Rules And Regulations:

Title 51 - Air Pollution Emergencies

Section 51-005 Introduction

1. Notwithstanding any other rule or standard, these emergency rules are designed to prevent the excessive accumulation of air contaminants, thereby preventing the occurrence of an emergency due to the effects of these contaminants on the public health.
2. These rules establish criteria for identifying and declaring air pollution episodes at levels below the level of Significant Harm. They are adopted according to the requirements of the federal Clean Air Act as amended and 40 CFR, Part 51, Subpart H.
3. The levels of Significant Harm are:
   1. For sulfur dioxide (SO₂)--1.0 ppm, 24-hour average;
   2. For particulate matter (PM10)--600 ug/m³, 24-hour average;
   3. For carbon monoxide (CO)
      1. 50 ppm, 8-hour average
      2. 75 ppm, 4-hour average
      3. 125 ppm, 1-hour average;
   4. For ozone (0₃)--0.6 ppm, 1-hour average; and
   5. For nitrogen dioxide (NO₂)
      1. 2.0 ppm, 1-hour average
      2. 0.5 ppm, 24-hour average

Section 51-010 Episode Criteria

The determination of an Air Pollution Episode Stage shall be made by the Director. In making this determination, the Director will be guided by the following criteria:

1. "Pre-Episode Standby"--In this condition ambient levels of air pollutants have reached levels at the ambient standard. Atmospheric ventilation is poor, and the forecast is for continued poor ventilation. Under these conditions, monitoring may be increased, and some formal public notification warning sensitive individuals of poor air quality may be made.
2. "Air Pollution Alert"--In this condition, ambient levels of air pollutants have reached levels significantly above the standards, but there is no immediate danger of reaching the level of significant harm. Monitoring may be intensified, and a review of possible abatement actions should be made. A formal public notification should be made, warning sensitive individuals of poor air quality. If the conditions of A and B, below are both met, an Air Pollution Alert is declared, and the actions in Table I shall be implemented.
   1. Meteorological dispersion conditions are not expected to improve during the next 24 hours.
   2. Monitored pollutant levels at any monitoring site exceed any of the following:
      1. Sulfur dioxide--0.3 ppm, 24-hour average;
      2. Particulate matter (PM10)--350 ug/m³;
      3. Carbon monoxide--15 ppm, 8-hour average;
      4. Ozone--0.2 ppm, 1-hour average;
      5. Nitrogen dioxide--0.6 ppm, 1-hour average; or 0.15 ppm, 24-hour average.
3. "Air Pollution Warning"--In this condition, air pollutants reach ambient levels well above those of an Air Pollution Alert. Substantial restrictions of activities may be required. The public should be frequently informed of current pollution levels and of the hazards. If the conditions in both A and B, below, are met, an Air Pollution Warning will be declared, and the actions in Table II shall be implemented.
   1. Meteorological dispersion conditions are not expected to improve during the next 24 hours.
   2. Monitored pollutant levels at any monitoring site exceed any of the following:
      1. Sulfur dioxide--0.6 ppm, 24-hour average;
      2. Particulate matter (PM10)--420 ug/m³, 24-hour average;
      3. Carbon monoxide--30 ppm, 8-hour average;
      4. Ozone--0.4 ppm, 1-hour average;
      5. Nitrogen dioxide--1.2 ppm, 1-hour average; or 0.3 ppm, 24-hour average.
4. "Air Pollution Emergency"--In this condition, ambient levels of air pollutants are approaching the Significant Harm levels, and stringent abatement actions may be necessary. The public should be frequently informed of current pollution levels and of the hazards. If the conditions in both A and B, below, are met, an Air Pollution Emergency will be declared, and the actions in Table III shall be implemented.
   1. Meteorological conditions are not expected to improve during the next 24 hours.
   2. Monitored pollutant levels at any monitoring site exceed any of the following:
      1. Sulfur dioxide--0.8 ppm, 24-hour average;
      2. Particulate matter (PM10)--500 ug/m3, 24-hour average;
      3. Carbon monoxide--40 ppm, 8-hour average;
      4. Ozone--0.5 ppm, 1-hour average;
      5. Nitrogen dioxide--1.6 ppm, 1-hour average; or 0.4 ppm, 24-hour average.
5. "Termination"--Any air pollution episode stage established by these criteria may be reduced to a lower stage or terminated, when the required conditions are no longer met.

Section 51-015 Emission Reduction Plans

Tables I, II and III of this regulation set forth specific emission reduction measures that shall be taken upon the declaration of an Air Pollution Episode. Any person responsible for a source of air contamination shall, upon declaration of an episode, take all actions specified in the applicable Table and shall particularly put into effect the Agencyapproved preplanned abatement strategy for such condition.

Section 51-020 Preplanned Abatement Strategies

1. Any person responsible for the operation or control of a source of air contamination shall, when requested by the Agency in writing, prepare preplanned strategies consistent with good industrial practice and safe operating procedures, for reducing the emission of air contaminants during Air Pollution Episodes.
2. Preplanned strategies as required by this section shall be in writing and describe the source of air contamination, contaminants and a brief description of the manner and amount in which the reduction will be achieved during each Episode stage.
3. During an Air Pollution Episode, preplanned strategies required by this section shall be made available on the premises to any person authorized to enforce the provisions of these rules.
4. Preplanned strategies required by this section shall be submitted to the Agency upon request within thirty days of the receipt of such request; such preplanned strategies shall be subject to review and approval by the Agency. Matters of dispute in developing preplanned strategies shall, if necessary, be brought before the Board of Directors.
5. Municipal and county governments, or other appropriate governmental bodies, shall, when requested by the Agency in writing, prepare pre-planned strategies consistent with good traffic management practice and public safety, for reducing the use of motor vehicles or aircraft within designated areas during Air Pollution Episodes. These plans shall be designed to reduce or eliminate emissions of air contaminants from motor vehicles in accordance with the objectives set forth in Tables I - III and shall be prepared and submitted for review and approval by the Agency in accordance with subsections 1, 2 and 3 of this section.

Section 51-025 Implementation

1. The Agency and the Department of Environmental Quality shall cooperate to the fullest extent possible to insure uniformity of enforcement and administrative action necessary to implement these regulations. With the exception of sources of air contamination retained by the Department of Environmental Quality, all persons within the territorial jurisdiction of the Agency shall submit the preplanned abatement strategies prescribed in Section 51-020 to the Agency. The Agency shall submit summaries of the abatement strategies to the Department of Environmental Quality.
2. Declarations of Air Pollution Alert, Air Pollution Warning and Air Pollution Emergency shall be made by the Agency. In the event conditions warrent and such declaration is not made by the Agency, the Department of Environmental Quality shall issue the declaration and the Agency shall take appropriate remedial actions as set forth in these rules.
3. Additional responsibilities of the Agency shall include, but are not limited to:
   1. Securing acceptable preplanned abatement strategies.
   2. Measurement and reporting of air quality data to the Department of Environmental Quality.
   3. Informing the public, news media and persons responsible for air contaminant sources of the various levels set forth in these rules and required actions to taken to maintain air quality and the public health.
   4. Surveillance and enforcement of emergency emission reductions plans.

TABLE I AIR POLLUTION EPISODE, ALERT CONDITION EMISSION REDUCTION PLAN

Part A--Pollution Episode Conditions for Carbon Monoxide or Ozone
For Alert conditions due to excessive levels of carbon monoxide or ozone, persons operating motor vehicles shall be requested to voluntarily curtail or eliminate all unnecessary operations within the designated Alert area, and public transportation systems shall be requested to provide additional services in accordance with a preplanned strategy.
Part B--Pollution Episode Conditions for Particulate Matter
For Alert conditions resulting from excessive levels of particulate matter, the following measures shall be taken in the designated area:

1. There shall be no open burning by any person of any material.
2. Persons operating fuel burning equipment which requires boiler lancing or soot blowing shall perform such operations only between the hours of 12 noon and 4 p.m.
3. Persons responsible for the operation of any source of air contaminants listed below shall take all required actions for the Alert level, in accordance with the preplanned strategy:

Sources	Control Actions - Alert Level
(A) Coal, Oil or wood-fired electric generating facilities	(A) Utilization of fuels having low ash and sulfur content. (B) Utilization of mid-day (12:00 noon to 4:00 p.m.) atmospheric turbulence for boilerlancing and soot blowing. (C) Diverting electric power generation to facilities outside of Alert Area.
(B) Coal, oil or wood-fired process steam generating facilities.	(A) Utilization of fuel having low ash and sulfur content. (B) Utilization of mid-day (12:00 noon to 4:00 p.m.) atmospheric turbulence for boiler lancing and soot blowing. (C) Substantial reduction of steam load demands consistent with continuing plant operations.
(C) Manufacturing industries of the following classifications: Primary Metals Industries Petroleum Refining Chemical Industries Mineral Processing Ind. Grain Industries Paper and Allied Products Wood Processing Industry	(A) Reduction of air contaminants from manufacturing operations by curtailing, postponing, or deferring production and all operations. (B) Reduction by deferring trade waste disposal operations which emit solid particle gas vapors or malodorous substance. (C) Reduction of heat load demands for processing. (D) Utilization of mid-day (12:00 noon to 4:00 p.m.) atmospheric turbulence for boiler lancing or soot blowing.

TABLE II AIR POLLUTION EPISODE, WARNING CONDITIONS EMISSION REDUCTION PLAN

Part A--Pollution Episode Conditions for Carbon Monoxide or Ozone
For Warning conditions, resulting from excessive levels or carbon monoxide or ozone, the following measures shall be taken:

1. Operating of motor vehicles carrying fewer than three (3) persons shall be prohibited within designated areas during specified hours. Exceptions from this provision are:
   1. Public transportation and emergency vehicles
   2. Commercial vehicles
   3. Through traffic remaining on Interstate or primary highways.
2. At the discretion of the Agency, operations of all private vehicles within designated areas or entry of vehicles into designated areas, may be prohibited for specified periods of time.
3. Public transportation operators shall, in accordance with a pre-planned strategy, provide the maximum possible additional service to minimize the public's inconvenience as a result of (1) or (2) above.
4. For ozone episodes the following additional measures shall be taken:
   1. No bulk transfer of gasoline without vapor recovery from 2:00 a.m. to 2:00 p.m.
   2. No service station pumping of gasoline from 2:00 a.m. to 2:00 p.m.
   3. No operation of paper coating plants from 2:00 a.m. to 2:00 p.m.
   4. No architectural painting or auto finishing;
   5. No venting of dry cleaning solvents from 2:00 a.m. to 2:00 p.m. (except perchlorethylene).
5. Where appropriate for carbon monoxide episodes during the heating season, and where legal Agency exists, governmental agencies shall prohibit all use of woodstoves and fireplaces for domestic space heating, except where such devices provide the sole source of heat.

Part B--Pollution Episode Conditions for Particulate Matter
For Warning conditions resulting from excessive levels of particulate matter, the following measures shall be taken:

1. There shall be no open burning by any person of any material.
2. The use of incinerators for the disposal of solid or liquid wastes shall be prohibited.
3. Persons operating fuel-burning equipment which requires boiler lancing or soot blowing shall perform such operations only between the hours of 12 noon and 4 p.m.
4. Where legal Agency exists, governmental agencies shall prohibit all use of woodstoves and fireplaces for domestic space heating, except where such devices provide the sole source of heat.
5. Persons responsible for the operation of any source of air contaminants listed below shall take all required actions for the Warning level, in accordance with a preplanned strategy:

Source of Air Contamination	Air Pollution Warning
(A) Coal, oil or wood-fired electric power generating facilities.	(A) Maximum utilization of fuels having lowest ash and sulfur content. (B) Utilization of mid-day (12:00 noon to 4:00 p.m.) atmospheric turbulence for boiler lancing and soot blowing. (C) Diverting electric power generation to facilities outside of Warning Area. (D) Prepare to use a plan of action if an Emergency Condition develops. (E) Cease operation of facilities not related to safety or protection of equipment or delivery of priority power.
(B) Coal, oil or wood-fired process steam generating facilities	(A) Maximum utilization of fuels having the lowest ash and sulfur content. (B) Utilization of mid-day (12:00 noon to 4:00 p.m.) atmospheric turbulence for boiler lancing and soot blowing. (C) Prepare to use a plan of action if an Emergency Condition develops. (D) Cease operation of facilities not related to safety or protection of equipment or delivery of priority power.
(C) Manufacturing industries which require considerable lead time for shut-down including the following      Petroleum Refining      Chemical Industries      Primary Metals Industries      Glass Industries      Paper and Allied Products	(A) Reduction of air contaminants from manufacturing operations by, if necessary, assuming reasonable economic hardships by postponing production and allied operations. (B) Reduction by deferring trade waste disposal operations which emit solid particles, gases, vapors or malodorous substances. (C) Maximum reduction of heat load demands for processing. (D) Utilization of mid-day (12:00 noon to 4:00 p.m.) atmospheric turbulence of boiler lancing or soot blowing.
(D) Manufacturing industries which require relatively short time for shut-down	(A) Elimination of air contaminants from manufacturing operations by ceasing, postponing, or deferring production and allied operations to the extent possible without causing injury to persons or damage to equipment. (B) Elimination of air contaminants from trade waste disposal processes which emit solid particles, gases, vapors, or malodorous substances. (C) Reduction of heat load demands for processing. (D) Utilization of mid-day (12 noon to 4 p.m.) atmospheric turbulence for boiler lancing or soot blowing.

TABLE III AIR POLLUTION EPISODE, EMERGENCY CONDITIONS EMISSION REDUCTION PLAN

1. There shall be no open burning by any person of any material.
2. The use of incinerators for the disposal of solid or liquid wastes shall be prohibited.
3. All places of employment, commerce, trade, public gatherings, government, industry, business, or manufacture shall immediately cease operation, except the following:
   1. Police, fire, medical and other emergency services;
   2. Utility and communication services;
   3. Governmental functions necessary for civil control and safety;
   4. Operations necessary to prevent injury to persons or serious damage to equipment or property;
   5. Food stores, drug stores and operations necessary for their supply;
   6. Operations necessary for evacuation of persons leaving the area;
   7. Operations conducted in accordance with an approved preplanned emission reduction plan on file with the Agency.
4. All commercial and manufacturing establishments not included in these rules shall institute such actions as will result in maximum reduction of air contaminants from their operations which emit air contaminants, to the extent possible without causing injury or damage to equipment.
5. The use of motor vehicles is prohibited except for the exempted functions in 3, above.
6. Airports shall be closed to all except emergency air traffic.
7. Where legal Agency exists, governmental agencies shall prohibit all use of woodstoves and fireplaces.
8. Any person responsible for the operation of a source of atmospheric contamination listed below shall take all required control actions for this Emergency Level.

Source	Air Pollution Emergency
(A) Coal, oil or wood-fired electric power generating facilities	(A) Maximum utilization of fuels having lowest ash and sulfur content. (B) Utilization of mid-day (12:00 noon to 4:00 p.m.) atmospheric turbulence for boiler lancing or soot blowing. (C) Diverting electric power generation to facilities outside of Emergency area. (D) Cease operation of facilities not related to safety or protection of equipment or delivery of priority power.
(B) Coal, oil or wood-fired process steam generating facilities	(A) Reducing heat and steam demands to absolute necessities consistent with preventing equipment damage. (B) Utilization of mid-day (12:00 noon to 4:00 p.m.) atmospheric turbulence for boiler lancing and soot blowing. (C) Taking the action called for in the emergency plan. (D) Cease operation of facilities not related to safety or protection of equipment or delivery of priority power.
(C) Manufacturing industries of following classifications:      Primary Metals Industry      Petroleum Refining      Operations      Chemical Industries      Mineral Processing Industries      Paper and Allied Products      Grain Industry      Wood Processing Industry	(A) The elimination of air contaminants from manufacturing operations by ceasing, curtailing, postponing or deferring production and allied operations to the extent possible without causing injury to persons or damage to equipment. (B) Elimination of air contaminants from trade waste disposal processes which emit solid particles, gases, vapors, or malodorous substances. (C) Maximum reduction of heat load demands for processing. (D) Utilization of mid-day (12:00 noon to 4:00 p.m.) atmospheric turbulence for boiler lancing or soot blowing.