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Title32 - Emission StandardsSection 32-001 Definitions
See Title 12, Definitions.
| Section 32-005 Highest and Best Practicable Treatment and
Control Required |
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1. As specified in 32-006 through 32-009 and subsections
2 through 6 of this section, the highest and best practicable treatment
and control of air contaminant emissions shall in every case be provided
so as to maintain overall air quality at the highest possible levels, and
to maintain contaminant concentrations, visibility reduction, odors, soiling
and other deleterious factors at the lowest possible levels. In the case
of new sources of air contamination, particularly those located in areas
with existing high-level air quality, the degree of treatment and control
provided shall be such that degradation of existing air quality is minimized
to the greatest extent possible. |
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2. A source shall be deemed to be in compliance with
subsection 1 of this section if the source is in compliance with all other
applicable emission standards and requirements contained in LRAPA Titles
32 through 51 and OAR Divisions 28 and 32, including but not limited to
requirements applicable to: |
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A. specific pollutants in Title 32; |
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B. specific existing and new source categories in Title 33; |
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C. hazardous air pollutants in OAR 340-32; |
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D. control requirements and operational and maintenance requirements
in sections 32-007 through 32-009; and |
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E. review of new major sources and major modifications in Title
38. |
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3. The Authority may adopt additional rules as necessary
to ensure that the highest and best practicable treatment and control is
provided as specified in subsection 1 of this section. Such rules may include,
but are not limited to, the following requirements: |
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A. Applicable to a source category, pollutant or geographic area
of Lane County; |
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B. Necessary to protect public health and welfare for air contaminants
that are not otherwise regulated by the Authority; or |
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C. Necessary to address the cumulative impact of sources on air
quality. |
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4. The Authority encourages the owner or operator of
a source to further reduce emissions from the source beyond applicable control
requirements where feasible. |
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5. Nothing in sections 32-005 through 32-009 revokes
or modifies any existing permit term or condition unless or until the Authority
revokes or modifies the term or condition by a permit revision. Adoption
of 32-005 is not intended to withdraw authority for application of any existing
policy for new sources of toxic and hazardous air pollutants to a federal
operating permit program source until the effective date of the program. |
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6. Compliance with a specific emission standard in
these rules does not preclude the required compliance with any other applicable
emission standard. |
Section 32-006 Pollution Prevention The owner or operator of a source is encouraged to take into account the overall impact of the control methods selected, considering risks to all environmental media and risks from all affected products and processes. The owner or operator of a source is encouraged, but not required, to utilize the following hierarchy in controlling air contaminant emissions: - Modify the process, raw materials or product to reduce the toxicity and/or quantity of air contaminants generated;
- Capture and reuse air contaminants;
- Treat to reduce the toxicity and/or quantity of air contaminants released; or
- Otherwise control emissions of air contaminants
| Section 32-007 Operating and Maintenance Requirements |
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1. Operational, Maintenance and Work Practice Requirements |
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A. Where the Authority has determined that specific operational,
maintenance, or work practice requirements are appropriate to ensure that
the owner or operator of a source is operating and maintaining air pollution
control equipment and emission reduction processes at the highest reasonable
efficiency and effectiveness to minimize emissions, the Authority shall
establish such requirements by permit condition or Notice of Construction
(NOC) approval. |
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B. Operational, maintenance and work practice requirements include,
but are not limited to: |
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(1) flow rates, temperatures and
other physical or chemical parameters related to the operation of air pollution
control equipment and emission reduction processes; |
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(2) monitoring, record-keeping, testing
and sampling requirements and schedules; |
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(3) maintenance requirements and
schedules; or |
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(4) requirements that components
of air pollution control equipment be functioning properly. |
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2. Emission Action Levels |
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A. Where the Authority has determined that specific operational,
maintenance, or work practice requirements considered or required under
subsection 1 of this section are not sufficient to ensure that the owner
or operator of a source is operating and maintaining air pollution control
equipment and emission reduction processes at the highest reasonable efficiency
and effectiveness, the Authority may establish, by permit or Notice of Construction
(NOC) approval, specific emission action levels in addition to applicable
emission standards. An emission action level shall be established at a level
which ensures that air pollution control equipment or an emission reduction
process is operated at the highest reasonable efficiency and effectiveness
to minimize emissions. |
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B. If emissions from a source equal or exceed the applicable emission
action level, the owner or operator of the source shall: |
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(1) take corrective action as expeditiously
as practical to reduce emissions to below the emission action level; |
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(2) maintain records at the plant
site for two (2) years which document the exceedance, the cause of the exceedance,
and the corrective action taken; |
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(3) make such records available for
inspection by the Authority during normal business hours; and |
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(4) submit such records to the Authority
upon request. |
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C. The Authority shall revise an emission action level if it finds
that such level does not reflect the highest reasonable efficiency and effectiveness
of air pollution control equipment and emission reduction processes. |
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D. An exceedance of an emission action level which is more stringent
than an applicable emission standard shall not be a violation of such emission
standard |
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3. In determining the highest reasonable efficiency
and effectiveness for purposes of this rule, the Authority shall take into
consideration operational variability and the capability of air pollution
control equipment and emission reduction processes. If the performance of
air pollution control equipment and emission reduction processes during
start-up or shut-down differs from the performance under normal operating
conditions, the Authority shall determine the highest reasonable efficiency
and effectiveness separately for these start-up and shut-down operating
modes. |
| Section 32-008 Typically Achievable Control Technology
(TACT) |
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1. Existing Sources. The Authority shall require an
existing emissions unit to meet TACT for existing sources if: |
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A. the emissions unit, for the pollutants emitted, is not subject
to emissions standards under Title 32, Title 33, Title 39 or Title 46 at
the time TACT is required; |
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B. the source is required to have a permit; |
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C. the emissions unit has emissions of criteria pollutants equal
to or greater than five (5) tons per year of particulate or ten (10) tons
per year of any gaseous pollutant; and |
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D. The Authority determines that air pollution control equipment
and emission reduction processes in use for the emissions unit do not represent
TACT and that further emission control is necessary to address documented
nuisance conditions, address an increase in emissions, ensure that the source
is in compliance with other applicable requirements, or to protect public
health or welfare or the environment. |
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2. New and Modified Sources. The Authority shall require
a new or modified emissions unit to meet TACT for new or modified sources
if |
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A. the new or modified emissions unit, for the pollutants to be
emitted, is not subject to New Source Review requirements in Title 38, an
applicable Standard of Performance for New Stationary Sources in Title 46,
or any other standard applicable only to new or modified sources in Title
32, Title 33, or Title 39 at the time TACT is required; |
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B. the source is required to have a permit. |
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C. the emissions unit: |
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(1) if new, would have emissions
of any criteria pollutant equal to or greater than 1 ton per year, or of
PM10 equal to or greater than 500 pounds per year in a PM10 nonattainment
area; or |
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(2) if modified, would have an increase
in emissions from the permitted level for the emissions unit of any criteria
pollutant equal to or greater than 1 ton per year, or of PM10 equal to or
greater than 500 pounds per year in a PM10 nonattainment area; and |
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D. the Authority determines that the proposed air pollution control
equipment and emission reduction processes do not represent TACT. |
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3. Prior to making a TACT determination, the Authority
shall notify the owner or operator of a source of its intent to make such
determination utilizing information known to the Authority. The owner or
operator of the source may supply the Authority with additional information
by a reasonable date set by the Authority for use in making the TACT determination. |
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4. The owner or operator of a source subject to TACT
shall submit compliance plans and specifications by a reasonable date established
by the Authority for approval by the Authority. The owner or operator of
the source shall demonstrate compliance in accordance with a method and
compliance schedule approved by the Authority. |
Section 32-009 Additional Control Requirements for Stationary Sources of
Air Contaminants
The Authority shall establish control requirements in addition to otherwise applicable requirements by permit, if necessary, as specified in section 1 through 5 of this section.
- Requirements shall be established to prevent violation of an Ambient Air
Quality Standard caused or projected to be caused substantially by emissions
from the source as determined by modeling, monitoring or a combination thereof.
For existing sources, the violation of an Ambient Air Quality Standard shall
be confirmed by monitoring conducted by the Authority.
- Requirements shall be established to prevent significant impairment of visibility
in Class I areas caused or projected to be caused substantially by a source
as determined by modeling, monitoring or a combination thereof. For existing
sources, the visibility impairment shall be confirmed by monitoring conducted
by the Authority.
- A requirement applicable to major source shall be established if it has been adopted by EPA but has not otherwise been adopted by the EQC or the LRAPA Board.
- An additional control requirement shall be established if requested by the owner or operator of a source.
- Additional controls may be required to achieve air contaminant reduction as part of a State Implementation Plan
| Section 32-010 Visible Air Contaminant Limitations |
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1. Except as provided in Subsection 2, no person shall
cause, suffer, allow, or permit the emission of any air contaminant into
the atmosphere from any air contaminant source for a period or periods aggregating
more than three minutes in any one hour which is: |
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A. As dark or darker in shade than that designated as No. 1 on
the Ringelmann Chart; or |
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B. Equal to or greater than 20 percent opacity. |
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2. Existing Fuel Burning Equipment Utilizing Wood Wastes
(any source installed, constructed or modified before June 1, 1970). No
person shall discharge into the atmosphere from any single source of emissions
whatsoever any air contaminant for a period or periods aggregating more
than three minutes in any one hour which is: |
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a. As dark or darker in shade than that designated as No. 2 on
the Ringelmann Chart; or |
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b. Equal to or greater than 40 percent opacity. |
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3. Exception--Visible Air Contaminant Standards. Uncombined
Water. Where the presence of uncombined water is the only reason for failure
of any emission to meet the requirements of Section 32-010-1 or 2, such
section shall not apply. |
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4. Veneer Dryers (moved to Title 33, section 33.060-2.A) |
Section 32-015Particulate Matter Weight Standards Notwithstanding emission limits of Sections 32-020 and 32-030, particulate emissions shall not exceed:
- 0.2 grain per standard dry cubic foot for any air contaminant source constructed or modified prior to June 1, 1970; or
- 0.1 grain per standard dry cubic foot for any air contaminant source installed, constructed or modified after June 1, 1970
Section 32-020 Particulate Matter Weight Standards - Existing Combustion Sources The maximum allowable emission of particulate matter from any existing combustion source (sources installed, constructed or modified prior to June 1, 1970) shall not exceed 0.2 grain per cubic foot of exhaust gas, adjusted to 50 percent excess air or calculated to 12 percent carbon dioxide.
Section 32-030 Particulate Matter Weight Standards - New Combustion Sources The maximum allowable emission of particulate matter from any new combustion source (sources installed, constructed or modified after June 1, 1970) shall not exceed 0.1 grain per cubic foot of exhaust gas, adjusted to 50 percent excess air or calculated to 12 percent carbon dioxide.
Section 32-045 Process Weight Emission Limitations
- The maximum allowable emissions of particulate matter for specific processes shall be a function of process weight and shall be determined from Table 1
- The maximum allowable emissions of particulate matter from hot mix asphalt plants shall be determined from Table 1 except that the maximum allowable particulate emissions from processes greater than 60,000 pounds per hour shall be limited to 40 pounds per hour.
Section 32-055 Particulate Matter Size Standard
No person shall cause or permit the emissions of any particulate matter which is greater than 250 microns in size if such particulate matter does or will deposit upon the real property of another person.
| Section 32-060 Air Conveying Systems |
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1. Affected Sources |
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Dry material air conveying systems located within the Eugene/Springfield
PM10 Nonattainment Area which use a cyclone or other mechanical separating
device and which have a baseline year emission rate of three (3) Metric
Tons or more of particulate matter are affected sources. |
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2. Emission Limits for Affected Sources |
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Notwithstanding the general and specific emission standards and regulations
contained in these rules, affected sources shall not emit particulate matter
to the atmosphere in excess of the following amounts: |
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A. One (1) Metric Ton/year (1.10 Tons/year) |
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B. 2.88 kg/day (6.24 lbs./day) |
GASEOUS EMISSION LIMITATIONS
| Section 32-065 Sulfur Content of Fuels |
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1. Residual Fuel Oils |
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No person shall sell, distribute, use or make available for use, any residual
fuel oil containing more than 1.75 percent sulfur by weight. |
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2. Distillate Fuel Oils |
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No person shall sell, distribute, use or make available for use, any distillate
fuel oil containing more than the following percentages of sulfur: |
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A. ASTM Grade 1 fuel oil - 0.3 percent by weight |
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B. ASTM Grade 2 fuel oil - 0.5 percent by weight |
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3. Coal |
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A. Except as provided in sub-section B of this section, no person
shall sell, distribute, use or make available for use, any coal containing
greater than 1.0 percent sulfur by weight. |
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B. Except as provided for sub-subsections D and E of this subsection,
no person shall sell, distribute, use or make available for use any coal
or coal-containing fuel with greater than 0.3% sulfur and 5% volatile matter
as defined in ASTM Method D3175 for direct space heating within the Eugene-Springfield
or Oakridge PM10 Air Quality Maintenance Areas. For coals subjected to a
devolatilization process, compliance with the sulfur limit may be demonstrated
on the sulfur content of coal prior to the devolatilization process. |
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C. Distributors of coal or coal-containing fuel destined for direct
residential space heating use shall keep records for a five-year period
which shall be available for LRAPA inspection and which: |
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(1) specify quantities of coal or
coal-containing fuels sold; |
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(2) contain name and address of customers
who are sold coal or coal-containing fuels; |
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(3) specify the sulfur and volatile
content of coal or the coal-containing fuel sold to residences in the Eugene-Springfield
or Oakridge PM10 Air Quality Maintenance Areas. |
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D. Users of coal for direct residential space heating in 1980 who
apply in writing by July 1, 1983 and receive written approval from the Authority
shall be exempted from the requirement of sub-subsection B of this subsection
provided they certify that they used more than one-half (1/2) ton of coal
in 1980. |
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E. Distributors may sell coal not meeting specification in sub-subsection
B of this subsection to those users who have applied for and received the
exemption provided for in subsection D of this section. |
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4. Exemptions. Exempted from the requirements of 32-065.1-3,
above, are: |
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A. Fuels used exclusively for the propulsion and auxiliary power
requirements of vessels, railroad locomotives and diesel motor vehicles. |
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B. With prior approval of the Authority, fuels used in such a manner
or control provided such that sulfur dioxide emissions can be demonstrated
to be equal to or less than those resulting from the combustion of fuels
complying with the limitations of 32-065. |
| Section 32-070 Sulfur Dioxide Emission Limitations |
| Fuel Burning Equipment: The following emissions standards
are applicable to new sources (any air contaminant source installed, constructed
or modified after January 1, 1972) only: |
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1. For fuel burning equipment having more than 150
million BTU per hour heat input, but not more than 250 million BTU per hour
input, no person shall cause, suffer, allow or permit the emission into
the atmosphere of sulfur dioxide in excess of: |
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A. 1.4 lb. per million BTU heat input, maximum 2-hour average,
when liquid fuel is burned. |
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B. 1.6 lb. per million BTU heat input, maximum 2-hour average,
when solid fuel is burned. |
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2. For fuel burning equipment having more than 250
million BTU per hour heat input, no person shall cause, suffer, allow or
permit the emission into the atmosphere of sulfur dioxide in excess of: |
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A. 0.8 lb. per million BTU heat input, maximum 2-hour average,
when liquid fuel is burned. |
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B. 1.2 lb. per million BTU heat input, maximum 2-hour average,
when solid fuel is burned. |
Section 32-075 Federal Acid Rain Regulations Adopted by Reference
- 40 CFR Part 72 (July 1, 1994) is by this reference adopted and incorporated
herein, for purposes of implementing an acid rain program that meets the requirements
of Title IV of the Clean Air Act. The term "permitting authority" shall mean
the Lane Regional Air Protection Agency, and the term "Administrator" shall
mean the Administrator of the United States Environmental Protection Agency
- If the provisions or requirements of 40 CFR Part 72 conflict with
or are not included in OAR 340-28-2100 through 340-28-2740, the Part 72
provisions and requirements shall apply and take precedence.
| Section 32-080 Control of Ozone-Depleting Chemicals |
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1. The purpose of Section 32-080 is to reduce the use
of stratospheric ozone-depleting chemicals, to recycle those chemicals already
in use, and to encourage the use of less dangerous chemicals. The LRAPA
Board of Directors, having determined that equipment for the recovery and
recycling of chlorofluorocarbons (CFC) from automobile air conditioners
is affordable and available, intends that Section 32-080 apply to persons
handling automobile air conditioners. |
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2. Requirement for recycling automobile air conditioning
coolant are as follows: |
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A. Except as provided in sub-subsection B of this subsection, no
person shall engage in the business of installing, servicing, repairing,
disposing of, or otherwise treating automobile air conditioners without
recovering and recycling CFC. |
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B. Any automobile repair shop that has: |
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(1) fewer than four employees; or |
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(2) fewer than three covered bays
shall comply with the provisions of sub-subsection A of this subsection
after August 10, 1992. |
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C. Only recovery and recycling equipment that is certified by Underwriters
Laboratory (UL) as meeting the requirements and specifications of UL1963
and the Society of Automotive Engineers (SAE) Standards, J1990 and J1991,
or other requirements and specifications determined by the Authority as
being equivalent, shall be used. |
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D. All recovery and recycling equipment shall be operated and maintained
at full efficiency and effectiveness according to the manufacturer's directions
and guidelines contained in SAE Standard J1989. |
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3. Except as provided in subsection 4 of this section,
40 CFR Part 82 (July 1, 1994) is by this reference adopted and incorporated
herein for major sources only, for purposes of implementing a stratospheric
ozone protection program that meets the requirements of Title VI of the
Clean Air Act. |
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4. Where "Administrator" or "EPA"
appears in 40 CFR Part 82, "Authority" shall be substituted,
except in any section of 40 CFR Part 82 for which a federal rule
or delegation specifically indicates that authority will not be delegated
to the state/local agency. |
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5. Where a discrepancy is determined to exist between LRAPA
Section 32-080 and 40 CFR Part 82, 40 CFR Part 82 will apply. |
Section 32-090 Other Emissions
- No person shall discharge from any source whatsoever such quantities of air contaminants which cause injury or damage to any persons, the public, business or property. Such determination is to be made by the Authority.
- No person shall cause or permit emission of water vapor if the water vapor causes or tends to cause detriment to the health, safety or welfare of any person or causes, or tends to cause damage to property or business.
Section 32-095 Fugitive Emissions
See LRAPA Title 48 for rules pertaining to fugitive emissions.
Section 32-100 Plant Site Emission Limits Policy (Moved to Title 34, 11/10/04)
Section 32-101 Requirement for Plant Site Emission Limits (Moved to Title 34,
11/10/94)
Section 32-102 Criteria for Establishing Plant Site Emission Limits (Moved
to Title 34, 11/10/94)
Section 32-103 Alternative Emission Controls (Bubble) (Moved to Title 34, 11/10/94)
Section 32-104 Temporary PSD Increment Allocation (Moved to Title 34, 11/10/94)
TABLE 1
Table of Allowable Rate of Particulate Emissions - Based on Process Weight |
Process
Lbs./Hr. |
Emission
Lbs./Hr. |
Process
Lbs./Hr. |
Emission
Lbs./Hr. |
Process
Lbs./Hr. |
Emission
Lbs./Hr. |
| 50 |
0.24 |
2300 |
4.44 |
7500 |
8.39 |
| 100 |
0.46 |
2400 |
4.55 |
8000 |
8.71 |
| 150 |
0.66 |
2500 |
4.64 |
8500 |
9.03 |
| 200 |
0.85 |
2600 |
4.74 |
9000 |
9.67 |
| 300 |
1.20 |
2800 |
4.92 |
10000 |
10.00 |
| 350 |
1.35 |
2900 |
5.02 |
11000 |
10.63 |
| 400 |
1.50 |
3000 |
5.10 |
12000 |
11.28 |
| 450 |
1.63 |
3100 |
5.18 |
13000 |
11.89 |
| 500 |
1.77 |
3200 |
5.27 |
14000 |
12.50 |
| 550 |
1.85 |
3300 |
5.36 |
15000 |
13.13 |
| 600 |
2.01 |
3400 |
5.44 |
16000 |
13.74 |
| 650 |
2.12 |
3500 |
5.52 |
17000 |
14.36 |
| 700 |
2.24 |
3600 |
5.61 |
18000 |
14.97 |
| 750 |
2.34 |
3700 |
5.69 |
19000 |
15.58 |
| 800 |
2.43 |
3800 |
5.77 |
20000 |
16.19 |
| 850 |
2.53 |
3900 |
5.85 |
30000 |
22.22 |
| 900 |
2.62 |
4000 |
5.93 |
40000 |
28.30 |
| 950 |
2.72 |
4100 |
6.01 |
50000 |
34.30 |
| 1000 |
2.80 |
4200 |
6.08 |
60000 |
40.00 |
| 1100 |
2.97 |
4300 |
6.15 |
70000 |
41.30 |
| 1200 |
3.12 |
4400 |
6.22 |
80000 |
42.50 |
| 1300 |
3.26 |
4500 |
6.30 |
90000 |
43.60 |
| 1400 |
3.40 |
4600 |
6.37 |
100000 |
44.60 |
| 1500 |
3.54 |
4700 |
6.45 |
120000 |
47.30 |
| 1600 |
3.66 |
4800 |
6.52 |
140000 |
47.80 |
| 1700 |
3.79 |
4900 |
6.60 |
160000 |
49.00 |
| 1800 |
3.91 |
5000 |
6.67 |
200000 |
51.20 |
| 1900 |
4.03 |
5500 |
7.03 |
1000000 |
69.00 |
| 2000 |
4.14 |
6000 |
7.37 |
2000000 |
77.60 |
| 2100 |
4.24 |
6500 |
7.71 |
6000000 |
92.70 |
| 2200 |
4.34 |
7000 |
8.05 |
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Interpolation and extrapolation of emissions above a process weight of 60,000
pounds per hour shall be accomplished by use of this equation:
E = (55.0 x P0.11) - 40, where P = process weight in tons per hour and
E = emission rate in pounds per hour.
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