1773.01 Definitions.
1773.02 Purpose.
1773.03 Submission of emission information.
1773.04 Measurement of emissions of air contaminants.
1773.05 Malfunction of equipment; scheduled maintenance; reporting.
1773.06 Air pollution nuisances prohibited.
1773.07 Circumvention.
1773.08 Severability.
CROSS REFERENCES
State law definitions - see Ohio R.C. 3704.01
E.P.A. definitions - see OAC 3745-15-01
As used in all air pollution rules, except as may be otherwise specifically provided:
(1) "Act" means Title Five of the Toledo Municipal Code.
(2) "Administrator" or "Commissioner" means the Commissioner of Pollution Control or his designee.
(3) "Agency" or "Division" means the Division of Pollution Control.
(4) "Air pollutant" or "air contaminant" means particulate matter, dust, fumes, gas, mist, smoke, vapor or odorous substances, or any combination thereof.
(5) "Air pollution" means the presence in the ambient air of one or more air pollutants or any combination thereof in sufficient quantity and of such characteristics and duration as is or threatens to be injurious to human health or welfare, plant or animal life, or property, or which interferes with the comfortable enjoyment of life or property.
(6) "Ambient air" means that portion of the atmosphere outside of buildings and other enclosures, stacks or ducts which surrounds human, plant or animal life, or property.
(7) "Ambient air quality standards" means ambient air quality goals expressed numerically and intended to be attained and maintained in a stated time through the application of appropriate preventive or control measures.
(8) "ASME" means the American Society of Mechanical Engineers, 345 East 47th Street, New York, New York.
(9) "ASTM" means the American Society for Testing and Materials, 1916 Race Street, Philadelphia, Pennsylvania.
(10) "Area" means the City of Toledo.
(11) "Control equipment" means any device or contrivance which prevents or reduces emissions.
(12) "Commenced" means that an owner or operator has undertaken a continuous program of construction or modification or has entered into a binding contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction or modification.
(13) "Commissioner" means the Commissioner of the Toledo Pollution Control Division.
(14) "Effective date of these rules" means January 1, 1993 notwithstanding any amendment, rescission or renumbering of any of these rules.
(15) "Emission" means the act of releasing or discharging an air pollutant into the ambient air from any source.
(16) "Existing source" means any source the construction of which was commenced prior to February 15, 1972.
(17) "Facility" means any building, structure, installation, operation or combination thereof which contains one or more stationary source(s) of air contaminants.
(18) "Modification" means any physical change in, or change in the method of operation of, an existing source or a new source that increases the amount of any air pollutant emitted by such source or which results in the emission of any air pollutant not previously emitted from the same location.
(19) "New source" means any source the construction or modification of which is commenced on or after February 15, 1972.
(20) "Non-methane hydrocarbon" means any chemical compound containing carbon but excluding: carbon monoxide, carbon dioxide, carbides, metallic carbonates, ammonium carbonate and methane.
(21) "Owner or operator" means any person who owns, leases, controls, operates or supervises a facility, an emission source, or air pollution control equipment.
(22) "Person" means the State or agency thereof, any political subdivision or any agency thereof, public or private corporation, individual, partnership or other entity.
(23) "Region" means an air quality control region as designated by the Secretary of Health and Human Services, or by the Administrator, United States Environmental Protection Agency or by the Commissioner.
(24) "Source" means any building, structure, facility, operation, installation, other physical facility or real or personal property that emits or may emit any air pollutant.
(25) "Source operation" means the last operation preceding emission which operation:
A. Results in the separation of the air contaminant from the process materials or in the conversion of the process materials into air contaminants, as in the case of combustion fuel; and
B. Is not an air pollution abatement operation.
(26) "Stack" means any chimney, flue, conduit or duct arranged to conduct emissions to the ambient air.
(27) "Standard conditions" means a dry gas temperature of seventy degrees Fahrenheit (21.1 degrees Centigrade) and a gas pressure of 14.7 pounds per square inch absolute (760 millimeters mercury).
(28) "TDPC" means the Toledo Division of Pollution Control or its Commissioner as the context or other law or rules may require.
(Ord. 46-93. Passed 2-2-93.)
It is the purpose of all air pollution regulations to set forth such requirements as shall be necessary to secure and maintain those levels of air quality which are consistent with the protection of health and the prevention of injury to plant and animal life and property in the City; and to provide for the comfortable enjoyment of the natural attractions of the City to the greatest extent practical. All regulations of the Commissioner shall be construed in such manner as to effectuate this purpose.
The Commissioner may require the keeping and periodic submission of records and reports including but not limited to, information on air contaminants, emissions or fuel from any or all potential sources for purposes of maintaining an air pollution emission inventory or any other reasonable purpose as determined by the Commissioner. Such information shall be recorded, compiled and submitted on forms furnished by the Commissioner.
(Ord. 46-93. Passed 2-2-93.)
The Commissioner may require the keeping and periodic submission of records and reports including but not limited to, information on air contaminants, emissions or fuel from any or all potential sources for purposes of maintaining an air pollution emission inventory or any other reasonable purpose as determined by the Commissioner. Such information shall be recorded, compiled and submitted on forms furnished by the Commissioner.
(Ord. 46-93. Passed 2-2-93.)
(a) The Commissioner may require any persons responsible for emission of air contaminants to make or have made tests to determine the emission of air contaminants from any source whenever the Commissioner has reason to believe that an emission in excess of that allowed by these regulations is occurring or has occurred from time to time. All tests shall be conducted by qualified persons and the results calculated in accordance with test procedures approved by the Commissioner. The owner or his authorized agent shall notify the Commissioner in writing of the time, place and person who will conduct the tests and the Commissioner or his representative shall be permitted to witness the tests. The Commissioner shall be furnished with a written report of test results no later than thirty days after completion of the tests and such report shall be signed by the person or persons responsible for the tests. The Commissioner may reject the results of any compliance test which is not performed in accordance with approved test procedures or which is performed without the advance notice and information required by this subsection.
(b) The Commissioner may conduct tests of emissions of air contaminants from any source. Upon request of the Commissioner, the person responsible for the source to be tested shall provide necessary holes in stacks or ducts and such other safe and proper sampling and testing facilities, exclusive of instruments and sensing devices as may be necessary for proper determination of the emission of air contaminants.
(c) The Commissioner may install, or require the owner or operator of any source of air contamination, at his expense, to install, use and maintain monitoring equipment, and to sample his emissions in accordance with methods approved by the Commissioner.
(Ord. 46-93. Passed 2-2-93.)
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