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.)
(a) Scheduled maintenance of air pollution control equipment shall be conducted according to the following:
(1) For the purposes of this rule, maintenance of air pollution control equipment which is scheduled to prevent a malfunction which would occur within two weeks if the maintenance were not performed shall be considered to be a malfunction and shall be subject to the provisions of subsection (b) hereof.
(2) Except as otherwise indicated in subsection (a) (3) hereof, scheduled maintenance of air pollution control equipment that requires the shutdown or bypassing of such equipment, must be accompanied by the shutdown of the associated air pollution sources.
(3) In cases where a complete source shutdown may result in damage to the air pollution sources or is otherwise impossible or impractical, the owner or operator may request authorization to continue operating the sources during the scheduled maintenance of air pollution control equipment. Any such request shall be made in a written report at least two weeks prior to the planned shutdown of the air pollution control equipment. The Commissioner shall authorize the shutdown of the air pollution control equipment if, in his judgment, the situation justifies continued operation of the sources. Any written report submitted pursuant to this subsection shall contain the following:
A. Identification and location of the specific source for which air pollution control equipment will be taken out of service. The identification shall include the Ohio Environmental Protection Agency permit application number;
B. The expected length of time that the air pollution control equipment will be taken out of service;
C. The nature and estimated quantity of emissions of air contaminants which are likely to occur during the shutdown period;
D. Measures such as the use of off-shift labor and equipment that will be taken to minimize the length of the shutdown period;
E. The reasons that it will be impossible or impractical to shut down the source operation during the scheduled maintenance period; and
F. A demonstration that all feasible interim control measures will be taken to reduce emissions from the source during the shutdown period.
(b) Malfunction of air pollution control equipment shall be reported as follows:
(1) In the event that any emission source, air pollution control equipment or related facility breaks down in such a manner as to cause the emission of air contaminants in violation of any applicable law, the person responsible for such equipment shall immediately notify the Toledo Division of Pollution Control of such failure or breakdown. If the malfunction continues for more than seventy-two hours, the source owner or operator shall provide a written statement to the Commissioner within two weeks of the date the malfunction occurred. The immediate notification and written statement shall include the following data:
A. Identification and location of such equipment including the Ohio Environmental Protection Agency permit application number for each air contaminant source;
B. The estimated or actual duration of breakdown;
C. The nature and estimated quantity of air contaminants which have been or may be emitted into the other ambient air during the breakdown period;
D. Statements demonstrating that:
1. Shutdown or reduction of source operation during the breakdown period will be or would have been impossible or impractical;
2. The estimated breakdown period will be or was reasonable in duration based on installation or repair time, delivery dates of equipment, replacement parts or materials, or current unavailability of essential equipment, parts, or materials;
3. Available alternative operating procedures and interim control measures will be or have been implemented during the breakdown period to reduce adverse effects on public health or welfare; and
4. All actions necessary and required by any applicable preventive maintenance and malfunction abatement plan will be or have been implemented.
(2) The Toledo Division of Pollution Control shall be notified when the condition causing the failure or breakdown has been corrected and the equipment is again in operation. Notification of the correction of the condition causing the failure or breakdown may be given verbally if the duration of the malfunction is seventy-two hours or less. Otherwise, such notification shall be in writing.
(3) Within two months following a failure or breakdown which exceeded seventy-two hours in duration, the owner or operator of such equipment shall prepare and submit a detailed report which identifies a program to prevent, detect and correct, as expeditiously as practicable, similar future failures or breakdowns of such equipment.
(c) The Commissioner retains the responsibility to evaluate any report submitted pursuant to this rule. The Commissioner shall take appropriate action upon a determination that the reporting requirements of this rule have not been satisfied, that the equipment was not properly operated and maintained prior to breakdown, that shutdown of the source or operation during the period of maintenance or breakdown was or has become practicable, that the shutdown or breakdown was or has become avoidable, or was induced or prolonged in bad faith, or that the emissions endanger or tend to endanger the health or safety of the public.
(d) If, in the judgment of the Commissioner, excessive or unduly prolonged malfunctions of any emission source, air pollution control equipment or related facility have occurred, the Commissioner may require the owner or operator of such source, equipment or related facility to prepare, submit and implement a preventive maintenance and malfunction abatement plan which is acceptable to the Commissioner. Such plan shall be designed to prevent, detect and correct malfunctions or equipment failures which could result in emissions exceeding any applicable law.
(1) Each preventive maintenance and malfunction abatement plan shall be in writing and specify the following:
A. A comprehensive preventive maintenance program, including a description of the items or conditions that will be inspected, the frequency of these inspections or repairs, and an identification of the types and quantities of the replacement parts which will be maintained in inventory for quick replacement;
B. An identification of the source and the operating outlet variables of the air pollution control equipment that will be monitored in order to detect a malfunction or failure, the normal operating range of the variables, and a description of the monitoring or surveillance procedures and of the method of informing operating personnel of any malfunction, including alarm systems, lights and/or other indicators; and
C. A description of the corrective procedures that will be taken in the event of a malfunction or failure in order to achieve compliance with any applicable law as expeditiously as practicable.
(2) Any acceptable preventive maintenance and malfunction abatement plan shall be specified in the terms and conditions of any permit or variance issued for a source covered by such plan.
(3) Operation and maintenance records shall be maintained by the owner or operator of the source to demonstrate that any preventive maintenance and malfunction abatement plan is fully implemented. All such records shall be maintained for a minimum of two years and shall be subject to inspection by the Commissioner or his representative upon request.
(Ord. 46-93. Passed 2-2-93.)
The emission or escape into the open air from any source or sources whatsoever, of smoke, ashes, dust, dirt, grime, acids, fumes or combinations of substances, in such manner or in such amounts as to endanger or tend to endanger the health, comfort, safety or welfare of the public, or is unreasonably offensive and objectionable to the public, or shall cause unreasonable injury or damage to property or interfere with the comfortable enjoyment of property or normal conduct of business, is hereby found and declared to be a public nuisance. No person shall cause, permit, or maintain any such public nuisance.
(Ord. 46-93. Passed 2-2-93.)
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