quite good. The agency should continue
to call upon his services regarding any legal matter.
b. Field Surveillance:
The responsibility for Statewide enforcement, necessitates the
deployment of people and services to regional or district offices. The
Virginia Board has recognized this and divided the State into four
administrative areas. Due to the lack of staff in these areas and the
large distances to be covered, the concept has met with little success.
The State has proposed a system of seven air quality control regions,
which would cover the entire state (Refer Fig. 4.3). The areas encompassed
by these seven regions would serve the district concept much better than
the existing four areas. Staffing levels in these regions would then
reflect the degree of existing local involvement and the amount of
pollution generated. In order to best utilize these staff members in
the regions, specific procedures, regarding responsibility, reporting,
and compliance mechanisms must be developed and implemented.
59
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Figure 4.3
'<¦' Tenia's Air Ou.ili«\- Control
Regions
ON
o
VIRGINIA
T ,
/ V ¦ TN
/¦¦:*rr"'I
i r s t n o
*^7 Ci'T
c rccMtv 5Ł»t
0 COUKTY StA; « '• fill
,& rT-
/ «;;r.: 7- A
aV
r*v-—
\
y »«n <«¦>> *'C"# \ca»mu r ^
— 'wr"""*,—^.•v-ug&FREiJERICKSBURG
,i. ; •^lXjSM»-^vn.v
/ W*.—/ -"¦»"-> -iIJB»y. /: i. x
' • ¦ 1 * Hfi "•"'« .»«..•« . X «pi. - n •
o -'737/ ;.V-;--c>x
k_ c-:—*-*S. jv
SB /, \'V. . \s... ^.-s?
4&W. / * \ , * _ ^ v- -s
**-
»»-• • » jh
A to /*h**9M J vis * , /D A?R POLLUTION CMTPOl BOARD
Quality Control fteatorts 1 il-j- ?< <'•'< ST!?r.T OriiCŁ EULDlNt
f> , :;iA 23J5
t/n/r^
-------
Recommendation No. 4.35^,. Increase the number of
administrative areas to correspond to the proposed
seven air quality control regions. Headquarters
within each region are designated in Figure 4.3 .
Recommendation No. 4.36 a Develop specific guidelines
for enforcement responsibility with regards to head-
quarter, district offices, and local programs. This
would include the stipulation of criteria for priorities,
respective role of the State and local agencies,
enforcement procedures, forms, reporting procedures, etc.
In order that the enforcement program be as effective as possible,
field inspectors should follow a prescribed routine. This
schedule would include checking complaints, monitoring any control
programs in the area, source inspections and area surveillance. In
this regard it would be most beneficial to subdivide each area into air
pollution sectors, based on either natural or arbitrary boundaries. A
routine could then be developed to systematically check each section either
by assigning one field man to each sector, or in the absence of adequate
staff, to have one man check all the sectors on a periodic basis (i.e.
one day in each). This method would insure total areawide coverage on
a scheduled rather than random basis.
61
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Recommendation No. 4.37 . Break each region into
sectors and assign specific responsibilities within
each sector.
Complaints are now received both by the area representatives and
the headquarters staff. There is no procedure for reporting complaints
and violation notices by either the area representatives or the local
agencies
Recommendation No. 4.38 . Develop statewide standard
enforcement procedures including a standard complaint
form, violation notice, time span for compliance,
follow-up, reporting, etc. In this regard the State
should assemble a manual covering these areas.
Presently only two of the Area Representatives have been certified
to read smoke and there is no provision for periodic training or
recertification of these inspectors. Such a recertification is essential
not only to keep the observer "calibrated" so to speak, but also is
necessary to maintain expert qualifications in instances of legal action.
Recommendation No. 4»39. Require that inspectors
receive periodic training in reading visible emissions
on at least an annual basis. In this regard the State
should operate a smoke school, maintain records, and
provide the service to local agencies and regional staff.
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c. Emergency Action:
The agency has the responsibility to develop an emergency plan of
action in accordance with the Emergency Episode Plan requirements that
carry out the necessary reduction of emission schedules during periods
of atmospheric stress.
Recommendation No. 4.40 . Develop as soon as possible
an emergency plan of action in accordance with the
Emergency Episode Plan requirements.
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4.6. Technical Operations:
The Technical Division presently lists two operating sections:
the Laboratory Section and Field Survey Section. Although the functions
of both of these sections have^been described on paper* in actuality
there appeared to be little coordination or supervision. Staff within
the division were confused as to their specific job functions and
responsibilities.
Recommendation No. A.41 . Clarify job responsibilities
within the Technical Division to eliminate duplication
and wasted effort.
In order that the division be most effective, specific staff
responsibilities and job functions must be delineated. Basic functions
of an effective technical service operation would include:
1. Laboratory operations.
2. Air monitoring network development and operations.
3. Instrument maintenance and calibration.
4. Data reduction, processing and reporting.
5. Meteorological operations.
6. Special field studies such as atmospheric interactions, source
identification, odor evaluation, method development, etc.
7. Preparation of technical reports, guides, and standard documents.
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a. Air Monitoring:
The existing air monitoring network in .Virginia is. primarily,
of a static nature, i.e., samples yield long-terra integrated averages
giving primarily annual information. This static network is comprised of
144 stations with dustfall buckets and 50 with sulfation discs. These
stations are located throughout the entire state.
This system is then supplemented by an intermediate station network
consisting of 36 high-volume samplers, and 6 gaseous bubblers sampling
for 902» Ox, and N0X. This network cannot provide information
commensurate with the amount of time and effort required to get it.
The agency should therefore reduce or eliminate the number of dustfall
sampling locations. In its place, a network should be established which
provides adequate statewide coverage, but concentrates on those areas
of high pollutant and population concentrations. Such a network is
presented in Table 4.3 .
Recommendation No. 4.42 . Establish a network which
recognizes the statewide air quality monitoring needs.
CSee proposed network in Table 4.3 .)
Hi-vol samples are presently being collected by voluntees on a
"random day" basis and there is no set schedule for recalibration of
the samplers.
Recommendation No. 4.43. Make sample collection the specific
responsibility of the area representatives and their sub-
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TABLE 4.3
PROPOSED AIR SAMPLING NETWORK
SM S A1 s
Population
In 1,000
Category
Hi-
Vol
Bubblers
Paper
Tape
Continuous
S02
N°x
S02
N0V
CO
HC
OX
Washington
900
A
10
9
9
3
3
3
3
3
3
I
Richmond
515
A
10
5
5
2
2
2
2
2
2
Norfolk
633
A
10
6
6
2
2
2
2
2
2
Newport News
350
A
7
3
3
1
1
1
1
1
1
Lynchburg
120
B
3
3
1
Roanoke
180
B
3
3
1
Petersburg
120
B
3
3
1
CharLottesville
80
C
1
1
Danville
100
B
1
1
Bristol
50
C
1
1
TOTAL STATE
49
35
25
8
8
8
8
8
8
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ordinates. A program could be developed where local program
assists In the collection, but not volunteers. Also high
volume samples should be collected every third day* with
no deviations due to weekends.
In line with the proposed changes in the air sampling network, staff
members should increase their knowledge of continuous air monitoring
systems and upkeep. 0APO provides such an instructional service in
Durham, North Carolina.
Recommendation No. 4*44. Provide special training for
individuals who will be responsible for any State
CAMP Stations.
Data from the existing network is presently being published on a
quarterly basis. Air data from all of the local programs is also listed.
While this is a good practice there has been little, if any, reduction
of the raw data. The State agency must take the leading role by
assimilating and reducing the data that is submitted. This function
will become more.essential as the network becomes more sophisticated.
Therefore, the State must assemble the mechanisms now. to deal with this
growing area of responsibility. The State of Virginia has an RCA Spectra
45 Computer for the use of the various State agencies. This area
should be explored to see if it would suit the data needs of the program.
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Recommendation No. 4.45_ . Develop a total program of
data reduction which would include air quality data
(both State and local), permits and emission inventory
information. The State's computer could be utilized
in this regard.
b. Laboratory:
The laboratory is located in the same building which houses the other
program elements. It consists of two rooms with adequate space, and
essential equipment and utili ties. The laboratory staff consists of
one chemist and a laboratory technician. The analysis required for
the present sampling network does not completely occupy the time of the
staff members. Much of the time is spent boiling dustfall buckets.
Recommendation No. 4.46 Reevaluate the need for
3 full-time personnel in the laboratory operation.
Some of this effort could be channeleld into data
reduction or technical assistance to local agencies.
Meteorology:
At the present time, the State of Virginia does not have meteorological
capability in the program. This area is of sufficient importance,
especially in light of the State's responsibility to local programs, to
warrant at least the part-time services of a meteorologist. This area
becomes especially critical in predicitng periods of stagnation or high
pollutant potential.
68
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Recommendation No, A.47, . Develop a statewide
service program in meteorology. The State agency
is in a position to satisfy all meteorological and
pollutant transport functions for the State.
ft 69
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CHAPTER V
CITY OF RICHMOND
DIVISION "OF AIR POLLUTION CONTROL
5.1. Background:
The City of Richmond, including the newly annexed area, encompasses
a total land area of 64 square miles. The present population stands
at 278,602.
Air pollution problems in Richmond include above average levels
of suspended particulates and carbon monoxide associated with the large
volume of automobile traffic. Point sources include such diverse operations
as: lead smelting, brass and iron foundries, paint and varnish, coffee
roasting, meat processing, offal rendering, sulfuric acid and fertilizer
production, metals salvage, tobacco, wood milling, printing and
publishing, asphalt batching, paint spray, industrial power plants,
residential heating and incineration.
The problem in the city is complicated by the topography of the area.
The greater part of the industry is located along the valleys formed
by the James River and its tributaries, and therefore, is locked in by
the surrounding hills. As a result, heavy pollutant concentrations build
up in these areas.
As mentioned above, the city of Richmond annexed 24 square miles
of neighboring Chesterfield County in 1970. This area is primarily
industrial in nature. A proposal has now been forwarded to annex further
sections of the surrounding counties. To deal with these developments,
the agency must see that they have a voice in any decision which may
affect the air quality of its jurisdiction.
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5.2. Legal Aspects:
~. Legislation
The Charter given the City of Richmond by the Virginia Legislature
charges the City with the responsibility of preserving safety, health,
peace, etc. As a result, Richmond has developed, as part of the 1968
Code of Ordinances, Chapter 4, entitled "Regulation of Air Pollution."
This chapter designates a Bureau of Air Pollution within the Department
of Public Safety with the responsibility to administer and enforce the
air pollution control program.
In order that the air pollution effort be as effective as possible,
the program must have adequate regulations and the basic authority to
enforce these regulations. According to the sections of the Law, the
Richmond agency is granted necessary and adequate powers and duties to
prevent and control air pollution as follows:
1. To protect and enhance air quality.
2. To adopt emission and other control regulations.
3. To require reporting of emission information.
4. To prevent construction or modification of new sources*
5. To inspect and test air contaminant sources.
~. To hold hearings.
7. To seek penalties and court injunctions.
Still, the present Richmond law contains a number of basic inadequacies
which hamper its overall effectiveness. These inadequacies must be
rectified and State-city responsibilities must.be spelled out in order that
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the control effort be managed most effectively. The following remarks
will address themselves to specific problem areas:
1. Section 4-3. Rules and Regulations - Controls
This section grants the director authority to require information
relevant to air pollution control including plans and specifications
in conjunction with the permit operation. This does not include
authority to require periodic reports of emission information.
Recommendation No. 5.1 . Expand the director's
authority to include requiring periodic emission data
reports. These reports should then be available for
public inspection as required by section 110 of the
Federal Law.
2. Section 4-14. Technical Advisory Board - Powers and Duties
The Technical Advisory Board is presently empowered "to approve or
disapprove any rule or regulation or any alteration, amendement or
modification thereof submitted to it for that purpose by the
director pursuant to the provisions of section 4-5i" This
responsibility is clearly beyond the scope of an advisory group.
The Technical Advisory Board acts as a sounding board for industrial
interests and cannot serve the general public. While the TAB
should have input in all decisions, it should not be so extensive
as to represent a veto power.
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Recommendation No. 5.2 . Drop the requirement
that the Technical Advisory Board approve all
regulations before passage.
3. Additional Provisions
The Richmond Ordinance lacks a number of provisions which are
essential for effective air pollution control. The following
recommendations address these specific provisions and are in line
with the requirements of the new Clean' Air Act.
Recommendation No. 5.3 . Develop, in conjunction
with the State, specific authority for episode or
emergency action.
Recommendation No. 5.A . Secure authority to require
installation of equipment by the owner or operator of
stationary sources to monitor emissions and to conduct
source tests.
Recommendation No. 5.5 . Obtain adequate authority
(to the extent necessary to achieve and maintain
National air quality standards) to adopt land use
and transportation control.
b. Regulations:
Presently there is little uniformity apparent between the regulations
promulgated by the State and those adopted on the local level. For this
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reason, this report will not address deficiencies of individual
regulations on the local program level. Rather, in light of recommen-
dations addressed to the State's rules and in the interest of uniformity,
local agencies should adopt, by reference, the State's regulations.
Should any locale desire a stricter regulation or a regulation which
deals with a problem particular to their jurisdiction, the proposed rule
should first be cleared with the State Board before adoption. This
procedure will insure the type of consistency necessary in an effective
statewide air pollution control effort and yet will not stifle local
initiative to enforce additional or stricter regulations.
Recommendation No. 5.6 . Adopt, by reference, those
rules and regulations promulgated by the State. Should
9
stricter or additional provisions be desired, these
should first be approved by the State Board before
adoption.
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5.3. Administration:
Chapter k of the Richmond City Code established a Bureau of Air
Pollution within the Department of Public Safety. Since February, 1966,
this agency has had the primary responsibility for the administration
and enforcement of the air pollution control effort in Richmond.
a. Organization and Staffing
1. Internal *• The air pollution control program is established
as a division level operation within the Bureau of Air Pollution Control,
Boiler, Weights and Measures. Out of a total Bureau staff of 17.2,
there are 8.6 man-years devoted exclusively to the air pollution effort
or 50% of the entire Bureau. The division is further subdivided into
engineering, research and technical, and enforcement and inspection
sections. (Refer Organizational Chart. Fig. 5.1 )• Specific function
and responsibility of each of these sections was not clear. In many
areas there appeared to be overlap and duplication. While a small
agency necessarily must be flexible, basic activities associated with
each section should be described.
Recommendation No. 5.7 . Take steps to organize
and structure the air pollution control activity
so that the various unit responsibilities are
alearly understood.
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FIGURE 5.1
RICHMOND ORGANIZATIONAL STRUCTURE
-------
As mentioned the air pollution effort now represents 8.6 man-years
effort. The majority (4 people) are involved in the enforcement aspect
of the program. The manpower model predicts a modest increase in
total staff from 8.6 to approximately 11. (Table 5.1). The break-
down shows the largest single effort again to be in enforcement, since
much of the technical and engineering expertise should be provided by
the State.
2. External - The Richmond Code calls for an Air Pollution
Board of Appeals and a Technical Advisory Board to fill support roles.
To date there have been no appeals and as a result the Appeals Board
has never formally met. Despite this lack of appeals the Board should
be kept informed of agency actions and developments. This can be
accomplished either through a newsletter or periodic informal meetings.
The increased enforcement effort will surely necessitate some legal
action and in this regard the Board should be as knowledgeable as
possible. Such a procedure would apply as well to the Technical Advisory
Board.
Recommendation No. 5.8. Keep the Boards notified,
on a scheduled basis, of developments within the
program.
The Technical Advisory Board is granted extensive authority by
the Code which goes beyond the basic advisory nature of the group.
These powers should be limited. The Board should and does provide a
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TABLE 5.1
PROJECTED MANPOWER NEEDS
CITY OF RICHMOND
Man Years
Management Operations
Policy, public relations, strategy
recruitment, etc.
1.0
Staff training
.5
Administrative and clerical
2.2
Sub-total (Management)
3.7
Enforcement Operations
Scheduled Inspections - fuel and refuse
.4
Scheduled Inspections - industry
.4
Complaints and field patrol
3.7
Source identification and registration
.4
Sub-total (Enforcement)
4.9
Engineering Operations
Permit System
.5
Source Testing
0.
Emission Estimates
.3
Engineering reports, new regulations
.3
Sub-total (Engineering)
1.1
Technical Operations
Air Quality Monitoring
.2
Special Studies
.1
Data Processing
.2
Instrument Calibration
.1
Laboratory Operations
.5
Sub-total (Technical)
1.1
Total Manpower
10.8
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sounding board for industrial concerns, and therefore, should not
be in a rule making position. Remarks have been addressed to this
situation in the legal section of this report.
While the agency has experienced a good deal of cooperation
within the Department of Public Safety, it appeared to exert little
influence outside the Department in such areas as planning, zoning,
urban renewal, building department, etc. It is important that the
agency develop formal.lines of communication and interchange with
these peripheral activities.
Recommendation No. 5.9 . Establish lines of
communication within the city government in order to
marshall support for air pollution control.
b. Program Planning
A most important and fundamental role of program management
involves definitive long-range objectives, supported by intermediate
objectives with specific dates for their accomplishment. This provides
the foundation for effective and timely development of program activities
in accordance with the responsibility of the agency, and alternative
courses of action to deal with the problem with limited resources.
In Richmond, preparation of the grant application has been the
basic planning tool. Many of the objectives listed in the grant are
non-essential and do not reflect balanced program development. An
example is the study to correlate pollutant levels with pulmonary and
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thoracic hospital in-patient intensive care services. Such a study
does not warrant extensive staff attention at the expense of
more basic program elements.
Recommendation No, 5.10. Develop realistic
program objectives which reflect sound program
development and are within the scope of the
agency's resources.
c. Education, Information and Training
The goal of a public information program should be to provide a
basis for dialogue between the Richmond agency and the broadest possible
spectrum of the public. Functions of the program should include a
transmission of facts, definition of issues, and delineation of actions
that the agency will take. Public involvement in key issues such as
legislation, regulations, program budgets, and variance hearings is
essential. Only a well-informed public will make such involvement
beneficial to the program.
Public information in Richmond is handled primarily by the director.
Cooperation with the media has been good. An air pollution agency the
size of Richmond limits any large scale effort in this area. There-
fore, the agency should attempt to cooperate with the State in this
regard.
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d. Reporting
Narrative reports are provided on a monthly basis to the City Budget
Department. Also air quality data is sent to the State quarterly. In the
interest oŁ cooperation and coordination with the State, the agency should
consider reporting such information as complaints handled, violations cited,
court cases> permits, etc. to the State agency on a monthly basis.
Recommendation No. 5.11. Develop in conjunction with
the State a system of reporting program activities
and progress on a monthly basis.
e. Personnel
While the agency has been able to recruit qualified staff, they have
experienced a great deal of difficulty working through the City Personnel
Department. The Personnel Board must approve all job specifications and
then assign a salary range to the position. This procedure can be quite
cumbersome and in the case of the environmental engineer's position caused
the agency to hire a man on contract for a year before the position was
formally approved.
Recommendation No. 5.12. Develop better working relations
and communications with the City Personnel Department in
order to facilitate staff procurement.
Also existing salary levels in Richmond are low when compared to similar
positions in private industry and Federal government and should therefore be
adjusted.
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5.4. Engineering
The engineering operation is established as a section-level
activity as are research and technical, and enforcement and inspection.
While specific responsibilities within each section were not spelled out,
engineering activities of the agency include emission estimates, permit
and plan review, development and monitoring of compliance schedules and
regulation development. It is not expected that each local agency develop
their resources to the degree necessary to handle each of these activities*
Rather, the necessary sophisticated support and expertise should be
provided by the State. Therefore, in this regard, specific guidelines for
state-local responsibilities should be developed to insure statewide
uniformity and consistency in the engineering activities (i.e. emission
inventory and permit system).
a. Emission Inventory
To date the emission inventory activity in Richmond has been little
more than a fuel usage study. The agency has identified the relative
percentage of the total fuel market that each fuel supplies. It is
planned to expand the activity to include emission data from specific
sources. This effort must be considered a priority. The emission inventory
is basic to any good control program. In conjunction with air quality data,
it indicates the degree of emission control needed to achieve air
quality goals and helps to establish the priority schedule for abatement
action. The State plans to conduct a rapid survey of pollutant emissions
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in the Richmond region. This will be run in conjunction with the Air
Pollution Control Office of the Environmental Protection Agency. It is
important that the Richmond agency also be involved in this effort and
that a system for updating the data be developed.
Recommendation No. 5.13. Assign one man, full time,
to work on the emission inventory until it has been
completed.
Recommendation No. 5.14. Develop specific procedures
to follow-up questionnaires and data requests not
returned to the agency. This would include personal
contact, plant surveys, and some stack testing. These
procedures should be developed in conjunction with the
State agency.
b. Permit and Plan Review
Under the present ordinance the agency can require a permit for any
"equipment which in its use of operation pollutes the atmosphere within
or without buildings. . ." Despite this broad authority, presently the
agency permits only fuel burning equipment. The review of this equip-
ment is cursory and basically safety oriented. It has been recommended
that the State establish a statewide permit system, both for construction
and operation of pollutant sources. Such a procedure will necessitate
limited local involvement. Therefore, the Richmond agency should expand
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its own program to reflect the state plan and should develop in con-
junction with the State, specific guidelines which define the various
State-local responsibilities to the permit operation.
Recommendation No. .5. 15. Expand the permit operation to
include all pollutant sources in the city andtake steps
to insure that this system compliments any statewide
permit proposal.
In order to insure adequate city-wide coverage the Richmond agency
could require that all building permits be forwarded to its office for a
review of pollution potential.
c. Compliance Schedules
Should the agency find that any particular problem has become acute
or chronic, it will request consultation with that source to develop a
definite program of improvement with timetables for their completion. As
yet there have been no formal meetings. This method of waiting until a
problem gets out of hand, before developing a compliance schedule , is
self defeating. Rather the agency should see to it that each source
within the city is on a specific schedule to comply. Such schedules
would be approved by the engineering section and then referred to the
enforcement staff for periodic progress checks. Should any particular
plant require specific expertise, the State should be responsible to
handle this situation.
Recommendation No. 5.16. Develop specific guidelines
for requiring submission of control programs and
schedules for their implementation.
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d. Special Studies
In light of the manpower limitations on the local level, any such
undertakings including source testing should be conducted in conjunction
with State agency personnel.
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5.5. Enforcement
The fundamental goal of any air pollution control agency is the
abatement of air pollution. In line with this activity is the responsibility
for inspections, investigating complaints, area surveillance, and instituting
necessary legal or administrative actions. In Richmond, where the State
could undertake some of the more sophisticated program activities,
the major local effort should be in the area of enforcement.
Presently, the program lists 4 people involved in the enforcement
effort. A moderate increase (approximately one man-year) would be required
to deal with the additional area gained by annexation.
a. Surveillance
The Richmond agency has established an effective system for city-
wide surveillance. Four "tours" are conducted each day, during which
inspectors traverse a specific route throughout the city. Along the
routes, vantage points have been established from which the inspector can
view a large section of the city. As part of his kit each inspector
carries 9 x 12" photographs taken from the specific vantage point. Sources
in the photograph are located and labeled. Thus an inspector noting a
violation can identify the source, and using the car telephone, immediately
contact the violator. This system allows the agency to effectively
cover a large area on a systematic basis. A problem does arise in the
follow-up to violations and is covered in the section on enforcement
procedures below.
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Of the three inspectors, two have been certified to read smoke.
There is no schedule for any periodic recertification. Such a recerti-
fication would not only keep each inspector calibrated, so to speak,
but would also eliminate a possible vulnerable area in the event of
legal action.
Recommendation No. 5.17 . Recertify inspectors at a
valid smoke school on nothing less than an annual
basis. Such a school would logically be sponsored by
the State agency.
b. Complaint Handling and Communications
Complaints are received by letter and phone in the main office.
Complaints are recorded in triplicate. The original is kept by the
secretary to make sure it is acted on. One copy goes to a legislative
research file to check on the regulations being violated and the third
is filed in the specific violator's file. Telephones have been installed
in four of the seven automobiles. These telephones enable the inspectors
to be contacted easily, and then to reach the violator by phone.
Requests for open burning permits are received at the main office,
principally by phone. The request is then cleared with the fire
department and then the permit issued. Presently the majority of requests
are granted. There are no guidelines, but rather it is up to the
discretion of the inspector.
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Recommendation No. 5.18. Take steps to eliminate all
open burning within the city.
c. Enforcement Procedures
Once the violator has been contacted by mobile telephone, he is then
instructed to call the main office and explain the problems. Finally a
letter is sent to the management of the source explaining the particulars
of the violation and asking that the situation be rectified. Unfortunately,
this is normally as far as the enforcement process usually gets. The
director of the program does not have specific authority to order a cease
and desist. Also it is the agency's policy that management be called in
for consultation only after records show numerous violations. There were
651 violations of city air pollution regulations recorded last year, yet
there were no fines levied and only one case brought to court in the
past six years. The court case was disallowed. The overall result of
such an approach is that Richmond's enforcement effort is little more
than a paper tiger. If the program is to meet with, success, it can only
do so by developing viable and effective enforcement procedures and
alternatives. These should include specific guidelines for the use of
fines, cease and desist orders, and injunctive actions.
Recommendation No. 5.19 . Develop standard enforcement
procedures which stipulate the compliance method to be
followed in particular situations.
d. Reporting and Files
Each inspector is required to file a daily activities report. These
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include the number of violations cited, complaints handled, etc. These
reports could prove valuable as a means of evaluating previous effective-
ness. Therefore, the agency should periodically evaluate these figures
and develop program plans in light of these findings. This procedure
could then be expanded to include reporting of all program activities.
Recommendation No. .5.20. Tailor reporting procedures
so that they provide effective agents of program planning.
The files are arranged by address and firm name. There is a
color code system which is used to flag those sources needing imme-
diate action, control plan submittal, etc. This system works quite
well. There did appear to be a large quantity of extranious material
in the files. Therefore, periodically, the files should be purged of
unnecessary paper.
Recommendation No. 5.21. Arrange for a periodic
review of the files to check for chronic violators
and to purge any unnecessary material.
e. Emergency Plan
At the present time, the agency does not have a planned program
to be implemented for emergencies and long-term air pollution episodes.
Richmond, in conjunction with the State, should develop a plan to
protect health and welfare in emergency situations such as chronic
releases from ruptured tanks, accidental emissions and prolonged buildup
of pollutants during periods of adverse meteorological conditions
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Recommendation No. 5.22 Develop an emergency plan which
is in accordance with Emergency Episode Plan Requirements
and which parallels any State Plan.
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5.6. Technical Operations
The technical services area of the Richmond program includes
maintenance of the sampling network laboratory operations and some
special studies. These activities are presently handled principally by
one staff member. Part-time assistance is provided by the air pollution
technicians
a. Air Monitoring
The existing network in Richmond consists of thirteen (13) sampling
stations. Hi-volume samples are taken at nine (9) of these locations,
while dustfall and total sulfation are registered at all thirteen. In
addition, five (5) tape samplers are scattered throughout the jurisdiction.
The agency indicated its desire to switch from total sulfation to SO2
bubblers and to supplement the network with additional Hi-vols. This
plan will provide the agency with a more accurate gauge of the pollutant
concentrations in the area, and therefore should be implemented as soon
as possible.
Although there has been little data collected in the newly annexed
portion of the city, it is planned to relocate station 8 in the
industrial section of the area. This adjustment should give more
meaningful data and afford better city-wide coverage.
Presently no data is collected on a real time basis. Based on emergency
action procedures, consistent with the Clean Air Act, this is unacceptable
for a city the size of Richmond. Based on OAP^ guidelines, a minimal
network would include 2 continuous stations. (Refer Table 4.3 ).
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These stations could be serviced by either the State or Richmond agency,
but all data should be channeled to the State for reduction and analysis.
Recommendation No. 5.23. Develop in conjunction with the
State, a plan for development and maintenance of two continuous
air monitoring stations. The State should have direct
responsibility for these stations. Also, data from these
stations would be processed by the State and correlated with
data from other sites.
In this regard, GAP has recently initiated the operation of an
Automated Air Analysis Section located in Durham, North Carolina. This
section has been established to provide useful information concerning
the operation, maintenance, calibration and repair of all continuous
monitoring instruments.
b. Laboratory
The laboratory facilities, equipment, and staff effort appear to be
adequate. The lab can handle all the basic analysis and standard methods
and procedures are followed. At its present level of operation, the
laboratory activity does not command an inordinate amount of staff time
and effort. This situation may change as increased emphasis is placed
on additional pollutants and related analysis techniques become more
complex. In this case, rather than equipping each local agency to handle
these operations, the State agency could provide an effective central
resource to handle the more sophisticated analysis work. The proximity
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of the Richmond agency to the State lab makes such a situation
even more practical. By having the State perform some of the
more time consuming sample analysis, the agency can free more
manpower for the enforcement effort.
Recommendation No. 5.24. Keep the laboratory
operating at its present level. As long as
Richmond has the facility it can continue to operate on
a limited scale and budget. This should require only
part-time effort of one staff member and any special
analyses should be referred to the State.
In addition to the laboratory facilities located at headquaters,
the Richmond agency has purchased a Mobile Lab. Presently, equipment
in the truck includes, a gas bubbler, tape sampler and hi-vol. It has
been used,basically, to augment the stationary sampling network but only
on a random basis. In order that this equipment be as effective as
possible, a definitive schedule should be developed for its use. In
light of the limited manpower available in the Richmond agency, as an
alternative, the mobile lab could be leased to the State and used on a
statewide basis.
Recommendation No. 5.25. Outline a specific schedule
for use of the mobile lab. This would include the
possibility of leasing the facility to the State on a
regular basis for studies in other areas of the State.
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c. Special Studies
The agency presently publishes a daily pollution index. The
procedure is quite simple and incorporates particulate, SO2 and
synergistic readings. The system has been quite effective and should be
continued as an effective part of the public relations program.
d. Data Reduction
There has been little data reduction carried on in the past.
What reduction is done is basically for the quarterly reports to the
State. In order to make the air quality data more available and usable,
reduction and analysis of this data should be performed on a monthly
basis, and should be consistent with State requirements.
Recommendation No. 5.26. Develop a data storage and
retrieval system and familiarize the entire staff in its
use and operation.
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CHAPTER VI
ROANOKE COUNTY AIR POLLUTION
CONTROL PROGRAM
6.1. Background
Roanoke County is located in the west central section of Virginia.
The area is generally mountainous, with the major growth centered in
the valley around the municipalities of Roanoke, Salem and Vinton.
The air pollution problem is primarily one of particulate emissions.
This is basically the result of rock crushing in quarries and related
industries such as lime production and asphalt road mix. In addition,
the county has one electric steel mill, one municipal incinerator, three
municipal dumps, one brick manufacturing plant, one tannery, and several
furniture and wood processing plants. Heating in the region is
primarily coal fired.
The situation is further complicated due to the diurnal wind flow
patterns caused by the mountains. Pollutant build-up can vary from
day to day and season to season depending upon meteorological conditions
and local emissions. Conditions in the winter season are most conduoive
to heavy build-up.
In the past ten years the county has experienced a 16.6% growth
rate. This kind of growth necessitates continuing input and surveillance
by the control agency. Any decisions made in regard to plans, equipment,
etc. should be checked by the agency to insure that pollution levels
will not be exceeded.
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6.2. Legal Aspects
~. Legislation
Pursuant to the Laws of Virginia, the Board of Supervisors of
Roanoke County first adopted an air pollution control ordinance in
December of 1964. This ordinance was then revised, and adopted in May
of 1969. Subsequently the State Air Pollution Control Beard approved
the revised ordinance the.following June.
This law, entitled the Roanoke County Air Pollution Control Ordinance,
calls for the establishment of an air pollution control division within
the County Health Department. This agency has authority over Roanoke
County, the City of Salem and the Town of Vinton. (Salem has adopted
its own city ordinance for the control of air pollution, which is almost
an exact copy of the county's law). According to the tenets of the law
the Roanoke agency is granted necessary and adequate powers and duties
to prevent and control air pollution as follows:
1. To protect and enhance air quality.
2. To adopt emission and other control regulations.
3. To require reporting of emission information.
4. To require permits.
5. To inspect and test air contaminant sources.
~. To issue orders and hold hearings.
7. To seek penalties and court injunctions.
8. To implement emergency action during episodes.
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Although the Roanoke agency has adequate legal authority to function
within its jurisdiction, its overall effectiveness is hampered by the
exclusion of Roanoke City from this jurisdiction. Presently the City
of Roanoke operates its own small scale program in the City Health
Department. The effort is limited primarily to sampling. The cooperation
between the two programs has been virtually non-existent, despite the
fact that sources within one jurisdiction affect the air quality of the
other. Some sort of regional agreement must be made if the control effort
is to be effective. The most desirable situation would be a regional
program with the responsibility for both the city and county. This has
been suggested before and failed. Therefore, the State must as-sume
an active role in order to bring about an air pollution control program
which better suits the needs of the entire region.
Recommendation No. 6.1. Develop a formal agreement
with the City of Roanoke, which recognizes the regional
implications of air pollution. The State Board should
encourage and assist in this regard.
b. Regulations
The laws of both Roanoke and Salem state that their regulations
are intended to be a more restrictive application of State rules. State
regulations which are more restrictive than those covered by the local
ordinance are enforceable under the provisions of the ordinance. For
this reason, this report will not address individual deficiencies or
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discrepancies contained in the Roanoke and Salem laws. Rather, inlight
of recommendations made regarding the State's rules and in the interest
of uniformity, local agencies should adopt, by reference, the State's
regulations. Should any locale desire a stricter regulation or a
regulation which deals with a problem particular to their jurisdiction,
the proposed rule should first be cleared with the State Board before
adoption. This procedure will insure the type of consistency necessary
in an effective statewide air pollution control effort and yet will not
stifle local initiative to enforce additional or stricter regulations.
Recommendation No. 6.2 . Adopt, by reference,
those rules and regulations promulgated by the
State Board. Should stricter or additional provisions
be desired, these should first be approved by the
State Board before adoption.
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6.3. Administration
a. Organization and Staffing
1. Interna 1 - Since the inception of the law in 1964, the Roanoke
County Health Department has been the body responsible for the management
and administration of the air pollution control effort in the County,
(Figure 6.1). The activity presently lists a staff of approximately
2.5 people. This includes one air pollution control sanitarian (B),
one air pollution control technician, one air pollution chemist (25%),
and one clerk-lab technician (approx. 25%). This involvement closely
parallels the level of 2.2 man-years predicted by the Manpower Model
(Table 6.1).
While the limited staff prohibits strict assignment within the
program, it is clear that the major effort will be in the area of
enforcement. Although past efforts in this area appear to have been
effective, the increased control emphasis will necessitate drafting
definitive guidelines on State-local responsibilities.
Recommendation No. 6.3 . Develop, in conjunction
with the State, operating procedures which describe
specific areas of responsibility and outline enforcement
alternatives.
2. Externa 1 - The agency enjoys a fairly prestigious postion in the
county governmental structure. The support for the program has been
good. As mentioned in the legal section of this report, lack of
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Roanoke
County A.P.
Advisory
and Appeals
Board
FIGURE 6.1
ORGANIZATIONAL STRUCTURE
ROANOKE COUNTY
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TABLE 6.1.
PROJECTED MANPOWER NEEDS
ROANOKE COUNTY
Man-Years
Management Operations
Policy, public relations, strategy,
recruitment, etc.
Staff training
Administrative and clerical
Sub-total (Management)
.2
0
.5
.7
Enforcement Operations
Scheduled Inspections - Fuel and Refuse
Scheduled Inspections - Industry
Complaints and Field Patrol
Source identification and registration
Sub-total (Enforcement)
.1
.8
.1
1.0
Engineering Operations
Permit System
Source Testing
Emission Estimates
Engineering reports, new regulations
Sub-total (Engineering)
.1
0
.1
.2
Technical Operations
Air Quality Monitoring
Special Studies
Data Processing
Instrument Calibration
Laboratory Operations
Sub-total (Technical)
.1
0
• 1
. 1
.3
Total Manpower
2.2
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cooperation between the city and county regarding air pollution activities
is the biggest single impediment to area-wide control. This relationship
must be improved for the program to be effective.
Both ordinances (Roanoke and Salem) call for the appointment of
Air Pollution Advisory and Appeal Boards. The role of these Boards has
been limited in the past, due to the lack of appeals. The director
indicated that a number of violators were reaching the stage where he
felt legal action was inevitable. Therefore, steps should be taken to
keep the Boards informed of any case developments. Beyond particular
cases, information should Include general agency actions and developments.
Recommendation No. 6.4 . Notify the Boards*on a
scheduled basis, of development within the program.
In this regard, particular attention should be given to
any impending enforcement action.
b. Program Planning
A successful air pollution control agency must understand the problem,
have a plan to solve it, and a method to evaluate the effectiveness of
the solution.
In Roanoke the only gauge of program effectiveness has been the grant
application. It is apparent that program planning needs to be improved
within the program.
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Recommendation N0. . Establish formal evaluation
techniques for planning purposes to determine results
under existing control activities and evaluate alternatives.
c. Education, Information and Training
Public information has been an important aspect of the Roanoke
program. The agency works closely with the news media and receives
cooperation from county officials. The major portion of this effort is
handled by the program director. This element of the program appears
to have been effective in the past and should continue to be pursued as
an integral part of the overall control effort. In light of the limited
manpower available to the program, the State could provide a valuable
resource in this regard.
d. Reporting
Presently daily activity sheets are submitted by each staff member.
This information can provide meaningful input for setting program plans
and objectives and should therefore be reviewed periodically for this
purpose. Also air quality data is sent to the State quarterly. In
the interest of cooperation and coordination with the State, the agency
should consider reporting such information as complaints handled,
violations cited, court cases, permits, etc.,to the State Board on a
monthly basis.
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Recommendation No. 6.6 . Develop a system of
reporting program activities and progress to the State
Board on a monthly basis.
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6.4. Engineering
The size of the Roanoke agency limits any formalized engineering
section. Therefore, the engineering activity includes only the very
basic elements (emission inventory, plan review, etc.) which are handled
primarily by the director. Any sophisticated engineering talent should
be provided by the State agency.
a. Emission Inventory
Although the agency has conducted a number of fuel use studies,
a comprehensive inventory of emissions has not been developed for the
county.
The emission inventory must be considered a basic air pollution
control activity and as such, a priority item for completion. The
Roanoke agency has completed the first step, by developing the basic
inventory questionnarie. Mailing should be initiated soon. In order that
this operation be as informative and credible as possible, the agency should
develop and formalize procedures for follow-up, including plant surveys
and stack tests, while also creating a system to constantly update the
basic emission estimates. These procedures can be both time consuming
and intricate. Therefore, the Roanoke agency should consult with the
State on every stage of the project-and rely on. the Stiate.jagency for the
needed technical sophistication. This will insure not only that the
inventory conforms with others being run throughout the State, but also
that essential activities are not neglected on the local level.
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Recommendation No. 6.7 . Develop guidelines for the conduct
of the emission inventory, which describe specific
responsibilities of both the State and Roanoke agencies.
b. Permit and Plan Review
The agency presently has the authority to permit any equipment
which in its operation may result in air pollution. Due, primarily to
the lack of technical staff, the agency has riot stressed this requirement.
It has been recommended that the State establish a statewide permit
system, both for construction and operation of pollutant sources. Such
a procedure will necessitate limited local involvement. In Roanoke
this would probably be limited to initiating the first contact, cursory
review of small sources, and referral of more involved plans to the
State. At any rate before such a system can work effectively, its
workings must be specifically defined.
c. Compliance Schedules
Initially, all sources consult the agency and a compliance schedule
is developed. By the program's admission, the necessary expertise is
not available to make the program completely effective. Therefore,
this effort should also be coordinated with the State, in order that it
be uniform and efficient.
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d. Special Studies
In light of the manpower limitations on the local level, any such
undertakings including source testing should be conducted in conjunction
with State agency personnel.
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6.5 Enforcement:
The enforcement process includes such basic program elements as
inspections, investigating complaints, area surveillance and instituting
necessary legal or administrative actions. These activities have
commanded the greatest portion of staff involvement.
a. Surveillance
Although the agency conducts periodic surveillance of the county,
there is no schedule. This is due primarily to the lack of available
manpower. While daily surveillance may be unrealistic and unwarranted,
some schedule, possibly weekly, should be developed. This would include
quick sightings of large areas, and spot inspections of specific
problem sources. The former could be accomplished easily from the
higher elevations in the county with the aid of binoculars.
Recommendation No. 6.8 Develop a procedure of
regular area-wide surveillance of the county.
As part of the surveillance activity, both inspectors in Roanoke have
attended smoke schools and are certified. Presently there is no system
for periodic recertification on a regular basis. Such a procedure
should be instituted in conjunction with the State, and inspectors
recertified on nothing less than an annual basis.
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b. Complaint Handling
Complaints are received directly at the division office and as
soon as possible personal contact Is made. Though a violation might be
found, the violator is not always informed of the violation. This is
true primarily in the case of a source which is under a compliance
schedule. This procedure should be changed. A compliance schedule
does not represent a license to pollute. Therefore, all violations
should be noted and followed up with a letter to the source involved.
This will not only remind him of his responsibility, but should legal
action eventually result, such a procedure will provide the agency
with needed information.
Another problem area has been communications. When both inspectors
are in the field, there is no way to contact them should an emergency
arise.
Recommendation No. 6.9 . Develop a "check in" schedule.
In the absence of a formal communications system, a
periodic phone call would be sufficient to keep the
inspector informed of any development on complaints.
Another possibility is the purchase of a "Page Boy"
system.
Requests for open burning permits are routinely received and
granted by telephone. Basic information such as name, address and
what is to be burned are recorded. Permits are rarely refused, mainly
because there are few alternative methods of disposal. In order
to curb the problems of open burning, the agency should work within
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the governmental structure to provide these alternative methods. Only
then can the open burning ban be effective.
Recommendation No. 6.10. Work through the governmental
structure to provide means of disposal other than open
burning. These would include sanitary landfills, recycling
and adequately designed operational incinerators.
c. Enforcement Procedures
The director of the program has been granted extensive authority
to control air pollution in the country. This includes authority to swear
out warrants, and summon violators to court. Thus far the most effective
tool has been an administrative conference. Through this mechanism,
complaintants and source offenders confront each other to air their
grievances. These meetings have been quite successful and should be
pursued. While the conference mechanism has been successful the agency
has not formalized alternative enforcement tools.
Recommendation No. _11. Develop enforcement procedures which
incorporate source registration and inspection.
d. Emergency Plan
Although the agency has the authority to take emergency action,
at the present time, the agency does not have a planned program to be
implemented for emergencies and long-term air pollution episodes.
Roanoke County, in conjunction with the State, should develop a plan
to protect health and welfare in emergency situations such as chlorine
releases from ruptured tanks, accidental emissions and prolonged
buildup of pollutants during periods of adverse meteorological conditions.
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6.6 Technical Operations
The major program functions of technical services include: laboratory
analysis and air monitoring. The lab work is handled by the chemist
while sample collection is accomplished by the inspectors.
a. Air Monitoring
Presently the agency operates a network consisting of 14 Hi-Volume
samplers, 3 gas bubblers (SO , NO , HGHO) and 3 AISI tape samplers.
U *
These devices form the basis of the network and are augmented by 18 dust-
fall buckets. The system affords good county-wide coverage and is set up
such that the major sources receive particular attention. A major problem
thus far has been the City of Roanoke's unwillingness to cooperate on
air monitoring. Inasmuch as the general air quality of the area is
affected by both jurisdictions, any viable sampling effort should reflect
this situation.
Sample collection is handled by the inspectors. Hi-Vols are collected
3 times weekly. This is no real problem with this arrangement and it
does not interfer with the daily inspection routine.
b. Laboratory
The laboratory is equipped to do all the basic analysis required by
the network. The time spent by the Chemist on air pollution work (25%)
is adequate to fill the needs of the agency. It is not necessary that
the agency increase their lab capability beyond its present level. If
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at any time they require additional or more sophisticated analysis, the
State should provide this service.
Much of the chemist's time is spent boiling dustfall buckets, Xn
view of the limited amount of information that can be gained through this
process, dustfall measurements should be reduced and confined to those
areas where there is a particular problem.
c. Data Reduction
Data gathered from the network is catalogued, and basic reduction
performed. Thus far graphs have been prepared and trends listed. This
information can be most Valuable as a means of program planning and
evaluation and therefore should be periodically reviewed for this purpose.
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Chapter VII
ALEXANDRIA AIR POLLUTION CONTROL PROGRAM
7.1 Background
Alexandria is a city with light industry and air pollution problems
common to the Washington, D. C. metropolitan area. The population of
Alexandria is 109,841, with over 100 manufacturing plants in the city.
The air pollution program is integrated into various departments in
)
the city government, with no formal air pollution agency structure. The
City Health Department has been delegated the primary responsibility for
administering the program by the City Council.
The levels of emission reached in Alexandria by oxidants, sulfur
oxides, and particulates either singly or in combination have been
sufficiently high to cause concern for human welfare, for damage to
vegetation, and for deterioration of materials.
The automobile is the major source of pollution in the city. Point
sources include power plants, auto salvage plants, iron foundry,
asphalt batch plants, and incinerators.
Stagnation periods of 4 days or more in length occur 1 to 2 times
per year in the metropolitan D. C. area. Inversion conditions within 500
feet of the surface occur about 1/2 of the nights.
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7.2. Legal Aspects
~. Legislation
The Alexandria program operates under Ordinance 1545, the Air
Pollution Control Code, as passed by the City Council on January 28,
1969. A similar ordinance, 1546, The Smoke Control Code, to be
administered by the Division of Smoke Control in the Department of
Building and Mechanical Inspections, was adopted at the same time.
Except for the permit section in Ordinance 1546 both ordinances are
almost identical. There is no Division of Smoke Control at the present
time, so Ordinance 1546 is not being enforced. If it were, the City
would in effect have two air pollution control programs. This ordinance
should be repealed and all air pollution control activities in Alexandria
be conducted under one comprehensive ordinance.
Recommendation No. 7.1. Work through the city council
to actively seek the repeal of Ordinance 1546.
The Health Department under Ordinance 1545 is granted the basic
authority to prevent and control air pollution as follows:
1. To protect and enhance air quality.
2. To adopt emission and other control regulations.
3. To require reporting of emission information.
4. To inspect and test emission sources.
5. To issue orders.
~. To seek penalties and injunctive relief.
7. To implement emergency action.
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I
The Health Department presently reviews and. approves plans or
new construction of pollution sources. This authority was gained
through an agreement with the Building and Mechanical Inspections
Department. The right of the air pollution program to prevent con-
struction or modification of new sources should be formalized and sanc-
tioned by law.
Recommendation No. 7.2. Amend Ordinance 1545 to give the
Director authority to prevent construction or modification
of new sources through a permit system of operation.
Several provisions that are essential for effective air pollution
control are missing from the ordinance. The recommendations below
i
address these specific provisions and are in line with the requirements
of the Clean Air Act as amended 1970.
Recommendation No. 7.3. Secure authority to make
emission information available for public inspection.
Recommendation No, 7.4. Seek authority to require
installation of equipment by owners and operators of
stationary sources to monitor emissions and conduct
source test.
Recommendation No. 7.5. Obtain authority (to the extent
necessary to achieve and maintain national air quality
standards) to adopt land use and transportation control.
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b. Regulations
Presently there is little uniformity apparent between the
regulations promulgated by the State and those adopted by the local
agencies. For this reason, the report will not address itself to
deficiencies of rules and regulations on the local program level.
OAP supports the idea of one basic set of regulations applicable statewide.
To this end the local agencies should adopt by reference the State's
regulations. Should any locale desire a stricter regulation or a
regulation dealing with a localized problem, the proposed rule should
first be cleared with the State agency before adoption. This procedure
will insure the type of consistency necessary in an effective statewide
air pollution control effort and yet will not stifle local initiative
to enforce additional or stricter regulations.
Recommendation No. 7.6. Adopt, by reference,
rules and regulations promulgated by the State.
Additional or more stringent provisions should
first be approved by the State agency.
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7.3 Administration
The Director of Health is responsible for administering and
enforcing the city air pollution ordinance. Other city departments are
assigned concurrent responsibilities in specificied areas of air
pollution control work. This provides an advantage to the agency in
that more people are involved in air pollution activity than would be
possible if the agency had to rely solely on its own personnel. An
administrative regulation signed by the City Manager outlines these
concurrent responsibilities for the Fire Department, Building Department,
Police Department, Planning Department, Department of Traffic, and
Department of Public Works in implementing Ordinance 1545. Each
department is required to furnish the Health Director a semiannual report
on air pollution activities.
Recommendation No. 7.7. A formalized reporting system
should be developed by the Health Department so as to be
informed at all times what air pollution control activities
the other city departments are engaged in. This is
essential to insure uniform enforcement of ordinance 1545.
Strong leadership must be provided by the Health Department to insure
that fragmentation of responsibility will be an asset and not a liability
to the air pollution control program. Without this leadership and coor-
dination the various departments could become lax in carrying out their
responsibilities.
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a. Organization and Staffing
1. Internal - The air pollution control activities are centered
in the Environmental Health Division of the City Health Department. An
Air Pollution Coordinator, assigned to air pollution, is responsible for
administering the program.
There are 9 sanitarians assigned to cover the 29 census tracts in
the city. Their activities include handling complaints and general
surveillance. Each sanitarian's daily work sheet indicates the amount
of time spent on air pollution work. Last year this averaged 7%. Three
full time professional positions are assigned to air pollution.
According to the latest grant application, 53 city employees spend
a percentage of their time on air pollution activities.
The. Air Pollution Coordinator handles the engineering needs of the
program. Technical services are provided by the Division of Laboratories.
The air pollution effort now represents approximately 8.8 manyears
(4.6 in Health Department, 4.2 in other department). The hiring of a
technician will increase this to 9.8 man-years. The OAP manpower model
predicts a total staff need of 4.2 manyears (Table 7.1). The breakdown
shows the largest single effort to be in enforcement.
If the technician is hired, the program will be devoting 2.3 man-
years to technical services which is double the needs of Alexandria as
projected by the OAP manpower model.
Recommendation No. 7.8. Realign the personal utilization
to adequately cover the program areas as indicated in
Table 7.1.
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Table 7.1
PROJECTED MANPOWER NEEDS
CITY OF ALEXANDRIA
Management Operations
Policy, public relations, strategy, recuritment, etc.
.2
Staff training
.1
Administrative and clerical
.4
Sub-total (Management)
.7
Enforcement Operations
Scheduled inspections - fuel and refuse
Scheduled inspections - industry \
Complaints and field patrol r
2.0
Source identification and registration J
Sub-total (Enforcement)
2.0
Engineering Operations
Permit system
.2
Source testing
0
Emission estimates
.1
Engineering reports, new regulations
0
Sub-total (Engineering)
.3
Technical Operations
Air quality monitoring
.7
Special studies
.2
Data processing
Instrument calibration
.1
Laboratory operations
.2
Sub-total (Technical)
1.2
Total Manpower
4.2
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2. External - Administrative Regulation 8-15 from the City
Manager formalizes interdepartmental responsibilities in implementing
air pollution control ordinance 1545. The Health Department is charged
with administering and enforceing the provisions of the ordinance. Other
departments assigned specific responsibilities are Fire, Building and
Mechanical Inspections, Police, Public Works, Planning and Regional
Affairs, Traffic, and General Services.
Assigning responsibilities across departments for implementing an
air pollution ordinance has met with little success in the past.
However, the arrangement seems to be working satisfactorily in
Alexandria. The Director of Public Health has shown considerable
interest in and is directly involved in the air pollution control
program. Such support is essential to the success of a program struc-
tured like Alexandria's.
The ordinance calls for a three member Appeal Board. To date,
there have been no appeals. The Board, however, should be kept
informed of program actions and development. Increased enforcement
effort will surely result in some legal action and appeals. In this
regard, the Board should be as knowledgeable as possible.
Recommendation No. 7.9. Keep the Board notified periodi-
cally of developments within the program, particularly
enforcement activities.
A full time lawyer for the Health Department is assigned to the
Environmental Health Division. The City Attorney would have to prosecute
any violators, however. If a State law is involved in the violation, a
Commonwealth Attorney would have to be used.
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Recommendation No. 7.10. Keep the respective
attorneys informed of air pollution regulations
and contemplated enforcement actions.
b. Program Planning
Program planning provides the foundation for effective and timely
development of program activities in accordance with the responsibilities
of the agency, and alternative courses of action to deal with the problem
with limited resources. The planning in Alexandria seems directed toward
more sophistocated activities than can be justified at the present
time. Such activities as meterology, effects packages, mobile field
laboratory, extensive air monitoring network, etc., should not be engaged
in by an agency the size of Alexandria. Planning should be concerned
with the more basic program elements such as, emission inventory,
scheduled inspections, enforcement, and compliance schedules.
Recommendation No. 7.11. Direct program planning to
meet the basic needs of the agency.
c. Training
The Alexandria program has a formalized training procedure that
lasts about three months. This includes field visits, QAP courses, and
VPI or Maryland smoke school.
d. Public Relations
A Public Information Officer in the City Manager's Office is available
to the air pollution program and has been utilized when needed. There is
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a need for more packet distribution material which the program hopes
to develop.
The importance of a informed public cannot be overemphasized. Public
support can mean the difference between success and failure of an air
pollution control program. Development of good news copy, publication of
information material, liaison with citizens groups through speeches and
lectures will help keep the public informed and marshall support for
the air pollution program.
Recommendation No. 7.12. Develop public and technical
informational material that is specific for the Alexandria
program and take the necessary step to insure widespread
distribution of the material.
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7.4. Engineering
Engineering activities for the Alexandria program include permit
and plan review» emission estimates, and monitoring compliance
schedules. The engineering needs of the program have been handled by
the Coordinator who is also responsible for the day to day administration
of the program. It is not expected that Alexandria develop a
sophisticated engineering section, but should call on the State agency
when help is needed in engineering functions. There should be
statewide uniformity in conducting emission inventories and reviewing
permits and plans.
a. Emission Inventory
Approximately 600 industrial and commercial establishments have
been contacted by letter requesting information on incineration and
heating plants. A more detailed questionnaire was sent to 22
industrial sources. The response has been 65-70%. Sanitarians do the
follow-up contact on companies that do not respond. The information is
now being analyzed for SO2 and particulate emissions.
The completion of a comprehensive emission inventory must be
considered a priority activity. Program planning to control air
pollution cannot be undertaken until the agency knows what the emission
levels in the city are. At this point control strategies can then be
developed.
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Recommendation No. 7.13. Assign priority to completing
a comprehensive emission inventory and reducing the
data to a useful form. In this respect the State
should be consulted, to insure the inventory conforms
with others being conducted throughout the State.
b. Permit and Plan Review
Permits for new installations involving pollution sources are sent
to the agency for approval from the Building and Mechanical Inspections
Department. This is through an informal agreement with the Department.
The agency should have the weight of law to prevent construction of
sources that will not meet its emission standards (see Section 7.2 Legal).
It has been recommended the State establish a statewide permit
system, both for construction and operation of stationary sources. Such
a procedure will necessitate local involvement. Therefore, the Alexandria
agency should develop a permit system to complement the State program.
Specific guidelines that define the State-local responsibilities must be
developed in a cooperative effort with the State.
Recommendation No. 7.14. Expand the permit operation to
include all pollutant sources in the city and consult with
the State agency to insure that this system compliments
any statewide permit system.
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Recommendation No. 7.lj. Develop a procedure to utilize
the information from the permit applications to update
the emission inventory and keep it current.
The agency sends a representative to the zoning and planning; hearings
involving a potential air pollutant source. In this way the program
gets involved from the start with future pollution sources. This activity
should definitely be continued and expanded. The Clean Air Act, as
amended 1970, requires the State to have authority to adopt land use
controls necessary to achieve and maintain national air quality standards.
In this respect the Alexandria air pollution control program should have
veto power over site location of potential sources.
Recommendation No. 7.16» Seek a stronger voice in land
use control while continuing to work closely with the
Zoning Department.
c. Stack Testing
The agency does not have stack testing capability and it is not
recommended Alexandria set up a stack testing program. The Fairfax
County agency has been called on in the past to do some stack testing.
The State agency could also be utilized in doing stack testing at such
time as the State develops stack testing capability.
The agency places the burden of stack sampling on the individual
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facility rather than the city. This is as it should be, however, the
agency must have the expertise necessary to observe these tests and
ineure they are conducted in accordance with acceptable procedures
and methodology.
Recommendation No. 7.17. Develop stack testing guidelines
in conjunction with the State agency and observe all stack
tests to insure uniformity.
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7.5. Enforcement
The basic responsibility of any air pollution agency is the
enforcement of its rules and regulations. In this respect the
Alexandria agency needs to strengthen its efforts.
The agency features voluntary rather than punitive compliance in
its enforcement activities. In a city with no heavy industry this
enforcement policy seems to have worked thus far. The agency must be
on guard against polluters who would use this philosophy as a stalling
mechanism to indefinitely postpone installing control equipment. One
effective way to prevent this is for the agency to formalize its
compliance procedures.
a. Surveillance
Surveillance of Alexandria is primarily handled by nine Sanitarians
who spend approximately 7 percent of their time on air pollution
activities. Three Sanitarian Supervisors are utilized when needed on
air pollution activities.
Four sanitarians are certified smoke readers. There is no formal
recertification schedule. If the proposed regulation of Ringelmann No. 1
or equivalent opacity is adopted, more certified smoke readers will be
needed. All sanitarians and supervisors should be certified at an
early date and recertification should be a part of each man's yearly
training.
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Recommendation No. 7.18. Recertify inspectors at the State
smoke school at least annually.
b. Complaint Handling and Communiaations
Most compliatits are received by telephone at the Health Department.
The secretary fills out a card and turns it over to the Supervisory
Sanitarian who then distributes it to the area Sanitarian. If the
complaint involves an emergency, it is handled by the office.
The Sanitarians come in the office in the mornings and afternoons.
Compliints investigated are therefore one day old as there is no field
communication system. The air pollution program could hardly justify
financing of radio communication equipment with Sanitarians only spending
7 percent of their time on Air pollution. However, periodic phone calls
to the office to receive complaint information should reduce the time
between the complaint and investigation.
Recommendation No. 7.19. Develop a "call in" schedule for
. the Sanitarians to receive complaint registered with the
agency. The Sanitarians should then check the complaint
cards the next time in the office to verify that no
complaints have been ritissed.
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c. Enforcement Procedures
If a violation is spotted by a sanitarian he tries to resolve it
on the spot. A notation is made on his worksheet. If the violation is
serious enough an entry will be made in the person's file. After the
third violation the sanitarian confers with his supervisor. The
Coordinator then decides if a formal case should be established. Formal
prosecution is started with a registered letter-mailed to the violator
over the signature of the Director of Health. To date, the agency has
not handled a court case. Allowing three violations before considering
prosecution is not in line with good enforcement practices necessary
to preserve, protect and improve the air resources within the city.
The Police Department is authorized to issue citations upon request
of other departments for violations of the Air Pollution Ordinance. This
rather simple enforcement procedure has not been utilized by the agency.
Recommendation No. 7.20. Reexamine the inadequacies
of relying on voluntary compliance only and formalize an
enforeement procedure utilizing citations by the Police
Department on minor, persistent violations and legal
action through Municipal Court on more serious viola-
tions.
d. Reporting and Files
Each Sanitarian completes a daily report sheet which lists all
activities ddring the day and amount of time spent on air pollution
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problems. Complaint cards are completed on all complaints and are filed
by street address. A copy of all violation notices are filed under the
violators name.
A monthly report of air pollution activities is submitted through
the Health Director to the City Manager.
All city departments assigned air pollution responsibility file
a six-month report with the air pollution agency who compiles them into
one report for submission to the City Council.
e. Emergency Plans
A new emergency episode plan has been written and is presently
awaiting State approval. It is essential that any emergency episode
plan for Alexandria be compatible and mesh with other emergency plans
for the D.C. metropolitan area.
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7.6. Technical Operations
The technical service operations consist of the following activities;
air monitoring, laboratory services, special studies, meteorology,
instrument maintenance, and data reduction.
a. Air Monitoring
The program is in the process of setting up an air sampling
network. This will consist of five permanent static stations and a
continuous monitoring station at the Health Department. The static
stations consist of a high-vol, sulfation plate, and dustfall bucket.
The following instruments make up the continuous monitoring station:
combination SO2 - total oxidant, N0X - NC>2» portable CO and AISI tape
sampler.
These instruments should be put on line at the earliest possible
date. To insure useable data, the instruments should be statically
checked daily and dynamically calibrated weekly until such time as the
reliability of the instruments dictates less frequent calibration.
Currently the lab is measuring only N0X with the N0X - NO2 analyzer.
The Environmental Protection Agency is proposing national standards for
NO2, therefore the lab should start monitoring NO2 as soon as possible.
Recommendation No. 7.21. Utilize the NOj analyzer to
monitor NO2 on a continuous basis at an early date.
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Five static stations will provide more than adequate monitoring for
an area the size of Alexandria. The usefulness of the dustfall buckets
at these stations is questionable. Dustfall bucket data has very limited
value in areas covered by high-vols. The dustfall buckets should be
discontinued at the first sign of manpower problems in the laboratory.
The agency should send a quarterly composite (3 months) high-vol
filter sample to the State lab for analysis of inorganics and organic
(benzo(a)pyrene) pollutants. At the present time, however, the State
lab is not equipped to do this analysis.
The continuous monitoring equipment has been electronically checked.
The instruments should be dynamically calibrated before any data
reduction is attempted because data collected prior to calibration is
unreliable and possibly misleading. Permeation tubes are now available
at a reasonable cost to calibrate the NOx and SO2 monitors. Standard
gases of known concentrations are available for calibrating the other
monitors.
Recommendation No. 7.22. Acquire the necessary calibration
equipment to dynamically calibrate the continuous
monitoring equipment. The instruments should be
calibrated at least weekly until the reliability of
the instruments will allow for less frequent calibration.
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b. Laboratory Operations
The Health Department's Division of Laboratories provides laboratory
support to the air pollution control program. The laboratory staff,
facilities, and equipment appear adequate for the needs of the program.
One chemist is full-time on air monitoring and laboratory work. The
Director of Laboratories spends 33% of his time on air pollution.
If sophisticated analysis is required, the program should call on
the State lab rather than expand its own lab operations.
Serious consideration must be given to establishing one lab
for the Virginia portion of the D.C. area. This could possibly be
a State operated lab.
Recommendation No. 7.23. Keep the laboratory operating
at its present level and refer any special analysis
to the State.
The program desires to utilize its panel truck as a mobile field
laboratory. It is doubtful a program of Alexandria's size can justify
the need for a mobile lab. This project should not be pursued any
further.
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c. Meteorology
The agency expressed a desire to get involved in documentation of
weather phenomena. This activity is of little value unless the program
has the expertise to relate this data to air pollution control strategies.
Even if it could be shown that the data could be utilzed in the air
pollution control program,an agency of Alexandria's size would have
difficulty justifying the man-hours necessary to reduce and evaluate
this data, particularly since most of the records would duplicate those
provided by the nearby National Weather Service at Washington National
Airport.
An Environmental Meteorological Support Unit located at Washington
National Air port is also available for the agency's use. These units
were set up specifically to provide air pollution meteorological forecasting
to small air pollution control programs.
Recommendation No. 7.24. Utilize the meteorological
services and data available from the National Weather
Service at Washington National Airport to meet the
meteorological needs of the agency.
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CHAPTER VIII
FAIRFAX COUNTY
DIVISION OF AIR POLLUTION CONTROL
8.1. Background
Fairfax County forms the centroid of the Virginia portion of the
National Capitol Interstate Air Quality Control Region. It is
primarily a bedroom community with no heavy industry, yet it is one
of the fastest growing areas in the county This fact will present
increased air pollution problems from such population oriented services
as the automobile, space heating, and refuse burning. Dulles
International Airport is located in the county and is presently
undergoing an expansion program. This includes the development of
an industrial park in the immediate area of the airport, which will be
limited to light industry and research oriented plants. Heavy
industry is not now nor should it become a problem in the county.
The present air pollutants of concern are particulates and
hydrocarbons. The major sources are space heating with heavy fuel
oil and some coal, refuse burning from land clearing and construction
debris, incinerators, rock quarries, asphalt batching plant, automo-
biles, and gasoline storage from two tank farms.
The jurisdiction of the agency covers the entire county including
the cities of Fairfax and Falls Church, with a total population of
482,314.
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8.2 Legal Aspects
~. Legislation
The County of Fairfax Air Pollution Control Ordinance was adopted
by the Fairfax County Board of Supervisors on December 13, 1967, and
subsequently became effective on January 1, 1968. This Ordinance created
a Division of Air Pollution Control In the Fairfax County Health Depart-
ment with the responsibility for administration and enforcement of the
ordinance throughout the county. This responsibility includes authority
to administer and enforce the ordinances of both the City of Fairfax and
Falls Church. This arrangement has not posed a problem inasmuch as the
three ordinances are quite similar.
According to the tenets of the law the Fairfax County Agency is
granted necessary and adequate authority to prevent and control air
pollution as follows:
1. To adopt emission and other control regulations.
2. To require reporting of emission information.
3. To inspect and test air contaminant sources.
4. To issue orders and hold hearings.
5. To implement emergency actions during episodes.
~. To prevent construction or modification of new sources.
While it is felt that legislation in the above areas is adequate, the
law contains several weaknesses.
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1. Section 1 A-3. Definition of Air Pollution
Presently the definition is restricted to the presence of substances...
"in concentration sufficient to cause...' unreasonable interference with
human, plant or animal life..."
Recommendation No. 8.1. Expand the definition of air
pollution to read "The presence of substances... that
may cause or tend to cause...interference with
human plant or animal life..."
2. Section 1 A-16. Penalty for Violations
This section provides for penalties of not less than fifty dollars
nor more than five hundred dollars for each violation. This ceiling is
not adequate to deter violations.
Recommendation No. 8.2. Establish a maximum penalty
of at least $1000 per day.
b. Additional Provisions
There are omissions in the basic enabling legislation that need
attention as follows:
Recommendation No. 8.3. Seek authority to make
emission reports available for public inspection.
Recommendation No. 8.4. Request authority to require
the installation of equipment by an owner or operator
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of stationary sources to monitor emissions and to
conduct stack tests.
c. Regulations
Presently there is little uniformity apparent between the regulations
promulgated by the State and these adopted by the local agencies. For
this reason, the report will not address itself to deficiencies of
rules and regulations on the local program level. OAF supports the idea
af one basic set of regulations applicable statewide. To this end the
local agencies should adopt by reference the State's regulations. If the
agency wants a regulation to cover a localized problem or desires a
more stringent regulation the proposed rule should first be cleared
with the State agency before adoption. This procedure will insure the
type of consistency necessary in an effective statewide air pollution
control effort and yet will not stifle local initiative to enforce
additional or stricter regulations.
Recommendation No. 8.5. Adopt, by reference, those
rules and regulations promulgated by the State.
Additional or more stringent provisions should first
be approved by the State agency.
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8.3. Administration
Since 1967 when the Fairfax County Air Pollution Control
Ordinance went into effect, the County Health Department has been
the organization charged with the administration and enforcement of
the air pollution control program.
a. Organization and Staffing
1. Internal The air pollution control program is established
as a section level operation within the Health Department's Division
of Environmental Health. (See Organizational Chart;, Fig. 8.1).
The air pollution section, due to its limited size, has no
formalized subdivisions. Presently there are ten staff members,
including the chief who oversees the entire program operation. This
level closely parallels the staffing needs predicted by the manpower
model (Table 8.1.) • As the model indicates, the major thrust of the
agency's effort should be in the area of enforcement, and therefore
the agency should tailor its program accordingly.
All professional personnel, with the exception of the chemist,
are classified as sanitarians, with the minimum requirement of a degree
in one of the physical sciences. Unfortunately, the sanitarian's job
description is general and does not adequately reflect the job functions
and requirements of the air pollution control personnel.
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Figure 8.1.
FAIRFAX COUNTY ORGANIZATIONAL
STRUCTURE
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Table 8,1
PROJECTED MANPOWER NEEDS
Management Operations
Policy, public relations, strategy,
recruitment, etc. 1*0
Staff training
Administrative and clerical 2.0
Sub-total (Management) 3.6
Enforcement Operations
Scheduled Inspections-Fuel and Refuse
Scheduled Inspections-Industry
Complaints and Field Patrol 3.7
Source identification and registration
Sub-total (Enforcement) 3.7
Engineering Operations
Permit System «2
Source Testing -3
Emission Estimates -2
Engineering reports, new regulations «1
Sub-total (Engineering) .8
Technical Operations
Air Quality Monitoring 1*0
Special Studies »3
Data Processing
Instrument Calibration >2
Laboratory Operations »5
Sub-total (Technical) 2.4
Total Manpower 10.5
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Recommendation No. 8.6 . Work with the County
Personnel Board to develop job classifications that
reflect the professional needs of the agency in the
multidisciplinary field of air pollution control.
In addition to the above situation, according to the hiring
practices of the Personnel Board, it is possible for a sanitarian to
be hired without the agency having the opportunity to screen applicants.
Recommendation No. 8.7 . Arrange with the County
Personnel Board that future air pollution applicants
will be interviewed by the air pollution agency.
2. External
The County Board of Supervisors consisting of nine elected members,
is the legislative body entrusted with the responsibility for adopting
rules and regulations. The County Executive, appointed by the Board,
is the administrative head of the county. All department heads,
including the Health Director, report directly to him.. Support for
the air pollution control program has been good. The Board of
Supervisors has appointed a five member Air Pollution Appeal Board,
with the responsibility to hear appeals from any aggrieved parties.
Although there have been only a few appeals, the support of the Board
has been quite good.
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b. Intergovernmental and Interagency Relations
The agency works closely with the County Building Inspector on
inspecting mechanical installations and approving building plans involving
air pollution sources. The cooperation of the police department has
been good in turning over the name and address of smoking automobile
owners to the agency. The cities of Falls Church and Fairfax police
departments enforce the leaf burning ban in their respective cities. The
air pollution open burning permits are screened by the fire department.
The agency is a member of the D. C. Council of Governments.
Recommendation No. 8.8 . Consider the development of
one air pollution control program for the Virginia portion
of the Washington D. C. National Capital Interstate
Air Quality Control Region.
c. Training
The training activities appear adequate in the Fairfax County
program. New employees undergo a one month training program. OAP
training courses are utilized when possible. For new professional
personnel, training requirements should average about 3 to 5 weeks during
the first two years, depending upon an individual's background in college
or technical school and assigned program role. Middle level technical
personnel (2 to 5 years) in air pollution should range from 3 to 10 man-
days/year of formal training. Upper level technical personnel (over
6 years) in air pollution should receive at least one week of formal
training annually to maintain professional competence and refine management
skills.
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8.4 Engineering
The agency, due to its size, does not have an engineering section.
One engineer handles all engineering activities for the agency. All
incinerator permits must be reviewed. An informal agreement with the
building inspector assures that a building request involving any air
pollution source is sent to the air pollution office for review.
a. Emission Inventory
An emission inventory has been completed by the agency. At present
the permit review information is not utilized to update the emission
inventory. The emission inventory could be kept current by utilizing
information from the permits and contacting plants when additional infor-
mation is required.
b. Permit System
It has been recommended that the State establish a statewide
permit system, both for construction and operation of pollutant sources.
Such a procedure will necessitate limited local involvement. The Fairfax
County agency should develop its permit system to supplement the State
program and should develop specific guidelines with the State wtiich define
the State-local responsibility in administering a permit system.
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Recommendation No. 8.9 . Expand the permit operation to
require approval of construction plans for all pollutant
sources in the county and take steps to insure that this
system compliments any statewide permit system.
Recommendation No. 8»10 . Set up a procedure to utilize
the permit information to insure a current emission
inventory.
c. Source Testing
The agency has a competent stack testing team and conducts
approximately 40 tests a year. It has been recommended that the State
agency set up several source sampling teams. In all probability, the
Fairfax agency can handle its stack sampling needs but should call on
the State agency if help is needed rather than expand its own source
testing capability. Stack testing procedures should be uniform through-
out the State and in this respect, the Fairfax agency could help the
State in setting up its stack testing program and in writing procedures
for stack testing.
c. Compliance Schedules
Sources in violation are called in for a meeting with the agency,
at which time a compliance agreement is worked out with timetables for
its completion. Periodic inspections are then made to assure the sources
adherence to the schedule.
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8.5 'Enforcement
The enforcement activities in the Fairfax County Agency are
handled by the entire professional staff. Due to the agency size there
is no organizational breakdown into enforcement operations.
a. Surveillance
Inspectors are assigned geographic areas to cover and normally do
not leave the area unless directed to. Complaints are radioed to
the inspectors as they come in. Any point in the county can be reached
from the office in 45 minutes. The agency has 5 automobiles and 1
panel truck all equipped with 2-way radios.
Four staff members are certified smoke readers and they are
recertified every two years.
Recommendation No. 8.11. Make provisions to have
every professional staff member certified to read
smoke on at least a yearly basis.
The Police Department cooperates with the agency by reporting
names and addresses of owners of smoking automobiles. The city police
in Fairfax and Falls Church help enforce the leaf burning ban in their
respective cities. City and county fire marshalls help in the inspection
of fire permits.
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The cities of Falls Church and Fairfax each have an air pollution
officer working part-time on air pollution. The county agency has
good liaison with these people.
Open burning is allowed in sections of the county that do not have
trash pick-up. However, a permit is required for open burning. The
agency issued one day permits and semi-permanent type permits.
Recommendation Ho. 8.1. Work through the county
•T
governmental structure to provide means of disposal
other than open burning. Open burning must be dis-
couraged and at a minimum strongly regulated.
b. Procedures
The Director of Health makes all decisions on issuing warrants for
violations. Someone closer to the air pollution activity should have
more input into the decision to prosecute. The Director of Health
could authorize the Director of Environmental Health or the Chief, Air
Pollution Section to act as his agent in swearing out warrants against
violators.
Recommendation No. 8.13. Authorize the Director of
Environmental Health or the Chief of the Air Pollution
Section to act as an agent for the Director of Health
in swearing out warrants against violators.
c. Site Inspections
All potential air pollution source installations are given a final
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inspection by the agency. The Chief of the Air Pollution Program
or the Senior Sanitarian accompany the area sanitarian on the site
inspections. This procedure has been quite effective in the past and
should be continued.
d. Emergency Plan
The agency has a draft form of an emergency episode plan. The
Fairfax County agency in conjunction with the State should finalize
the emergency episode plan as soon as possible.
Recommendation No. 8.14. Finalize an emergency episode
plan in cooperation with the State agency.
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8.6. Technical Operations
The major program functions of technical services include: air
monitoring and laboratory analysis. The lab work is handled by the
chemist, while one sanitarian works full-time on the monitoring network.
a. Air Monitoring
The air monitoring network consists of 6 hi-vols, 19 dustfall
buckets and sulfation plates and one continuous monitoring station
(CO, SO2, total oxidants, N02» AISI tape sampler). Hi-vols are collected
three times weekly by the sanitarian assigned to air monitoring.
Recommendation No. 8.15. Increase the number of hi-vol
stations to 10 at a minimum.
The usefulness of dustfall data is very limited. Unless the agency
is utilizing the data collected in an advantageous way, the number of
dustfall buckets should be drastically reduced.
Recommendation No. 8.16. Evaluate the usefullness of
the dustfall data and take appropriate action.
b. Laboratory
The laboratory is well equipped to do all the basic analysis
required by the network. It is not necessary that the agency increase
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its lab capability beyond its present level. If more sophisticated
analysis is needed, the State should provide this service.
The three Virginia agencies in the D.C. area, Fairfax, Alexandria,
and Arlington are in such close proximity there could be duplication
of effort in lab facilities. Serious consideration should be given to
developing one central lab for the Virginia portion of the D.C. region.
This could possibly be a state-operated lab.
Recommendation No. 8.17. Give serious consideration
to developing one central lab for the Virginia
portion of the D.C. area.
c. Data Reduction
Hourly, daily, and monthly highs are recorded. The county has
computer facilities, but the agency prefers to handle the data reduction
through SAROD.
d. Special Studies
The agency expressed a desire to set up an automobile exhaust
inspection system and in the current grant application have requested
two combination HC and CO analyzers for this purpose. This activity
should be a function of the state agency to be carried out on a statewide
basis.
Recommendation No. 8.18. Encourage the State agency
to set up a statewide auto exhaust testing program.
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APPENDIX A
copy
Mr. John Daniels
Virginia Air Pollution Control Board
Ninth Street, Office Building
Richmond, Virginia 23219
Dear Mr. Daniels:
I regret the delay in this letter to follow-up my presentation before the
Virginia Air Pollution Control Board on January 11, 1971. I hope the
information I sent regarding comments on similar proposed regulations is
useful. I would like the following material to be included in the record.
Our agency expects that each state must include in their State Implementation
plan for national air quality standards, restrictive emission standards for
each and every source based on the latest available control techniques.
In those cases where technology is not adequate to achieve the standards,
consideration must be given to land use and transportation controls.
The proposed changes to State Rule 5 will greatly strengthen the enforcement
of this rule and result in significant reduction in allowable emissions
of particulate matter. Although it is premature to indicate acceptability
of this regulation in terms of achieving national air quality standards,
the requirements of the regulation are generally restrictive and will
require use of the more effective control techniques for most process
industries.
My understanding is that the major process industries that are source of
particulate emissions in Virginia are as follows:
1. Cement, lime and associated mineral industries
2. Pulp and paper
3. Fertilizer and phosphate
4. Coal handling and processing
5. Petroleum and petrochemical
6. Foundry operations
7. Asphalt-batching plants
Specific regulations have been proposed for items 2, 3 and 7. Other
industries are covered by a general process weight rule. We support this
approach as a means to design regulations that more nearly reflect the
latest control techniques. We suggest though, that you proceed with
caution to avoid using this approach as a means of granting unnecessary
exceptions to certain process industries. We believe that the specific
resulations should provide at least comparable stringency as that required
by the general process weight regulation.
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Pulp and Paper
The proposed rule is less restrictive than the regulations developed in
Oregon and Washington for Kraft pulp mills. In our view the standard of
these States can also be improved to be consistent with feasible control
techniques.
Our office has been investigating the status of kraft mill emission
control technology for the purpose of publishing guidelines on limitation
of kraft mill emissions to assist States In development of implementation
plans. Our findings indicate that recovery furnace particulate emissions
can be reduced to 1.3 pounds per ton of air dried pulp by use of
combination electrostatic precipitator-scrubbing systems and this emission
level can be applied to both new and existing installations. Commercially
available high-energy scrubbers can reduce lime kiln particulate emissions
to under 0.2 pounds per ton of air dried pulp. Smelt dissolving tank
and slaker emissions can be reduced to 1.0 pounds per ton of air dried
pulp by application of commercially available scrubbing equipment. We
suggest that consideration be given to adopting stricter standards for
pulp and paper mills and that the same regulations apply to both new
and existing installations.
Cement Operations
We have recently completed a study of the cement industry and suggest
the following regulations be applied to both new arid existing cement
plants.
1. The particulate emissions from the cement kiln shall not
exceed 0.09 pounds per barrel of finished cement (lb/Bbl), the
clinker cooler 0.04 lb/Bbl, the drier 0,03 lb/Bbl, the raw feed
mill 0.02 lb/Bbl, the finish mill 0.02; lb/Bbl, and the coal mill
0.02 lb/Bbl.
2. There shall be no visible emissions from any stack within
the cement plant.
These suggested emission limits are based on commercially demonstrated
technology. Similar specific restrictions or the general process
weight rule should be applied to other mineral-based industries. Our
suggested emission limits for kraft pulp mills contains a standard for
lime kiLns.
Coal Handling and Processing
We do not necessarily endorse a separate rule for these sources. However,
we do have some information about the latest available control devices
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and measured emission rates. High energy venturi scrubbers (20-30 inch
water pressure drop) have been applied to coal driers. Measured emission
rates varied between 0.023 to 0.07 grains per SCF. In all cases the
emissions concentration is below 0.05 gr/SCF when pressure drop exceeds
25 inches of water. For drying operations of this type or for any
process in which raw material is processed or treated, it is recommended
that particulate emissions be based on process weight rate or production
rate. We suggest, therefore, that if a specific rule is contemplated,
that you determine input process weight for coal driers associated with
the recommended emission concentration.
Petroleum and Petrochemical
The major particulate emission source in the petroleum industry is the
fluid catalytic cracker regenerator. This source is capable of meeting
your general process weight table using commercially demonstrated control
devices. If a specific rule is adopted, it should be compatible with
this fact. The enclosed table and chart contains considerable information
that can be used to establish emission rates for catalytic cracking unit
regenerators.
Proposed regulations concerned with asphalt plants, materials handling,
wood products aid fugitive dust sources are well-designed and receive
our support for adoption by the Board.
I wish to thank the Board for the opportunity to present these comments
on behalf of the Air Pollution Control Office of the Environmental
Protection Agency. Please be assured that our agency supports you in
your efforts to improve your regulations and that we will cooperate
fully in our joint efforts to eliminate sources of air pollution.
Sincerely yours,
Robert L. Duprey
Chief, Legislative and Regulations
Section
Technical Support Branch
Division of Control Agency Development
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