Allegheny County, PA Source Emission and Operating Standards

The owner or operator of each source subject to this section shall have, by on or before April 30, 1993, submitted in writing to the Department, for each such source:

A description of the source;

The annual potential uncontrolled emissions of nitrogen oxides and VOC's;

The annual potential emissions of nitrogen oxides and VOC's;

The actual emissions of nitrogen oxides and VOC's for the calendar year 1992; and

A detailed description of the methods used to determine these emissions.

The owner or operator of each source subject to this section shall have, by on or before September 1, 1993, submitted in writing to the Department, for each such source, a proposal for what constitutes reasonably available control technology (RACT) for each such source. Each RACT proposal shall include, at a minimum:

The technical and economic support documentation for such proposal; and

The schedule for implementing such proposal as expeditiously as practicable but by not later than the deadline set forth under Subsection B(3) below.

On and after the deadline set forth in a schedule approved by the Department, but not later than either May 31, 1995, or such other deadline established by the Administrator, whichever is later, no person shall operate, or allow to be operated, any source subject to this section unless there is implemented and operating at such source RACT either as set forth in Subsections d and f of this section or as expressly approved in writing by the Department pursuant to this section.

Following the implementation of the RACT requirements under this section, the owner or operator of a combustion unit with a rated heat input of:

Two hundred fifty million BTU's per hour or greater and subject to § 505-76B of this chapter shall, through the use of a Department-approved continuous emission monitoring system, determine the maximum possible rate of emissions of NO_x from the combustion unit, in pounds per hour, and report such monitoring and determination to the Department, in writing, in a format acceptable to the Department.

Greater than 100 million BTU's per hour and not subject to § 505-76B of this chapter shall, through the use of a Department approved periodic source testing or predictive modeling program or continuous emission monitoring system, determine the maximum possible rate of emissions of NO_x from the combustion unit, in pounds per hour, and report such monitoring and determination to the Department, in writing, in a format acceptable to the Department.

The maximum possible rate of emissions from the monitoring and reporting required under Subsection B(4) above shall consist of the potential emissions after full implementation of all RACT technology and conditions, but not less than actual emissions, and shall constitute the RACT emission limitation for the source which shall immediately be proposed as a federally enforceable permit condition for such source.

Federal approval.

For all proposals under this section, the Department shall submit to the EPA for approval each approved RACT proposal as a proposed revision to Allegheny County's portion of the SIP.

The owner or operator of each source subject to this section shall bear the costs of providing public notice and stenographic transcripts of any public hearings held with respect to the proposal and, upon the request of the Department, shall obtain facilities for such public hearings.

Presumptive RACT requirements for certain NO_x sources. For each source of NO_x emissions subject to this section and specified in this subsection, compliance with the following requirements shall constitute RACT for such source:

For a coal-fired combustion unit with a rated heat input equal to or greater than 100 million BTU's/hour, presumptive RACT shall be the installation and operation of low NO_X burners with separated overfire air.

For a combustion unit with a rated heat input equal to or greater than 20 million BTU's/hour and less than 50 million BTU's/hour presumptive RACT shall be the performance of an annual adjustment or tuneup on the combustion process, to include, at a minimum:

Inspection, adjustment, cleaning, or replacement of fuel-burning equipment, including the burners and moving parts necessary for proper operation as specified by the manufacturer;

Inspection of the flame pattern or characteristics and adjustments necessary to minimize total emissions of NO_x, and to the extent practicable minimize emissions of CO; and

Inspection of the air-to-fuel ratio control system and adjustments necessary to ensure proper calibration and operation as specified by the manufacturer.

For combustion units subject to Subsection D(2) of this section, any person who operates, or allows to be operated, such adjusted equipment shall record each adjustment conducted under the procedures in Subsection D(2) in a permanently bound log book, or other method approved by the Department, which contains, at a minimum:

The date of the adjustment procedure;

The name of the service company and technicians;

The operating rate or load after adjustment;

The CO and NO_x emission rates after adjustment;

The excess oxygen rate after adjustment; and

Other information required by the applicable operating permit.

For oil, gas, or combination oil/gas units, any person who operates, or allows to be operated, such units shall maintain records including a certification from the fuel supplier of the type of fuel and for each shipment of distillate oils number 1 or 2, a certification that the fuel complies with ASTM D396-78, Standard Specifications for Fuel Oils. For residual oils, minimum recordkeeping includes a certification from the fuel supplier of the nitrogen content of the fuel, and identification of the sampling method and sampling protocol.

For oil and gas and combination oil/gas fired units subject to Subsection D(2) of this section, any person who operates, or allows to be operated, such units shall make the annual adjustment in accordance with the EPA document, Combustion Efficiency Optimization Manual for Operators of Oil and Gas-fired Boilers, September 1983, (EPA-340/1-83-023) or equivalent procedures approved in writing by the Department.

For the following source types, presumptive RACT emission limitations are the installation, maintenance, and operation of the source in accordance with manufacturer's specifications:

Boilers and other combustion sources with individual rated gross heat inputs less than 20 million BTU's/hour of operation;

Combustion turbines with individual heat input rates less than 25 million BTU's/hour which are used for natural gas distribution;

Internal combustion engines rated at less than 500 bhp (gross) which are set and maintaining four degrees retarded relative to standard timing;

Incinerators or thermal/catalytic oxidizers used primarily for air pollution control;

Any fuel-burning equipment, gas turbine, or internal combustion engine with an annual capacity factor of less than 5%, or an emergency standby engine operating less than 500 hours in a consecutive twelve-month period;

Sources which have been approved as meeting LAER for NO_x emissions since November 15, 1990, with federally enforceable emission limitations; and

Sources which have been approved as meeting BACT for NO_x emissions since November 15, 1990, with federally enforceable emission limitations, although these sources shall still meet any more stringent category-wide RACT emission limitations promulgated by the EPA or under this chapter.

NO_x RACT emission averaging general requirements.

The owners and operators of NO_x emitting sources subject to this section may submit a written proposal to the Department as part of an application for operating permits to average emissions to meet RACT requirements of this section. Emission averaging which complies with applicable EPA requirements and is approved as a SIP revision, and which meets the criteria in Subsection E(2) of this section and is approved by the Department shall satisfy the requirements of this section. The Department shall approve, deny, or modify each averaging proposal.

The Department shall not approve an emission averaging proposal unless the proposal demonstrates compliance with the following requirements to the Department's satisfaction:

The proposal shall demonstrate that the aggregate emissions achieved through the RACT averaging proposal are less than the sum of emissions that would be achieved by complying with the RACT requirement on a source specific basis.

The averaging proposal shall include a tons per year emission cap and an emission rate such as pounds/million BTU's for each source in the averaging proposal that provide for verification and enforcement of the averaging proposal.

Emission reductions attributed to the shutdown or curtailment of operation of a source may not be included in an averaging proposal.

The proposal shall demonstrate that the ambient air quality impact resulting from implementation of the averaging proposal is less than or equivalent to the impact from each source complying with the RACT requirements in this section individually. The demonstration shall consider the area of emissions impact and the periods of time of emissions impact except as follows:

For emission averaging involving sources located within the same nonattainment area, the demonstration shall only consider the periods of time of emissions impact.

For emission averaging involving sources not located within the same nonattainment area which are located less than 125 miles from another source involved in the averaging proposal, the demonstration shall only consider the periods of time of emissions impact.

The proposal shall provide that each source involved in the averaging proposal shall be required to use continuous emission monitors and record emissions following the requirements of Articles VII and VIII of this chapter. The participating sources are required to establish telemetry links between the sources and to provide real time emission data to all sources affected by the averaging proposal. For an averaging proposal involving sources on contiguous property, the Department may approve alternate requirements provided the proposal demonstrates that the alternate methodologies are credible, workable, replicable, and fully enforceable and accurately quantify emissions from all sources participating in the averaging program.

An averaging proposal shall not be implemented until approved by the EPA as a SIP revision.

Every source involved in the approved averaging proposal is in violation of this chapter when a source subject to the averaging proposal exceeds an emission limitation or averaging requirement established under this section.

Additional emission reductions required under this chapter, the Clean Air Act, the Air Pollution Control Act, or any regulations promulgated under the Clean Air Act or Air Pollution Control Act shall be in addition to and not a substitute for the emission reductions required by the averaging proposal.

Presumptive RACT requirements for certain VOC sources. For each source of VOC emissions subject to this section and specified in this subsection, the installation, maintenance, and operation of the source in accordance with manufacturer's specifications shall constitute RACT for such source:

Sources which have been approved as meeting LAER for VOC emissions since November 15, 1990, with federally enforceable emission limitations; and

Sources which have been approved as meeting BACT for VOC emissions since November 15, 1990, with federally enforceable emission limitations, although these sources shall still meet any more stringent category-wide RACT emission limitations promulgated by the EPA or under this chapter.

Recordkeeping. Any person who operates, or allows to be operated, any source of nitrogen oxides or VOC's subject to this section shall keep records to demonstrate compliance with the requirements of this section.

Such records shall provide sufficient data and calculations to dearly demonstrate that the requirements of this section are met.

Data or information required to determine compliance shall be recorded and maintained in a time frame consistent with the averaging period of the requirement.

The records shall be retained for at least two years and shall be made available to the Department on request.

An owner or operator claiming that a source is exempt from the RACT requirements of this section, based on the source's potential to emit, shall maintain records that dearly demonstrate to the Department that the source is not subject to the requirements of this section.

§ 505-44 VOC sources.

Surface coating processes. This subsection applies to a surface coating process category, regardless of the size of the facility, which emits or has emitted VOCs into the outdoor atmosphere in quantities greater than three pounds (1.4 kilograms) per hour, 15 pounds (7 kilograms) per day or 2.7 tons (2,455 kilograms) per year during any calendar year since January 1, 1987. (1) The limits from Subsection A and Table 2105.10, Number 7, for metal furniture coating, and Number 9, for large appliance coating; no longer apply to the large appliance and metal furniture surface coating process as of January 1, 2011. (2) The limits from Subsection A and Table 2105.10, Number 5, for paper coating no longer apply to the paper, film, and foil surface coating process as of January 1, 2011. (3) The limits from Subsection A and Table § 2105.10, Number 10 for miscellaneous metal parts and products, no longer apply to miscellaneous metal and/or plastic parts surface coating processes as of January 1, 2014. (4) The limits from Subsection A and Table § 2105.10, Number 6 for automobile and light-duty truck coating, no longer apply to automobile and light-duty truck assembly coatings as of January 1, 2014.

[Amended 5-4-2010 by Ord. No. 10-10; 5-22-2013 by Ord. No. 16-13]

No person shall operate, or allow to be operated, any source, for which the EPA has published volatile organic compound emissions Control Techniques Guidelines (CTG's) and for which there is a standard set forth in Table 2105.10 under this section, which has a potential uncontrolled emission rate, or has had a potential uncontrolled emission rate at any time since January 1, 1987, from its surface coating processes of more than three pounds per hour, or 15 pounds per day, or 2.7 tons per year of volatile organic compounds, including emissions from solvents used for clean-up and purging, unless:

For each coating used in such processes:

With an average solvent density of equal to or greater than 7.36 pounds per gallon, the weight of volatile organic compounds per volume of coating (minus water) used is no greater than the weight per volume specified in Table 2105.10 under this section; and

With an average solvent density of less than 7.36 pounds per gallon, the result of the equation in Subsection A(1)(b) below is less than or equal to zero; or

The weight of volatile organic compounds emitted into the open air from such processes is reduced through the use of a vapor recovery system, incineration, or an equivalent compliance technique approved by the Department pursuant to this chapter by the percentage determined by the following equation:

X	=	pounds of VOC per gallon of coating (minus water) for present coating
Y	=	pounds of VOC per gallon of coating (minus water) found in Table 2105.10
Z1	=	density of VOC (in pounds of VOC per gallon of VOC) for present coating
Z2	=	standard solvent density (7.36 pounds per gallon)

Any person who operates, or allows to be operated, any surface coating process for which the EPA has published volatile organic compound emissions control technique guidelines, regardless of the annual emission rate, shall:

Install and operate monitoring devices to continuously measure and record those operating parameters of such process and any control devices determined by the Department to be necessary to determine compliance with this section; and

Keep daily records of the quantity, composition, and density of coating(s) and solvents, including solvents used for clean-up and purging, used in each such process, and of those operating parameters of such processes and control devices determined by the Department to be necessary to determine compliance with this section. Such records shall be retained for two years and shall be made available to the Department upon request for inspection and copying.

Exempt solvents. The solvents methyl chloroform (1,1,1-trichloroethane) and methylene chloride are exempt from control under this section. No surface coating process which seeks to comply with this section through the use of an exempt solvent may be included in any alternative standard approved pursuant to this chapter.

Wood cabinet and furniture coating. No person shall operate, or allow to be operated, any source subject to this section that emits VOC's into the outdoor atmosphere from the application of wood cabinet and furniture coatings unless the coatings are applied using electrostatic, airless, curtain coating, roll coating, hand roller, hand brush, flow coating, dip coating, or high volume-low pressure application equipment. Air atomized sprays may be used to apply other coatings if the volume of the other coatings is less than 5% by volume of the total coating used at the source or to apply final repair coatings.

Miscellaneous metal parts and products. If more than one emission limitation for miscellaneous metal parts and products applies to a specific coating, then the least stringent emission limitation shall apply.

Table 2105.10
Allowable Content of Volatile Organic Compounds in Surface Coatings by Process
Surface Coating Processes		Allowable VOC Content Weight of VOC Per Volume of Coating (Minus Water) (pounds per gallon)
Can coating
(a)	Sheet basecoat	2.84
(b)	Two-piece can exterior	2.84
(c)	Two- and three-piece can interior body spray	4.25
(d)	Two-piece can end exterior	4.25
(e)	Side-seam spray	5.51
(f)	End sealing compound	3.67
	Coil coating	2.60
	Fabric coating	2.92
	Vinyl coating	3.76
	Paper coating	1.92
	Automobile and light duty truck coating
(a)	Prime coat	1.92
(b)	Top coat	2.84
(c)	Repair	4.84
	Metal furniture coating	3.00
	Magnet wire coating	1.67
	Large appliance coating	2.84
	Miscellaneous metal parts and products
(a)	Topcoats for locomotives and heavy-duty trucks	3.50
(b)	Hopper car and tank car interiors	3.50
(c)	Pail and drum interiors	4.30
(d)	Clear coatings	4.30
(e)	Air-dried coatings	3.50
(f)	Extreme performance coatings	3.50
(g)	All other coatings	3.00
	Wood cabinet and furniture finishing
(a)	Clear topcoat	5.9
(b)	Wash coat	6.5
(c)	Final repair coat	6.0
(d)	Opaque ground coats and enamels	5.5
(d)	All other coatings	7.0
(f)	Clear sealers	6.2

Graphic arts systems.

This section applies to sources whose rotogravure and flexographic printing presses in themselves, or in combination with any surface coating operations subject to the provisions of § 505-44A of this chapter (relating to surface coating processes), have a potential uncontrolled emission rate of 1,000 pounds or more per day or 100 tons or more per year of volatile organic compounds, including emissions from solvents used for clean-up and purging. No person shall operate, or allow to be operated, any source to which this section applies, unless one of the following emission limitations is met:

The volatile fraction of the ink, as applied to the substrate, contains 25.0 percent by volume or less of VOC and 75.0 percent by volume or more of water;

The ink, as applied to the substrate, contains 60.0 percent by volume or more of solid material; or

There is in operation a carbon adsorption system, an incinerator system, or an alternative volatile organic compound emission control system which recovers or destroys at least 90% by weight of the volatile organic compounds entering the system.

Any person who seeks to comply with the requirements of this section through the installation and operation of an emission control system as provided by Subsection B(1)(c) above shall operate such emission control system in conjunction with an emission capture system which is designed and operated consistent with good engineering practice and which achieves a contemporaneous, overall reduction in volatile organic compound emissions from each ink/press of at least:

75.0 percent from publication rotogravure processes;

65.0 percent from other rotogravure processes; and,

60.0 percent from flexographic printing processes.

Presses which are used only to check the quality of the image formation of newly etched or engraved printing cylinders are exempted from this section provided the aggregate emissions from the presses do not exceed 400 pounds in any thirty-day running period.

Exempt solvents. The solvents methyl chloroform (1,1,1-trichloroethane) and methylene chloride are exempt from control under this section. No graphic arts process which seeks to comply with this section through the use of an exempt solvent may be included in any alternative standard approved pursuant to this chapter.

Measurements. Measurements of the volatile fraction of inks and of volatile organic compound emissions shall be performed according to the applicable procedures established in § 505-61 of this chapter.

Exempt other. The owner or operator of a flexible package printing press subject to § 505-52.2, Control of VOC emissions from flexible package printing, is no longer subject to all of Subsection B, Graphic arts systems, and shall be subject to all of § 505-52.2, Control of VOC emissions from flexible package printing as of January 1, 2012.

[Added 5-22-2013 by Ord. No. 14-13]

Volatile organic compound storage tanks.

Capacity greater than or equal to 2,000 gallons but less than or equal to 40,000 gallons. No person shall place or store, or allow to be placed or stored, a volatile organic compound having a vapor pressure of 1.5 psia under actual storage conditions in any aboveground stationary storage tank having a capacity equal to or greater than 2,000 gallons but less than or equal to 40,000 gallons, unless there is in operation on such tank pressure relief valves which are set to release at the higher of 0.7 psig of pressure or 0.3 psig of vacuum or at the highest possible pressure and vacuum in accordance with state or local fire codes, National Fire Prevention Association guidelines, or other national consensus standard approved in writing by the Department. Petroleum liquid storage vessels which are used to store produced crude oil and condensate prior to lease custody transfer are exempt from the requirement of this subsection.

Capacity greater than 40,000 gallons.

No person shall place or store, or allow to be placed or stored, a volatile organic compound having a vapor pressure greater than 1.5 psia under actual storage conditions in any stationary tank, reservoir, or other container with a capacity greater than 40,000 gallons, unless such tank, reservoir, or other container is a pressure tank capable of maintaining working pressure sufficient to at all times prevent vapor or gas loss to the atmosphere or is equipped with:

An external or internal floating roof, except that this control equipment shall not be permitted if the volatile organic compounds have a vapor pressure of 11.0 psia or greater under actual storage conditions; or

A vapor recovery and disposal system reducing uncontrolled emissions of volatile organic compounds by at least 90% by weight. Compliance testing shall be done in accordance with the provisions of § 505-61 of this chapter.

This subsection does not apply to petroleum liquid storage tanks used to store waxy, heavy-pour crude oil or to tanks having a capacity less than 420,000 gallons used to store produced crude oil and condensate prior to lease custody transfer.

Requirements for floating roofs. Floating roofs required by Subsection C(2) above shall comply with the following requirements:

External floating roofs shall be fitted with a primary seal and a continuous secondary seal extending from the floating roof to the tank wall (rim-mounted secondary seal). In addition, external floating roofs shall meet all of the following equipment requirements:

All seal closure devices must meet the following requirements:

There shall be no visible holes, tears, or other openings in the seals or seal fabric;

The seals shall be intact and uniformly in place around the circumference of the floating roof between the floating roof and the tank wall; and

For tanks with vapor-mounted primary seals, the accumulated area of gaps exceeding 1/8 inch in width between the secondary seal and the tank wall shall not exceed 1.0 square inches per foot of tank diameter. Compliance with this requirement shall be determined by physically measuring the length and width of all gaps around the entire circumference of the secondary seal in each place where a 1/8-inch uniform diameter probe passes freely (without forcing or binding against the seal) between the seal and tank wall and by summing the area of the individual gaps.

All openings in the external floating roof, except for automatic bleeder vents, rim space vents, and leg sleeves shall be:

Equipped with covers, seals, or lids which are kept in the closed position except when the openings are in actual use; and

Equipped with projections into the tank which remain below the liquid surface at all times.

Automatic bleeder vents shall be closed at all times except when the roof is floated off or landed on the roof leg supports.

Rim vents shall be set to open when the roof is being floated off the leg supports or at the manufacturer's recommended setting.

Emergency roof drains shall be provided with slotted membrane fabric covers or equivalent covers which cover at least 90% of the area of the opening.

Internal floating roofs shall be fitted with a primary seal and shall comply with all of the following equipment requirements:

A closure seal, or seals, to close the space between the roof edge and tank wall shall be used.

There shall be no holes, tears, or other openings in the seal or any seal fabric or materials.

All openings except stub drains shall be equipped with covers, lids, or seals such that:

The cover, lid, or seal is in the closed position at all times except when in actual use;

Automatic bleeder vents are closed at all times except when the roof is floated off or landed on the roof leg supports; and

Rim vents, if provided, are set to open when the roof is being floated off the roof leg supports or at the manufacturer's recommended setting.

For volatile organic compounds whose storage temperature is governed by ambient weather conditions, the vapor pressure under actual storage conditions shall be determined using a temperature which is representative of the average storage temperature for the hottest month of the year in which such storage takes place.

For purposes of this section, existing petroleum liquid storage tanks of the following types are deemed to comply with the equipment requirements of this section. Such tanks shall comply with the inspection and recordkeeping requirements of Subsection C(6) of this section.

Tanks which contain a petroleum liquid with a true vapor pressure less than 4.0 psia and which are of welded construction and which presently possess a metallic-type shoe seal, a liquid-mounted foam seal, a liquid-mounted liquid filled type seal, or other closure device of demonstrated equivalence approved in writing by the Department; and

Tanks which are welded construction, equipped with a metallic-type shoe primary seal and which have a secondary seal from the top of the shoe seal to the tank wall (shoe-mounted secondary seal).

Inspection and recordkeeping. Any person who operates, or allows to be operated, a petroleum liquid storage tank with a floating roof subject to this chapter shall:

Perform routine inspections annually in order to ensure compliance with this chapter, including a visual inspection of the secondary seal gap when inspecting external floating roof tanks;

For external floating roof tanks, measure the secondary seal gap annually in accordance with this chapter when the floating roof is equipped with a vapor-mounted primary seal; and

Maintain records of the types of volatile petroleum liquids stored, the maximum true vapor pressure of the liquid as stored, and the results of the inspections performed pursuant to this section. Copies of such records shall be retained for at least two years and shall be made available to the Department upon request for inspection or copying.

Gasoline loading facilities.

Handling. No person shall handle, or allow to be handled, gasoline in any bulk gasoline terminal, bulk gasoline plant, or other source subject to this section in such manner that it is spilled, discarded in sewers, stored in open containers, or otherwise handled so as to result in uncontrolled evaporation into the open air.

Transfers. No person shall transfer, or allow the transfer of, gasoline between any tank trunk or trailer and any stationary storage tank located in a bulk gasoline terminal or bulk gasoline plant, or any small gasoline storage tank to which Subsection D(5) below applies, unless:

A vapor balance system is in good working order and is designed and operated during the transfer in such manner that.

Gauge pressure does not exceed 18 inches of water and vacuum does not exceed six inches of water in the gasoline tank truck;

Readings do not equal or exceed 100% of the lower explosive limit (LEL, measured as propane) at one inch from all points on the perimeter of a potential leak source when measured by the method referenced in § 505-61 of this chapter during transfer operations; and

There are no avoidable visible liquid leaks during trans operations;

Any truck, vapor balance system, or vapor disposal system, where applicable, that exceeds the limits in Subsection D(2)(a) above is repaired and retested according to the method referenced in § 505-61 of this chapter within 15 days;

There are no visually or audibly detectable leaks in the pressure/vacuum relief valves and hatch covers of the tank truck or the pressure/relief valves and hatch covers of the trailer, the truck tanks or storage tanks, or associated vapor and liquid lines during transfer; and

The pressure and vacuum relief valves on stationary and vehicular tanks are set to release at no less than 0.7 psig of pressure or 0.3 psig of vacuum or the highest allowable pressure and vacuum as specified in state or local fire codes, or the National Fire Prevention Association guidelines or other national consensus standard approved in writing by the Department. Upon demonstration to the Department's written satisfaction by the owner or operator of an underground small gasoline storage tank that the vapor balance system required by subsection e below will achieve a ninety-percent vapor recovery efficiency without a pressure and vacuum relief valve and that an interlock system sufficient to ensure connection of the vapor recovery line prior to transfer of gasoline will be used, no pressure and vacuum relief valve shall be required. The vacuum setting on the pressure and vacuum relief valve on an underground storage tank may be set at the lowest vacuum setting which is sufficient to keep the vent closed at zero pressure and vacuum.

Bulk gasoline terminals.

No person shall load, or allow to be loaded, gasoline from a bulk gasoline terminal into a vehicular tank unless:

There is in operation on the gasoline loading racks a vapor collection and disposal system reducing uncontrolled emissions by at least 90% by weight or emitting no more than 0.0668 pounds of gasoline for every 100 gallons of gasoline loaded;

There is in operation on the gasoline loading racks a loading arm with a vapor collection adaptor and pneumatic, hydraulic or other mechanical means to force a vapor-tight seal between the adaptor and the hatch of the vehicular tank. A means shall also be provided to prevent gasoline drainage from the loading device when it is not connected to the hatch, and to accomplish complete drainage before disconnection. When loading is done by means other than hatches, all loading and vapor lines shall be equipped with fittings which make vapor-tight connections and which are dosed when disconnected; and

Any person who operates, or allows to be operated, a bulk gasoline terminal shall maintain records of daily throughput. Such records shall be retained for not less than two years and shall be made available for inspection and copying by the Department upon request.

Compliance testing shall be done according to the provisions of § 505-61 of this chapter.

Bulk gasoline plants.

No person shall load, or allow to be loaded, gasoline from a bulk gasoline plant stationary tank into a vehicular tank unless such loading is done by means of bottom filling with the inlet flush with the vehicular tank bottom or by means of top-submerged filling with the fill pipe extending to within six inches of the bottom of the vehicular tank throughout the loading operation.

In addition, no person shall load, or allow to be loaded, gasoline into any stationary tank of a bulk gasoline plant, or from any such stationary tank into a vehicular tank, unless:

There is in operation on such stationary tank:

A vapor balance system which emits no more than the amount of emissions permitted by Subsection D(3)(a) of this section; or

A floating roof complying with Subsection C(2)(a) and Subsection C(3) of this section and a vapor recovery and disposal system which emits no more than the amount of emissions permitted by Subsection D(3)(a)[1] of this section; and

Any person who operates, or allows to be operated, a bulk gasoline plant shall maintain records of daily throughput. Such records shall be retained for not less than two years and shall be made available for inspection and copying by the Department upon request.

Small gasoline storage tanks.

No person shall load, or allow to be loaded, gasoline from any vehicular tank into any stationary storage tank having a capacity of 250 gallons or more if installed on or after January 1, 1979, or 2,000 gallons or more if installed before January 1, 1979, which is located in any gasoline handling facility unless there is in operation on such storage tank a vapor balance system which emits no more than the amount of emissions permitted by Subsection D(3)(a) of this section and unless the stationary tank is equipped with a submerged fill pipe extending to within six inches of the bottom of the tank throughout the loading operation.

The dispensing delivery tank shall remain vapor tight at all times except after all vapors have been disposed of in accord with the provisions of this section.

Stationary storage tanks with a capacity less than 550 gallons that are used for agricultural purposes and that are equipped with a submerged fill pipe shall be exempted from the provisions of this subsection.

Gasoline tank trucks. No person shall transfer, or allow the transfer of, gasoline into or from a gasoline tank truck subject to Subsection D(3), (4) or (5) above unless such tank truck:

Has been tested within the prior twelve-month period in accordance with the procedure referenced in § 505-61 of this chapter;

Sustains a pressure change no more than three inches of water in five minutes when pressurized to a gauge pressure of 18 inches of water or evacuated to a gauge pressure of six inches of water during such testing;

Is repaired and retested within 15 days of a test which does not meet the requirements of Subsection D(6)(b) of this subsection; and

Displays a clear marking near the federal Department of Transportation certification plate which shows the most recent date upon which the gasoline tank truck passed the test required by this subsection.

Recordkeeping. Any person who operates, or allows to be operated, a gasoline tank truck subject to the requirements of Subsection f above shall comply with the following recordkeeping requirements:

Records of all tests and repairs shall be maintained in a legible, readily available condition for two years after the date the testing or repair was completed. Such records shall include at a minimum:

The gasoline tank truck serial number and identification of the vapor collection system involved;

The date of testing;

If applicable, the type of repair and the dates of repair and retesting;

For each test or retest, the initial test pressure and the time of the reading, the final test pressure and the time of the reading, the initial test vacuum and the time of the reading, and the final test vacuum and the time of the reading;

At the top of each page, the company name, and the date and location of the tests on the page; and

The name and title of the person conducting the test; and

Copies of all records and reports made pursuant to this Subsection shall be made available to the Department upon request for inspection and copying. A copy of the test results for each gasoline tank truck shall be kept with the truck.

Gasoline dispensing facilities: Stage II control.

[Amended 6-7-2005 by Ord. No. 32-05]

Applicability. This subsection applies to gasoline dispensing facilities with throughputs greater than 10,000 gallons per month. In the case of independent small business marketers of gasoline, as defined in Section 324 of the Clean Air Act [42 U.S.C.A. § 7625(c)], this subsection does not apply if the throughput is less than 50,000 gallons per month.

Requirement for Stage II control. After the date specified in Subsection E(3), an owner or operator of a gasoline dispensing facility subject to this subsection may not transfer or allow the transfer of gasoline into a motor vehicle fuel tank unless the dispensing facility is equipped with a Department-approved and properly operating Stage II vapor recovery or vapor collection system. Unless a higher-percent reduction is required by the EPA under Section 182 of the Clean Air Act (42 U.S.C.A. § 7511a), approval by the Department of a Stage II vapor collection system will be based on a determination that the system will collect at least 95% by weight of the gasoline vapors that are displaced or drawn from a vehicle fuel tank during refueling and the captured vapors are returned to a vapor-tight holding system or vapor control system.

Compliance schedule.

Facilities for which construction was commenced after April 1, 1997, shall achieve compliance at the time of opening of the gasoline dispensing facility.

Facilities which dispense greater than or equal to 120,000 gallons of gasoline per month, based on average monthly sales during calendar years 1995 and 1996, shall have achieved compliance by July 1, 1999.

Facilities which dispense greater than 90,000 gallons per month but less than 120,000 gallons per month, based on average monthly sales during calendar years 1995 and 1996, shall have achieved compliance by December 31, 2000.

Definition. For the purposes of this subsection, the term "construction" includes, but is not limited to, the addition or replacement of one or more underground gasoline storage tanks.

General requirements. Owners or operators, or both, of gasoline dispensing facilities subject to this subsection shall:

Install necessary Stage II vapor collection and control systems, provide necessary maintenance and make modifications necessary to comply with the requirements.

Provide adequate training and written instructions to the operator of the affected gasoline dispensing facility to assure proper operation of the system.

Immediately remove from service and tag any defective nozzle or dispensing system until the defective component is replaced or repaired. A component removed from service may not be returned to service until the defect is corrected. If the Department finds that a defective nozzle or dispensing system is not properly tagged during an inspection, the component may not be returned to service until the defect is corrected and the Department approves its return to service in writing.

Conspicuously post operating instructions for the system in the gasoline dispensing area which, at a minimum, include the following:

A clear description of how to correctly dispense gasoline with the vapor recovery nozzles utilized at the site;

A warning that continued attempts to dispense gasoline after the system indicates that the vehicle fuel tank is full may result in spillage or recirculation of the gasoline into the vapor collection system; and

A telephone number established by the Department for the public to report problems experienced with the system.

Comply with the functional testing and certification requirements specified in EPA’s Stage II Enforcement and Technical Guidance Documents developed under Section 182 of the Clean Air Act to meet the Clean Air Act requirements, conduct Department-approved efficiency tests upon installation, addition, or replacement of one or more underground storage tanks, and conduct compliance tests at intervals thereafter according to the following schedule:

For vapor balance systems, a pressure decay or leak test once every five years, a dynamic back-pressure test once every five years, and a blockage test once every five years; or

For vacuum-assist systems, including Healy systems, a pressure decay or leak test once every 12 months, and an air to liquid volume ratio test once every 12 months; or

For all other systems, tests and a testing schedule as approved by the Department.

Maintain written and electronic records on the premises of the affected gasoline dispensing facility, available for inspection and copying by the Department upon request, of system test results, monthly throughput, type and duration of any failures of the system, maintenance and repair activities, training, and compliance records. The records shall be kept for at least two years, except for efficiency test reports which shall be kept since the most recently required testing date.

Exception. The requirements of this subsection shall not be effective unless such requirements are specifically mandated by controlling federal or state laws or regulations. Any recision of the controlling federal and state laws and regulations mandating these requirements, or the suspension of enforcement of the same, shall result in the immediate suspension of the requirements of this section by the Department.

Degreasing operations.

Cold cleaning degreaser. No person shall operate, or allow to be operated, any cold cleaning degreaser with a degreaser opening exceeding 10 square feet, unless:

There is in operation on such degreaser:

A cover to prevent evaporation of solvent during periods of non-use;

Equipment for draining cleaned parts; and

A permanent conspicuous label summarizing the operating requirements set forth in Subsection F(1)(b) below; and

Such degreaser is operated at all times in such manner that:

Waste solvents are transferred to another party or disposed of by means insuring that no more than 20% by weight of the solvents evaporate into the open air;

Waste solvents are stored in covered containers;

The degreaser cover is dosed when parts are not being processed through the degreaser; and

Cleaned parts are drained for at least 15 seconds or until dripping ceases.

Open top vapor degreaser. No person shall operate, or allow to be operated, any open top vapor degreaser with a degreaser opening exceeding 10 square feet, unless:

Such degreaser has:

A freeboard ratio greater than or equal to 0.75 and, if the degreaser opening is greater than 10 square feet, the degreaser cover is powered;

A refrigerated chiller in operation;

An enclosed design in which the cover or door opens only when the dry part is actually entering or exiting the degreaser; or

A carbon adsorption system in operation:

With ventilation greater than 50 cfm/ft² of air/vapor area when the cover is open; and

Which emits less than 25 ppm of solvent by volume averaged over one complete adsorption cycle; and

There is in operation on such degreaser:

A cover that can be opened and closed easily without disturbing the vapor zone;

A safety switch which shuts off the sump heat if condenser coolant is either not circulating or too warm (condenser flow switch and thermostat);

A safety switch shuts off the spray pump if the vapor level drops more than four inches; and

A permanent conspicuous label summarizing the operating requirements set forth in Subsection F(2)(c) below; and

Such degreaser is operated at all times in such manner that:

The degreaser cover is closed when parts are not being processed through the degreaser;

All parts being degreased are racked to allow full drainage;

Parts being degreased are moved in and out of the degreaser at less than 11 feet per minute;

All pools of solvent on degreased parts are drained before the parts are removed from the degreaser;

All degreased parts are drained within the degreaser for at least 15 seconds or until visually dry;

Porous or absorbent materials, such as cloth, leather, wood or rope, are not degreased;

Parts being degreased do not occupy more than half of the degreaser's open top area;

Spraying is not done above the vapor level;

[9]

Solvent leaks are immediately repaired or the degreaser immediately shut down;

[10]

Waste solvents are transferred to another party or disposed of by a means insuring that no more than 20% by weight of the solvents evaporate into the open air;

[11]

Waste solvents are stored in covered containers;

[12]

Exhaust ventilation does not exceed 65 cfm/ft² of degreaser opening, unless necessary to meet federal Occupational Safety and Health Administration (OSHA) requirements;

[13]

Ventilation fans are not operated near the degreaser opening; and

[14]

Water is not visually detectable in solvent exiting the water separator.

Conveyorized degreasers. No person shall operate, or allow to be operated, any conveyorized degreaser with a degreaser opening exceeding 10 square feet, unless:

There is in operation on such degreaser:

A refrigerator chiller or a carbon adsorption system, with ventilation greater than 50 cfm/ft² of air/vapor area when downtime covers are open and which emits less than 25 parts per million of solvent by volume averaged over one complete adsorption cycle;

A drying tunnel or another means such as a rotating (tumbling) basket sufficient to prevent degreased parts from carrying solvent liquid or vapor out of the degreaser;

A safety switch which shuts off the sump heat if condenser coolant is either not circulating or too warm (condenser flow switch and thermostat);

A safety switch which shuts off the spray pump if the vapor level drops more than four inches;

A safety switch which shuts off the sump heat when the vapor level rises too high (vapor level control thermostat);

Entrances and exits which silhouette the parts to be degreased so that the average clearance between parts and the edge of the degreaser is either less than four inches or less than 10% of the width of the opening;

Covers for dosing off the entrances and exits during shutdown hours; and

A permanent conspicuous label summarizing the operating requirements set forth in Subsection F(3)(b) below; and

Such degreaser is operated at all times in such manner that:

Exhaust ventilation does not exceed 65 cfm/ft² of degreaser opening, unless necessary to meet federal Occupational Safety and Health Administration (OSHA) requirements and work place fans are not used near the degreaser opening;

Carry-out emissions are minimized by racking parts for best drainage and by maintaining vertical conveyor speed at less than 11 feet per minute;

Waste solvents are transferred to another party or disposed of by a means insuring that no more than 20% by weight of the solvents evaporate into the open air;

Waste solvents are stored in covered containers;

Solvent leaks are immediately repaired or the degreaser shut down;

Water is not visually detectable in solvent exiting the water separator; and

Downtime covers are placed over conveyor entrances and exits immediately after the conveyor and exhaust are shut down and immediately before they are started up.

Cutback asphalt paving.

No person may cause, allow, or permit the use or application of cutback asphalt for paving operations except when:

Long-life stockpile is necessary;

Use or application between October 31 and April 30 is necessary;

The cutback asphalt is used solely as a penetrating prime coat, a dust palliative, a tack coat, or a precoating of aggregate; or

Skin patching is necessary during October. Skin patching shall be less than 500 feet continuous length, 1,300 linear feet per mile, and 1,750 square yards per lane mile.

No person shall use or apply emulsion asphalts that contain more than the maximum percentage of solvent shown in Table 2105.16.

Table 2105.16
Emulsion Grade	Type	Maximum Percentage of Solvent
E-1	Rapid Setting	0
E-2	Rapid Setting (Anionic)	0
E-3	Rapid Setting (Cationic)	3%
E-4	Medium Setting	12%
E-5	Medium Setting	12%
E-6	Slow Setting (Soft Residue)	0
E-8	Slow Setting (Hard Residue)	0
E-10	Medium Setting (High Float)	7%
E-11	High Float	7%
E-12	Medium Setting (Cationic)	8%

Ethylene production processes. No person shall operate, or allow the operation of, any ethylene production process, unless all waste gas streams are properly incinerated at no less than 1,300° F (700° C) for at least 0.3 second and the gases from all vapor blowdown systems are burned by smokeless flares.

Dry-cleaning facilities.

Perchloroethylene dry-cleaning facilities.

Emissions of perchloroethylene from any dry-cleaning facility shall be vented through a properly functioning condenser or carbon adsorption system.

In addition, such dry-cleaning facilities shall comply with the following:

Diatomaceous earth filters shall be cooked or otherwise treated so that the residue contains no more than 25% by weight of volatile organic compounds;

Wet waste material from all solvents stills shall be reduced to no more than 60% by weight of volatile organic compounds;

All filtration cartridges shall be drained in the filter housing for a minimum of 24 hours before being discarded; and

Any component, including hose connections, valves, machine door gaskets, pumps, storage containers, water separators, filter sludge recovery units, distillation units, cartridge filters, and lint depositories found to be leaking volatile organic compounds shall be replaced or repaired within 24 hours of discovery of the leak.

Measurements. Measurements relating to this section shall be performed according to the applicable procedures established by § 505-61 of this chapter.

Petroleum solvent dry-cleaning facilities. This Subsection applies to all petroleum solvent dry-cleaning facilities, as defined in § 505-13 of this chapter, that consume 100 gallons or more of petroleum solvent on a daily basis.

Any person who operates, or allows to be operated, any petroleum solvent dry cleaning dryer subject to this section shall at all times limit daily VOC emissions to the atmosphere to an average of 3.5 pounds of VOC's per 100 pounds' dry weight of articles dry cleaned; or shall install, maintain, and operate a solvent recovery dryer in a manner such that the dryer remains dosed and the recovery phase continues until a final recovered solvent flow rate of no more than 50 milliliters per minute is attained and maintained.

Any person who operates, or allows to be operated, any petroleum solvent filtration system subject to this section shall at all times reduce the VOC content in all filtration wastes to one pound or less per 100 pounds dry weight of Part 1 dry cleaned, before disposal and possible exposure to the atmosphere; or shall install, maintain, and operate a cartridge filtration system, and drain the filter cartridges in their sealed housings for eight hours or more before their removal.

Any person who operates, or allows to be operated, any petroleum solvent dry-cleaning facility subject to this section shall repair all petroleum solvent vapor and liquid leaks within three working days after identifying the sources of the leaks. If necessary repair parts are not in hand, such parts shall be ordered within three working days, and repair the leaks no later than three working days following the arrival of the necessary parts.

Any person who operates, or allows to be operated, any petroleum solvent dry-cleaning facility subject to this section shall install, maintain, and operate equipment consistent with manufacturer's specifications and recommendations in order to minimize VOC emissions. In addition, all fugitive VOC emissions from the storage, handling, and transfer of petroleum solvent and petroleum solvent containing materials shall be minimized through employment of appropriate operating practice or procedures to reduce solvent loss and evaporation to the atmosphere.

Any person who operates, or allows to be operated, any affected petroleum solvent dry-cleaning facility shall demonstrate compliance as follows:

For any dryer:

Calculate, record, and report to the Department the weight of VOC's vented from the dryer emission control device calculated by using the appropriate method under § 505-61 of this chapter;

Calculate, record, and report to the Department the dry weight of articles dry cleaned; and

Repeat Subsection I(2)(e)[1][a] and [b] above for normal operating conditions that encompass at least 30 dryer loads, which total not less than 4,000 pounds' dry weight, and represent a normal range of variations in fabric, solvents, load weights, temperatures, flow rates, and process deviations;

When a solvent recovery dryer is used, verify that the flow rate of recovered solvent from the solvent recovery dryer at the termination of the recovery phase is no greater than 50 milliliters per minute. This one-time procedure shall be conducted for a duration of no less than two weeks during which no less than 50% of the dryer loads shall be monitored for their final recovered solvent rate. The flow rate of recovered solvent shall be measured from the solvent-water separator unless otherwise approved in writing by the Department. Near the end of the recovery cycle, the flow of recovered solvent shall be diverted to a graduated cylinder. The cycle shall continue until the maximum flow of solvent is no more than 50 milliliters per minute. The dry weight and type of Part 1 cleaned and the total length of the cycle shall be recorded and reported to the Department; and

Where employing a petroleum solvent filtration system, but not employing cartridge filters:

Calculate, record, and report to the Department the weight of VOC's contained in each of at least five three-pound samples of filtration waste material taken at intervals of at least one week by employing the appropriate method under § 505-61 of this chapter;

Calculate, record, and report to the Department the total dry weight of articles dry cleaned during the intervals between removal of filtration waste samples, as well as the total mass of filtration waste produced in the same period; and

Calculate, record, and report to the Department the weight of VOC's contained in filtration waste material per 100 pounds' dry weight of articles dry cleaned.

Inspection and maintenance.

Any person who operates, or allows to be operated, any affected petroleum solvent dry leaning facility shall submit for approval to the Department an inspection and maintenance protocol including daily inspections of washers, dryers, solvent filters, settling tanks, vacuum stills, and all containers and conveyors of petroleum solvent to identify perceptible vapor or liquid leaks. A daily log shall be maintained to record the inspection and maintenance activities conducted under the approved protocol. The log shall be prepared and maintained in a format to be approved by the Department as part of the approved protocol.

Dry cleaning system components found leaking liquid solvent shall be repaired immediately. Pipes, hoses, and fittings shall be examined for active dripping or dampness. Pumps and filters shall be closely inspected for leaks around seals and access covers. There shall be no visible signs of liquid solvent.

Solvent vapor leaks shall be controlled by reducing the number of sources where solvent is exposed to the atmosphere. Under no circumstances shall there be any open containers (cans, buckets, barrels) of solvent or solvent-containing material. Equipment containing solvent (washers, dryers, extractors, and filters) shall remain closed at all times other than during maintenance or load transfer. Lint filter and button trap covers shall remain closed except when solvent-laden lint and debris are removed. Gaskets and seals should be inspected and replaced when found weak and defective. Solvent-laden clothes shall never be allowed to set exposed to the atmosphere for longer periods than are necessary for load transfers. Vents on solvent-containing waste and new solvent storage tanks shall be constructed and maintained in a manner that minimizes solvent vapor emissions.

Any person who operates, or allows to be operated, any affected petroleum solvent dry-cleaning facility shall install, operate, and maintain equipment consistent with manufacturer's specifications and recommendations.

Any person who operates, or allows to be operated, any affected petroleum solvent dry-cleaning facility shall maintain copies of all manufacturer's specifications and recommendations for dry cleaning equipment operated at the facility and records of operations, inspections, and maintenance such that the Department can determine compliance. These records shall be retained at the facility for a period of at least two years, shall be made available to the Department for inspection and copying upon request, and shall, at a minimum, include:

Information on purchases, inventory, and daily consumption of petroleum solvents;

Operational information on washers, dryers, and solvent filtration systems, including daily hours of operation, cycle times, and dry weight of articles cleaned; and

Information on leak inspections and repairs for all equipment and components handling petroleum solvents.

Any person who operates, or allows to be operated, any affected petroleum solvent dry-cleaning facility shall submit reports to the Department summarizing information on daily operations, inspections, and maintenance activities, and such other information as is required by the Department to determine compliance, on a schedule and in a form and manner as is prescribed by the Department.

Synthetic organic chemical and polymer manufacturing - fugitive sources.

This section applies to sources with synthetic organic chemical and polymer manufacturing sources, other than equipment exempt under Subsection I(2) below, having a design capacity to manufacture a total of 4,000 tons per year or more of any one or a combination of the following:

Synthetic organic chemicals listed in 40 CFR 60.489, as amended;

Methyl tert-butyl ether (MTBE);

Polyethylene;

Polypropylene; and

Polystyrene.

This subsection shall not apply to:

Equipment operated entirely under a vacuum;

Equipment processing only fluids containing less than 10% by weight of volatile organic compounds; nor

Equipment processing only fluids having a vapor pressure of less than 0.044 pound per square inch absolute under standard conditions.

Any person who operates, or allows to be operated, a source subject to this section shall, as a condition to any installation permit for such source:

Install a second valve, blind flange, plug, cap, or other equivalent sealing system on all open ended lines, except those equipped with safety pressure relief valves; and

Develop and initiate a leak detection and repair program for all pumps, values, compressors, and safety pressure relief valves collectively referred to as components. The leak detection and repair program shall include, at a minimum, the following:

Attachment of an identification tag to or placement of any other permanent identification marking on each component. The identification shall be waterproof, be readily visible, and bear an identification number;

A leak check every three months of all components and at any time of any component with a leak that is detected by sight, sound, or smell, by methods referenced in § 505-61 of this chapter;

Attachment of a leak detection tag to each leaking component having a volatile organic compound leak equal to or greater than 10,000 ppm. The leak detection tag shall be waterproof, be readily visible, be a color that contrasts with the permanent identification, bear a leak detection number and the date on which the leak was detected, and indicate if the component cannot be repaired until a process shutdown and a shutdown is not scheduled to occur within 15 days from the date of detection. The leak detection tag shall not be removed from the component until the component has been repaired and retested, and the test indicates that the component does not have a volatile organic compound leak equal to or greater than 10,000 ppm;

Repair and retest of each leaking component within 15 days of detection or as soon as possible if a shutdown is required to make the repair;

A leak check of each safety/relief valve within 24 hours after such valve has been vented to the atmosphere, by methods referenced in § 505-61 of this chapter; and

Initiation and maintenance of a log of all components subject to leak inspection and maintenance.

The log shall contain, at a minimum, the following:

The identification number of each component;

The date on which each component was checked;

The total number of components checked;

[iv]

The identification and leak detection number of each component found leaking;

[v]

The location of each leaking component;

[vi]

The type of each leaking component (for example: valve, seal, etc.);

[vii]

The date on which each leaking component was discovered to be leaking;

[viii]

The date of each repair;

[ix]

The total number of components found leaking;

[x]

The leak detection instrument readings before and after each repair;

[xi]

Each component that can not be repaired until a process shutdown that will not occur within 15 days of detection; and

[xii]

A record of the calibration of the leak detection monitoring instrument.

The monitoring log shall be retained for two years after the date on which any leak check was made. The log shall be made available to the Department for inspection and copying at anytime upon oral or written request.

Any person who operates, or allows to be operated, a source subject to this section may submit to the Department for approval an alternative plan for the control of leaks from components, including a plan with less frequent testing based on superior past performance. The Department shall approve any plan that is equivalent to or better than the requirements of this section in terms of leak control efficiency and enforceability. A plan approved by the Department under this subsection shall not be effective until it is either approved by the EPA as a revision to the County's portion of the applicable SIP or becomes a part of a federally enforceable permit or order, whichever is first.

Any person who operates, or allows to be operated, a source subject to this section may submit to the Department for approval a list of components the inspection of which would involve a significant element of danger. The Department shall exempt the components on the list from the requirements of this section if such person can demonstrate to the satisfaction of the Department that a significant element of danger exists which cannot be reasonably eliminated, and that the exemptions will not result in a significant reduction of the volatile organic compound emission control effectiveness.

§ 505-45 Slag, coke, and miscellaneous sulfur sources.

Slag quenching. No person shall operate, or allow to be operated, any slag handling operation, unless such person takes all reasonable actions and applies BACT to prevent and minimize the emission of hydrogen sulfide and other air contaminants from slag quenching. The Department may, by order or permit condition, require the implementation of such actions as:

For granulated slag facilities:

The rapid quenching of molten slag with a jet stream of water so as to suppress the formation of hydrogen sulfide; and/or

The frequent removal of slag from slag pits to avoid its accumulation above the water surface.

For hard slag facilities:

Pouring practices that achieve the thinnest uniform slag layers practicable;

Pit filling schedules that maximize the air cooling time between subsequent slag pours over a given surface and the air cooling time prior to the quenching of slag with water;

Systems for distributing quench water uniformly over the slag surface at rates sufficiently high to minimize or prevent the evolution of hydrogen sulfide;

Excavation of slag pits in such a way as to achieve the maximum practicable volume and/or surface area; and/or

Modifications to the size and/or geometry of slag pits or facilities.

For hard slag ladle pits which began operation after September 7, 1977, at least BACT shall be utilized and not more than 2,300 tons of molten slag per acre of the new hard slag ladle pit shall be poured per day; provided, however, that upon demonstration to the satisfaction of the Department that the use of an alternative control technique will result in the emission of air contaminants less than or equal to that emitted by the use of the maximum daily pouring rate, the Department may permit the utilization of such control technique in lieu of the maximum daily pouring rate.

Coke ovens and coke oven gas.

Charging. No person shall operate, or allow to be operated:

Any battery of coke ovens installed, replaced, or reconstructed, or at which a major modification was made on or after January 1, 1978, in such manner that the aggregate of visible charging emissions exceeds a total of 55 seconds during any five consecutive charges on such battery; or

Any other battery of coke ovens in such manner that the aggregate of visible charging emissions exceeds a total of 75 seconds during any four consecutive charges on such battery.

Door areas. No person shall operate, or allow to be operated, any battery of coke ovens in such manner that:

For any batteries installed, replaced, or reconstructed, or at which a major modification was made on or after January 1, 1978, at any time, there are visible emissions from more than 5% of the door areas of the operating coke ovens in such battery, excluding the two door areas of the last oven charged and any door areas obstructed from view;

For any other batteries, other than those subject to Subsection B(2)(c) of this section, at any time, there are visible emissions from more than 10% of the door areas of the operating coke ovens in such battery, excluding the two door areas of the last oven charged and any door areas obstructed from view;

For any of the following batteries, at any time, there are visible emissions from more than 8% of the door areas of the operating coke ovens in such battery, excluding the two door areas of the last oven charged and any door areas obstructed from view:

	Specific Coke Oven Batteries
	Source Name	Location
	Coke Battery #1	USX Corp. Clairton, PA
	Coke Battery #2	USX Corp. Clairton, PA
	Coke Battery #3	USX Corp. Clairton, PA
	Coke Battery #7	USX Corp. Clairton, PA
	Coke Battery #8	USX Corp. Clairton, PA
	Coke Battery #9	USX Corp. Clairton, PA
	Coke Battery #19	USX Corp. Clairton, PA ; or

Emissions from the door areas of any coke oven exceed an opacity of 40% at any time 15 or more minutes after such oven has been charged.

Unless for any of the following batteries at the USX Clairton Coke Works, Clairton, Pennsylvania, there is installed big plug doors on the coke side of each oven by January 1, 2000. Any replacement doors on theses batteries, replaced after January 1, 2000, will also be big plug doors. A big plug door is a door that, when installed, contains a plug with minimum dimensions as listed below:

[Amended 8-15-1997]

Specific Coke Oven Batteries
Source Name	Minimum Width (inches)	Minimum Depth (inches)
Coke Battery #1	18 1/4	14 1/2
Coke Battery #2	18 1/4	14 1/2
Coke Battery #3	18 1/4	14 1/2
Coke Battery #7	17	16 3/16
Coke Battery #8	17	16 3/16
Coke Battery #9	17	16 3/16
Coke Battery #19	17	16 1/4
Coke Battery #20	17	16 1/4

Charging ports. No person shall operate, or allow to be operated:

Any battery of coke ovens installed, replaced, or reconstructed, or at which a major modification was made on or after January 1, 1978, in such manner that, at any time, there are visible emissions from more than 1% of the charging ports or charging port seals on the operating coke ovens of such battery; or

Any other battery of coke ovens in such manner that, at any time, there are visible emissions from more than 2% of the charging ports or charging port seals on the operating coke ovens of such battery.

Offtake piping. No person shall operate, or allow to be operated:

Any battery of coke ovens installed, replaced, or reconstructed, or at which a major modification was made on or after January 1, 1978, in such manner that, at any time, there are visible emissions from more than 4% of the offtake piping on the operating coke ovens of such battery; or

Any other battery of coke ovens in such manner that, at any time, there are visible emissions from more than 5% of the offtake piping on the operating coke ovens of such battery.

Pushing. No person shall operate, or allow to be operated, any battery of coke ovens unless there is installed on such battery a pushing emission control device which is designed to reduce fugitive emissions from pushing to the minimum attainable through the use of BACT, nor shall any person operate, or allow to be operated any battery of coke ovens in such manner that:

[Amended 8-15-1997]

At any time, the particulate mass emission rate from the pushing emission control device, for any battery other than those subject to Subsection B(5)(b) or (c) of this section, exceeds a rate determined by an outlet concentration of 0.020 grain per dry standard cubic foot, or the rate determined by the following formula, whichever is greater:

A = 0.76W^0.42	where
		A	=	allowable mass emission rate in pounds per hour per battery, and
		W	=	actual coke pushing rate in tons of coke per hour per battery

At any time, the particulate mass emission rate from the pushing emission control device, for any of the following batteries, exceeds a rate determined by an outlet concentration of 0.010 grain per dry standard cubic foot:

	Specific Coke Oven Batteries
	Source Name	Location
	Coke Battery #1	USX Corp. Clairton, PA
	Coke Battery #2	USX Corp. Clairton, PA
	Coke Battery #3	USX Corp. Clairton, PA
	Coke Battery #7	USX Corp. Clairton, PA
	Coke Battery #8	USX Corp. Clairton, PA
	Coke Battery #9	USX Corp. Clairton, PA
	Coke Battery # 19	USX Corp. Clairton, PA
	Coke Battery #1	Shenango Inc. Neville PA

	Specific Coke Oven Batteries
	Source Name	Location
	Coke Battery #13	USX Corp. Clairton, PA
	Coke Battery #14	USX Corp. Clairton, PA
	Coke Battery #15	USX Corp. Clairton, PA
	Coke Battery #20	USX Corp. Clairton, PA
	Coke Battery B	USX Corp. Clairton, PA

Fugitive pushing emissions or emissions from the pushing emission control device outlet equal or exceed an opacity of 20% at any time, except if the Department determines in writing, upon written application from the person responsible for the coke ovens setting forth all information needed to make such determination, that such emissions are of only minor significance with respect to causing air pollution and do not prevent or interfere with the attainment or maintenance of any ambient air quality standard (any such determination shall be submitted as a proposed revision to Allegheny County's portion of the SIP);

Visible emissions from the transport of hot coke in the open atmosphere exceed 10% opacity at any time; or

For any of the following batteries, at any time, the hot coke fails to be held under the hood of the pushing emission control (PEC) device for at least 67 seconds immediately after the pusher ram begins to move and the damper to the PEC device is opened or for at least 15 seconds immediately following the fall of the last of the coke into the hot car, whichever is longer; except that this subsection shall only be effective during the period from 30 days following the issuance of a written notice by the Department to the owner or operator of such battery that EPA has required the implementation of the contingency measures under the portion of the PM-10 SIP for the Liberty Borough/Clairton area, until issuance of a written notice by the Department that such measures are no longer required.

[Amended 5-4-2010 by Ord. No. 11-10; 11-5-2014 by Ord. No. 17-14]

Specific Coke Oven Batteries
Source Name	Location
Coke Battery #1	USX Corp. Clairton, PA
Coke Battery #2	USX Corp. Clairton, PA
Coke Battery #3	USX Corp. Clairton, PA
Coke Battery #7	USX Corp. Clairton, PA
Coke Battery #8	USX Corp. Clairton, PA
Coke Battery #9	USX Corp. Clairton, PA
Coke Battery #13	USX Corp. Clairton, PA
Coke Battery #14	USX Corp. Clairton, PA
Coke Battery #15	USX Corp. Clairton, PA
Coke Battery #19	USX Corp. Clairton, PA
Coke Battery #20	USX Corp. Clairton, PA

Combustion stacks.

No person shall operate, or allow to be operated, any battery of coke ovens in such manner that, at any time, emissions from the combustion stack serving such battery:

For any battery of coke ovens installed, replaced, or reconstructed, or at which a major modification was made on or after January 1, 1978, exceed a particulate concentration of 0.015 grain per dry standard cubic foot;

For any battery other than those subject to Paragraph f. 1 of this section, exceed a particulate concentration of 0.030 grain per dry standard cubic foot;

Equal or exceed an opacity of 20% for a period or periods aggregating in excess of three minutes in any sixty-minute period; or

Equal or exceed an opacity of 60% at any time.

Measurements of opacity shall be performed according to the methods for visible emissions established by § 505-68 of this article.

[Added 2-6-2007 by Ord. No. 4-07[1]]

Editor's Note: This amendment was initially adopted by the County Health Department 11-1-2006.

Quenching. No person shall quench, or allow the quenching of, coke unless the emissions from such quenching are vented through a baffled quench tower and the water used for such quenching is equivalent to, or better than, the water quality standards established for the nearest stream or river by regulations promulgated by the DEP under the Pennsylvania Clean Streams Law, Act of June 22, 1937, PL. 1987, as amended, 35 P.S. 691.1 et seq., except that water from the nearest stream or river may be used for the quenching of coke. The nearest stream or river to the USX Corporation facility in Clairton, PA, shall be the Monongahela River.

Coke oven gas. Except as provided for in this section, no person shall operate, or allow to be operated, any source in such manner that unburned coke oven gas is emitted into the open air. In addition, no person shall flare, mix, or combust coke oven gas, or allow such gas to be flared, mixed, or combusted, unless the concentration of sulfur compounds, measured as hydrogen sulfide, in such gas is less than or equal to the following concentrations. The concentration of sulfur compounds specified by this subsection shall include tailgas sulfur, measured as hydrogen sulfide, emitted from sulfur removal equipment.

[Amended 8-15-1997]

Where the rated production capacity of the coke plant producing such gas is less than 70 million standard cubic feet of coke oven gas per day, a concentration of 70 grains per hundred dry standard cubic feet of coke oven gas or the concentration determined by the following formula, whichever is less:

A =156E^-0.27	where	A	=	allowable hydrogen sulfide content in grains per hundred dry standard cubic feet of coke oven gas, and
		E	=	maximum coke oven gas production rate in millions of cubic feet per day

For all coke batteries installed, replaced, or reconstructed, or at which a major modification was made on or after January 1, 1978, where the rated production capacity of the coke plant producing such gas is equal to or more than 70 mullion standard cubic feet of coke oven gas per day, other than those subject to Subsection B(8)(c) of this section, a concentration of 10 grains per 100 dry cubic feet of coke oven gas;

For the following battery, on and before December 31, 1996, a concentration of 45 grains per 100 dry cubic feet of coke oven gas, and after December 31, 1996, a concentration of 34 grains per 100 dry cubic feet of coke oven gas:

	Specific Coke Oven Batteries
	Source Name	Location
	Coke Battery #1	Shenango Inc. Neville PA

The standard set forth in Subsection B(8)(b) of this section for the following coke oven batteries designated 13, 14, 15, 20, and B at the USX Corporation Clairton Works shall be deemed satisfied for such batteries if the coke oven gas from the following batteries and treated by the Clairton Works coke oven gas desulfurization system in existence as of June 24,1993, has a sulfur compound concentration, measured as H₂S, of no greater than 40 grains per 100 dry standard cubic feet of coke oven gas produced by the Clairton Works, when all sulfur emissions from its Claus Sulfur Recovery Plant and the tail gas cleaning equipment thereon, expressed as equivalent H₂S, are added to the measured H₂S.

	Specific Coke Oven Batteries
	Source Name	Location
	Coke Battery #1	USX Corp. Clairton, PA
	Coke Battery #2	USX Corp. Clairton, PA
	Coke Battery #3	USX Corp. Clairton, PA
	Coke Battery #7	USX Corp. Clairton, PA
	Coke Battery #8	USX Corp. Clairton, PA
	Coke Battery #9	USX Corp. Clairton, PA
	Coke Battery #13	USX Corp. Clairton, PA
	Coke Battery #14	USX Corp. Clairton, PA
	Coke Battery #15	USX Corp. Clairton, PA
	Coke Battery #19	USX Corp. Clairton, PA
	Coke Battery #20	USX Corp. Clairton, PA
	Coke Battery B	USX Corp. Clairton, PA

For all other coke batteries, where the rated production capacity of the coke plant producing such gas is equal to or more than 70 million standard cubic feet of coke oven gas per day, other than those subject to Subsection B(8)(b) or (c) of this section, a concentration of 50 grains per 100 dry cubic feet of coke oven gas.

Soaking. At no time shall soaking emissions from a standpipe cap opening exceed twenty-percent opacity. An exclusion from this opacity limit shall be allowed for two minutes after a standpipe cap is opened. Compliance with this standard shall be determined through observing the standpipe from a position where the observer can note the time the oven is dampered off and, following the two-minute exclusion, read the soaking emissions from the open standpipe in accordance with Method 9.

[Added 8-27-2013 by Ord. No. 21-13]

Miscellaneous sulfur-emitting processes.

Silicon carbide manufacturing. No person shall operate, or allow to be operated, any silicon carbide manufacturing process unless there is in operation on such process air pollution control equipment which reduces uncontrolled emissions of sulfur oxides, expressed as sulfur dioxide, by at least:

Eighty-five percent, if such process uses coke with a sulfur content of 2% by weight; or

A control efficiency which achieves equivalent emissions per ton of product to Subsection C(1)(a) above, if such process uses coke with a sulfur content other than 2% by weight

Measurements. To determine compliance with Subsection C(1) above, measurements of sulfur oxide emissions and measurements of the sulfur content of coke shall be performed according to the applicable procedures established by § 505-61 of this chapter.

§ 505-46 Incineration and combustion sources.

Incinerators.

Prohibition of single-chamber incinerators. No person shall operate, or allow to be operated, any single-chamber incinerator, except a sewage sludge incinerator complying with the particulate matter and malodor emissions standards of §§ 505-31 and 505-33 of this chapter and with Subsection A(4) and (5) below.

Afterburning. All incinerators shall have an afterburning residence time of at least 0.50 second at a temperature of at least 1,400° F for putrescible and nonchemical refuse or a temperature of at least 250° F above the auto-ignition temperature of any chemical refuse. Incinerators on which construction commenced prior to February 28, 1977, and which do not comply with the requirements of the previous sentence may operate only if:

An operating permit is issued for such incinerator;

Only Type "O" waste is burned in such incinerator;

The incinerator complies with the malodor emissions standards of § 505-33 of this chapter; and

The incinerator complies with Subsection A(3), (4) and (6) below.

Domestic refuse-burning equipment. No person shall operate, or allow to be operated, any domestic refuse-burning equipment having a rated capacity of less than five tons per hour, except between the hours of 10:00 a.m. and 4:00 p.m.

Visible emissions. No person shall operate, or allow to be operated, any incinerator in such manner that the opacity of visible emissions from such incinerator, excluding uncombined water, equal or exceed an opacity of 20% at any time.

Particulate matter. No person shall operate, or allow to be operated, any incinerator in such manner that emissions of particulate matter from such incinerator exceed the following rates at any time. Linear interpolation shall be applied to determine the allowable emissions for charge rates other than those specified below.

For incinerators with an actual charging rate less than four tons per hour, the rate of 0.1250 pound per 100 pounds per hour of actual charge rate; or

For incinerators with an actual charging rate of four tons per hour or greater, the rate specified below:

	Actual Charge Rate in Tons Per Hour	Allowable Emissions in Pounds Per Hour
	4	10
	8	15
	12	20
	18	27
	24	33
	32	40
	40	48

Federal requirements.

All solid waste combustion emissions and operating standards and operator training programs promulgated or developed by the Administrator under Sections 111 and 129 of the Clean Air Act are hereby incorporated by reference into this chapter. Additions, revisions, or deletions to the standards and programs adopted by the Administrator are incorporated into this chapter and are effective on the date established by the federal standards and programs, unless otherwise established by regulation under this chapter.

No person shall operate, or allow to be operated, any incinerator in such manner as to violate any of the applicable provisions of Subsection A(6)(a) of this subsection.

Measurements. Measurements of afterburner temperatures, particulate emissions, and visible emissions shall be conducted according to the procedures set forth in Article VII of this chapter.

Waste-derived liquid fuel.

Fuel specifications. Specification fuel shall comply with the following fuel specifications, and all specifications in this Subsection that are defined in parts per million or percentage are by weight:

For all equipment subject to this section:

	Arsenic	5 ppm maximum
	Cadmium	2 ppm maximum
	Chromium	10 ppm maximum
	Lead	100 ppm maximum
	PCB's	5 ppm maximum
	Ash	0.3% maximum
	Bottom Sediment and Water	2.0% maximum
	Flash Point	100° F. minimum

except:

The minimum flash point specification does not apply to waste-derived liquid fuels that are both generated and burned at the same location; and

The maximum allowed ash content is 1.2% for fuel-burning or combustion space heaters with a rated heat input of 500,000 BTU's per hour or less.

For equipment subject to Subsection B(2)(f)[1] of this section:

	Total Halogens	1,000 ppm maximum
	Heat of Combustion	18,000 BTU/lb. minimum

For equipment subject to Subsection B(2)(f)[2] of this section:

	Total Halogens	1,000 ppm maximum
	Heat of Combustion	8,000 BTU/lb. minimum

For equipment subject to Subsection B(2)(f)[3][b] of this section:

	Total Halogens	4,000 ppm maximum
	Heat of Combustion	8,000 BTU/lb. minimum

General. Except as provided for in Subsection B(3) of this section, no person shall bum or allow to be burned waste-derived liquid fuel in any fuel-burning or combustion equipment, process equipment, or incinerator, regardless of size or rated capacity and irrespective of exceptions listed in Article II or III of this chapter, unless:

An installation permit is issued for such fuel-burning or combustion equipment, process equipment, or incinerator;

An operating permit expressly permits the burning of waste-derived liquid fuel pursuant to this section is issued for such fuel-burning or combustion equipment, process equipment, or incinerator;

Only specification fuel under Subsection B(1) of this section is burned or allowed to be burned in such equipment;

The exhaust stream from the equipment is vented to a stack with a height that is adequate to ensure that the emissions from the stack do not result in excessive ambient air concentrations of any air pollutant as a result of such things as, but not limited to, atmospheric downwash, wakes or eddy effects created by the source itself, nearby structures, or nearby terrain features;

A representative sample of the fuel being used, is taken and analyzed pursuant to § 505-69A of this chapter, and a written report of the results of the analysis is submitted to the Department as part of the application for any installation permit required by this section, as part of the operating permit application, and every 12 months after approval of the initial operating permit; and

Size of equipment.

For small equipment: The equipment has a direct emission reduction of at least 99.0 percent to be determined in accordance with § 505-69B of this chapter.

For large equipment: The equipment has a direct emission reduction of at least 99.9% to be determined in accordance with § 505-69B of this chapter.

For industrial boilers, utility boilers, or industrial furnaces or processes with a rated heat input of 5,000,000 BTU's per hour or greater:

The equipment complies with Subsection B(2)(f)[2] of this subsection; or

In order to invoke Subsection B(1)(d) of this section:

The equipment has a direct emission reduction of at least:

[A]

99.9% to be determined in accordance with § 505-69B(2)(a) or (b) of this chapter; or

[B]

99.5% to be determined in accordance with § 505-69B(1) of this chapter;

A diffusion modeling analysis of the ambient air quality impact of the emissions related to the burning of halogenated compounds under worst case conditions (both operating and meteorological) is conducted using a model acceptable to the Department, and a report of the analysis to the Department is submitted as a part of the application for any installation permit required by this section and as part of the initial operating permit application; and

The diffusion modeling analysis indicates, to the Department's satisfaction that the emissions from the waste-derived liquid fuel-burning source will not result in excessive concentrations of any air pollutant.

The analysis of the representative samples of waste-derived liquid fuel required by the section shall be conducted using the methods specified in § 505-69.

Exemption. Any waste-derived liquid fuel may be burned in any fuel-burning or combustion equipment, process equipment or incinerator with a rated heat input of 5,000,000,000 BTU's per hour or greater but only if:

The owner or operator of the equipment has been issued current operating permits by the Department for that equipment;

The rate at which waste-derived liquid fuel is being burned by the equipment at any time does not exceed 0.25 percent by weight of the rate at which the total amount of fuel is being burned by that equipment at that time;

No waste-derived liquid fuel is burned during the start-up or shutdown of the equipment; and

The owner or operator submits a report to the Department every 12 months that includes:

The dates and times of the burning of all waste-derived liquid fuels in the last 12 months;

A general description of all waste-derived liquid fuels burned at each date and time;

The volumes of each type of waste-derived liquid fuel burned at each date and time; and

The total volume of fuel burned at each date and time.

Installation permits. The applications for and issuance of installation permits for the burning of waste-derived liquid fuel in any fuel-burning or combustion equipment, process equipment, or incinerator required by this section shall be governed by the applicable requirements and standards of Article II of this chapter except as otherwise specified by this section. In addition to the requirements of Article II of this chapter, an application for an installation permit required by this section shall include:

A report of the results of the analysis of a representative sample of the fuel to be used as required by Subsection B(2)(e) of this section; and

For equipment in which an owner or operator is requesting to burn waste-derived liquid fuel pursuant to Subsection B(1)(d) of this section, a report of the results of a diffusion modeling analysis as required by Subsection B(2)(f)(3)[b][2] of this section.

Alternative standards and procedures.

The Department may, on a case-by-case basis, approve an alternative standard or procedure to be followed by the owner or operator of specific waste-derived liquid fuel-burning equipment in lieu of a requirement of this section, provided that:

The request for the alternative standard or procedure is made in writing to the Department and includes all information necessary for the Department to rule on the request;

The request for the alternative standard or procedure demonstrates to the Department's satisfaction that:

The proposed alternative standard or procedure is equivalent to or better than the requirement of this section in terms of emission control efficiency, reliability, availability, enforceability, and overall effect on the public health; or

Strict compliance with the requirements of this section is unreasonable or impossible in the particular circumstances involved, and the proposed alternative standard or procedure will minimize, to the maximum extent possible, the potential for the public's exposure to emissions from the waste-derived liquid fuel-burning activity.

The burden of demonstrating the equivalency of such alternative standards or procedures to the Department's satisfaction and the burden of demonstrating the unreasonableness or impossibility of strict compliance with the requirements of this section and the compliance of the proposed alternative with the requirements of Subsection B(5)(a)[2] of this subsection to the Department's satisfaction and all expenses incident thereto shall be borne by the owner or operator of the source affected.

Should the Department preliminarily approve a request under this subsection, the Department shall give public notice of the request for and preliminary approval of the alternative standard or procedure with:

Such notice to include:

The name and address of the owner or operator;

A description of the equipment;

The address of the location of the equipment;

A summary of the reason for the request and justification for the alternative standard or procedure;

The address of the Department;

The date, 30 days from the date of the publication of this notice, until which the Department will receive public comments concerning the preliminary approval of the alternative standard or procedure; and

Such notice to be published in a newspaper of general circulation in Allegheny County, Pennsylvania, for one day no later than 10 days after the preliminary approval is made by the Department.

After any public comment period required by Subsection B(5)(c) of this subsection, the Department may determine, it its sole discretion, that a public hearing is required before approving or denying a request under this subsection, and if such a hearing is determined to be required, the Department shall give public notice of such hearing in such manner as is deemed appropriate by the Department.

Approval to operate using an alternative standard or procedure in lieu of a requirement of this section must be received, in writing, from the Department prior to the use of such alternative standard or procedure.

The Department may, upon receiving a written request from the owner or operator setting forth all necessary information, approve in writing an analysis method other than those specified in § 505-69 if it finds that, under the circumstances:

Such alternative analysis method is equivalent to or better than the method specified in § 505-69 in terms of reliability, availability, feasibility, and enforceability; and

Such alternative analysis method is consistent with accepted testing practices for obtaining accurate results which are representative of the conditions evaluated.

Violations. Failure to comply with any requirement of this section shall be a violation of this chapter giving rise to the remedies provided by § 505-79 of this chapter.

Hospital/Medical/Infectious waste incinerators.

Applicability. Except as provided for by Subsection C(5)(a) and (b), this section applies to all hospital/medical/infectious waste incinerators for which construction was commenced on or before June 20, 1996.

Definitions. All terms not defined in this chapter are hereby incorporated by reference from the Clean Air Act and 40 CFR Part 60 Subparts A, B, and Ec.

Incorporation by reference. All parts of 40 CFR Part 60 Subpart Ec are hereby incorporated by reference into this chapter, excluding the following subparts:

§ 60.52- Emission limits;

§ 60.54c-Siting Requirements;

§ 60.56c(b)(12)-EPA Reference Method 22 Fugitive Ash Visible Emission Observation;

§ 60.56c(c)(3)-Fugitive Flyash/Bottom Ash Handling and Storage Visible Emission Limit;

§ 60.58c(b)(2)(ii) Results of Fugitive Visible Emission Observation; and

§ 60.58c(b)(7) Documentation of Siting Requirements.

Permits required. Beginning September 15, 2000, or on the effective date of this subsection, whichever date is later, designated facilities subject to this section shall operate under a Title V, Part 70 permit.

Exemptions.

The following combustors shall not be subject to this section:

A combustor when only pathological waste, low-level radioactive, and/or chemotherapeutic waste is burned, provided that the owner or operator of the combustor:

Notifies the Department of an exemption claim; and

Keeps records on a calendar quarter basis of the periods of time of time when only pathological, low-level radioactive, and/or chemotherapeutic waste is burned.

Any co-fired combustor if the owner or operator of the co-fired combustor:

Notifies the Department of an exemption claim; and

Provides an estimate of the relative weight of hospital, medical/infectious waste and other fuels and/or to be combusted; and

Keeps records on a calendar quarter basis of the weight of hospital waste, medical/infectious waste and other fuels combusted at the co-fired combustor.

Any combustor required to have a permit under Section 3005 of the Solid Waste Disposal Act is not subject to this section.

Any combustor which meets the applicability requirements under 40 CFR Part 60, Subparts Cb, Ea and Eb.

Any pyrolysis unit.

Cement kilns firing hospital waste and/or medical/infectious waste.

Physical or operational changes made to an existing HMIWI unit solely for the purpose of complying with emission standards under this section are not considered a modification and do not result in an existing HMIWI becoming subject to the provisions of this subsection.

Emission limitations.

On and after the date on which compliance is required under paragraph g of this section, no owner or operator of a HMIWI facility shall discharge, or allow to be discharged, to the atmosphere from that HMIWI facility any gases that contain stack emissions in excess of the limits presented in Table 1 of this subsection:

Table 1
		Emission limits
		HMIWI size
Pollutant	Units (seven-percent oxygen, dry basis)	Small	Medium	Large
Particulate matter	Milligrams per dry standard cubic meter (grains per dry standard cubic foot)	115 (0.05)	69 (0.03)	34 (0.015)
Carbon monoxide	Parts per million by volume	40	40	40
Dioxins/furans	Nanograms per dry standard cubic meter total dioxins/furans (grains per billion dry standard cubic feet) or nanograms per dry standard cubic meter TEQ (grains per billion dry standard cubic feet)	125 (55) or 2.3 (1.0)	125 (55) or 2.3 (1.0)	125 (55) or 2.3 (1.0)
Hydrogen chloride	Parts per million by volume or percent reduction	100 or 93%	100 or 93%	100 or 93%
Sulfur dioxide	Parts per million by volume	55	55	55
Nitrogen oxides	Parts per million by volume	250	250	250

On and after the date on which compliance is required under Subsection C(7) of this section no owner or operator of a HMIWI facility shall discharge, or allow to be discharged, to the atmosphere from that HMIWI facility any gases that exhibit greater than ten-percent opacity (six-minute block average) as defined by § 505-68 of this chapter.

Compliance dates.

Except as provided for in Subsection C(7)(b), (c) and (d), one year after the effective date of this subsection, or September 15, 2002, whichever is earlier, the owner or operator of any HMIWI facility shall be in compliance with all provisions of this section.

The owner or operator of a HMIWI facility required to install air pollution equipment may request an extension beyond one year after the effective date of this subsection, and shall submit and comply with a compliance plan and schedule subject to the approval of the Department that meets the following milestones:

No later than one year after the effective date of this subsection a control plan with any site specific parameters shall be submitted in accordance with 40 CFR 60.56c(I);

No later than one year after the effective date of this subsection services of an architectural and engineering firm regarding air pollution device(s) shall be obtained;

No later than 18 months after the effective date of this subsection design drawings of an air pollution device(s) shall be obtained;

No later than 18 months after the effective date of this subsection air pollution device(s) shall be ordered;

No later than two years after the effective date of this subsection site preparation for installation of the air pollution device(s) shall be initiated;

No later than 33 months after the effective date of this subsection all on-site construction or installation of the air pollution device(s) shall be completed;

No later than 33 months after the effective date of this subsection initial startup of the air pollution device(s) shall be conducted;

No later than 33 months after the effective date of this subsection initial compliance test(s) of the air pollution device(s) shall be conducted; and

[9]

No later than three years after the effective date of this subsection, or September 15, 2002, whichever is earlier, no owner or operator of an HMIWI shall allow or cause to be allowed an HMIWI to be operated except in compliance with all provisions of this section.

The owner or operator who submits in writing to the Department a request for the extension described in Subsection C(7)(b) of this subsection shall also submit to the Department no later than 12 months after the effective date of this subsection the following information:

An analysis to support the need for an extension, including an explanation of why one year after the effective date of this subsection is not sufficient time to comply with Subsection C(7)(a) of this subsection, and

A demonstration of the feasibility to transport the waste off-site to a commercial medical waste treatment and disposal facility on a temporary or permanent basis.

The owner or operator will be notified in writing by the Department of its decision as to whether an extension shall be granted or denied.

The source shall be in compliance with the operator and training requirements of 40 CFR 60.53.c within one year of the effective date of this subsection.

Existing other solid waste incinerators (OSWI).

[Added 5-1-2007 by Ord. No. 16-07]

Applicability. This Subsection D applies to incineration units that meet all of the following requirements:

The incineration unit is:

An OSWI unit as defined in Subsection D(2), below; or

An air curtain incinerator subject to this Subsection D as described below:

Air curtain incinerators that bum less than 35 tons per day of municipal solid waste or air curtain incinerators located at institutional facilities burning any amount of institutional waste generated at that facility are subject to all requirements of this Subsection D including the emission limitations of Subsection D(6), below.

Air curtain incinerators used in disaster recovery are subject to the requirements of 40 CFR 60.2969, which are hereby incorporated by reference.

Air curtain incinerators that burn only wood waste, clean lumber, and yard waste are subject to the requirements described in Subsection D(15), below.

The incineration unit is an existing incineration unit. For purposes of this Subsection D, an existing incineration unit is an OSWI unit or air curtain incinerator subject to this Subsection D that commenced construction on or before December 9, 2004, except as provided in Subsection D(1)(b)[1], below:

If the owner or operator of an incineration unit makes changes that meet the definition of modification or reconstruction on or after June 16, 2006, the unit becomes subject to 40 CFR 60, Subpart EEEE, "Standards of Performance for Other Solid Waste Incineration Units for Which Construction is Commenced After December 9, 2004, or for Which Modification or Reconstruction is Commenced on or After June 16, 2006," and this Subsection D no longer applies to that unit.

If the owner or operator of an existing incineration unit makes physical or operational changes to the unit primarily to comply with this Subsection D, then Subpart EEEE requirements do not apply to that unit. Such changes do not qualify as modifications or reconstructions under Subpart EEEE.

The incineration unit is not one of the types listed below that are excluded:

The following types of units described in 40 CFR 60.2887(a) through (q) are excluded from this Subsection D as long as the requirements stated there are met.

Cement kilns.

Co-fired combustors.

Cogeneration facilities.

Commercial and industrial solid waste incinerator units are excluded if they are regulated under 40 CFR 62, Subpart III, as well as the stated 40 CFR 60 Subpart CCCC or DDDD.

Hazardous waste combustion units.

Hospital/Medical/Infectious waste incinerators.

[g]

Incinerators and air curtain incinerators in isolated areas of Alaska.

[h]

Rural institutional waste incinerators in Allegheny County are not excludable. They do not meet the requirement to be located more than 50 miles from the boundary of the nearest Metropolitan Statistical Area.

Institutional boilers and process heaters.

[j]

Laboratory analysis units.

[k]

Material recovery units.

[l]

Pathological waste incineration units.

[m]

Small or large municipal waste combustion units.

[n]

Small power production facilities.

[o]

Temporary-use incinerators and air curtain incinerators used in disaster recovery.

[p]

Units that combust contraband or prohibited goods.

[q]

Incinerators used for national security.

Air curtain incinerators used solely for clearing land of vegetation prior to construction are exempt from the requirements of this Subsection D.

Definitions.

INSTITUTIONAL WASTE INCINERATION UNIT

For purposes of this Subsection D, the terms below are defined as follows:

ADMINISTRATOR

The Allegheny County Health Department (the Department), except with respect to those authorities listed in 40 CFR 60.2889(b)(1) through (6) as retained by EPA.

AIR CURTAIN INCINERATOR

An incineration unit operating by forcefully projecting a curtain of air across an open, integrated combustion chamber (fire box) or open pit or trench (trench burner) in which combustion occurs. For the purpose of this Subsection D only, air curtain incinerators include both firebox and trench burner units.

DEVIATION

Defined as in 40 CFR 60.2977, except read "§ 505-46D(1)" wherever § 60.2885 appears.

INSTITUTIONAL FACILITY

A land-based facility owned and/or operated by an organization having a governmental, educational, civic, or religious purpose, such as a school, hospital, prison, military installation, church, or other similar establishment or facility.

INSTITUTIONAL WASTE

Solid waste (as defined below) that is combusted at any institutional facility using controlled flame combustion in an enclosed, distinct operating unit; whose design does not provide for energy recovery; operated without energy recovery; or operated with only waste heat recovery. Institutional waste also means solid waste (as defined below) combusted on site in an air curtain incinerator that is a distinct operating unit of any institutional facility. Where "energy recovery" means the process of recovering thermal energy from combustion for useful purposes such as steam generation or process heating; and "waste heat recovery" means the process of recovering heat from the combustion flue gases outside of the combustion firebox by convective heat transfer only.

Any combustion unit that combusts institutional waste and is a distinct operating unit of the institutional facility that generated the waste. Institutional waste incineration units include field-erected, modular, cyclonic burn barrel, and custom-built incineration units operating with starved or excess air, and any air curtain incinerator that is a distinct operating unit of the institutional facility that generated the institutional waste {except those air curtain incinerators listed in Subsection D(15)(a)[2]}.

MUNICIPAL SOLID WASTE

Refuse (and refuse-derived fuel) collected from the general public and from residential, commercial, institutional, and industrial sources consisting of paper, wood, yard wastes, food wastes, plastics, leather, rubber, and other combustible materials and noncombustible materials such as metal, glass and rock, provided that:

The term does not include industrial process wastes or medical wastes that are segregated from such other wastes; and

MUNICIPAL WASTE COMBUSTION UNIT

An incineration unit shall not be considered to be combusting municipal solid waste for purposes of this subpart if it combusts a fuel feed stream, 30% or less of the weight of which is comprised, in aggregate, of municipal solid waste, as determined by 40 CFR 60.2887(b).

Any setting or equipment that combusts municipal solid waste (as defined in this Subsection D), including, but not limited to, field-erected, modular, cyclonic bum barrel, and custom-built incineration units (with or without energy recovery) operating with starved or excess air, boilers, furnaces, pyrolysis/combustion units, and air curtain incinerators {except those air curtain incinerators listed in Subsection D(15)(a)[2]}.

OTHER SOLID WASTE INCINERATION (OSWI) UNIT

Either a very small municipal waste combustion unit or an institutional waste incineration unit, as defined in this Subsection D. Unit types listed in Subsection D(1)(c) as being excluded from the Subsection D are not OSWI units subject to this Subsection D. While not all OSWI units will include all of the following components, an OSWI unit includes, but is not limited to, the municipal or institutional solid waste feed system, grate system, flue gas system, waste heat recovery equipment, if any, and bottom ash system. The OSWI unit does not include air pollution control equipment or the stack, The OSWI unit boundary starts at the municipal or institutional waste hopper (if applicable) and extends through two areas: (1) the combustion unit flue gas system, which ends immediately after the last combustion chamber or after the waste heat recovery equipment, if any; and (2) the combustion unit bottom ash system, which ends at the truck loading station or similar equipment that transfers the ash to final disposal. The OSWI unit includes all ash handling systems connected to the bottom ash handling system.

SOLID WASTE

Any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1342), or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended (42 U.S.C. 2014).

VERY SMALL MUNICIPAL WASTE COMBUSTION UNIT

Any municipal waste combustion unit that has the capacity to combust less than 35 tons per day of municipal solid waste or refuse-derived fuel, as determined by the calculations in 40 CFR 60.2975.

All other definitions of 40 CFR Part 60, Subparts A and B, and 40 CFR 60.2977 are incorporated by reference into this Subsection D.

Compliance schedules.

OSWI units, and air curtain incinerators subject to Subsection D(15), must achieve final compliance as expeditiously as practicable after the approval of this Subsection D, but not later than the earlier of the following two dates: A. December 16, 2010; B. three years after the effective date of this Subsection D. The complying unit must submit a notification to the Department stating whether final compliance has been achieved, postmarked within 10 business days after the final compliance date. Final compliance means that the owner or operator completes all process changes and retrofit of control devices so that, when the incineration unit is brought on line, all process changes and air pollution control devices necessary to meet the emission limitations operate as designed.

Closing an OSWI unit and then restarting it.

If the owner or operator closes its OSWI unit but will restart it prior to the final compliance date, it must meet the final compliance date of Subsection D(3)(a), above.

If the owner or operator closes its OSWI unit but will restart it after the final compliance date, it must complete emission control retrofit and meet the emission limitations as specified in Subsection D(6), below, on the date its OSWI unit restarts operation. It must conduct the initial performance test as specified in Subsection D(7), below, within 30 days of restarting the OSWI unit.

Permanently closing an OSWI unit and not restarting it. If the owner or operator plans to close its OSWI unit, it must close the unit before the final compliance date of Subsection D(3)(a), above.

Waste management plan. The owner or operator of an OSWI unit must submit a waste management plan as described in 40 CFR 60.2899 and 60.2901 no later than 60 days following the initial performance test. The initial performance test must be conducted no later than 180 days after the final compliance date specified in Subsection D(3)(a).

Operator training and qualification. The requirements of 40 CFR 60.2905 through 60.2911 are incorporated by reference into this Subsection D, with the following changes:

40 CFR 60.2906: The operator training course must be completed by the latest of the three dates specified below:

The final compliance date specified in Subsection D(3)(a).

Six months after OSWI unit startup.

Six months after an employee assumes responsibility for operating the OSWI unit or assumes responsibility for supervising the operation of the OSWI unit.

40 CFR 60.2910:

40 CFR 60.2910(a)(8): The waste management plan is required under Subsection D(4).

40 CFR 60.2910(b)(1): The initial review of the information listed in 40 CFR 60.2910(a) must be conducted by the latest of the three dates specified below:

The final compliance date specified in Subsection D(3)(a).

Six months after the OSWI unit startup.

Six months after an employee assumes responsibility for operating the OSWI unit or assumes responsibility for supervising the operation of the OSWI unit.

Emission limitations and operating limits. The requirements of 40 CFR 60.2915 through 60.2918 are incorporated by reference into this Subsection D, with the following changes:

40 CFR 60.2915: The subject emission limitations must be met on the date the initial performance test is required or completed (whichever is earlier). The initial performance test must be conducted no later than 180 days after the final compliance date specified in Subsection D(3)(a).

40 CFR 60.2916(b): The operating limits established during the initial performance test must be met beginning on the date 180 days after the final compliance date specified in Subsection D(3)(a).

Performance testing. The requirements of 40 CFR 60.2922 and 60.2923 are incorporated by reference into this Subsection D.

Initial compliance requirements. The requirements of 40 CFR 60.2927 are incorporated by reference into this Subsection D with the exception that 40 CFR 60.2916(b) does not apply. The initial performance test must be conducted no later than 180 days after the final compliance date specified in Subsection D(3)(b)[1], or within 30 days of restarting a closed unit under the provisions of Subsection D(3)(b)[2].

Continuous compliance requirements. The requirements of 40 CFR 60.2932 through 60.2935 are incorporated by reference into this Subsection D.

Monitoring. The requirements of 40 CFR 60.2939 through 60.2945 are incorporated by reference into this Subsection D with the following change:

40 CFR 60.2940(b): The initial evaluation of the continuous emission monitoring systems shall be completed within 180 days after the final compliance date specified in Subsection D(3)(a).

Recordkeeping and reporting. The requirements of 40 CFR 60.2949 through 60.2951 and 40 CFR 60.2954 through 60.2962 are incorporated by reference into this Subsection D, with the following changes:

40 CFR 60.2949: Paragraph (j) does not apply; and reference Subsection D(5)(b) instead of the cited 40 CFR 60.2910(a) and (b).

40 CFR 60.2951: The reporting requirements of Table 4 must be met, with the following exceptions and addition:

Report Items 1 and 2, "Pre-construction report" and "Startup notification," are not required.

Report Item 3, "Reference § 60.2954," refer to Subsection D(11)(c), below.

Report Item 4, "Reference § 60.2955 and 2956," refer to Subsection D(11)(d) and (e), below.

A waste management plan must be submitted in accordance with Subsection D(4).

40 CFR 60.2954: The information specified in Subsection D(11)(c)[1] through [3], below must be submitted no later than 60 days following the initial performance test. All reports must be signed by the facilities manager.

The complete test report for the initial performance test results obtained under Subsection D(8), as applicable.

The values for the site-specific operating limits established in Subsection D(6).

The waste management plan as specified in Subsection D(4).

40 CFR 60.2955:The reference to § 60.2954 should be read as Subsection D(11)(c).

40 CFR 60.2956(d): The annual report must include the values for the operating limits established pursuant to Subsection D(6).

Title V operating permits. The owner or operator of an OSWI unit subject to this Subsection D is required to apply for and obtain a Title V operating permit unless it meets the relevant requirements for an exemption specified in Subsection D(1)(c).

If the existing unit is not subject to an earlier permit application deadline, a complete Title V permit application must be submitted on or before the earlier of the dates specified below:

Twelve months after the effective date of this Subsection D.

December 16, 2008.

If the existing unit is subject to Title V as a result of some triggering requirement(s) other than those specified in Subsection D(12)(a)[1], above (for example, a unit may be a major source or part of a major source), then the owner or operator may be required to apply for a Title V permit prior to the deadlines specified in Subsection D(12)(a)[1]. If more than one requirement triggers a source's obligation to apply for a Title V permit, the twelve-month time frame for filing a Title V permit application is triggered by the requirement which first causes the source to be subject to Title V.

A "complete" Title V permit application is one that has been determined or deemed complete by the Department under § 505-25B(4)(a). The owner or operator must submit a complete permit application by the relevant application deadline in order to operate after this date in compliance with this Subsection D.

Temporary-use incinerators used in disaster recovery. The requirements of 40 CFR 60.2969 are incorporated by reference.

(14)

Equations. The equations of 40 CFR 60.2975 are incorporated by reference into this Subsection D.

(15)

Existing air curtain incinerators that burn only wood waste, clean lumber, and yard waste.

General.

An air curtain incinerator operates by forcefully projecting a curtain of air across an open, integrated combustion chamber (fire box) or open pit or trench (trench burner) in which combustion occurs. For the purpose of this Subsection D, air curtain incinerators include both firebox and trench burner units.

Existing air curtain incinerators that burn only less than 35 tons per day of the materials listed in Subsection D(15)(a)[2][a] through [d], below, collected from the general public and from residential, commercial, institutional, and industrial sources; and existing air curtain incinerators of any charge rate or capacity located at institutional facilities that burn only the materials listed in Subsection D(15)(a)[2][a] through [d], below generated at that facility, are required to meet only the requirements of this subsection and are exempt from all other requirements of this Subsection D:

One-hundred-percent wood waste.

One-hundred-percent clean lumber.

One-hundred-percent yard waste.

One-hundred-percent mixture of only wood waste, clean lumber, and/or yard waste.

Compliance date: in accordance with Subsection D(3)(a).

Restarting after closing.

If the air curtain incinerator is to be closed, but will be reopened prior to the final compliance date, the final compliance date specified in Subsection D(3)(a), must be met.

If the air curtain incinerator is to be closed, but will be restarted after the final compliance date, the emission limitations must be met on the date the incinerator restarts operation.

Permanently closing. If the air curtain incinerator is to be permanently closed and not restarted, the owner or operator must close the unit before the final compliance date specified in Subsection D(3)(a).

Emission limitations.

Within 180 days after the final compliance date in Subsection D(3)(a), the incineration unit must meet the two limitations specified in Subsection D(15)(e)[1][a] and [b], below.

The opacity limitation is 10% (six-minute average, observed over three one-hour test runs: i.e., 30 six-minute averages), except as described in [b], below.

The opacity limitation is 35% (six-minute average) during the startup period that is within the first 30 minutes of operation.

The limitations in Subsection D(15)(e)[1] apply at all times except during malfunctions.

Monitoring opacity. The requirements of 40 CFR 60.2972 are incorporated by reference into this Subsection D with one addition: at 40 CFR 60.2972(b), the initial test for opacity is to be conducted as specified in 40 CFR 60.8 within 180 days after the final compliance date in Subsection D(3).

Recordkeeping and reporting requirements. The requirements of 40 CFR 60.2973(b) through (f) are incorporated by reference into this Subsection D.

Title V operating permit requirement. Unless the air curtain incineration unit is excluded under Subsection D(1)(c)[1][d], [o], [p] or [q], the owner or operator of an OSWI unit subject to this subsection is required to apply for and obtain a Title V operating permit as specified in Subsection D(12).

§ 505-47 Miscellaneous fugitive sources.

Permit source premises (see Subsection I regarding applicability).

General. No person shall operate, or allow to be operated, any source for which a permit is required by Article III of this chapter in such manner that emissions from any open land, roadway, haul road, yard, or other premises located upon the source or from any material being transported within such source or from any source-owned access road, haul road, or parking lot over five parking spaces:

Are visible at or beyond the property line of such source;

Have an opacity of 20% or more for a period or periods aggregating more than three minutes in any sixty-minute period; or

Have an opacity of 60% or more at any time.

Deposition on other premises. Visible emissions from any solid or liquid material which has been deposited by any means from a source onto any other premises shall be considered emissions from such source within the meaning of Subsection A(1) above.

Non-permit premises (see Subsection I regarding applicability).

General. No person shall use or maintain, or allow to be used or maintained, any property, other than that property upon which there is a source for which a permit is required by Article III of this chapter, in such manner that emissions from any open land, roadway, haul road, yard, or other premises located upon such property, or from any material being transported on such property, or from any access road, haul road, or parking lot over five parking spaces for such property:

Are visible at or beyond the property line of such property;

Have an opacity of 20% or more for a period or periods aggregating more than three minutes in any sixty-minute period; or

Have an opacity of 60% or more at any time.

Deposition on other premises. Visible emissions from any solid or liquid material which has been deposited by any means from property subject to Subsection B(1) above onto any other premises shall be considered emissions from such property within the meaning of Subsection B(1) above.

Parking lots and roadways (see Subsection I regarding applicability).

General. No person shall maintain for use, or allow to be used, any parking lot over 50 parking spaces or used by more than 50 vehicles in any day or any roadway carrying more than 100 vehicles in any day or 15 vehicles in any hour in such manner that emissions from such parking lot or roadway:

Are visible at or beyond the property line;

Have an opacity of 20% or more for a period or periods aggregating more than three minutes in any sixty-minute period; or

Have an opacity of 60% or more at any time.

Deposition on other premises. Visible emissions from any solid or liquid material which has been deposited by any means from a parking lot or roadway onto any other premises shall be considered emissions from such parking lot or roadway.

Repairs. Subsection C(1) above shall apply during any repairs or maintenance done to such parking lot or roadway.

Enforcement. Notwithstanding any other provision of this chapter, the prohibitions of this section may be enforced by any municipal or local government unit having jurisdiction over the place where such parking lots or roadways are located. Such enforcement shall be in accordance with the laws governing such municipal or local government unit. In addition, the Department may pursue the remedies provided by § 505-79 of this chapter for any violations of this section.

Permit source transport (see Subsection I regarding applicability).

No person shall transport, or allow to be transported, any solid or liquid material outside the boundary line of any source for which a permit is required by Article III of this chapter in such manner that there is any visible emission, leak, spill, or other escape of such material during transport.

Notwithstanding any other provision of this chapter, the prohibitions of this section may be enforced by any municipal or local government unit having jurisdiction over the place where such visible emission, leak, spill, or other escape of material during transport occurs. Such enforcement shall be in accordance with the laws governing such municipal or local government unit. In addition, the Department may pursue the remedies provided by § 505-79 of this chapter for any violation of this section.

Non-permit source transport (see Subsection I regarding applicability).

No person shall transport, or allow to be transported, any solid or liquid material outside the boundary line of any source, other than those for which a permit is required by Article III of this chapter, in such manner that there is any visible emission, leak, spill, or other escape of such material during transport.

Construction and land clearing (see Subsection I regarding applicability).

No person shall conduct, or allow to be conducted, any construction or land clearing activities in such manner that the opacity of emissions from such activities:

Equal or exceed 20% for a period or periods aggregating more than three minutes in any sixty-minute period; or

Equal or exceed 60% at any time.

Notwithstanding any other provision of this chapter, the prohibitions of this section may be enforced by any municipal or local government unit having jurisdiction over the place where such construction or land clearing activities occur. Such enforcement shall be in accordance with the laws governing such municipal or local government unit. In addition, the Department may pursue the remedies provided by § 505-79 of this chapter for any violations of this section.

Mining (see Subsection I regarding applicability). No person shall conduct, or allow to be conducted, any mining activities in such manner that emissions from such activities:

Are visible at or beyond the property line;

Have an opacity of 20% or more for a period or periods aggregating more than three minutes in any sixty-minute period; or

Have an opacity of 60% or more at any time.

Demolition (see Subsection I regarding applicability).

No person shall conduct, or allow to be conducted, any demolition activities in such manner that the opacity of the emissions from such activities equal or exceed 20% for a period or periods aggregating more than three minutes in any sixty-minute period.

Notwithstanding any other provisions of this chapter, the prohibitions of this section may be enforced by any municipal or local government unit having jurisdiction over the place where such demolition activities occur. Such enforcement shall be in accordance with the laws governing such municipal or local government unit. In addition, the Department may pursue the remedies provided by § 505-79 of this chapter for any violations of this section.

Areas subject to Subsections A through H.

Subsections A, C, D, F, G and H of this section shall apply only in such areas of the County which are within:

A three-mile wide strip along the Ohio and Monongahela river valleys with a perpendicular distance of two miles either north or east of the center line of the rivers and one mile south or west of the center line of the rivers from the I-79 Bridge to the Mansfield Bridge, but excluding any portions of the Borough of Port Vue;

A one-mile wide strip centered on Turtle Creek (0.5 mile perpendicular distance on each side of the center of the Creek) running from the area referred to in Subsection I(1)(a) of this section to the Westmoreland County Line; and

A four-mile wide strip along the Monongahela river valley with a perpendicular distance of two and one-half miles either north or east of the center line of the river and one and one-half miles south or west of the center line of the river from the Mansfield Bridge to the Westmoreland County Line, and all portions of the Borough of Port Vue.

Subsections B and E of this section shall apply only in such areas of the County which are described under Subsection I(1)(c) of this section.

Fugitive emissions.

The person responsible for a source of fugitive emissions, in addition to complying with all other applicable provisions of this chapter shall take all reasonable actions to prevent fugitive air contaminants from becoming airborne. Such actions may include, but are not limited to:

The use of asphalt, oil, water, or suitable chemicals for dust control;

The paving and maintenance of roadways, parking lots and the like;

The prompt removal of earth or other material which has been deposited by leaks from transport, erosion or other means;

The adoption of work or other practices to minimize emissions;

Enclosure of the source; and

The proper hooding, venting, and collection of fugitive emissions.

Specific sources. In addition to complying with all other applicable provisions under this chapter, no person shall operate, or allow to be operated, any source listed below unless in compliance with all applicable conditions as set forth in this subsection:

	Specific Sources and Conditions
	Source Name	Location	Permit Number
	Dock #2 Barge Loading	Glassport Transp. Center, Inc, Glassport, PA	(to be assigned)

	Conditions:
	A. Installation, operation, and maintenance of an emission control device; and
	B. Emissions of PM-10 of not more than 2.9 grains/ton of material loaded at all times.

2. Rail car unloading

Glassport Transp. Center, Inc, Glassport, PA

(to be assigned)

	Conditions:
	A. Installation, operation, and maintenance of an emission control device; and
	B. Emissions of PM-10 of not more than 4.4 grains/ton of material unloaded at all times.

	Specific Sources and Conditions
	Source Name	Location	Permit Number
	3. Roads Yards & Mat'ls Hndlg.	Glassport Transp. Center, Inc, Glassport, PA	(to be assigned)

[other than those sources subject to Subsection J(2)(a) and (b) of this section]

	Conditions:
	A. Implementation of operating practices and procedures and installation, operation, and maintenance of air pollution control equipment and methods, approved in advance by the Department and the EPA, sufficient to collect and control from all fugitive PM-10 sources subject to this Subsection J(2)(c) of this section at least 75% of all PM-10 emissions from such sources at all times; or
	B. Compliance with the following, constituting presumptive collection and control from all fugitive PM-10 sources subject to this Subsection J(2)(c) of this section of at least 75% of all PM-10 emissions from such sources at all times:
	i. Installation, operation, and maintenance of a dust suppressant system of sprays of water, or other chemicals approved in advance by the Department, from sprinkler systems and/or water trucks, capable of delivering a minimum of 2.5 gal. H₂O (or equiv.)/sq. yd. per day to all yard areas used for materials storage on the premises, and of delivering a minimum of 0.15 gal. H₂O (or equiv.)/sq. yd. per four-hour period to all other areas of the premises except those areas that are developed or landscaped with vegetation;
	ii. On each day during the months of May through October all yard areas used for materials storage on the premises, and in which any materials have been handled during the immediately preceding 10 days, shall be watered with at least 2.5 gal. H₂O (or equiv.)/sq. yd., and all other areas of the premises except those areas that are developed or landscaped with vegetation shall be watered with at least 0.15 gal. H₂O (or equiv.)/sq. yd. every four (4) hours during hours of operation, using a dust suppressant system approved by the Department under this subsection, except when there has been at least 0.01 inches of new or accumulated precipitation or the outside temperature has been below 40° F during the immediately preceding 24 hours according to the National Weather Service at Pittsburgh International Airport;
	iii. On each day during the months of November through April all yard areas used for materials storage on the premises, and in which any materials have been handled during the immediately preceding 10 days, shall be watered with at least 1.5 gal. H₂O (or equiv.)/sq. yd., and all other areas of the premises except those areas that are developed or landscaped with vegetation shall be watered with at least 0.10 gal. H₂O (or equiv.)/sq. yd. every four hours during hours of operation, using a dust suppressant system approved by the Department under this Subsection, except when there has been at least 0.01 inches of new or accumulated precipitation or the outside temperature has been below 40° F during the immediately preceding 48 hours according to the National Weather Service at Pittsburgh International Airport; and
	iv. A written report for each day shall be generated daily by the owner or operator which shall:
	(a.) Include:
	(1) The name(s) of the owner(s) and operator(s) of the source, and the date; and
	(2) For each and every area of the premises subject to this section:
	(A.) A description and the size (in sq. yds.) of the area;
	(B.) The start and end time of any utilization of the dust suppressant system;
	(C.) The type, dilution ratio (if applicable), total amount, and gal./sq. yd. of the dust suppressant used; and
	(D.) The name, title, and signature of the individual verifying the completeness and accuracy of the report; and
	(b.) Be retained by the owner or operator of the source for at least two years and be immediately submitted to, and available for inspection and copying by, the Department upon request.

§ 505-48 Open burning and abrasive blasting sources.

Open burning.

[Amended 5-1-2007 by Ord. No. 16-07; 7-7-2009 by Ord. No. 30-09; 11-5-2014 by Ord. No. 19-14]

General.

No person shall conduct, or allow to be conducted, the open burning of any material, except where the Department has issued an open burning permit to such person in accordance with this section or where the open burning is conducted solely for the purpose of preparation of food for human consumption, recreation, light, or ornament, and in a manner which contributes a negligible amount of air contaminants, and which is in accordance with Subsection A(1)(a)[1] through [3] below.

No material other than clean wood, propane, or natural gas may be burned except as provided for in this subsection.

Charcoal may be used in an outdoor fireplace or grill for the purpose of cooking.

Commercially available fire logs, paraffin logs, or wood pellets may be used in outdoor fireplaces.

Paper or commercial smokeless fire starters may be used with clean wood to start an allowed fire.

Any volume of clean wood being burned shall be no larger than three feet wide by three feet long by two feet high and shall be at least 15 feet from the nearest neighbor's dwelling or inhabited area, any property line, roadway, sidewalk, or public accessway.

Open burning using chimineas, firepits, or outdoor fireplaces may only be conducted using materials meeting Subsection A(1)(a)[1] above.

Any open burning shall be tended by a responsible person at all times.

Wood burning activities shall not be conducted on Air Quality Action Days, with the exception of conducting such burning for the commercial preparation of food.

The Department may prohibit, or reduce, any open burning activity which it determines to be a nuisance. This determination will be based on, but not limited to, the following criteria:

The severity of the amount of air pollutants, or malodorous material;

The duration or frequency of open burning;

The topography of the surroundings; and/or

The meteorological conditions.

This section shall not allow or permit any open burning which would not otherwise be allowed or permitted under any applicable ordinance or fire code.

Discovery of fire. Immediately upon the discovery of any open burning that is not being conducted in accordance with this section, the person responsible for the property on which such burning occurs shall immediately extinguish, or cause the extinguishment of, such burning.

Presumption. Proof that the defendant in any enforcement action owns or controls the property on which open burning occurs shall be prima facie evidence that such defendant has conducted, or allowed to be conducted, such open burning.

Permits.

The Department may issue a permit for open burning during a period specified by the Department, but only where the open burning is solely for:

The abatement of a fire or public health hazard when the burning is conducted under the supervision of a public officer;

The instruction of personnel in fire fighting, except that instruction using only propane does not require a permit;

The fostering of agriculture;

The conducting of a ceremony; or

Clearing and grubbing wastes subject to, at a minimum, the following requirements:

Air curtain incineration units shall be used at all times when burning clearing and grubbing wastes.

The use of air curtain incineration units shall not be permitted unless approved by the Department, in writing, with respect to equipment arrangement, design, and existing environmental conditions prior to commencement of burning.

Approval for use of an air curtain incineration unit at one site may be granted for a specified period not to exceed three months, but may be extended for additional limited periods upon further written approval by the Department.

The application for said permit must be accompanied by a nonrefundable permit application fee, by check or money order payable to the "Allegheny County Air Pollution Control Fund," to cover the costs associated with processing, reviewing, and acting upon the application. The amount of the fee shall be set by the Board of Health.

If operated at commercial, industrial, or institutional facilities, the air curtain incinerator may also be subject to the NSPS requirements of 40 CFR 60 Subpart CCCC or EEEE.

Any fees approved by the Board of Health under the terms of this section shall not become effective until approved by Allegheny County Council.

The permit application shall be submitted on forms prepared by the Department at least 15 days prior to the proposed burning date(s) and shall specify the types of materials to be burned, and only those types of materials which are approved by the Department in the permit shall be burned.

The Department may issue a permit subject to any additional terms and conditions as are appropriate to further the purposes of this chapter and may deny a permit application or rescind any such permit when it determines that an actual or potential air pollution problem exists.

An approved permit shall be in the possession of the applicant or an authorized representative at the site of the permitted open burning at all times during said open burning and shall be available for inspection upon request by any County personnel, law enforcement officer, or fire protection officer.

Any open burning permit issued by the Department shall immediately be suspended upon the declaration of an alert or localized incident pursuant to Article VI of this chapter and shall remain suspended for the duration of the alert or localized incident. If the open burning permit expires during such period of suspension, an extension of such permit shall be obtained from the Department prior to burning any materials.

Open burning activities requiring a permit shall not be conducted on Air Quality Action Days.

Coal refuse piles. In the case of a fire at any coal refuse pile or dump, the person responsible shall:

Report such fire immediately to the Department upon discovery;

Immediately extinguish such fire, or demonstrate to the Department's satisfaction that all necessary steps are being taken to extinguish such fires as expeditiously as possible; and

Report the status of such fire to the Department at such intervals as required by the Department.

Enforcement. Notwithstanding any other provision of this chapter, the prohibitions of this section may be enforced by any municipal or local government unit having jurisdiction over the place where the burning occurs. Such enforcement shall be in accordance with the laws governing such municipal or local government unit and the Pennsylvania Air Pollution Control Act.[1] In addition, the Department may pursue the remedies provided by § 505-79 of this chapter for any violation of this section.

Editor's Note: See 35 P.S. § 4001 et seq.

Violations. The open burning of any material [except as provided in Subsection A(1)(a) above] without a permit under this section or in violation of any condition contained in such permit, or the failure by the person responsible to immediately report and take all reasonable steps to extinguish a coal refuse pile fire, shall be a violation of this chapter giving rise to the remedies provided in § 505-79 of this chapter.

Abrasive blasting.

General. No person shall conduct, or allow to be conducted, abrasive blasting or power tool cleaning, hereinafter all referred to as abrasive blasting, of any surface, structure, or part thereof, hereinafter all referred to as surface, which has a total area greater than 1,000 square feet unless:

Such abrasive blasting complies with all applicable requirements of this section; and

The owner of such surface, which has a total area greater than 10,000 square feet, has properly applied for and been issued, by the Department, either an abrasive blasting project permit or annual permit under this section; or greater than 1,000 square feet but not more than 10,000 square feet, has properly submitted a notice to the Department under this section, except where such blasting is part of a process requiring an operating permit under § 505-25 or 505-26 of this chapter.

Regulations cumulative. In addition to complying with all applicable provisions of this section, no person shall conduct, or allow to be conducted, abrasive blasting of any surface unless such abrasive blasting also complies with all other applicable requirements of this chapter unless such requirements are specifically addressed by this section.

Permit applications and notices.

Properly completed applications for permits and notices required under this section, along with the appropriate fees, shall be submitted to, and received by, the Department no later than 30 days prior to the proposed date, and in the case of notices the actual date, of commencement of the proposed abrasive blasting.

Permit applications and notices under this section shall be made on forms approved by the Department, signed by the owner of the site, and submitted in duplicate to: Abrasive Blasting Permit Applications, Allegheny County Health Dept., Bldg. 3, 3901 Penn Ave., Pittsburgh, PA 15224-1345.

Permit applications and notices under this section shall include all information necessary for the Department to determine full compliance with this chapter, including, but not limited to:

Name, mailing and street address, telephone number, and contact person of the owner of the site;

Names, mailing and street addresses, telephone numbers, and contact persons of the person (e.g., contractor) to perform the abrasive blasting and the general contractor, if any, for the site, if known; if not known at the time of application or notice, this information must be submitted to, and received by, the Department, prior to the commencement of any abrasive blasting;

Exact location of the site, including the street and number, municipality, and postal ZIP code for the property and the specific location on the property, and a detailed description of the surrounding area, including the residential, commercial, industrial, or undeveloped nature of the area;

Starting and completion dates and daily operating hours for the abrasive blasting;

Detailed description of the nature and size of the surface to be blasted, including the square feet to be blasted;

Specific work practices, procedures, equipment, and abrasives to be utilized at the site to comply with the requirements of this chapter;

Detailed justification for the use of abrasive blasting rather than an alternative method of surface preparation; and

Detailed description of the proposed manner of disposal of the spent abrasive and blast residue or any other waste material generated.

Testing of paint. For all projects involving the removal of paint, the required application or notice under this section shall include independent laboratory test results indicating the lead content, if any, of the paint to be removed. The sampling and analysis of paint required under this section shall be conducted in accordance with either Article VII of this chapter or any other methods approved in advance by the Department.

Permit application fees.

For each permit application required under this section, other than for annual permits, the owner of the subject surface shall submit to the Department a project permit application fee, payable to the Allegheny County Air Pollution Control Fund, for the proposed abrasive blasting. The amount of the fee shall be set by the Board of Health.

[Amended 7-7-2009 by Ord. No. 30-09]

For each annual permit application required under this section, the owner of the subject surfaces shall submit to the Department an annual permit application fee in the amount of $600, payable to the Allegheny County Air Pollution Control Fund, for the proposed abrasive blasting.

Any fees approved by the Board of Health under the terms of this section shall not become effective until approved by the Allegheny County Council.

[Added 7-7-2009 by Ord. No. 30-09]

Standards for issuance. The Department shall not issue an abrasive blasting permit under this section unless a properly completed application, with the appropriate fee, has been submitted to, and received by the Department in accordance with this section, and such application demonstrates to the Department's satisfaction that the blasting will be conducted in full compliance with the requirements of this chapter.

Project permits. Unless covered by an annual permit, separate project permits shall be required for each different structure to be blasted.

Annual permits. In place of project permits, an annual permit may be issued for ongoing, in-house abrasive blasting operations involving continuous or intermittent abrasive blasting performed at a specified site.

Permit term. Unless revoked by the Department under this chapter:

A project permit issued under this section shall expire on either the project completion date identified in the application, any expiration date identified on the issued permit, or 365 days after the date of issuance, whichever is sooner; and

An annual permit issued under this section shall expire on either any expiration date identified on the issued permit, or on December 31 of the year of issuance, whichever is later.

Notices of set-up and preparation and of completion.

Set-up and preparation notice. No person shall conduct, or allow to be conducted, any abrasive blasting activities requiring a permit under this section unless, following completion of the full set-up and preparation of the work area, including the commencement and continuing maintenance of any required negative air pressure in the work area, any other controls, and any required monitoring, but prior to the commencement of any actual abrasive blasting activity, the Department is notified of such completion of set-up and preparation. Such notice shall include the abrasive blasting permit number, the names of the owner and the abrasive blasting contractor, the street address and municipality of the project site, the name and phone number of the person submitting the notice, and the estimated date and time of the actual commencement of abrasive blasting.

The owner or operator shall notify the Department of the date on which all abrasive blasting and clean-up activities have been finally completed at a site no later than 24 hours after such date.

Monitoring. If the Department determines, on the basis of any information available to it, that emissions or potential emissions from any proposed or existing abrasive blasting operation may reasonably be anticipated to have a potentially adverse impact upon the public health, safety, or welfare due to, among other concerns, the presence of lead paint, the Department may, by order or permit condition, require the owner or operator to implement ambient air quality monitoring programs during the abrasive blasting operation and to submit the monitoring results to the Department as expeditiously as possible. All ambient air quality sampling, analysis, and reporting required under this section shall be conducted in accordance with either Article VII of this chapter or any other federal or state guidance acceptable to the Department. All such ambient air quality sampling, analysis, and reporting shall be conducted by persons who have no financial interest in, or personal association with, the site owner or operator, the general contractor, or the abrasive blasting contractor or subcontractor, and in accordance with a plan approved in advance by the Department and in accordance with all applicable orders and permit conditions. Such plan shall include a statement of qualifications, QA/QC program, specifications for monitor type and placement, monitoring duration, and a reporting schedule.

Rejection, suspension, and revocation.

The Department may, at any time, reject a permit application under this section or suspend or revoke a permit issued under this section if it determines that:

Any statement made in the permit application or any other submittal by the applicant to the Department is not true, or that material information has not been disclosed in the application or any such submittal;

The abrasive blasting operation is not being conducted or will not be conducted, or the proposed operation will not be conducted, in full compliance with all applicable provisions of this chapter and all applicable permits and orders;

Potential or actual emissions from the operation or proposed operation are potentially endangering, or are likely to potentially endanger, public health, safety or welfare; or

It has been denied lawful access to the site as authorized by Article IX of this chapter.

Rejected applications and revoked permits can not be reconsidered or reissued. Consideration and issuance of new applications and permits can only occur after submittal of a new application and fee in accordance with this section.

Reinstatement of a suspended permit can only occur after the owner has, to the Department's satisfaction, corrected all problems and demonstrated an ability and willingness to comply with all requirements, and documented such corrections and demonstration to the Department.

High-silica abrasives. No abrasive blasting using high-silica abrasives shall be conducted at any time.

Abrasive blasting involving lead paint. For all abrasive blasting involving lead paint:

Visible emissions shall comply with the requirements of § 505-30A of this chapter at the source at all times; and

Best available control technology shall be used at the site at all times to minimize visible emissions beyond the property line, public exposure to particulate matter, and the deposition of particulate matter upon public or private property.

(14)

Abrasive blasting not involving lead paint. For all abrasive blasting not involving lead paint, visible emissions shall comply with the requirements of § 505-30 of this chapter at all times when conducting abrasive blasting.

(15)

Clean-up, storage, and disposal procedures. A complete clean-up of all spent abrasive and blast and cleaning residue, shall be conducted upon termination of abrasive blasting activities each day and upon the final termination of the project. Clean-up procedures shall include, at a minimum, the following:

The daily collection of all spent abrasive and blast and cleaning residue, if any, visible in the vicinity of the blasting site.

All vacuuming of spent abrasive and blast and cleaning residue, for all abrasive blasting not involving lead paint, shall be performed using an industrial vacuum cleaner equipped with an exhaust filter.

All vacuuming of spent abrasive and blast and cleaning residue, for all abrasive blasting involving lead paint, shall be performed using an industrial vacuum cleaner equipped with a HEPA filter.

All stockpiles of new or recycled abrasive materials at the site shall be covered at all times, except and only to the extent necessary to remove or add materials to the piles.

All spent abrasive and blast and cleaning residue at the site shall be stored for disposal in covered containers, and shall not be stored at the site in violation of any applicable federal, state, and local environmental regulations.

All spent abrasive and blast and cleaning residue from the site, and all other solid waste and waste water generated at the site from the abrasive blasting activity, shall be properly disposed of in accordance with all applicable federal, state, and local environmental regulations.

(16)

Alternative standards or procedures.

The Department may, on a case-by-case basis, approve an alternative standard or procedure to be followed on a specific abrasive blasting project in lieu of a requirement of this section, provided that the requested alternative standard or procedure is submitted, in writing, and demonstrates to the Department's satisfaction that:

The proposed alternative standard or procedure is equivalent to a requirement of this section; or

That strict compliance with the requirements of this section are unreasonable or impossible in the particular circumstances involved, and the proposed alternative standard or procedure will minimize, to the maximum extent possible, the potential for the public's exposure to emissions from the abrasive blasting project.

Approval to institute an alternative standard or procedure must be received, in writing, from the Department prior to the use of such alternative standard or procedure.

Abrasive blasting activity subject to this section involving specific activities such as, but not limited to, the use of vacuum shrouded power tools, must fully comply with all requirements of this section, including, but not limited to, all containment requirements, unless specific alternative procedures have been approved under this section.

§ 505-49 Asbestos sources.

Asbestos abatement contractor licenses.

General. In addition to the accreditation and permit requirements under Subsections B and C, respectively, of this section, no person shall remove, encase, or encapsulate, or allow the removal, encasement, or encapsulation of, ACM in any facility subject to Subsection C of this section unless the person engaged in the removal, encasement, or encapsulation has been issued and currently holds a valid Annual Asbestos Abatement Contractor License, hereinafter referred to as "license," issued by the Department under this section.

License applications.

Properly completed applications for Licenses under this section, along with the appropriate fees, shall be submitted to, and received by, the Department, on forms approved by the Department, no later than 45 days prior to the proposed date of commencement of any proposed asbestos abatement activities proposed to be conducted by the applicant.

Properly completed applications for the annual renewal of Licenses under this section, along with the appropriate fees, shall be submitted to, and received by, the Department no later than 30 days prior to the date of expiration of the License proposed to be renewed.

License applications under this section shall be made on forms approved by the Department, signed by the applicant, and submitted in duplicate to: Asbestos Contractor License Applications, Allegheny County Health Department, Bldg. 3, 3901 Penn Ave., Pittsburgh, PA 15224-1345.

License applications under this section shall include all information necessary for the Department to determine full compliance with this chapter, including, but not limited to:

Name, mailing and street address, telephone number, and contact person of the applicant;

Verification that all employees of the applicant to be engaged in asbestos abatement have successfully complied with the accreditation requirements set forth in Subsection B of this section within the past 12 months;

Written standard operating procedures and employee protection plans implemented by all employees engaged in asbestos abatement activity;

Certification that employees engaged in asbestos abatement have been and will continue to be supplied with protective clothing and equipment, including but not limited to disposable whole body coveralls, hoods and boots, and respirators approved for asbestos protection; and

Citations or notices of violation issued or levied against the applicant by any federal, state, or local government agency for violations during or related to asbestos abatement activity in any jurisdiction during the prior three years.

License application fees. For each initial and annual renewal license application required under this section, the applicant shall submit to the Department a License application fee payable to the Allegheny County Air Pollution Control Fund. The amount of the fee shall be set by the Board of Health. Any fees approved by the Board of Health under the terms of this section shall not become effective until approved by the Allegheny County Council.

[Amended 7-7-2009 by Ord. No. 30-09]

Application amendments. During the Department review of an application under this section or the term of a license issued under this section, the applicant or license holder, as the case may be, shall notify the Department of any changes in the information provided to the Department in such application by no later than 30 days after such changes are effective.

Action on license applications.

Within 30 days after receiving an initial license application under this section, the Department will acknowledge receipt of the application and notify the applicant of all deficiencies in the application. A failure by the Department to acknowledge receipt or provide notice of completeness within such 30 days shall not prevent the Department from finding such application incomplete or from rejecting the application as failing to meet the requirements of this chapter.

Within 45 days after receiving a properly completed application under this section, including the appropriate fee, and all additional information subsequently required by the Department, the Department will take final action on such application. No license under this section shall be issued after a certain time because the Department has failed to take action on the application, nor shall any such license be issued by default.

Standards for issuance. The Department shall not issue an initial license or renew a license under this section unless a properly completed application, with the appropriate fee, has been submitted to, and received by the Department in accordance with this section, and such application demonstrates to the Department's satisfaction that the applicant has fully complied with, and has the ability to fully comply with, all applicable requirements under this chapter.

License term. Unless revoked by the Department under this chapter, a license issued under this section shall expire on either any expiration date identified on the issued license, or on December 31 of the year of issuance, whichever is later.

Rejection, suspension, and revocation.

The Department may, at any time, reject a license application under this section or suspend or revoke a License issued under this section if it determines that:

Any statement made in the license application or any submittal by the applicant to the Department is not true, or that material information has not been disclosed in the application or any such submittal;

The applicant or license holder has failed to comply with any requirements of this chapter, any requirements of any order issued under this chapter, or the terms and conditions of any permit under this chapter;

Any permit under which the applicant or license holder is conducting asbestos abatement activity has been revoked under this chapter based in whole or in part on actions, or a failure to act, on the part of the applicant or license holder; or

It has been denied lawful access to any premises upon which the applicant or license holder is engaged in asbestos abatement activity or to any records of the license holder to which it is authorized by § 505-78 of this chapter.

Rejected applications and revoked licenses can not be reconsidered or reissued. Consideration and issuance of new applications and licenses can only occur after submittal of a new application and fee in accordance with this section.

Reinstatement of a suspended license can only occur after the owner has, to the Department's satisfaction, corrected all problems and demonstrated an ability and willingness to comply with all requirements, and documented such corrections and demonstration to the Department.

Asbestos abatement accreditation requirements.

Certification.

No person shall: inspect for ACM; prepare an asbestos management plan; design or conduct an asbestos response action; conduct or supervise the removal, encasement, or encapsulation of asbestos, unless such person is in full compliance with all applicable accreditation requirements set forth in: § 206 of the federal Toxic Substances Control Act (TSCA), 15 USC § 2646, and the federal regulations promulgated thereunder at 40 CFR Part 763 Subparts E, F, and G, § 763.80 et seq., and appendices; and §§ 2104 and 2105 of the Pennsylvania Asbestos Occupations Accreditation and Certification Act, 63 P.S. §§ 2104 - 2105, and the state regulations promulgated thereunder by the Pa. Dept. of Labor and Industry (DOLI), all of which are hereby incorporated into this chapter by reference. Additions, revisions, or deletions to such federal and state regulations are incorporated into this chapter and are effective on the date established by the respective regulations, unless otherwise established by regulation under this chapter.

Documentation. No person shall engage in the removal, encasement, or encapsulation of ACM, or in the supervision of workers engaged in the removal, encasement, or encapsulation of ACM, for which a permit is required under this chapter unless said person has in their possession or at the asbestos abatement site office, and available for inspection upon request by any Health Department representative or law enforcement officer, during any asbestos abatement activity:

An original printed photocard issued by DOLI under Subsection B(1) of this section, or an original card or certificate issued by a course pursuant Subsection B(1) of this section which indicates the name and accreditation status of the training organization, the name of the certified worker or supervisor, the status and date of certification, and a certification number, all of which indicate compliance with Subsection B(1) above; and

A photo identification card (e.g., PA driver's license) if the documentation required by Subsection B(2)(a) above is not a photo I.D.

Asbestos abatement applicability, federal requirements, notices, and permits.

Applicability. This subsection and Subsection D apply to:

The removal, encasement, or encapsulation of ACM at a facility; and

The demolition of any facility.

Incorporation of federal regulations by reference. All federal asbestos abatement regulations adopted at Title 40, Code of Federal Regulations, Part 61, Subpart M, NESHAP's, 40 CFR 61.140 et seq. by the EPA are hereby incorporated into this chapter by reference. Additions, revisions, or deletions to such regulations adopted by the EPA are incorporated into this chapter and are effective on the date established by the federal regulations, unless otherwise established by regulation under this chapter. Notwithstanding the applicability provisions of the regulations incorporated under this subsection, the substantive requirements of this subsection apply to all activities that are subject to this section as set forth under Subsection C(1) above.

Asbestos bulk sampling and analysis. Bulk samples shall be analyzed to determine asbestos content:

By using, at a minimum, either polarized light microscopy (PLM) with point counting, supplemented, where necessary, by x-ray diffraction, as specified in Chapter 60 of the Allegheny County Source Testing Manual, entitled "Determination of Asbestos Content of Bulk Samples," or any other methods acceptable to the Department; and

By independent laboratories participating in the EPA's bulk asbestos sample quality assurance program, as specified in Chapter 60 of the Allegheny County Source Testing Manual, entitled "Determination of Asbestos Content of Bulk Samples."

Calculation of square feet of ACM.

For purposes of determining the amount of ACM in a facility to be demolished or the amount of ACM to be removed, encased, or encapsulated at a facility, the square feet of ACM on cylindrical facility components such as pipes shall be calculated using the following formula:

A = 0.02 (D) (L)
where A		=	The area of ACM to be removed, encased, or encapsulated in square feet;
	D		The outside diameter of the cylindrical facility component, including any ACM to be removed, encased, or encapsulated, insulation, coating, or covering, in inches; and
	L		The length of the cylindrical facility component from which, or on which, the ACM is to be removed, encased, or encapsulated, in inches,

and all calculations must be included in all required applications or notices.

Authority to determine and eliminate public health hazard.

In cases where the Department believes ACM is present in a facility in such a condition as to pose a potential public health hazard, the Department shall have the authority to issue an order requiring the facility owner or operator to have bulk samples of the suspected ACM collected and analyzed in accordance with Subsection C(3) of this section, and submit a copy of the laboratory results to the Department as expeditiously as possible.

If the Department determines, on the basis of any information available to it, that the presence and condition of ACM in a facility poses a public health hazard, the Department may issue an order pursuant to § 505-80 or 505-82 of this chapter requiring the facility owner or operator to immediately take such action as is necessary to eliminate such public health hazard.

Demolition notice. No person shall demolish, or allow the demolition, of any facility unless the owner of the facility proposed to be demolished has either:

Submitted to the Department, and the Department has received, by no later than 10 days prior to the beginning of the proposed demolition, if there is less than 260 linear feet of pipe with ACM and a total of less than 160 square feet of, or no, ACM present in the facility, a written notice which includes, at a minimum, the following information about the facility proposed to be demolished:

Names, mailing and street addresses, telephone numbers, and contact persons of the owner, and operator if not the owner, of the facility;

Name, mailing and street addresses, telephone number, and contact person of the person (e.g., contractor) to perform the demolition;

Exact location (e.g. street name and number) of the facility;

The age and prior and present usage of the facility;

Name, mailing and street addresses, telephone number, and contact person of the inspector, certified under § 505-49A(1) of this chapter, who performed the ACM inspection at the facility proposed to be demolished;

Copy of the documentation of the ACM Inspector's certification under § 505-49B(1) and Subsection C(6)(a)[5] of this subsection; and

Copy of the documentation of the results of the ACM inspection showing that no asbestos removal project permit is required prior to demolition due to the absence, or the presence of less than 260 linear feet of pipe with ACM and a total of less than 160 square feet, of ACM in the facility; or

Prior to the proposed demolition, if there are 260 linear feet or more of pipe with ACM or a total of 160 square feet or more of ACM present in the facility,

Submitted to the Department, and the Department has received, a properly completed asbestos abatement project permit (asbestos permit) application, with the appropriate fee, for any such permit required under Subsection C(8) of this section;

Been issued such permit; and

Removed all ACM in the facility and fully complied with all applicable provisions of this chapter and such permit.

Undersized project notice. No person shall conduct, or allow to be conducted, the removal, encasement, or encapsulation of ACM on less than 260 linear feet of pipe and a total of less than 160 square feet of ACM at any facility, unless the owner of the facility has submitted to the Department a properly completed notice under this section, and such notice has been received by the Department either at least 10 days prior to the start of such proposed abatement project or, for a project involving less than seven square feet of ACM, no later than 10 days after the completion of the project, or for a facility with a current Operating & Maintenance (O&M) Plan approved by the Department under this section, as part of the appropriate O&M Plan quarterly report, and includes, at a minimum, the following information about the facility and the proposed abatement project or the completed project:

Names, mailing and street addresses, telephone numbers, and contact persons of the owner, and operator if not the owner, of the facility;

Names, mailing and street addresses, telephone numbers, and contact persons of all persons preparing any asbestos management plans or designing any asbestos response actions for the facility related to the proposed project, and copies of the documentation of such persons' certifications under Subsection B of this section;

Exact location (e.g., street name and number) of the facility;

The age and prior and present usage of the facility;

Name, mailing and street addresses, telephone number, and contact person of the inspector, certified under Subsection B(1) of this section, who performed the ACM inspection at the facility, and a copy of the documentation of the ACM Inspector's certification under Subsection B(1);

Copy of the documentation of the results of the ACM inspection showing that no asbestos removal project permit is required due to the presence of ACM on less than 260 linear feet of pipe and a total of less than 160 square feet of ACM in the proposed project area and, for a facility without a current O&M Plan, including the proposed project, how many square feet of ACM has been removed or encapsulated at the facility in the past one-year period;

Detailed description of the types, amounts, and specific locations within the facility of all ACM to be removed, encased, or encapsulated, including maps, blueprints, and sketches where necessary;

Starting and completion dates and times for the removal, encasement, or encapsulation;

Specific work practices, procedures, and equipment to be utilized on this project to comply with the requirements of 40 CFR 61.145(c), the federal requirements for planned asbestos abatement renovation/maintenance operations as incorporated by reference under Subsection C(2) above;

Name, mailing and street addresses, telephone number, and contact person of the waste disposal firm transporting the asbestos-containing waste material from the project area to the waste disposal site; and

(k)

Name, mailing and street addresses, telephone number, and contact person of the waste disposal site where the asbestos-containing waste material will be disposed of.

Permits.

Generally. No person shall conduct, or allow to be conducted, the removal, encasement, or encapsulation of:

Either:

ACM on 260 linear feet or more of pipe or a total of 160 square feet or more of ACM at any facility; or

Any ACM at any facility without a current Operating & Maintenance (O&M) Plan approved by the Department under this section if the Department has determined that a permit is required as a result of recent multiple prior related projects, each involving the removal, encasement, or encapsulation of ACM on less than 260 linear feet of pipe and a total of less than 160 square feet of ACM at the same facility as the current project,

Unless:

The owner of the facility has submitted to the Department a properly completed asbestos abatement project permit (asbestos permit) application, on forms approved by the Department, with the appropriate fee, under this section;

Such permit has been issued; and

Such abatement is conducted in compliance with this chapter and such permit.

Posting. The notice of issuance of the permit required by this Subsection shall be posted in a conspicuous location immediately adjacent to the work area at all times during the set-up and conducting of the asbestos abatement project until the Department has accepted the results of all required final clearance inspections under this Part.

Application.

At least 10 working days prior to the proposed start of any asbestos abatement project requiring a permit under this subsection, the owner of the facility shall submit to the Department, and the Department shall receive, a properly completed Asbestos Permit application, on application forms provided by the Department, with the appropriate fee under Subsection C(8)(d) of this subsection, which includes all information necessary for the Department to determine that such proposed project will fully comply with all requirements of this chapter, including, but not limited to:

All information required to be included in undersized project notices under Subsection C(7) of this section;

A detailed description of decontamination enclosure systems to be utilized, including floor plans;

The specific sampling and analysis procedures to be utilized for the final clearance air sampling; and

The names, mailing and street addresses, telephone numbers, and contact persons of the firms conducting the final clearance air sampling and analysis.

A separate asbestos abatement permit, with its own application and fee, is required for each separate structure, installation, and building in which abatement activity is to be conducted, and for each different asbestos abatement contractor to conduct asbestos abatement activities.

Application fees. For all permit and operating and maintenance (O&M) plan applications required under this section, by the deadline for the submittal of such applications, the owner of the facility requiring such application shall submit to the Department an asbestos permit application fee, payable to the Allegheny County Air Pollution Control Fund, in an amount to be set by the Board of Health. Any fees approved by the Board of Health under the terms of this section shall not become effective until approved by Allegheny County Council.

[Amended 7-7-2009 by Ord. No. 30-09]

Standards for issuance.

The Department shall issue a permit or amended permit under this subsection only if:

The application for such permit was timely filed with the Department, along with the appropriate fee, and in all other respects fully complies with all applicable requirements of this chapter; and

On the basis of all information available to the Department, the Department determines that the applicant is able and intends to fully comply with all requirements of this chapter.

The Department shall not issue a permit under this subsection for any project which does not require a permit under this section, and no person shall apply, or allow the application, for a permit under this subsection for a project which does not require a permit under this section.

Permits shall only be issued to the owner of the site of the proposed project.

Action on applications. The Department will take one of the following actions on each application under this subsection:

Issuance of an asbestos permit or amended permit as applied for;

Issuance of an asbestos permit or amended permit with different or additional specific conditions deemed necessary by the Department to ensure compliance with all requirements of this chapter; or

Rejection of the application for failure to fully comply with the requirements of this chapter. Such denial of a request for a permit or amended permit shall include a written notice to the applicant of the specific deficiencies in the application.

Term of permits; permit extensions.

Unless revoked by the Department under this chapter, a permit issued under this section shall expire on either the project completion date identified in the application, any expiration date identified on the issued permit, or 365 days after the date of issuance, whichever is sooner.

Any request for the extension of the term of a permit, i.e. the extension of a permit expiration date, shall be in the form of an application for a permit amendment. Such an application can only be submitted on or before the current permit expiration date and must include:

A specific resumption date if work has ceased and will not recommence until after the current expiration date;

A specific new expiration date; and

The reason for the need for the extension.

No fee is required for a timely application submitted in compliance with Subparagraph B above, and the amended permit, if approved by the Department, shall be effective on the date of application.

In no case shall an expiration date of a permit be extended beyond 365 days after the date of initial issuance of such permit.

All applications for extensions received after the current expiration date and all applications requesting the extension of an expiration date beyond 365 days after the date of the initial issuance of a permit shall constitute applications for a new permit and shall be rejected unless accompanied by the appropriate fee and in full compliance with all requirements for such an application under this section. Such new permits, if approved, shall not be effective until issued.

An application for a new permit to continue a project after the expiration of a permit 365 days after the initial issuance of such permit shall only be for the asbestos abatement activity remaining to be done.

Permit amendments, other than solely for permit extensions.

No person shall remove, encase, or encapsulate, or cause to be removed, encased, or encapsulated, any ACM during asbestos abatement activities conducted under a permit under this section other than the ACM identified, by type, amount, and specific location within the facility, in the application and permit, unless for such additional ACM:

Where all of the additional ACM is located within the existing containment barriers under the current permit:

The owner of the facility has submitted to the Department a properly completed asbestos permit amendment application, including:

[A]

A detailed description of the types, amounts, and specific locations within the facility of all additional ACM to be removed, encased, or encapsulated, including maps, blueprints and sketches where necessary; and

[B]

The appropriate fee, under this section, in the amount of either the difference between the amount of the fee for the total amount of the ACM to be abated under the current permit plus the additional ACM to be removed, encased, or encapsulated, less the amount of the fee previously paid for the current permit, or $150, whichever is more;

Such permit amendment has been issued; and

Such abatement is conducted in compliance with this chapter and such amended permit; or

Where the additional ACM is located within the same facility under the current permit, but any portion of the additional ACM is located outside the existing containment barriers under the current permit:

The owner of the facility has submitted to the Department a separate properly completed new asbestos permit application, including:

[A]

All requirements for a permit application under this section except;

[B]

Such new permit has been issued; and

Such abatement is conducted in compliance with this chapter and such new permit.

In no case shall an amended permit act to extend the expiration date of a permit beyond 365 days after the date of initial issuance of such permit.

All applications for amendments received after the current expiration date and all applications for amendments including a new expiration date beyond 365 days after the date of the initial issuance of the current permit shall constitute applications for a new permit and shall be rejected unless accompanied by the appropriate fee and in full compliance with all requirements for such an application under this section. Such new permits, if approved, shall not be effective until issued.

Asbestos permit amendment applications may, in the sole discretion of the Department, be conditionally approved in the field or verbally over the phone, but such approval is automatically null and void unless:

By no later than 2:00 p.m. on the next Department business day, the owner of the facility has submitted to the Department a properly completed asbestos permit amendment application, including:

The appropriate fee, under this section, m the amount of either the difference between the amount of the fee for the total amount of the ACM to be abated under the current permit plus the additional ACM to be removed, encased, or encapsulated, less the amount of the fee previously paid for the current permit, or $150, whichever is more; and

A detailed description of all changes in work practices, procedures, and equipment at the facility, including maps, blueprints and sketches where necessary;

Such abatement is conducted in compliance with this chapter and such amended permit application as issued by the Department; and

Such permit amendment is subsequently issued by the Department.

Asbestos permit amendments under Subsection C(8)(h)[4] above not requiring any fee may, in the sole discretion of the Department, be tentatively approved in the field or verbally over the phone and finally approved by the issuance of a memo amendment by the Department to the site owner. Such asbestos abatement activities may proceed in accordance with such amendment following tentative approval, but only if:

Such abatement is conducted in compliance with this chapter and such amended permit application as issued by the Department; and

Such permit amendment is subsequently issued by the Department.

Rejection, suspension, and revocation.

The Department may, at any time, reject a permit or permit amendment application under this section or suspend or revoke a permit issued under this section if it determines that:

Any statement made in the application or any other submittal by the applicant to the Department is not true, or that material information has not been disclosed in the application or any such submittal;

The asbestos abatement project is not being conducted or will not be conducted, or the proposed project will not be conducted, in full compliance with all applicable provisions of this chapter and all applicable permits and orders;

Potential or actual emissions from the project or proposed project are potentially endangering, or are likely to potentially endanger, public health, safety or welfare;

It has been denied lawful access to the site as authorized by Article I of this chapter; or

A request for an alternative procedure does not include sufficient written details of the requested alternative procedure necessary for the Department to evaluate such procedure.

In no case shall the rejection, suspension, or revocation of any application or permit entitle the applicant or permit holder to any refund of any fee or part thereof.

The Department, solely in its discretion, may, in lieu of rejecting, suspending, or revoking an application or permit, and if sufficient information has been provided to the Department, issue a permit or amended permit with whatever conditions are necessary to ensure compliance with this chapter.

Permit conditions.

All information provided to the Department as part of the asbestos abatement permit or amendment application process constitutes conditions of the permit, if issued, unless:

The Department amends such conditions either in the permit or an amendment; or

Such conditions are not in compliance with any requirements of this chapter, unless:

An alternative procedure has been specifically applied for by the applicant; and

Such alternative procedure has been specifically approved by the Department.

Requests for waivers from requirement for ten-day advanced applications and notices.

The requirement to submit all permit applications and initial undersized project notices under this section at least 10 working days prior to the proposed start of any asbestos abatement project requiring such permit or notice under this Subsection may be waived by the Department, in the sole discretion of the Department, only where the applicant communicates to the Department specific verifiable information regarding an alleged emergency situation and the Department determines, in its sole discretion, on the basis of any information available to it, that an emergency exists that necessitates immediate asbestos abatement action to protect the public health, safety, or welfare.

No person shall apply for a waiver under this subsection, or allow the application for such a waiver, where no emergency exists that necessitates unmediate asbestos abatement action to protect the public health, safety, or welfare.

Operating and maintenance plans.

Upon submittal of a properly completed application, with the appropriate fee, in accordance with Subsection C(8)(c) and (d) above, and demonstrating compliance with Subsection C(7) above, the Department may, subject to Subsection C(8)(e) through (j) above, approve an Operating & Maintenance (O&M) Plan for multiple undersized asbestos abatement projects subject to Subsection C(7) of this section for a period not to exceed 365 days at a facility or multiple facilities located on contiguous, or nearly contiguous, properties and under common control.

Notwithstanding the requirements of Subsection C(8)(c)[4] of this section, an O&M plan can include asbestos abatement activity conducted by different asbestos abatement contractors.

For each ninety-day period following the approval of an O&M Plan, the owner of the facilities under such plan shall submit a written quarterly report to the Department, by no later than 30 days following the end of each ninety-day period, which consists of the applicable portions of the notices required under Subsection C(7) above for all projects started or completed during such ninety-day period.

Set-up and preparation notice. No person shall conduct, or allow to be conducted, the removal, encasement, or encapsulation of ACM at any facility, unless following completion of the full set-up and preparation of the work area, including the commencement and continuing maintenance of negative air pressure in the work area, but prior to the commencement of any actual removal, encasement, or encapsulation, the Department is notified of such completion of set-up and preparation. Such notice shall include the asbestos permit number, the names of the permit applicant and the licensed contractor, the street address and municipality of the project site, the name and phone number of the person submitting the notice, and the estimated date and time of the actual commencement of ACM removal, encasement, or encapsulation.

Asbestos abatement procedures.

Applicability. This section applies to all asbestos abatement projects required to have a permit under § 505-49C of this chapter.

Facility protection. No person shall conduct, or allow to be conducted, asbestos abatement activities at any facility unless:

Clearly identifiable signs with, and only with, the following specific warning, word for word, are posted at the facility, at eye level in a conspicuous location easily read by passersby, at all potential approaches to the work area, a sufficient distance from the work area to permit a person to read the sign and take the necessary protective measures to avoid potential exposure, from the commencement of preparation for the project until acceptance by the Department of all final clearance inspections for the work area:

"- DANGER - ASBESTOS -

- CANCER AND LUNG DISEASE HAZARD -

- AUTHORIZED PERSONNEL ONLY -

- RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA -"

Negative air pressure is maintained in the work area, the air outside the work area remains uncontaminated by asbestos fibers, and negative air pressure equipment is utilized to provide, at a minimum, one air change in the work area every 15 minutes, at all times, 24 hours per day, from the commencement of preparation for asbestos removal, encasement, or encapsulation until all requirements of this article have been met.

Decontamination outside the work area.

Any area outside of the work area which becomes contaminated as a result of the asbestos abatement activity shall be immediately decontaminated in accordance with all requirements of this article, including but not limited to the requirements for permit applications, fees, and permits. Such decontamination activities may, in the sole discretion of the Department, be determined by the Department to constitute emergency asbestos abatement activities under this article.

In addition to the requirements under Subsection D(3)(a) of this subsection, the contamination of any area outside of a work area as a result of asbestos abatement activity constitutes a breakdown at an air pollution source under this chapter requiring compliance with § 505-74C of this chapter.

Work area preparation. No person shall commence or continue, or allow the commencement or continuation of, the actual removal, encasement, or encapsulation of ACM unless:

All heating, ventilation, and air conditioning (HVAC) systems for the work area are completely shut down or isolated from the work area.

All movable objects are removed from the work area.

All remaining fixed objects in the work area are covered and enclosed with minimum six-mil plastic sheeting sealed with tape.

All openings, including but not limited to windows, corridors, doorways, skylights, ducts, and grilles are sealed off with minimum six-mil plastic sheeting sealed with tape.

All floor and wall surfaces are covered with minimum six-mil plastic sheeting sealed with tape, all floors with a minimum of two layers of six-mil plastic, so that plastic on floors overlaps the plastic on walls by a minimum of 12 inches.

Decontamination enclosure systems. No person shall commence or continue, or allow the commencement or continuation of, the actual removal, encasement, or encapsulation of ACM unless decontamination enclosure systems are provided, maintained, and properly utilized at all locations where persons or equipment enter or exit the work area.

Worker decontamination enclosure systems shall consist of three rooms separated by three-foot minimum air locks, with the second room from the work area being a shower room and the third room from the work area being a clean room.

Equipment decontamination enclosure systems shall consist of two rooms separated by a triple curtain, with the room adjacent to the work area being a wash room and the second room from the work area being a holding area directly connected or ramped to an enclosed truck or trailer for transportation.

These systems may consist of existing rooms outside of, but adjacent to, the work area, that are enclosed in plastic sheeting and are accessible from the work area. When existing rooms are not available, these systems must be constructed out of metal, wood, or plastic support as appropriate.

Entry to and exit from all airlocks and decontamination enclosure system chambers shall be through curtained doorways consisting of three sheets of overlapping polyethylene sheeting. One sheet shall be secured at the top and left side, the second sheet at the top and right side, and the third sheet at the top and left side. All sheets shall have weights attached to the bottom to ensure that the sheets hang straight and maintain a seal over the doorway when not in use. Any other design must be approved in advance by the Department as an alternative procedure.

Removal procedures. No person shall commence or continue, or allow the commencement or continuation of, the actual removal of ACM unless, at a minimum, except when the glovebag technique has been approved by the Department as an alternative procedure:

All ACM to be removed, being removed, and having been removed, has been wetted and saturated to the substrate with an amended water solution, using low pressure equipment capable of providing a fine spray mist, and is kept wet and saturated until it can be containerized for disposal, except where an alternative procedure has been approved by the Department in advance due to special circumstances (e.g., live electrical equipment, materials previously coated with an encapsulant) which prohibit the adequate use of such wetting methods.

All ACM to be removed, being removed, and having been removed, is handled in such a manner so as to prevent the release of any fibers from such ACM during such removal and disposal.

All ACM is removed in manageable sections capable of containerization in six-mil polyethylene bags and drums, and is so containerized at least once per eight-hour work shift.

All ACM is removed as intact sections or components and carefully lowered to the floor or containerized at elevated levels (e.g., on scaffolds) and carefully lowered to the ground, and no ACM removed from facility structures or components is dropped or thrown to the floor at any time.

Except where equivalent alternative procedures have been approved by the Department in advance, all ACM removed and asbestos-containing waste material is double-bagged in two six-mil polyethylene bags which are securely sealed to prevent accidental opening and leakage, not overfilled, and placed in drums for transportation to an authorized landfill; all bags and drums are sealed prior to removal from the work area and labeled in accordance with the requirements of 40 CFR 61.150(a)(1)(iv) and (v).

All oversize components containing or covered with ACM, which are removed intact but do not fit into drums, are wrapped in at least two layers of six-mil polyethylene sheeting and securely sealed for transport to the landfill.

After completion of the removal of ACM, all surfaces from which the ACM has been removed are wet cleaned to remove all visible residue.

Encapsulation procedures. No person shall commence or continue, or allow the commencement or continuation of, the actual encapsulation of ACM unless:

All damaged areas of existing ACM have been repaired with non-asbestos-containing substitutes.

All loose or hanging asbestos-containing materials have been removed in accordance with the requirements of this section.

All encapsulants are applied using airless spray equipment.

All penetrating-type encapsulants are applied to penetrate existing asbestos material uniformly to the substrate and to the depth specified by the manufacturer of the encapsulant.

All bridging-type encapsulants are applied to provide the manufacturer's specified number of inches of minimum dry film thickness over sprayed asbestos-containing surfaces.

Encapsulated asbestos-containing materials shall be clearly designated (e.g., labels, signs, floor plans, or color codes) in order to warm of the presence of asbestos.

Only non-clear and colored or tinted encapsulants are used.

Clean-up procedures. No person shall conduct, or allow to be conducted, any final clearance air sampling, or request, or allow to be requested, a final clearance inspection by the Department, until all ACM has been removed, encased, or encapsulated, in a work area, the following clean-up procedures and standards have been completed and achieved:

All visible accumulations of asbestos-containing material and asbestos contaminated debris are removed and containerized for disposal as required by this section; and

All objects and surfaces in the work area are wet cleaned, dried, vacuumed using HEPA vacuum equipment, and continue to be wet/dry cleaned until there is no visible residue of any kind in the work area, and all rags, mops, and sponges used in the clean-up have been disposed of as asbestos-containing waste material.

Lock-down procedures. No person shall apply, or allow the application of, any material to lock-down any object or surface in a work area prior to the results of a final clearance inspection for such area being accepted by the Department unless:

Subsection h above has been fully complied with; and

Only clear, colorless material is used.

Clearance air sampling. No person shall request, or allow to be requested, a final clearance inspection by the Department, until clearance air sampling has been conducted for the work area in accordance with this section, and no person shall conduct, or allow to be conducted, any final clearance air sampling unless:

All ACM has been removed, encased, or encapsulated, in the work area, and the work area has been cleaned up, all in accordance with the requirements of this section.

At least five samples of air per the first 5,000 square feet of work area plus one sample per each additional 5,000 square feet of work area, or one sample of air per room, whichever is greater, is collected and analyzed in accordance with the requirements of this subsection.

Unless specifically directed by the Department, all clearance air sampling and analysis required under this section shall only be conducted in accordance with either:

The National Institute for Occupational Safety and Health (NIOSH)/Center for Disease Control (CDC) Standard Analytical Method for Asbestos in Air P&CAM 239 or Method 7400 (PCM), as approved in advance by the Department;

Transmission electron microscopy, as approved in advance by the Department; or

Such other method approved by both the EPA and the Department in advance.

Asbestos abatement project clearance air sampling and analysis shall be conducted by an independent consulting company or laboratory which is trained and experienced in the appropriate procedures for collecting and analyzing such air samples and which is proficient in the NIOSH Proficiency Analytical Testing (PAT) Program.

Aggressive sampling is conducted, a minimum volume of 1,500 liters of air per sample is collected when utilizing Method 7400, and a minimum of 3,000 liters of air per sample is collected when utilizing P&CAM 239.

The airborne concentrations of asbestiform fibers detected in each sample is less than 0.01 fiber per cubic centimeter of air.

In lieu of compliance with Subsection D(10)(b) through (f) of this subsection, clearance air sampling and analysis is conducted in accordance with the procedures set forth in the federal regulation regarding asbestos-containing materials in schools, at 40 CFR 763.80 et seq., and such sampling and analysis demonstrates a level of asbestos contamination of no more than a level which determines completion of a response action under such regulations.

The clearance air sampling laboratory analysis is retained on-site at the asbestos abatement project work area for review and a copy is provided to the Department no later than the time of its scheduled final clearance inspection.

Final clearance inspection.

No person shall remove containment barriers, fail to continue to maintain negative air pressure at a project work area, or reopen the work area to the public, or allow any such removal, failure, or reopening, until such time as the Department has accepted the results of a final clearance inspection or reinspection for such work area.

Final clearance inspections shall be requested by either the licensed asbestos abatement contractor or the air monitoring or sampling firm for the project and scheduled in advance with the Department in accordance with procedures set forth by the Department's Asbestos Abatement Section.

The results of a final clearance inspection can not be accepted by the Department until such time that such inspection indicates that:

All clean-up and clearance air sampling requirements of this article have been complied with; and

There is no asbestos-containing waste material or visible residue remaining on any surface or object in the work area.

If the results of a final clearance inspection are not acceptable to the Department:

The Department will indicate the deficiencies which must be remedied; and

A request for a final clearance reinspection shall be submitted to the Department in accordance with the Department's procedures for scheduling initial final clearance inspections. All requests to schedule a final clearance reinspection shall include the submittal to the Department of:

A final clearance reinspection application, on a form approved by the Department; and

A final clearance reinspection fee payable to the Allegheny County Air Pollution Control Fund. The amount of the fee shall be set by the Board of Health. Any fees approved by the Board of Health under the terms of this section shall not become effective until approved by the Allegheny County Council.

[Amended 7-7-2009 by Ord. No. 30-09]

No person, including but not limited to owners, general contractors, asbestos abatement contractors, air monitoring or sampling firms, and their representatives, shall request or schedule a final clearance inspection or reinspection, or allow such an inspection or reinspection to be requested or scheduled, with the Department, until such time as:

All clean-up and clearance air sampling requirements of this article have been complied with; and

There is no asbestos-containing waste material or visible residue remaining on any surface or object in the work area.

A failure to pass a final clearance inspection or reinspection constitutes a violation of Subsection D(11)(e) of this subsection.

Disposal procedures.

All asbestos-containing materials, asbestos-containing waste materials, asbestos contaminated materials, including, but not limited to, sealing tape and plastic, disposable clothing, respirator filters, mop heads, sponges, and rags, shall, at least once per eight-hour work shift and prior to removal from the work area, be placed in leaktight containers and properly sealed and labeled, for transportation to and disposal at approved landfills.

All such leaktight containers shall be labeled in accordance with the requirements of 40 CFR 61.150(a)(1)(iv) and (v).

Alternative forms of containerization may only be approved under the alternative procedures provisions of this article and upon a satisfactory demonstration that they are equivalent in terms of asbestos containment.

Double-bagged material may be carefully removed from drums at the landfill site for disposal and the drums cleaned for re-use, provided the bags are intact.

Asbestos-containing waste materials with sharp-edged components (e.g., nails, screws, metal lath, tin sheeting) which may tear the double six-mil polyethylene bags and sheeting, shall be placed into drums for disposal together with the drum.

Asbestos-containing waste materials which cannot be placed in leaktight containers, shall be adequately wetted, wrapped in two layers if six-mil polyethylene, securely sealed, and transported from the work site to the disposal site in an enclosed truck.

Asbestos-containing waste materials shall be placed on the ground at the disposal site, not pushed or thrown out of trucks.

All asbestos-containing waste materials shall be transported directly to the approved landfill. Temporary storage at any location outside the project work area for more than eight hours is prohibited.

All disposal receipts, trip tickets, transportation manifests and/or other documentation of transportation and disposal of the asbestos-containing waste materials shall be maintained and shall be made available to the Department, upon request, for inspection and copying.

All asbestos waste transportation vehicles shall be licensed in accordance with Department Rules and Regulations, Article VIII, Solid Waste and Recycling Management, and shall comply with all applicable PA Dept. of Transportation regulations.

Alternative procedures.

The Department may, on a case-by-case basis, approve an alternative procedure to be followed on a specific asbestos abatement project in lieu of a requirement of this section, only if the requested alternative procedure is submitted as part of a permit or permit amendment application to the Department in writing, and demonstrates to the Department's satisfaction that:

The proposed alternative procedure is equivalent, in terms of asbestos control, to the requirements in this section; or

Strict compliance with the requirements of this section are unreasonable or impossible in the particular circumstances involved, and the proposed alternative procedure will minimize, to the maximum extent possible, the potential for the public's exposure to asbestos fibers.

Failure to fully comply with the requirements of Subsection D(13)(a) above or to include sufficient written details of the requested alternative procedure necessary for the Department to evaluate such procedure will result in the rejection of the request for an alternative procedure.

Approval to institute an alternative procedure in lieu of a requirement of this section must be received, in writing, from the Department prior to the use of such alternative procedure.

Asbestos abatement activity subject to this section involving specific activities such as, but not limited to: the use of glove-bags; the removal, encasement, or encapsulation of floor tile; the removal, encasement, or encapsulation of ACM from the exterior of a structure; or the removal, encasement, or encapsulation of ACM which will not become friable or potentially at any time during the encapsulation, encasement, or removal and disposal activities, must fully comply with all requirements of this article unless specific alternative procedures have been approved under this article.

Asbestos abatement activity subject to this section involving specific activities such as, but not limited to, the use of:

Any heating equipment or machines; or

High-pressure air, liquid, or solids, for preparation, wetting, removal, control, or clean-up are prohibited unless specifically approved as alternative procedures under this article.

In no case shall compliance with this section or any alternative procedure approved by the Department under this chapter exempt any solid waste hauler from the requirements to comply with all other federal, state, county, and local solid waste transportation regulations.

§ 505-50 Miscellaneous VOC sources.

Petroleum refineries.

Specific sources.

Wastewater separators. No person shall cause or permit the use of any compartment of any single or multiple compartment volatile organic compound wastewater separator which compartment receives effluent water containing 200 gallons a day or more of any VOC from equipment processing, refining, treating, storing, or handling VOC's unless such compartment is equipped with one of the following vapor loss control devices, properly installed, in good working order, and in operation, as follows:

A container having all openings sealed and totally enclosing the liquid contents. All gauging and sampling devices shall be gas-tight except when gauging or sampling is taking place; or

A container equipped with a floating roof, consisting of a pontoon-type roof, double-deck-type roof, or internal floating cover, which will rest on the surface of the contents and be equipped with a closure seal or seals to close the space between the roof edge and container wall. All gauging and sampling devices shall be gas tight except when gauging or sampling is taking place.

Pumps and compressors. All pumps and compressors handling VOC's with a vapor pressure of greater than 1.5 psi at actual conditions shall have mechanical seals. For the purpose of determining vapor pressure, a temperature no greater than 100° F (37.8° C) shall be used.

Vacuum-producing systems. Vacuum producing systems shall conform with the following:

No person shall operate, or allow to be operated, a vacuum-producing system at a petroleum refinery in such manner that there are any emission of VOC's from the condensers, hot wells, or accumulators of the system; and

The emission limit under Subsection A(1)(c)[1] of this subsection shall be achieved by one of the following:

Piping the vapors to a firebox or a incinerator;

Compressing the vapors and adding them to the refinery fuel gas; or

iii. Any method approved by the Department which recovers no less than 90% by weight of uncontrolled VOC's that would otherwise be emitted to the atmosphere.

Process unit turnarounds. Purging of VOC's during depressurization of reactors, fractionating columns, pipes, or vessels during unit shutdown, repair, inspection, or start-up shall be performed in such a manner as to direct the VOC's to a fuel gas system, flare, or vapor recovery system until the internal pressure in such equipment reaches 19.7 psia.

Fugitive sources.

The owner or operator of a petroleum refinery shall:

Develop and conduct a monitoring program consistent with the provisions of Subsection A(2)(d), (e) and (f) of this subsection.

Record leaking refinery components which have a VOC concentration exceeding 10,000 ppm when tested in accordance with the provisions of Article VII of this chapter, relating to emissions of VOC's, and place an identifying tag on each refinery component consistent with the provisions of Subsection A(2)(f).

Repair and retest the leaking refinery components as soon as possible. Every reasonable effort shall be made to repair each leak within 15 days unless a refinery unit shutdown is required to make the necessary repair.

Identify leaking refinery components which cannot be repaired until the unit is shutdown for turnaround.

No person shall install or operate, or allow the installation or operation of, a valve at a petroleum refinery at the end of a pipe or line containing VOC's unless the pipe or line is sealed with a second valve, a blind flange, a plug, or a cap, except for safety pressure relief valves and fittings on valves one inch or smaller. The sealing device may be removed only when a sample is being taken or during maintenance operations.

Pipeline valves and pressure relief valves in gaseous VOC service shall be marked in some manner that will be readily obvious to both refinery personnel performing monitoring and the Department.

Any person operating, or allowing the operation of, a petroleum refinery shall conduct a monitoring program consistent with the following requirements:

Check yearly, by methods referenced in Article VII of this chapter, pump seals and pipeline valves in liquid service.

Check quarterly by methods referenced in Article VII of this chapter, compressor seals, pipeline valves in gaseous service, and pressure relief valves in gaseous service.

Check monthly, by visual methods, all pump seals.

Check within 24 hours, by methods referenced in Article VII of this chapter, pump seal from which VOC liquids are observed to be dripping.

Check, by methods referenced in Article VII of this chapter, relief valve within 24 hours after it has vented to the atmosphere.

Check within 24 hours after repair, by methods referenced in Article VII of this chapter, refinery component that was found leaking.

Pressure relief devices which are connected to an operating flare header, vapor recovery devices, inaccessible valves, storage tank valves, and valves that are not externally regulated are exempt from the monitoring requirements in Subsection A(2)(d).

Any person operating, or allowing the operation of, a petroleum refinery, upon the detection of a leaking refinery component, shall affix a weatherproof and readily visible tag, bearing an identification number and the date upon which the leak is located to the leaking refinery component. This tag shall remain in place until the leaking refinery component is repaired.

Any person operating, or allowing the operation of, a petroleum refinery shall maintain a leaking refinery components monitoring log which shall contain, at a minimum, the following data:

The name and process unit where the refinery component is located.

The type of refinery component, for example, valve, seal.

The tag number of refinery component.

The dates on which the leaking refinery component was discovered and repaired.

The date and instrument reading of the recheck procedure after a leaking refinery component was repaired.

A record of the calibration of the monitoring instrument.

Those leaks that cannot be repaired until turnaround.

The total number of refinery components checked and the total number of refinery components found leaking.

Copies of the monitoring log shall be retained by the owner or operator for two years after the date on which the record was made or the report was prepared, whichever is later.

Copies of the monitoring log shall immediately be made available to the Department for inspection and copying, upon verbal or written request, at any reasonable time.

The person operating, or allowing the operation of, a petroleum refinery, within 30 days following the end of each calendar year, shall:

Submit a written report to the Department for such calendar year that lists all leaking refinery components that were located during such year but not repaired within 15 days, all leaking refinery components awaiting unit turnaround as of the end of the year, the total number of refinery components inspected, and the total number of refinery components found leaking.

Submit a signed statement with the report attesting to the fact that, with the exception of those leaking refinery components listed in Subsection A(2)(j)[1], monitoring and repairs were performed as stipulated in the monitoring program.

(k)

The owner or operator of a petroleum refinery may submit an alternative plan for the control of leaks from petroleum refinery equipment to the Department. If the Department finds that the alternative plan will achieve an emission reduction which is equivalent to or greater than the reduction which can be achieved under this section and that the alternative plan is as enforceable as this section, then the Department will allow the implementation of this alternative plan.

(l)

The owner or operator of a petroleum refinery may submit to the Department a list of refinery components the inspection of which would involve a significant element of danger. The Department may exempt the refinery components on this list from the requirements of this section if it is demonstrated to the satisfaction of the Department that a significant element of danger exists which cannot be reasonably eliminated and that these exemptions will not result in a significant reduction in the effectiveness in the control of VOC emissions.

Pharmaceutical products.

Manufacture of synthesized pharmaceutical products. This subsection applies to synthesized pharmaceutical manufacturing sources.

Any person who operates, or allows the operation of, a synthesized pharmaceutical manufacturing source subject to this subsection shall control the VOC emissions from reactors, distillation operations, crystallizers, centrifuges, and vacuum dryers that emit 15 pounds per day or more of VOC's. Surface condensers or equivalent controls shall be used and if:

Surface condensers are used, the condenser outlet gas temperature shall not exceed:

Minus 25° C. when condensing VOC's of vapor pressure greater than 5.8 psi when measured at 68° F.

Minus 15° C. when condensing VOC's of vapor pressure greater than 2.9 psi when measured at 68° F.

0° C. when condensing VOC's of vapor pressure greater than 1.5 psi when measured at 68° F.

10° C. when condensing VOC's of vapor pressure greater than one psi when measured at 68° F.

25° C. when condensing VOC's of vapor pressure greater than 0.5 psi when measured at 68° F.

Equivalent controls are used, the VOC emissions shall be reduced by an equivalent or greater amount than would be required in Subsection B(1)(a)[1] of this subsection.

Any person who operates, or allows the operation of, a synthetic pharmaceutical manufacturing source subject to this section shall reduce the VOC emissions from air dryers and production equipment exhaust systems:

By at least 90% if uncontrolled emissions are 220 pounds per day per day) or more of VOC's; or

To 33 pounds per day or less if uncontrolled emissions are less than 220 pounds per day of VOC's.

Any person who operates, or allows the operation of, a synthesized pharmaceutical manufacturing source subject to this section shall enclose centrifuges, rotary vacuum filters, and other filters having an exposed liquid surface, where the liquid contains VOC's and exerts a total VOC vapor pressure of 0.5 psi or more at 20° C.

Any person who operates, or allows the operation of, a synthesized pharmaceutical source subject to this section shall install covers on in-process tanks containing a VOC at any time. These covers shall remain closed except during production, sampling, maintenance or inspection procedures that require operator access.

Any person who operates, or allows the operation of, a synthesized pharmaceutical manufacturing source subject to this section shall repair leaks from which a liquid, containing VOC's, can be observed running or dripping. The repair shall be completed the first time the equipment is off-line for a period of time long enough to complete the repair.

Pharmaceutical tablet coating. This subsection applies to pharmaceutical tablet coating at pharmaceutical manufacturing sources that emit greater than 50 tons of VOC's per year.

Any person who operates, or allows the operation of, any pharmaceutical manufacturing source subject to this subsection shall control VOC emissions from pharmaceutical tablet coating equipment that has a potential to emit more than 33 pounds per day of VOC's. VOC emissions from such equipment shall be reduced:

By at least 90% overall on a daily basis, if uncontrolled VOC emissions are 330 pounds per day or more; or

To 33 pounds per day, or less, if uncontrolled VOC emissions are less than 330 pounds per day.

Carbon adsorption or incineration shall be used to effect compliance with Subsection B(2)(a) of this subsection. Control equipment shall be installed, operated, and maintained consistent with the manufacturers specifications and recommendations.

Any person who operates, or allows the operation of, any affected pharmaceutical tablet coating source shall demonstrate compliance by:

Certifying in writing to the Department that the appropriate control equipment is in place and in use, including compliance with applicable installation permit and operating license requirements;

Providing the Department, upon request, with certified written analyses of all tablet coatings in place and in use. The analyses shall include determinations of VOC content and solids content and any other determinations requested by the Department. Analyses shall be provided by the owner-operator of the source, the manufacturer of the coating solution, or an independent laboratory acceptable to the Department;

Maintaining VOC purchasing, inventory, and daily consumption records such that the Department can determine compliance;

Maintaining daily operating records for all equipment connected to the VOC control equipment;

Maintaining the appropriate control equipment in a manner consistent with manufacturer's specifications and recommendations; and

Maintaining daily operating, inspection, and maintenance records for VOC control equipment in a manner approved by the Department.

Any person who operates, or allows the operation of, any affected pharmaceutical tablet coating source shall maintain copies of all manufacturer's specifications and recommendations for VOC control equipment operated at the source, all records of operations, inspections, and maintenance required under Subsection B(2)(c) and (d) of this subsection, and all other records that are necessary for the Department to determine compliance. These records shall be retained at the source for a period of at least two years and shall be made available to the Department for inspection and copying upon request.

Any person who operates, or allows the operation of, any affected pharmaceutical tablet coating source shall submit reports to the Department summarizing information on daily operations, inspections, and maintenance activities, and such other information as is required by the Department to determine compliance, on a schedule and in a form and manner as prescribed by the Department.

Manufacture of pneumatic rubber tires.

This section applies to pneumatic rubber tire manufacturing sources. For purposes of this section, pneumatic rubber tire manufacturing means the production of pneumatic rubber passenger-type tires on a mass production basis. Passenger-type tires are agricultural, airplane, industrial, mobile home, light- or medium-duty truck, or passenger vehicle tires with bead diameters up to 20 inches and cross-sectional dimensions up to 12.8 inches. With prior written approval from the Department, the production of specialty tires for antique or other vehicles when produced on an irregular basis or with short production runs and when produced on equipment separate from normal production lines for passenger-type tires are exempt from the requirements of this section.

Any person who operates, or allows the operation of, an undertread cementing, tread-end cementing, or bead dipping operation subject to this section shall:

Install and operate a capture system designed to achieve maximum reasonable capture, of at least 85% by weight of VOC's emitted, from undertread cementing, tread-end cementing, and bead dipping operations. Maximum reasonable capture shall be consistent with the following documents:

Industrial Ventilation, A Manual of Recommended Practices, 14th Edition, American Federation of Industrial Hygienists.

Recommended Industrial Ventilation Guidelines, United States Department of Human Services National Institute of Occupational Safety and Health.

Install and operate a control device that meets the requirements of one of the following:

A carbon adsorption system designed and operated in a manner so that there is at least a ninety-five-percent removal of VOC's by weight from the gases ducted to the control device.

An incineration system that reduces VOC's by at least 90%.

Any person who operates, or allows the operation of, a green-tire spraying operation subject to this section shall implement one of the following means of reducing VOC emissions:

Substitute water-based sprays for the normal solvent-based mold release compound.

Install a capture system designed and operated in a manner that will capture and transfer at least 90% of the VOC's emitted by the green-tire spraying operation to a control device that meets the requirements in Subsection C(2)(b) of this section.

Notwithstanding the other provisions of this section, the Department may allow a pneumatic rubber tire manufacturing source to implement permanent and enforceable measures including recordkeeping and reporting requirements, which are approved by the Department and the EPA as RACT.

Municipal solid waste landfills.

[Added 7-15-1997, effective 8-15-1997]

Applicability. The provisions of this subsection apply to each municipal solid waste landfill that commenced construction, reconstruction or modification before May 30, 1991, and has accepted waste at any time since November 8, 1987, or has additional design capacity available for future waste deposition. Physical or operational changes made to an existing municipal solid waste landfill solely to comply with this subsection are not considered construction, reconstruction, or modification and would not subject an existing municipal solid waste landfill to the requirements of New Source Performance Standards for Municipal Solid Waste Landfills.

The provisions of this subsection are in addition to any applicable New Source Performance Standards for Municipal Solid Waste Landfills, or any other Pennsylvania Department of Environmental Protection or Allegheny County permit requirements.

Definitions of all terms used, but not defined in this subsection, have the meaning given them in 40 CFR Part 60, Subpart WWW, as amended. Terms not defined therein shall have the meaning given to them in the federal Clean Air Act, 40 CFR Part 60, Subparts A and B, or this chapter. For the purposes of these rules, "Administrator" shall mean the Director of the Allegheny County Health Department of his designated representative.

Each municipal solid waste landfill meeting the conditions of Subsection D(4)(a) of this subsection shall comply with all of the applicable standards, requirements and provisions of 40 CFR Part 60, Subpart WWW, as amended, which are herein incorporated by reference with the exceptions as follows:

Standards for air emissions from municipal solid waste landfills. The provisions of 40 CFR 60.752 are applicable with the exception of the following:

In lieu of 40 CFR 60.752(a)(2), the following provision applies; When an increase in the maximum design capacity of a landfill exempted from the provisions of 40 CFR 60.752(b) through 40 CFR 60.759 on the basis of the design capacity exemption in 40 CFR 60.752(a) results in a revised maximum design capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic meters, the owner or operator shall comply with the provisions of 40 CFR 60.752(b) through 40 CFR 60.759

In lieu of 40 CFR 60.752(b)(2)(i)(B), the following provision applies: The collection and control system design plan shall include any alternatives to the operational standards, test methods, procedures, compliance measures, monitoring, recordkeeping or reporting provisions of 40 CFR 60.753 through 40 CFR 60.758 proposed by the owner or operator. In addition, the collection and control design plan must specify:

The date by which contracts for control system/process modifications shall be awarded, (which shall be no later than 20 months after the date the NMOC emissions rate is first calculated to meet or exceed 50 megagrams per year);

The date by which on-site construction or installation of the air pollution control device(s) or process changes will begin (which shall be no later than 24 months after the date the NMOC emission rate is first calculated to meet or exceed 50 megagrams per year); and

The date by which the construction or installation of the air pollution control devices or process changes will be complete.

In lieu of 40 CFR 60.752(b)(2)(ii), the provisions of Subsection D(4)(a)[3][a] and [b] below shall apply:

Install and operate a collection and control system capable of meeting the requirements of 40 CFR 60.752(b)(2) within 30 months after the date the NMOC emission rate is first calculated to meet or exceed 50 megagrams per year, unless Tier 2 or Tier 3 calculations demonstrate that the NMOC emission rate is less than 50 megagrams per year, as specified in 40 CFR 60.757(c)(1) or (2).

The provisions of 40 CFR 60.752(b)(2)(ii)(A) and (B) apply as stated therein.

Operational standards for collection and control systems. The provisions of 40 CFR 60.753 apply as stated therein.

Test methods and procedures. The provisions of 40 CFR 60.754 apply as stated therein with the exception of 40 CFR 60.754(c), which does not apply.

Compliance provisions. The provisions of 40 CFR 60.755 apply as stated therein.

Monitoring of operations. The provisions of 40 CFR 60.756 apply as stated therein.

Reporting requirements. The provisions of 40 CFR 60.757 apply as stated therein with the exception of the following:

In lieu of 40 CFR 60.757(a)(1) the following provision applies: The initial design capacity report shall be submitted by the effective date of this subsection plus 90 days.

In lieu of 40 CFR 60.757(b)(1)(i), the following provision applies: The initial NMOC emission rate report shall be submitted by the effective date of this subsection plus 90 days and may be combined with the initial design capacity report required in 40 CFR 60.757(a). Subsequent NMOC emission rate reports shall be submitted annually thereafter, except as provided for in 40 CFR 60.757(b)(1)(ii) and 40 CFR 60.757(b)(3).

Recordkeeping requirements. The provisions of 40 CFR 60.758 apply as stated therein.

Specifications for active collection systems. The provisions of 40 CFR 60.759 apply as stated therein.

Control of VOC emissions from large appliance and metal furniture surface coating processes.

[Added 5-4-2010 by Ord. No. 10-10]

Applicability. Beginning January 1, 2011, this subsection applies to the owner or operator of a large appliance or metal furniture surface coating process, where the total actual VOC emissions from all large appliance or metal furniture surface coating operations, including related cleaning activities, at that facility are equal to or greater than 15 pounds (6.8 kilograms) per day or 2.7 tons (2,455 kilograms) per twelve-month rolling period. The limits from § 505-44A and Table 2105.10 no longer apply to the large appliance and metal furniture surface coating process as of January 1, 2011.

Limitations. A person may not cause or permit the emission into the outdoor atmosphere of VOCs from a large appliance or metal furniture surface coating process unless one of the following limitations is met:

The VOC content of each as-applied coating is equal to or less than the standard specified in Table 2105.77.

The VOC content of the as-applied coating, expressed in units of weight of VOC per volume of coating solids, shall be calculated as follows:

VOC = (W_o)(D_c)/V_n
Where:
	VOC	=	VOC content in lb VOC/gal of coating solids
	W_o	=	Weight percent of VOC (W_v - W_w - W_ex)
	W_v	=	Weight percent of total volatiles (100% - weight percent solids)
	W_w	=	Weight percent of water
	W_ex	=	Weight percent of exempt solvent(s)
	D_c	=	Density of coating, lb/gal, at 25° C.
	V_n	=	Volume percent of solids of the as-applied coating

The VOC content of a dip coating, expressed in units of weight of VOC per volume of coating solids, shall be calculated on a thirty-day rolling average basis using the following equation:

			Σ_i (W_oi x D_ci x Q_i) + Σ_J (W_oJ x D_dJ x Q_J)
	VOC_A	=
			Σ_i (V_ni x Q_i)

Where:
	VOC_A	=	VOC content in lb VOC/gal of coating solids for a dip coating, calculated on a 30-day rolling average basis
	W_oi	=	Percent VOC by weight of each as-supplied coating (i) added to the dip coating process, expressed as a decimal fraction (that is 55% = 0.55)
	D_ci	=	Density of each as-supplied coating (i) added to the dip coating process, in pounds per gallon
	Q_i	=	Quantity of each as-supplied coating (i) added to the dip coating process, in gallons
	V_ni	=	Percent solids by volume of each as-supplied coating (i) added to the dip coating process, expressed as a decimal fraction
	W_oJ	=	Percent VOC by weight of each thinner (J) added to the dip coating process, expressed as a decimal fraction
	D_dJ	=	Density of each thinner (J) added to the dip coating process, in pounds per gallon
	Q_J	=	Quantity of each thinner (J) added to the dip coating process, in gallons

The VOC content limits of Subsection E(2)(a)[1] and [2] may be met by averaging the VOC content of materials used on a single surface coating process line each day (i.e., daily within-coating unit averaging).

Sampling and testing shall be done in accordance with the procedures and test methods specified in Part G (Methods).

The overall weight of VOCs emitted to the atmosphere is reduced through the use of vapor recovery or incineration or another method which is acceptable under § 505-44A (equivalent compliance techniques). The overall efficiency of a control system, as determined by the test methods and procedures specified in Part G, shall be no less than 90% as calculated by the following equation:

90% = (1 - E/V) x 100
Where:
	V	=	The VOC content of the as-applied coating, in lb VOC/gal of coating solids
	E	=	The Table 2105.77 limit for large appliances and metal furniture surface coatings in lbs VOC per gallon of coating solids

A combination of the methods listed in Subsection E(2)(a) and (b).

Records.

A facility, regardless of the facility's annual emission rate, which contains large appliance or metal furniture surface coating processes, shall maintain records sufficient to demonstrate compliance with this subsection. At a minimum, a facility shall maintain daily records of:

The following parameters for each coating, thinner and other component as supplied:

The coating, thinner or component name and identification number.

The volume used.

The mix ratio.

The density or specific gravity.

The weight percent of total volatiles, water, solids and exempt solvents.

The volume percent of solids, Table 2105.77 for large appliances or metal furniture, for each coating used in the surface coating process.

The VOC content of each coating, thinner and other component as supplied.

The VOC content of each as-applied coating.

The records shall be maintained for two years and shall be submitted to the Department on a schedule reasonably prescribed by the Department.

Exempt solvents. The solvents methyl chloroform (1,1,1-trichloroethane) and methylene chloride are exempt from control under this subsection. No large appliance or metal furniture surface coating process which seeks to comply with this subsection through the use of an exempt solvent may be included in any alternative standard approved pursuant to this article.

Application techniques. A person may not cause or permit the emission into the outdoor atmosphere of VOCs from the application of large appliance or metal furniture surface coatings unless the coatings are applied using one or more of the following coating application methods:

Electrostatic spraying.

Roller coating.

Flow coating.

Dip coating, including electrodeposition.

High volume-low pressure (HVLP) spraying.

Brush coating.

Other coating application method that the person demonstrates and the Department determines achieves emission reductions equivalent to HVLP or electrostatic spray application methods.

Emission limitations. If more than one emission limitation in Table 2105.77 for large appliances or metal furniture applies to a specific coating, the least stringent emission limitation applies.

Exempt other. The VOC coating content standards in Table 2105.77 for large appliances or metal furniture do not apply to a coating used exclusively for stencil coatings, safety-indicating coatings, solid-film lubricants, electric-insulating coatings, thermal-conducting coatings, touch-up and repair coatings, coating applications using hand-held aerosol cans, coatings used exclusively for determining product quality and commercial acceptance, and other small-quantity coatings if the coating meets the following criteria:

The quantity of coating used does not exceed 50 gallons per year for a single coating and a total of 200 gallons per year for all coatings combined for the facility.

The owner or operator of the facility requests, in writing, and the Department approves, in writing, the exemption prior to use of the coating.

Housekeeping. The following work practices for coating-related activities and cleaning materials apply to the owner or operator of a large appliance or metal furniture surface coating process:

Store all VOC-containing coatings, thinners, coating—related waste materials, cleaning materials and used shop towels in closed containers.

Ensure that mixing and storage containers used for VOC-containing coatings, thinners, coating-related waste materials and cleaning materials are kept closed at all times except when depositing or removing these materials.

Minimize spills of VOC-containing coatings, thinners, coating—related waste materials and cleaning materials, cleaning up spills immediately.

Convey VOC-containing coatings, thinners, coating—related waste materials and cleaning materials from one location to another in closed containers or pipes.

Minimize VOC emissions from cleaning of storage, mixing and conveying equipment.

Table 2105.77
Emission Limits of VOCs for Large Appliance and Metal Furniture Surface Coatings
Weight of VOC per Volume of Coating Solids
			Baked		Air Dried
Surface Coating Process Category			kg/l	lb/gal	kg/l	lb/gal
1.	Large appliance coating
	(a)	General, one component	0.40	3.3	0.40	3.3
	(b)	General, multi-component	0.40	3.3	0.55	4.5
	(c)	Extreme high gloss	0.55	4.62	0.55	4.5
	(d)	Extreme performance	0.55	4.62	0.55	4.62
	(e)	Heat resistant	0.55	4.62	0.55	4.62
	(f)	Metallic	0.55	4.62	0.55	4.62
	(g)	Pretreatment coatings	0.55	4.62	0.55	4.62
	(h)	Solar absorbent	0.55	4.62	0.55	4.62
2.	Metal furniture coating
	(a)	General, one component	0.40	3.3	0.40	3.3
	(b)	General, multi-component	0.40	3.3	0.55	4.5
	(c)	Extreme high gloss	0.61	5.06	0.55	4.5
	(d)	Extreme performance	0.61	5.06	0.61	5.06
	(e)	Heat resistant	0.61	5.06	0.61	5.06
	(f)	Metallic	0.61	5.06	0.61	5.06
	(g)	Pretreatment coatings	0.61	5.06	0.61	5.06
	(h)	Solar absorbent	0.61	5.06	0.61	5.06

Control of VOC emissions from flat wood paneling coating processes.

[Added 5-4-2010 by Ord. No. 10-10]

Applicability. Beginning January 1, 2011, this subsection applies to the owner or operator of a flat wood paneling coating process, where the total actual VOC emissions from all flat wood panel surface coating operations, including related cleaning activities, at the facility are equal to or greater than 15 pounds (6.8 kilograms) per day or 2.7 tons (2,455 kilograms) per twelve-month rolling period.

Limitations. A person may not cause or permit the emission into the outdoor atmosphere of VOCs from a flat wood paneling coating process, unless one of the following limitations is met:

The VOC content of each as-applied coating is equal to or less than 2.9 pounds VOC per gallon of coating solids (0.35 kg VOC per liter of coating solids).

The VOC content of each as-applied coating, expressed in units of weight of VOC per volume of coating solids, shall be calculated as follows:

VOC = (W_o)(D_c)/V_n
Where:
	VOC	=	VOC content in lb VOC/gal of coating solids
	W_o	=	Weight percent of VOC (W_v - W_w - W_ex)
	W_v	=	Weight percent of total volatiles (100% - weight percent solids)
	W_w	=	Weight percent of water
	W_ex	=	Weight percent of exempt solvent(s)
	D_c	=	Density of coating, lb/gal, at 25° C.
	V_n	=	Volume percent of solids of the as-applied coating

The VOC content of a dip coating, expressed in units of weight of VOC per volume of coating solids, shall be calculated on a thirty-day rolling average basis using the following equation:

			Σ_i (W_oi x D_ci x Q_i) + Σ_J (W_oJ x D_dJ x Q_J)
	VOC_A	=
			Σ_i (V_ni x Q_i)

Where:
	VOC_A	=	VOC content in lb VOC/gal of coating solids for a dip coating, calculated on a 30-day rolling average basis
	W_oi	=	Percent VOC by weight of each as-supplied coating (i) added to the dip coating process, expressed as a decimal fraction (that is 55% = 0.55)
	D_ci	=	Density of each as-supplied coating (i) added to the dip coating process, in pounds per gallon
	Q_i	=	Quantity of each as-supplied coating (i) added to the dip coating process, in gallons
	V_ni	=	Percent solids by volume of each as-supplied coating (i) added to the dip coating process, expressed as a decimal fraction
	W_oJ	=	Percent VOC by weight of each thinner (J) added to the dip coating process, expressed as a decimal fraction
	D_dJ	=	Density of each thinner (J) added to the dip coating process, in pounds per gallon
	Q_J	=	Quantity of each thinner (J) added to the dip coating process, in gallons

The VOC content limits of Subsection F(2)(a)[1] and [2] maybe met by averaging the VOC content of materials used on a single-surface coating process line each day (i.e., daily within-coating unit averaging).

Sampling and testing shall be done in accordance with the procedures and test methods specified in Part G (Methods).

90% = (1 - E/V) x 100
Where:
	V	=	The VOC content of the as applied coating, in lb VOC/gal of coating solids
	E	=	Limit of 2.9 lbs VOC per gallon of coating solids (0.35 kg VOC per liter of coating solids)

A combination of the methods listed in Subsection F(2)(a) and (b).

Records.

A facility, regardless of the facility's annual emission rate, which contains flat wood paneling coating processes, shall maintain records sufficient to demonstrate compliance with this subsection. At a minimum, a facility shall maintain daily records of:

The following parameters for each coating, thinner, and other component as supplied:

The coating, thinner or component name and identification number.

The volume used.

The mix ratio.

The density or specific gravity.

The weight percent of total volatiles, water, solids and exempt solvents.

The volume percent of solids for each coating used in the flat wood paneling coating process.

The VOC content of each coating, thinner and other component as supplied.

The VOC content of each as-applied coating.

The records shall be maintained for two years and shall be submitted to the Department on a schedule reasonably prescribed by the Department.

Exempt solvents. The solvents methyl chloroform (1,1,1-trichloroethane) and methylene chloride are exempt from control under this subsection. No flat wood paneling coating process which seeks to comply with this subsection through the use of an exempt solvent may be included in any alternative standard approved pursuant to this article.

Application techniques. A person may not cause or permit the emission into the outdoor atmosphere of VOCs from the flat wood paneling coatings unless the coatings are applied using one or more of the following coating application methods:

Electrostatic spraying.

Airless coating.

Curtain coating.

Roller coating.

Flow coating.

Dip coating, including electrodeposition.

High volume-low pressure (HVLP) spraying.

Hand brush or roller coat.

Other coating application method that the person demonstrates and the Department determines achieves emission reductions equivalent to HVLP or electrostatic spray application methods.

Exempt other. The VOC coating content standard of 2.9 pounds VOC per gallon of coating solids (0.35 kg VOC per liter of coating solids) do not apply to a coating used exclusively for stencil coatings, touch-up and repair coatings, coating applications using hand-held aerosol cans, air atomized sprays that apply cosmetic specialty coatings, if the volume of the cosmetic specialty coatings is less than 5% by volume of the total coating used at the source or to apply finial repair coatings, coatings used exclusively for determining product quality and commercial acceptance and other small-quantity coatings if the coating meets the following criteria:

The quantity of coating used does not exceed 50 gallons per year for a single coating and a total of 200 gallons per year for all coatings combined for the facility.

The owner or operator of the facility requests, in writing, and the Department approves, in writing, the exemption prior to use of the coating.

Housekeeping. The following work practices for coating-related activities and cleaning materials apply to the owner or operator of a flat wood paneling coating process:

Store all VOC-containing coatings, thinners, coating—related waste materials, cleaning materials and used shop towels in closed containers.

Minimize spills of VOC-containing coatings, thinners and coating—related waste materials and cleaning materials, cleaning up spills immediately.

Convey VOC-containing coatings, thinners, coating—related waste materials and cleaning materials from one location to another in closed containers or pipes.

Minimize VOC emissions during cleaning of storage, mixing, and conveying equipment.

Control of VOC emissions from paper, film, and foil surface coating processes.

[Added 5-4-2010 by Ord. No. 10-10]

Applicability. Beginning January 1, 2011, this subsection applies to the owner or operator of a paper, film, and foil surface coating process, where the total actual VOC emissions from all paper, film, and foil surface coating operations, including related cleaning activities, at that facility are equal to or greater than 15 pounds (6.8 kilograms) per day or 2.7 tons (2,455 kilograms) per twelve-month rolling period. The limits from § 505-44A and Table 2105.10 no longer apply to the paper, film, and foil surface coating process as of January 1, 2011.

Limitations. A person may not cause or permit the emission into the outdoor atmosphere of VOCs from a paper, film, and foil surface coating process unless one of the following limitations is met:

The VOC content of each as-applied coating is equal to or less than the standard specified in Table 2105.79.

The VOC content of the as-applied coating, expressed in units of weight of VOC per weight of coating solids, shall be calculated as follows:

VOC_B = (W_o)/(W_n)
Where:
	VOC_B	=	VOC content in lb VOC/lb of coating solids
	W_o	=	Weight percent of VOC (W_v - W_w - W_ex)
	W_v	=	Weight percent of total volatiles (100%-weight percent solids)
	W_w	=	Weight percent of water
	W_ex	=	Weight percent of exempt solvents
	W_n	=	Weight percent of solids of the as-applied coating

The VOC content of a dip coating, expressed in units of weight of VOC per weight of coating solids, shall be calculated on a thirty-day rolling average basis using the following equation:

			Σ_i (W_oi x D_ci x Q_i) + Σ_J (W_oJ x D_dJ x Q_J)
	VOC_A	=
			Σ_i (W_ni x D_ci x Q_i)

Where:
	VOC_A	=	VOC content in lb VOC/lb of coating solids for a dip coating, calculated on a 30-day rolling average basis
	W_oi	=	Percent VOC by weight of each as-supplied coating (i) added to the dip coating process, expressed as a decimal fraction (that is 55% = 0.55)
	D_ci	=	Density of each as-supplied coating (i) added to the dip coating process, in pounds per gallon
	Q_i	=	Quantity of each as-supplied coating (i) added to the dip coating process, in gallons
	W_ni	=	Percent solids by weight of each as-supplied coating (i) added to the dip coating process, expressed as a decimal fraction
	W_oJ	=	Percent VOC by weight of each thinner (J) added to the dip coating process, expressed as a decimal fraction
	D_dJ	=	Density of each thinner (J) added to the dip coating process, in pounds per gallon
	Q_J	=	Quantity of each thinner (J) added to the dip coating process, in gallons

The VOC content limits of Subsection G(2)(a)[1] and [2] may be met by averaging the VOC content of materials used on a single surface coating process line each day (i.e., daily within-coating unit averaging).

Sampling and testing shall be done in accordance with the procedures and test methods specified in Part G (Methods).

90% = (1-E/V) x 100
Where:
	V	=	The VOC content of the as-applied coating, in lb VOC/lb of coating solids
	E	=	The Table 2105.79 limit for paper, film, and foil surface coating in lbs VOC per lbs of coating solids

A combination of the methods listed in Subsection G(2)(a) and (b).

Records.

A facility, regardless of the facility's annual emission rate, which contain paper, film, and foil surface coating processes, shall maintain records sufficient to demonstrate compliance with this subsection. At a minimum, a facility shall maintain daily records of:

The following parameters for each coating, thinner and other component as supplied:

The coating, thinner or component name and identification number.

The volume used.

The mix ratio.

The density or specific gravity.

The weight percent of total volatiles, water, solids and exempt solvents.

The volume percent of solids, Table 2105.79, for paper, film, and foil, for each coating used in the surface coating process.

The VOC content of each coating, thinner and other component as supplied.

The VOC content of each as-applied coating.

The records shall be maintained for two years and shall be submitted to the Department on a schedule reasonably prescribed by the Department.

Exempt solvents. The solvents methyl chloroform (1,1,1-trichloroethane) and methylene chloride are exempt from control under this subsection. No paper, film, and foil surface coating process which seeks to comply with this subsection through the use of an exempt solvent may be included in any alternative standard approved pursuant to this article.

Application techniques. A person may not cause or permit the emission into the outdoor atmosphere of VOCs from the application of paper, film, and foil surface coatings unless the coatings are applied using one or more of the following coating application methods:

Rotogravure (web-fed gravure).

Reverse roll coating.

Slot die coating.

Knife coating.

Flexographic coating.

Mayer rod or wire-wound rod coating.

Dip and squeeze coating.

Extrusion coating, including calendaring.

Emission limitations. If more than one emission limitation in Table 2105.79 for paper, film, and foil surface coating applies to a specific coating, the least stringent emission limitation applies.

Exempt other. The VOC coating content standards in Table 2105.79 for paper, film, and foil surface coatings do not apply to a coating used exclusively stencil coatings, touch-up and repair coatings, coating applications using hand-held aerosol cans, coatings used exclusively for determining product quality and commercial acceptance and other small-quantity coatings if the coating meets the following criteria:

The quantity of coating used does not exceed 50 gallons per year for a single coating and a total of 200 gallons per year for all coatings combined for the facility.

The owner or operator of the facility requests, in writing, and the Department approves, in writing, the exemption prior to use of the coating.

Housekeeping. The following work practices for coating-related activities and cleaning materials apply to the owner or operator of a paper, film, and foil surface coating process:

Store all VOC-containing coatings, thinners, coating-related waste materials, cleaning materials and used shop towels in closed containers.

Minimize spills of VOC-containing coatings, thinners, coating-related waste materials and cleaning materials, cleaning up spills immediately.

Convey VOC-containing coatings, thinners, coating-related waste materials and cleaning materials from one location to another in closed containers or pipes.

Minimize VOC emissions from cleaning of storage, mixing and conveying equipment.

Table 2105.79
Emission Limits of VOCs for Paper, Film, and Foil Surface Coatings
Weight of VOC per Weight of Solids or Coating Applied
		Solids Applied kg VOC/kg solids	Coating Applied kg VOC/kg coatings
Surface Coating Process Category		(lb VOC/lb solids)	(lb VOC/lb coatings)
1.	Pressure-sensitive tape and label	0.20	0.067
2.	Paper, film, and foil (not including pressure-sensitive tape and label)	0.40	0.08

Consumer products.

[Added 3-20-2012 by Ord. No. 6-12]

Incorporation by reference. Except as otherwise specifically provided under this subsection, this subsection shall be applied consistent with the provisions of the state regulation for consumer products promulgated under the Air Pollution Control Act at 25 Pa. Code §§ 130.201 through 130.471, which are hereby incorporated by reference into this chapter. Additions, revisions, or deletions to such regulation by the commonwealth are incorporated into this chapter and are effective on the date established by the state regulations, unless otherwise established by regulation under this chapter.

For the purposes of 25 Pa. Code § 130.391, Required reporting of information to the Department, "Department" shall mean Department as defined under this chapter.

For the purposes of 25 Pa. Code § 130.392, Confidentiality, "Section 13.2 of the Air Pollution Control Act (35 P.S. § 4013.2)" shall mean § 505-7D(4) of this chapter.

Variances. Variances of compliance pursued under 25 Pa. Code §§ 130.201 through 130.471 shall be submitted to and issued by the Pennsylvania Department of Environmental Protection.

§ 505-51 Transportation-related sources.

Gasoline volatility.

Applicability. This section applies to gasoline which is sold or transferred into or within Allegheny County during the period May 1 through September 15, 1998, and continuing during the same period every year thereafter.

Compliant fuel requirements.

No refiner, importer, distributor, reseller, or carrier may:

Sell, exchange or supply gasoline that is not a compliant fuel during the period described in Subsection A(1).

Blend, mix, store or transport or allow blending, mixing, storing or transporting of compliant fuel with noncompliant fuel during the period described in Subsection A(1).

No retailer or wholesale purchaser-consumer may sell, exchange, or supply gasoline that is not a compliant fuel during the period June 1 through September 15, 1998, and continuing during the same period every year thereafter.

Federal Law. If RFG is required by operation of federal law to be sold in Allegheny County, this section will no longer apply after the date that RFG is required to be sold.

Recordkeeping and reporting.

Beginning with the terminal owner or operator who sells or transfers gasoline intended for use in Allegheny County during the period described in Subsection A(1), each time the physical custody of or title to a shipment of gasoline changes hands other than when gasoline is sold or transferred for use in motor vehicles at a retail outlet or wholesale purchaser-consumer's facility, the transferrer shall provide to the transferee a copy of the record described in this subsection. Said record shall legibly and conspicuously contain, at a minimum, the following information:

The date of the sale or transfer.

The name and address of the transferrer.

The name and address of the transferee.

The location of the gasoline at the time of transfer.

The volume of gasoline which is being sold or transferred.

A statement or grade code certifying that the gasoline has an RVP of 7.8 pounds per square inch or less per gallon or is certified as RFG. If the gasoline is certified as RFG, each invoice, loading ticket, bill of lading, delivery ticket and other document that accompanies a shipment of RFG shall contain a statement from the refiner that certifying said information.

Any person who transports, stores, or sells compliant fuel that is intended for use in Allegheny County during the period described in Subsection A(1) shall segregate the compliant fuel from noncompliant fuel and shall have in their possession documentation described in Subsection A(4)(a) accompany the compliant fuel at all times.

Each person in the gasoline distribution network shall maintain records containing the compliance information listed in Subsection A(4)(a). These records shall be retained for at least two years from the date of the sale or transfer of compliant fuel.

Labeling. During the period from June 1 to September 15 each year, and at all times when dispensing of dean fuels is required under this section, all retail gasoline dispensing facilities shall prominently display on each gasoline pump a label with the following statements and conditions:

"Cleaner Gas", and "JUNE 1 - SEPT 15."

"RVP" if low RVP gasoline is being dispensed, "RFG" if RFG gasoline is being dispensed, or "RVP/RFG" if a mixture of these gasolines is being dispensed.

The letters "RVP" and/or "RFG" shall be a minimum of 5/16 inch in height; all other letters and numbers shall be a minimum of 1/4 inch in height.

The letters "RVP" shall be printed in green, the letters "RFG" shall be printed in blue, and all the other letters shall be printed in black. The label background shall be white.

Sampling and test methods. Sampling and testing for the volatility of gasoline shall be performed according to the applicable procedures established § 505-72.

School bus idling.

[Added 8-31-2004 by Ord. No. 30-04]

Applicability. This subsection applies to the operation of every heavy-duty diesel-powered school bus.

General.

No school bus driver shall cause or allow the engine of any school bus subject to this subsection to idle prior to, during layover between, at the destination of, or at the conclusion of any trip or route for more than five consecutive minutes, except under the conditions described in Subsection B(3) below.

No school bus driver shall cause or allow the engine of a school bus subject to this subsection to be accelerated while idling, unless such action is taken in order to operate other equipment.

A school bus driver shall not park or idle a bus within 100 feet from a known and active school air intake system, unless the school district has determined that alternative locations block traffic, impair student safety or are not cost-effective.

Exemptions. This subsection does not apply for the period or periods during which idling is necessary under the following circumstances:

Traffic conditions:

For traffic conditions over which the driver has no control;

For an official traffic control device or signal; or

At the direction of a uniformed police officer or one of those persons authorized to direct traffic by the Vehicle Code, 67 Pa. Code § 101.2.

Queuing at a school: where the physical configuration of a school requires a queue of buses for the sequential discharge or pickup of students, and the queue of buses is actively engaged in the discharge or pickup of students.

Turbo-charged diesel engine cool-down or warmup: when the manufacturer's specifications require more time than the five-minute limitation in Subsection B(3)(a) above, to cool down or warm up a turbo-charged diesel engine.

Cold/Hot weather:

If the outside temperature is less than 40° F., the idling is allowed for a period or periods aggregating not more than 20 minutes in any sixty-minute period; or

If the outside temperature is greater than 75° F., and the bus is equipped with air conditioning, then idling is allowed for a period or periods aggregating not more than 20 minutes in any sixty-minute period.

Safety and emergencies:

To ascertain that the school bus is in safe operating condition and equipped as required by all provisions of law, and all equipment is in good working order, either as part of the driver's daily vehicle inspection, or as otherwise needed;

To operate the flashing signal lamps and/or stop sign arm devices;

To operate defrosters or other equipment to ensure the safe operation of the vehicle, or as otherwise required by federal or state motor carrier safety regulations, or other local requirements;

To operate a heater or an air conditioner of a bus that has, or will have, one or more children aboard with temperature-sensitive disabilities;

To operate a lift or other piece of equipment designed to ensure safe loading, unloading, or transport of persons with one or more disabilities; or

Use of school bus as an emergency vehicle.

Maintenance of operations:

For testing, servicing, repairing, or diagnostic purposes; or

To recharge a battery or other energy storage unit of a hybrid electric bus.

Signage. Each school bus distribution center shall erect and maintain in a conspicuous location a permanent sign(s) that is at least 12 inches by 18 inches in size indicating:

This school bus idling regulation in succinct language; and

The amount of money a violator will be fined.

Training. A motor carrier of a school bus shall ensure that the school bus driver, upon employment and at least once per year thereafter, is informed of the requirements of this subsection and of the consequences of not complying with those requirements.

Penalties. Notwithstanding the provisions of Article I of this chapter, violators of this subsection are subject to:

A warning for the first offense;

A penalty of $100 for the second offense; or

A penalty of $500 for the third offense, and any subsequent offenses.

Enforcement. Notwithstanding any other provision of this chapter, the prohibitions of this subsection may be enforced by any municipal or local government unit having jurisdiction over the place where the idling occurs. Such enforcement shall be in accordance with the laws governing such municipal or local government unit and the Pennsylvania Air Pollution Control Act. In addition, the Department may pursue the remedies provided by § 505-80 of this chapter for any violation of this subsection.

Relationship to other laws. Nothing in this subsection allows idling in excess of other applicable law, including, but not limited to, any local ordinance or requirement as stringent as, or more stringent than, this subsection.

Diesel-powered motor vehicle idling.

[Added 6-7-2005 by Ord. No. 31-05]

Applicability. This subsection applies to the operation of every heavy-duty diesel-powered motor vehicle, except school buses.

General.

No driver shall cause or allow the engine of any heavy-duty diesel-powered motor vehicle subject to this subsection to idle prior to, during layover between, at the destination of, or at the conclusion of any trip or route for more than five consecutive minutes, except under the conditions described in Subsection C(3) below.

No driver shall cause or allow the engine of any heavy-duty diesel-powered motor vehicle subject to this subsection to be accelerated while idling, unless such action is taken in order to operate a vehicle-mounted accessory or service equipment.

Exemptions. This subsection does not apply for the period or periods during which idling is necessary for:

Traffic conditions:

For traffic conditions over which the driver has no control;

For an official traffic control device or signal; or

At the direction of a uniformed police officer or one of those persons authorized to direct traffic by the Vehicle Code, 67 Pa. Code § 101.2.

Boarding and discharging passengers:

When vehicles intended for commercial passenger transportation are boarding or discharging passengers; or

When vehicles intended for transporting people with disabilities are boarding or discharging passengers.

Queuing: when a vehicle, situated in a queue of other vehicles, must intermittently move forward to perform work or a service, and when shutting the vehicle engine off would impede the progress of the queue and be impracticable.

Turbo-charged diesel engine cool-down or warmup: when the manufacturer’s specifications require more time than the five-minute limitation in Subsection C(2)(a) above, to cool down or warm up a turbo-charged diesel engine.

Cold/Hot weather:

If the outside temperature is less than 40º F., then idling is allowed for a period or periods aggregating not more than 20 minutes in any sixty-minute period; or

If the outside temperature is greater than 75º F. and a vehicle is equipped with air conditioning, then idling is allowed for a period or periods aggregating not more than 20 minutes in any sixty-minute period.

Notwithstanding Subsection C(3)(e)[1] and [2], in order to supply heat or air conditioning necessary for the comfort of passengers, a vehicle intended for commercial passenger transportation may idle for up to 10 minutes prior to passenger boarding and any time passengers are onboard.

The Department may, upon request of an owner or manager of a bus terminal, approve alternate limits for warm-up of buses stored outdoors at the terminal when the temperature is below 40º F. Such plan shall include enforceable time limits that minimize bus idling.

Sleeping: when idling is necessary to power a heater, air conditioner, or any ancillary equipment during sleeping and resting in a truck cab or sleeper berth.

Safety and emergencies:

To verify that the vehicle is in safe operating condition and equipped as required by all provisions of law, and all equipment is in good working order, either as part of the driver's daily vehicle inspection, or as otherwise needed;

To operate defrosters, or other equipment to ensure the safe operation of the vehicle, or as otherwise required by federal or state motor carrier safety regulations, or other local requirements; or

Use of vehicle as an emergency vehicle.

Operability and maintenance:

To provide power for vehicle-mounted accessory or service equipment; or

When being operated by a mechanic for testing, servicing, repairing, or diagnostic purposes.

Penalties. Notwithstanding the provisions of Article I of this chapter, violators of this subsection are subject to:

A warning for the first offense;

A penalty of $100 for the second offense;

A penalty of $500 for the third offense, and any subsequent offenses.

Enforcement. Notwithstanding any other provisions of this chapter, the prohibitions of this subsection may be enforced by any municipal or local government unit having jurisdiction over the place where the idling occurs. Such enforcement shall be in accordance with the laws governing such municipal or local government unit and the Pennsylvania Air Pollution Control Act. In addition, the Department may pursue the remedies provided by § 505-80 of this chapter for any violation of this subsection.

In-use off-road diesel powered mobile equipment engine idling.

[Added 4-6-2010 by Ord. No. 5-10]

Applicability.

This subsection applies to any person or business that owns or operates any diesel-fueled off-road compression ignition vehicle engine with maximum power of 25 horsepower (hp) or greater that is used to provide motive power in any vehicle that:

Is not designed to or cannot be registered and driven safely on-road; and

Is not an implement of husbandry.

Vehicles with engines subject to this subsection are used in construction, mining, rental, landscaping, recycling, landfilling, manufacturing, warehousing, composting, airport ground support equipment, industrial, and other operations. This subsection does not apply to locomotives, commercial marine vessels, marine engines, recreational vehicles, or military equipment. This subsection also does not apply to stationary or portable equipment, or equipment or vehicles used in agricultural operations, or equipment at ports or intermodal railyards. Off-road diesel vehicles owned and operated by an individual for personal, noncommercial purposes are exempt from the provisions of this subsection.

General.

No vehicles or engines subject to this subsection may idle for more than five consecutive minutes, except as permitted under Subsection D(3);

Idling of a vehicle that is owned by a rental company is the responsibility of the renter or lessee; and

Equipment subject to this subsection must be located away from sensitive receptors, such as building fresh air intakes, to the extent possible.

Exemptions. The idling limit does not apply to:

Idling necessary to ensure the safe operation of the equipment, including idling to verify that the equipment is in safe operating condition and equipped as required by all provisions of law, and all equipment is in good working order, either as part of the daily equipment inspection, or as otherwise needed.

Idling required to bring the machine system to operating temperature;

Idling for testing, servicing, repairing, or diagnostic purposes;

Engine operation necessary to accomplish work for which the equipment was designed (such as operating a crane);

Idling necessary for the operator's physical well being while accomplishing such work;

Idling when queuing, i.e., when an off-road vehicle, situated in a queue of other vehicles, must intermittently move forward to perform work or a service, and when shutting the vehicle engine off would impede the progress of the queue and be impractical. This does not include the time an operator may wait motionless in line in anticipation of the start of a workday or opening of a location where work or a service will be performed; and

Idling by any vehicle being used in an emergency or public safety capacity.

Waiver. An equipment owner may apply to the Department for a waiver to allow additional idling beyond five minutes. The equipment owner must provide justification as to why such idling is necessary.

Signage. At job sites with posted workplace notices where 10 or more pieces of equipment subject to this subsection are used, or at any other location where 10 or more pieces of such equipment are stored or operated, the owner of such equipment must prominently display signage informing equipment operators of the requirements of this subsection and the penalties for noncompliance.

Penalties. Notwithstanding the provisions of Article IX, Enforcement, of this chapter, violations of this subsection are subject to:

A penalty of $100 for the first offense.

A penalty of $500 for the second offense, and any subsequent offenses.

Enforcement.

Notwithstanding any other provisions of this chapter, the prohibitions of this subsection may be enforced by any municipal or local government unit having jurisdiction over the place where the idling occurs. Such enforcement shall be in accordance with the laws governing such municipal or local government unit and the Pennsylvania Air Pollution Control Act. In addition, the Department may pursue the remedies provided by § 505-79 of this chapter for any violation of this subsection.

For the purpose of inspecting off-road equipment to determine compliance with these regulations, an inspector of the Department has the right to enter any facility where off-road equipment is located.

Relationship to other law. Nothing in this subsection allows idling in excess of other applicable law, including, but not limited to, any local ordinance or requirement as stringent as, or more stringent than, this subsection.

§ 505-52 NOx sources.

[Added 3-31-1998]

NO_x allowance requirements.

Purpose. This section requires compliance with the PaDEP NO_x budget and NO_x allowance trading program for NO_x affected sources located in Allegheny County and subject to 25 Pa Code Sections 123.101 through 123.120 and Appendix A, for the purpose of achieving the health based ozone ambient air quality standard.

Initial NO_x allowance NO_x allocations.

The sources located in Allegheny County and listed in Pa Title 25, Appendix A are subject to the requirements of this section. These sources are allocated NO_x allowances for the 1999-2002 NO_x allowance control periods as listed in the Appendix. Except as provided in Pa Title 25, 123.120 (relating to audit), if no allocation is specified for the NO_x allowance control periods beyond 2002, the current allocations continue indefinitely.

Any source, even if not listed in Appendix A, but which are granted allowances by PaDEP pursuant to § 123, are subject to NO_x allowance requirements of this section.

Source NO_x allowance requirements. The owner or operator of each NO_x affected source shall, no later than December 31 of each calendar year, hold a quantity of NO_x allowances meeting the requirements of 25 Pa Code Section 123.110(A) in the source's current year NATS account that is equal to or greater than the total NO_x emitted from that year's NO_x allowance control period. The initial NO_x allowance control period begins on May 1, 1999.

Source authorized account representative requirements.

The owner or operator of an NO_x affected source shall submit to the Department for each source account the name of the authorized account representative and one alternate as submitted to PaDEP. Initial designations shall be submitted to the department 30 days after ___.[1]An authorized account representative may be replaced or, for a new NO_x affected source, designated with the submittal of a new Account Certificate of Representation.

Editor's Note: The blank refers to the effective date 30 days after adoption of this proposal.

The Account Certificate of Representation shall be signed by the authorized account representative for the NO_x affected source and contain, at a minimum, the following:

Identification of the NO_x affected source by plant name, state and fossil fired indirect heat transfer combustion unit number for which the certification of representation is submitted.

The name, address, telephone and facsimile number of the authorized account representative and the alternate.

A list of owners and operators of the NO_x affected source.

The verbatim statement, "I certify that I, (name) ____, was selected as the Authorized Account Representative by an agreement binding on the owners and operators of the NO_x affected source legally designated as (name of facility)."

Source compliance requirements

For each year, the authorized account representative for the NO_x affected source shall submit an annual compliance certification to the Department.

The compliance certification shall be submitted no later December 31 of each year.

The compliance certification shall contain, at a minimum, the following:

An identification of the NO_x affected source, including the name, address, the name of the authorize account representative and the NATS account number.

A statement indicating whether or not emissions data has been submitted in accordance with 25 Pa Code 123.108.

A statement indicating whether or not the affected source held sufficient NO_x allowances, as determined in 25 Pa Code 123.110 (a), in its compliance account for the NO_x allowance control period.

A statement indicating whether or not the monitoring plan which governs the NO_x affected source was followed when monitoring the actual operation of the affected source.

A statement indicating that all emissions from the NO_x affected source were accounted for, either through the applicable monitoring or through the application of the appropriate missing data procedures.

A statement indicating whether there were any changes in the method of operation of the NO_x affected source or the method of monitoring of the NO_x affected source during the current year.

Reporting requirements.

In addition to meeting the requirements of 25 Pa Code 123.109, the authorized account representative for each NO_x affected source shall submit to the Department, electronically in a format which meets the requirements of the EPA's electronic data reporting convention, emissions and operations information for each calendar quarter of each year.

In addition to meeting the requirements of 25 Pa. Code § 123.109, upon permanent shutdown, NO_x affected sources may be exempted from the requirements of this section after receiving written Department approval of a request filed by the authorized account representative for the NO_x affected source which identifies the source and date of shutdown.

NO_x allowance transfer procedures. Within 30 days of an approved transfer by the PaDEP, the NO_x affected source will report the following information to Allegheny County:

The account number identifying both the originating account and the acquiring account.

The name and address associated with the owners of the originating account and the acquiring account.

The identification of the serial numbers for each NO_x allowance being transferred.

The designated amount of NO_x allowances being transferred.

Failure to meet source compliance requirements.

Failure by the NO_x affected source to hold in its compliance account, for any NO_x allowance control period, as of the NO_x allowance transfer deadline, sufficient NO_x allowances equal to or exceeding actual emissions for the NO_x allowance control period (May 1 through September 30) as specified under 25 Pa. Code § 123.102 (relating to source allowance requirements and NO_x allowance control period) shall result in a NO_x allowance deduction from the NO_x affected source's compliance account at the rate of three NO_x allowances for every one ton of excess emissions. If sufficient allowances meeting the requirements of 25 Pa. Code § 123.110(a) (relating to source compliance requirements) are not available, the source shall provide other sufficient allowances which shall be deducted prior to the beginning of the next NO_x allowance control period, otherwise the source may not operate during subsequent control periods.

In addition to the NO_x allowance deduction required by subsection 25 Pa. Code § 123.111(a), the Department may enforce the provisions of this section and Section 2109, Enforcement and the Clean Air Act.[2]

For purposes of determining the number of days of violation, any excess emissions for the NO_x allowance control period shall presume that each day in the NO_x allowance control period constitutes a day in violation (153 days) unless the NO_x affected source can demonstrate, to the satisfaction of the Department, that a lesser number of days should be considered.

Each ton of excess emissions is a separate violation.

Editor's Note: See Article IX, Enforcement.

New NO_x affected source provisions. NO_x allowances may not be created for new NO_x affected sources. New NO_x affected sources are sources which are not listed in 25 Pa Code Appendix A (relating to initial NO_x allowance NO_x allocations). The owner or operator of a new NO_x affected source shall establish a compliance account with PaDEP prior to the commencement of operations and is responsible to acquire any required NO_x allowances from those available in the NATS.

Control of NO_x emissions from glass melting furnaces.

[Added 3-20-2012 by Ord. No. 6-12]

Incorporation by reference. Except as otherwise specifically provided under this Subsection, this subsection shall be applied consistent with the provisions of the state regulation for Control of NO_x Emissions From Glass Melting Furnaces promulgated under the Air Pollution Control Act at 25 Pa. Code §§ 129.301 through 129.310 and the related definitions at 25 Pa. Code § 121.1 which are hereby incorporated by reference into this chapter. Additions, revisions, or deletions to such regulation by the commonwealth are incorporated into this chapter and are effective on the date established by the state regulations, unless otherwise established by regulation under this chapter.

Definitions. Under the regulations incorporated by reference under this subsection:

"Department" shall mean Department as defined under this chapter; and

"Appropriate approved local air pollution control agency" shall mean Department as defined under this chapter.

Compliance determination. For purposes of this subsection, "Chapter 139, Subchapter C," shall mean Article VIII, § 505-76C, of this chapter.

§ 505-52.1 Control of VOC emissions from offset lithographic printing and letterpress printing.

[Added 5-22-2013 by Ord. No. 14-13]

Applicability. Beginning January 1, 2012, this section applies to the owner or operator of an offset lithographic printing and/or letterpress printing operation, where the total actual VOC emissions from all offset lithographic printing and letterpress printing operations, with two exceptions, including related cleaning activities, at that facility are equal to or greater than 15 pounds (6.8 kilograms) per day or 2.7 tons (2,455 kilograms) per twelve-month rolling period. These exceptions include heatset web offset lithographic printing operations and heatset web letterpress printing operations, for which this section only applies to those presses with potential to emit from the dryer, prior to controls, of at least 25 tons (22,680 kilograms) of VOC (petroleum ink oil) from heatset inks per twelve-month rolling period.

Limitations. A person may not cause or permit the emission into the outdoor atmosphere of VOCs from an offset lithographic printing and/or letterpress printing operation unless one of the following limitations is met:

The VOC content for heatset web offset lithographic printing contains 1.6% alcohol or less (by weight), on press (as applied) in the fountain or the following equivalents:

Three percent alcohol or less (by weight) on press (as applied) in the fountain solution, provided the fountain solution is refrigerated to below 60° F. (15.5° C.); or

Five percent alcohol substitute or less (by weight) on press (as applied) and no alcohol in the fountain solution.

The VOC content for sheet-fed offset lithographic printing contains 5% alcohol or less (by weight) in the fountain or the following equivalents:

Eight and one-half percent alcohol or less (by weight) on press (as applied) in the fountain solution, provided the fountain solution is refrigerated to below 60° F. (15.5° C.); or

Five percent alcohol substitute or less (by weight) on press (as applied) and no alcohol in the fountain solution.

The VOC content for cold web lithographic printing contains 5% alcohol substitute or less (by weight) on press (as applied) and no alcohol in the fountain solution.

The overall weight of VOC emitted to the atmosphere is reduced through the use of a chiller condenser or an oxidizer for heatset web offset lithographic printing or heatset web letterpress printing as follows:

The overall control efficiency for a chiller condenser shall be no less than 90%; or

The overall control efficiency for an oxidizer shall be no less than 95%; or

VOC outlet concentration is reduced to less than 20 ppmv on a dry basis.

Use cleaning materials with a VOC composite vapor pressure less than 10mm Hg at 68° F. (20° C.) or cleaning materials containing less than 70 weight percent VOC. The cleaning materials apply to blanket washing, roller washing, plate cleaners, metering roller cleaners, impression cylinder cleaners, rubber rejuvenators, and other cleaners used for cleaning a press, press parts, or to remove dried ink from the areas around a press. The cleaning materials provided do not apply to cleaners used on electric components of a press, pre-press cleaning operations, post-press operations, cleaning supplies used to clean the floor, other than dried ink, in the area around a press, or cleaning performed in parts washers or cold cleaners.

A combination of the methods listed in Subsection B(1) through (5).

Records. A facility, regardless of the facility's annual emission rate, which contains offset lithographic printing and/or letterpress printing operations, shall maintain records sufficient to demonstrate compliance with this section.

At a minimum, a facility shall maintain daily records of the following parameters for each ink and other component as supplied:

The name and identification number of each ink or component;

The volume used;

The total volume of all the inks used in the offset lithographic printing and letterpress printing operation;

The mix ratio;

The density or specific gravity;

If used, the temperature of the fountain solution.

The records shall be maintained for two years and shall be submitted to the Department on a schedule reasonably prescribed by the Department.

Exempt solvents. The solvents methyl chloroform (1,1,1-trichloroethane) and methylene chloride are exempt from control under this section. No offset lithographic printing operation or letterpress printing operation which seeks to comply with this section through the use of an exempt solvent may be included in any alternative standard approved pursuant to this chapter.

Exempt other. The following shall be exempt from the limitations set by Subsection B:

Sheet-feed presses with sheet size of 11 inches (27.9 centimeters) by 17 inches (43.2 centimeters) or smaller, or to any sheet-feed press with total fountain solution reservoir of less than one gallon (3.8 liters).

Heatset presses used for book printing or heatset presses with maximum web width of 22 inches (55.9 centimeters) or less are excluded from the add-on control of either a chiller condenser or an oxidizer.

One hundred ten gallons (416 liters) per year of cleaning materials, or less, which meet neither the low VOC composite vapor pressure limitation nor the lower VOC content limitation and work practices.

Housekeeping. The following work practices for cleaning materials apply to the owner or operator of an offset lithographic printing and letterpress printing operation:

Store all VOC-containing cleaning materials and used shop towels in closed containers.

Ensure that ink, fountain solution and cleaning material storage containers are kept closed at all times except when depositing or removing those materials.

Minimize spills of VOC-containing inks, fountain solutions and cleaning materials, cleaning up spills immediately.

Convey VOC-containing inks, fountain solutions and cleaning materials from one location to another in closed containers or pipes.

Minimize VOC emissions during cleaning of storage and conveying equipment.

Measurements. Measurements of the volatile fraction of inks and fountain solution, and of volatile organic compound emissions shall be performed according to the applicable procedures established in § 505-61 of this chapter.

§ 505-52.2 Control of VOC emissions from flexible package printing.

[Added 5-22-2013 by Ord. No. 14-13]

Applicability. Beginning January 1, 2012, this section applies to the owner or operator of a flexible packaging printing press, including rotogravure printing and flexographic printing, where the total actual VOC emissions from all flexible package printing press operations, including related cleaning activities, at the facility are equal to or greater than 15 pounds (6.8 kilograms) per day or 2.7 tons (2,455 kilograms) per twelve-month rolling period.

The limits from § 505-44B, Graphic arts systems, no longer apply to flexible package printing presses as of January 1, 2012.

Limitations. A person may not cause or permit the emission into the outdoor atmosphere of VOCs from a flexible package printing press unless one of the following limitations is met:

The overall control efficiency shall be no less than 80%.

The VOC content of materials (inks, coatings and adhesives) used on a single press shall not be greater than 0.8 pound VOC per pound solids applied.

The VOC content of materials (inks, coatings and adhesives) used on a single press shall not be greater than 0.16 pound VOC per pound materials applied.

Records. A facility, regardless of the facility's annual emission rate, which contains a flexible package printing press shall maintain records sufficient to demonstrate compliance with this section.

At a minimum, a facility shall maintain daily records of the following parameters for each material, ink, coating, adhesive and other component as supplied:

The name and identification number of each material, ink, coating and adhesive;

The volume used;

The mix ratio;

The density or specific gravity;

The weight percent of total volatiles, water, solids, and exempt solvents;

The VOC content of the materials (inks, coatings and adhesives) used on a single press per weight of solids or materials applied.

The records shall be maintained for two years and shall be submitted to the Department on a schedule reasonably prescribed by the Department.

Exempt solvents. The solvents methyl chloroform (1,1,1-trichloroethane) and methylene chloride are exempt from control under this section. No flexible package printing operation which seeks to comply with this section through the use of an exempt solvent may be included in any alternative standard approved pursuant to this chapter.

Housekeeping. The following work practices for cleaning materials apply to the owner or operator of a flexible printing press:

Store all VOC-containing cleaning materials and used shop towels in closed containers.

Ensure that ink, coating, adhesive and cleaning material storage containers are kept closed at all times except when depositing or removing those materials.

Minimize spills of VOC-containing inks, coatings, adhesives and cleaning materials, cleaning up spills immediately.

Convey VOC-containing inks, coatings, adhesives and cleaning materials from one location to another in closed containers or pipes.

Minimize VOC emissions during cleaning of storage and conveying equipment.

Measurements. Measurements of the volatile fraction of inks, and of volatile organic compound emissions shall be performed according to the applicable procedures established in § 505-61 of this chapter.

§ 505-52.3 Control of VOC emissions from industrial solvent cleaning operations.

[Added 5-22-2013 by Ord. No. 14-13]

Applicability. Beginning January 1, 2012, this section applies to the owner or operator of a facility, where the total actual VOC emissions from all of the industrial solvent cleaning operations at that facility are equal to or greater than 15 pounds (6.8 kilograms) per day or 2.7 tons (2,455 kilograms) per twelve-month rolling period. This regulation applies to any facility that employs solvent materials in industrial solvent cleaning operations during the production, repair, maintenance, or servicing of parts, products, tools, machinery, equipment, or general work areas, and stores and/or disposes of these solvent materials. The provisions of this rule shall not apply to cleaning operations in the following source categories listed for regulation under Section 183(e) of the Clean Air Act:

Aerospace coatings;

Wood furniture coatings;

Shipbuilding and repair coatings;

Flexible package printing materials;

Lithographic printing materials;

Letterpress printing materials;

Flat wood paneling coatings;

Large appliance coatings;

Metal furniture coatings;

Paper, film, and foil coatings;

Plastic parts coatings;

Miscellaneous metal parts coatings;

Fiberglass boat manufacturing materials;

(14)

Miscellaneous industrial adhesives; or

(15)

Auto and light-duty truck assembly coatings.

Limitations. A person may not cause or permit the emission into the outdoor atmosphere of VOCs from industrial solvent cleaning operations unless one of the following limitations is met:

The solvent complies with the applicable VOC content limitation in Table 2105.82;

The owner or operator of a facility that is subject to this rule shall employ only the following cleaning devices and methods:

Wipe cleaning;

Closed containers or hand-held spray bottles from which solvents are applied without a propellant-induced force;

Cleaning equipment which has a solvent container that can be and is closed during cleaning operations, except when depositing and removing objects to be cleaned, and is closed during non-operation, with the exception of maintenance and repair to the cleaning equipment itself;

Remote reservoir cleaner, if the operator of the cleaner complies with all of the following:

Prevents solvent vapors from escaping from the solvent container by using such devices as a cover or a valve when the remote reservoir is not being used, cleaned or repaired.

Directs solvent flow in a manner that will prevent liquid solvent from splashing outside of the remote reservoir cleaner.

Does not clean porous or absorbent materials, such as cloth, leather, wood or rope.

Uses only solvent containers free of all liquid leaks. Auxiliary equipment, such as pumps, pipelines or flanges, shall not have any liquid leaks, visible tears or cracks. Any liquid leak, visible tear or crack detected shall be repaired within one calendar day, or the leaking section of the remote reservoir cold cleaner shall be drained of all solvent and shut down until it is replaced or repaired.

Non-atomized solvent flow method where the cleaning solvent is collected in a container or a collection system which is closed except for solvent collection openings and, if necessary, openings to avoid excessive pressure build-up inside the container; or

Solvent flushing method where the cleaning solvent is discharged into a container which is closed except for solvent collection openings and, if necessary, openings to avoid excessive pressure build-up inside the container. The discharged solvent from the equipment must be collected into containers without atomizing into the open air. The solvent may be flushed through the system by air or hydraulic pressure or by pumping.

The owner or operator of a facility that is subject to this rule is prohibited from atomizing any solvent unless the emissions are vented to VOC emission control equipment that meets the requirements of Subsection B(5) of this rule.

All VOC-containing solvents used in solvent cleaning operations shall be stored in non-absorbent, non-leaking containers which shall be kept closed at all times except when filling or emptying. Cloth and paper moistened with VOC-containing solvents shall be stored in closed, non-absorbent, non-leaking containers.

In lieu of complying with the requirements of Subsection B(1) and (2) of this rule for an industrial solvent cleaning operation, the owner or operator of a facility that is subject to this rule may comply with this rule by installing and operating VOC emission control equipment for the industrial solvent cleaning operation. The VOC emission control equipment shall comply with all of the following requirements:

A capture efficiency of at least 90% by weight, for the VOC emissions.

Either a destruction/removal efficiency of at least 95%, by weight, for the VOC emissions, or an outlet concentration of less than 20 ppmv, on a dry basis, for the VOC emissions.

In lieu of complying with the requirements in Subsection B(1) of this rule, the owner or operator of a facility may use solvents or solvent solutions for industrial cleaning operations which have a VOC composite partial vapor pressure of less than or equal to 8mm of Hg at 68° F. (20° C.).

Records. A facility, regardless of the facility's annual emission rate, which is subject to any of the VOC content limitations specified in this rule, shall maintain records sufficient to demonstrate compliance with this section.

At a minimum, a facility shall maintain daily records of:

The following parameters for each industrial solvent cleaner and other component as supplied:

The name and identification number of each industrial solvent cleaning material and the associated industrial cleaning activity;

The volume of each solvent used in the industrial solvent cleaning operation;

The total volume of all the solvents used in the industrial solvent cleaning operation;

The mix ratio;

The density or specific gravity;

The VOC content, based upon applicable procedures established in § 505-61 of this chapter, of each industrial solvent cleaning material, as employed or the VOC composite partial vapor pressures of the solvents or solvent solutions used in the industrial solvent cleaning operation.

The VOC content of each industrial solvent cleaner as supplied.

The VOC content of each industrial solvent cleaner as applied.

The records shall be maintained for two years and shall be submitted to the Department on a schedule reasonably prescribed by the Department.

Exempt solvents. The solvents methyl chloroform (1,1,1-trichloroethane) and methylene chloride are exempt from control under this section. No industrial solvent cleaning operation which seeks to comply with this section through the use of an exempt solvent may be included in any alternative standard approved pursuant to this chapter.

Exempt other. The following industrial solvent cleaning operations shall be exempt from the limitations set by Subsection B:

The following industrial solvent cleaning operations are exempt from all the requirements of this rule:

Janitorial cleaning, including graffiti removal.

Stripping of cured coatings, cured ink, or cured adhesives.

Cleaning operations in printing pre-press or graphic arts pre-press areas, including the cleaning of film processors, color scanners, plate processors, film cleaning and plate cleaning.

The following industrial solvent cleaning operations are exempt from the VOC content limitations specified in Subsection B(1) of this rule:

Cleaning of solar cells, laser hardware, scientific instruments and high-precision optics.

Cleaning conducted as part of the following: performance laboratory tests on coatings, adhesives or inks; research and development programs; and laboratory tests in quality assurance laboratories.

Cleaning of paper-based gaskets and clutch assemblies where rubber is bonded to metal by means of an adhesive.

Cleaning of cotton swabs to remove cottonseed oil before cleaning of high precision optics.

Medical device and pharmaceutical facilities using up to 1.5 gallons (5.7 liters) per day of solvents.

Cleaning of adhesive application equipment used for thin metal laminating.

Cleaning of electronic or electronic cables.

Touch-up cleaning performed on printed circuit boards where surface-mounted devices have already been attached.

Cleaning of coating and adhesive application processes utilized to manufacture transdermal drug delivery product using less than three gallons per day of ethyl acetate.

Cleaning of application equipment used to apply coatings on satellites and radiation effect coatings.

(k)

Cleaning of application equipment used to apply solvent borne fluoropolymer coatings.

(l)

Cleaning of ultraviolet or electron beam adhesive application.

(m)

Cleaning of sterilization indicating ink application equipment if the facility employs less than 1.5 gallons (5.7 liters) per day of solvents for such cleaning.

(n)

Cleaning of metering rollers, dampening rollers and printing plates.

(o)

Cleaning of polyester resin application equipment for sources subject to 40 CRF Part 63, Subpart WWWW.

The following industrial solvent cleaning operations are exempt from the requirements of Subsection B(3) of this rule:

Cleaning of the nozzle tips of automated spray equipment systems, except for robotic systems.

Cleaning with spray bottles or containers described in Subsection B(2)(b) of this rule.

Printing operations where the roller shall be exempt from the requirements of Subsection B(1) and (3) of this rule if the facility employs 1.25 gallons [160 fluid ounces (4.7 liters)] or less of the aerosol products per day.

Housekeeping. The following work practices for cleaning materials apply to the owner or operator of an industrial solvent cleaning operation:

Store all VOC-containing cleaning materials and used shop towels in closed containers.

Ensure that mixing and storage containers used for industrial solvent cleaning operations are kept closed at all times except when depositing or removing those materials.

Minimize spills of VOC-containing industrial solvent cleaners, and cleaning materials, cleaning up spills immediately.

Convey VOC-containing industrial solvent cleaners and cleaning materials from one location to another in closed containers or pipes.