Subject: 9846/CityCode/Ch.4/AirPollutionControl Date: Tue, 9 Feb 1993 13:55:00 -0500 ORDINANCE NO. 9846 AN ORDINANCE TO AMEND CHATTANOOGA CITY CODE, PART II, CHAPTER 4, WHICH CHAPTER IS KNOWN AS "THE CHATTANOOGA AIR POLLUTION CONTROL ORDINANCE," BY PROVIDING FOR REVISED RULES PERTAINING TO AMBIENT AIR QUALITY STANDARDS; NEW SOURCE PERFORMANCE STANDARDS; EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS INCLUDING ASBESTOS; AND BY PROVIDING A NEW RULE PERTAINING TO A FEE SCHEDULE FOR BUILDING DEMOLITION AND RENOVATION PERMITS; AND CERTAIN MISCELLANEOUS HOUSEKEEPING REVISIONS. WHEREAS, it is the declared public policy of this city to achieve and maintain such levels of air quality as will protect human health and safety, and to the greatest degree practicable, prevent injury to plant and animal life and property, foster the comfort and convenience of the people; and WHEREAS, local regulation of air quality is the most efficient means toward that end; and WHEREAS, in order to maintain the Certificate of Exemption granted by the Tennessee Air Pollution Control Board it is necessary to adopt regulations no less stringent than state standards; and WHEREAS, the adoption of these amendments is required for the protection of the health, safety and welfare of the people 0C of Chattanooga and to insure maintaining the local Certificate of Exemption; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, That Chapter 4 of Part II of the Chattanooga City Code be amended as is hereinafter set forth: SECTION 1. That Section 4-2 of said Chapter 4 be and is hereby amended by deleting therefrom the definition for "Best available control technology (BACT)" and inserting a new definition in lieu thereof and adding the following definitions: Best available control technology (BACT): An emissions limitation (including a visible emissions limitation) based on the maximum degree of reduction for each pollutant subject to regulation under this chapter which would be emitted from any proposed major stationary source or major modification which the director, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through such application of production processes or available methods, systems and techniques, including fuel cleaning or treatment or innovative fuel combination techniques for control of each such pollutant. In no event shall the application of "best available control technology" result in emissions of any pollutant which would exceed the emissions allowed by any applicable limitation established under Rules 15 and 16. If a source demonstrates to the director that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions limitation infeasible, a design, equipment work practice, operations standard or combination thereof, submitted by the source and approved by the director, may be prescribed instead to satisfy the requirement for the application of best available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results. Owner or operator of a demolition or renovation activity means any person who owns, leases, operates, controls, or supervises the facility being demolished or renovated or any person who owns, leases, operates, controls or supervises the demolition or renovation, or both. Primary Air Quality Standards: Primary ambient air quality standards define levels of air quality believed adequate, with an appropriate margin of safety, to protect public health. Secondary Air Quality Standards: Secondary ambient air quality standards define levels of air quality believed adequate, with an appropriate margin of safety, to protect the public welfare from any known anticipated adverse effects of the pollutant. SECTION 2. That Section 4-8 of said Chapter 4 be and is hereby amended by adding thereto a new subsection (f) as follows: (f) Building demolition or renovation permit. (1) No person shall cause, suffer, allow or permit the renovation of any facility involving the removal or disturbance of friable asbestos-containing material subject to Section 4-41, Rule 17.5, of this chapter, until an application, together with the plans and specifications required by said rule, has been filed by the person or his agent in the office of, and has been approved by, the director and a permit issued for such renovation. For the purposes of this rule, the terms "renovation" and "facility" shall have the same meaning given them in Section 4-41, Rule 17.1, of this chapter. (2) No person shall cause, suffer, allow or permit the demolition of any facility until an application, together with the plans and specifications required by Section 4-41, Rule 17, of this Chapter, has been filed by the person or his agent in the office of, and has been approved by, the director and a permit issued for such demolition. For the purposes of this rule, the terms "demolition" and "facility" shall have the same meaning given them in Section 4-41, Rule 17.1, of this chapter. (3) The plans and specifications, filed pursuant to paragraphs (f)(1) and (2) of this section, shall be submitted on forms approved by the director. Such application shall be filed in accordance with the time requirements set forth in Section 4-41, Rule 17.5, of this chapter. In addition, Rule 17.5 contains the standard for demolition and renovation, including notification requirements applicable to all demolition projects and to certain renovation projects. (4) Fees. The following fee schedules shall apply to the issuance of permits for all demolitions or for those renovations involving friable asbestos-containing materials (ACM) subject to Rule 17.5, except in paragraphs (f)(6) and (f)(7) of this section. Fees shall be collected by the bureau and remitted to the city treasurer who shall accumulate such fees in an account dedicated to the Board for air pollution control activities. Only one fee shall be assessed for any one renovation or demolition project occurring on one contiguous site owned by the same owner where the ACM is calculated (as set forth in Section 4-41, Rule 17.5, of this chapter) in both linear feet and in square feet. Where ACM is to be removed and involves calculating in both linear and square feet, the ACM footage will be summed to determine the appropriate fee from Schedule 4-8-F-2 or Schedule 4-8-F-3: SCHEDULE 4-8-F-1. DEMOLITIONS WHERE NO ASBESTOS IS PRESENT Building Square Footage Fee Up to 20,000 $ 50.00 20,001 - 50,000 50.00 Over 50,000 50.00 SCHEDULE 4-8-F-2. DEMOLITIONS WHERE ASBESTOS IS PRESENT For ACM used to fireproof or insulate pipes, or to insulate any duct, boiler, tank, reactor, turbine, furnace, or structural member, including interior and exterior walls, floors, ceilings, and roofs: Linear/Square feet of ACM Fee 0 - 159 (square feet) $ 100.00 0 - 259 (linear feet) 100.00 160 - 299 (square feet) 200.00 260 - 299 (linear feet) 200.00 300 - 499 300.00 500 - 999 400.00 1,000 - 1,499 500.00 1,500 - 4,999 625.00 5,000 and up 750.00 SCHEDULE 4-8-F-3. RENOVATIONS WHERE ASBESTOS IS PRESENT For ACM used to fireproof or insulate pipes, or to insulate any duct, boiler, tank, reactor, turbine, furnace, or structural member, including interior and exterior walls, floors, ceilings, and roofs: Linear\Square feet of ACM Fee 0 - 159 (square feet) $ 50.00 0 - 259 (linear feet) 50.00 160 - 299 (square feet) 100.00 260 - 299 (linear feet) 100.00 300 - 499 200.00 500 - 999 300.00 1,000 - 1,499 500.00 1,500 - 4,999 625.00 5,000 and up 750.00 (5) Schedule 4-8-F-1 shall apply only to a demolition project in which at least twenty-five percent (25%) of one building is razed. If less than twenty-five percent (25%) of one building is being demolished, the notice required by Section 4-41, Rule 17.5 shall be required, but the fee established in Schedule 4-8-F-1 shall be waived. (6) These fee schedules shall not apply to an owner or operator who has previously certified to the bureau that all asbestos-containing materials have been removed from a building, which was confirmed by the bureau at that time, that is the subject of a subsequent notification of a demolition subject to Rule 17.5 if the owner or operator certifies, at the time of notification to the bureau, that no asbestos-containing materials were added to or placed in the building after the date of original bureau confirmation. SECTION 3. That Section 4-41 of said Chapter 4 be and is hereby amended by deleting in its entirety Rule 15 and substituting in lieu thereof a new Rule 15 to read as follows: Rule 15. New Source Performance Standards Rule 15.1. The emissions standards, prohibitions, and requirements for new sources which were adopted by the Tennessee Air Pollution Control Board, namely the Tennessee Air Pollution Control Regulations, Chapter 1200-3-16, as amended, which were approved and adopted by the Tennessee Air Pollution Control Board on the dates specified in Table 1 below, properly filed with the office of the attorney general and reporter of the state and became effective on the respective dates specified in Table 1 below, three (3) copies of which are and have been on file in the office of the city finance officer for more than thirty (30) days, for the categories of industrial facilities, units or plants specified in Table 2 below are hereby adopted as the official new source performance standards for the control of air pollution as a regulation and ordinance of this city. Table 1 Board Original Adoption Date Rule Effective Date 09/26/76 Chapter 1200-3-16 02/09/77 01/11/77 1200-3-16-.02(6)(h) 04/12/78 03/01/78 1200-3-16-.08(7)(b) 06/16/78 03/01/78 1200-3-16-.12(2)(a) 06/16/78 03/01/78 1200-3-16-.13 06/16/78 03/01/78 1200-3-16-.16(5)(d) 06/16/78 03/01/78 1200-3-16-.18(5)(f) 06/16/78 03/01/78 1200-3-16-.21 06/16/78 03/01/78 1200-3-16-.23(3) 06/16/78 11/29/78 1200-3-16-.01 03/21/79 03/21/79 1200-3-16-.01 06/29/79 04/26/79 1200-3-16-.26 09/10/79 04/26/79 1200-3-16-.27 10/12/79 04/26/79 1200-3-16-.28 12/19/79 04/26/79 1200-3-16-.03 10/19/81 04/26/29 1200-3-16-.06 10/19/81 04/26/79 1200-3-16-.08 10/19/81 04/26/79 1200-3-16-.19 10/19/81 04/26/79 1200-3-16-.22 10/19/81 04/26/79 1200-3-16-.23 10/19/81 04/26/79 1200-3-16-.24 10/19/81 04/26/79 1200-3-16-.25 10/19/81 02/28/80 1200-3-16-.02(1) 09/08/80 02/28/80 1200-3-16-.02a 09/08/80 02/28/80 1200-3-16-.08 07/20/81 05/01/80 1200-3-16-.29 04/23/81 08/05/80 1200-3-16-.27 10/30/81 10/08/80 1200-3-16-.09 07/17/81 02/28/80 1200-3-16-.03 09/08/80 09/15/82 1200-3-16-.32 02/28/83 09/15/82 1200-3-16-.11 04/26/82 10/08/82 1200-3-16-.33 03/02/83 05/30/85 1200-3-16-.34 11/06/88 05/30/85 1200-3-16-.35 11/06/88 07/10/85 1200-3-16-.36 11/06/88 07/10/85 1200-3-16-.37 11/06/88 07/10/85 1200-3-16-.38 11/06/88 07/10/85 1200-3-16-.39 11/06/88 07/10/85 1200-3-16-.40 11/06/88 07/10/85 1200-3-16-.41 11/06/88 07/10/85 1200-3-16-.42 11/06/88 12/12/84 1200-3-16-.43 11/06/88 07/10/85 1200-3-16-.44 11/06/88 07/10/85 1200-3-16-.45 11/06/88 07/10/85 1200-3-16-.46 11/06/88 05/30/85 1200-3-16-.47 11/06/88 05/30/85 1200-3-16-.48 11/06/88 05/30/85 1200-3-16-.49 11/06/88 05/30/85 1200-3-16-.50 11/06/88 04/16/86 1200-3-16-.51 11/06/88 04/16/86 1200-3-16-.52 11/06/88 04/16/86 1200-3-16-.53 11/06/88 04/16/86 1200-3-16-.54 11/06/88 06/18/86 1200-3-16-.55 11/06/88 06/18/86 1200-3-16-.56 11/06/88 06/18/86 1200-3-16-.57 11/06/88 06/18/86 1200-3-16-.58 11/06/88 08/13/87 1200-3-16-.59 11/06/88 02/18/88 1200-3-16-.60 06/02/90 02/18/88 1200-3-16-.61 06/02/90 Table 2 (1) General Provisions (2) Fossil Fuel-fired Steam Generating Units for Which Construction is Commenced after April 3, 1973 (3) Electric Utility Steam Generating Units for Which Construction Commenced After September 18, 1978 (4) Incinerators (5) Portland Cement Plants (6) Sulfuric Acid Plants (7) Nitric Acid Plants (8) Hot Mix Asphalt Facilities (9) Petroleum Refineries (10) Storage Vessels for Petroleum Liquids for which Construction, Reconstruction, or Modification Commenced After April 21, 1976, and Prior to May 19, 1978 (11) Storage Vessels for Petroleum Liquids Constructed After May 18, 1978 (12) Secondary Lead Smelters (13) Secondary Brass and Bronze Ingot Production Plants (14) Iron and Steel Plants (15) Sewage Treatment Plant Incinerators (16) Phosphate Fertilizer Industry: Wet Process Phosphoric Acid Plants (17) Phosphate Fertilizer Industry: Super Phosphoric Acid Plants (18) Phosphate Fertilizer Industry: Diammonium Phosphate Plants (19) Phosphate Fertilizer Industry: Triple Superphosphate Plants (20) Phosphate Fertilizer Industry: Granular Triple Superphosphate Storage Facilities (21) Primary Aluminum Reduction Plants (22) Coal Preparation Plants (23) Primary Copper Smelters (24) Primary Zinc Smelters (25) Primary Lead Smelters (26) Steel Plants: Electric Arc Furnaces Constructed After February 9, 1977, and On or Before August 17, 1983 (27) Ferroalloy Production Facilities (28) Lime Manufacturing Plants (29) Kraft Pulp Mills (30) Grain Elevators (31) Stationary Gas Turbines (32) Ammonium Sulfate Manufacture (33) Glass Manufacturing Plants (34) Automobile and Light Duty Truck Surface Coating Operations (35) Asphalt Processing and Asphalt Roofing Manufacture (36) Industrial Surface Coating: Large Appliances (37) Surface Coating of Metal Furniture (38) Metal Coil Surface Coating (39) Graphic Arts Industry: Publication Rotogravure Printing (40) Beverage Can Surface Coating (41) Metallic Mineral Processing Plants (42) Pressure Sensitive Tape and Label Surface Coating Operations (43) Equipment Leaks of VOC in the Synthetic Organic Chemical Manufacturing Industry (44) Bulk Gasoline Terminals (45) Synthetic Fiber Production Facilities (46) Lead Acid Battery Manufacturing Plants (47) Equipment Leaks of VOC in Petroleum Refineries (48) Flexible Vinyl and Urethane Coating and Printing (49) Petroleum Dry Cleaners (50) Phosphate Rock Plants (51) Equipment Leaks of VOC from Onshore Natural Gas Processing Plants (52) Electric Arc Furnaces and Argon-Oxygen Decarburitzation Vessels (53) Non-metallic Mineral Processing Plants (54) Onshore Natural Gas Processing: SO2 Emissions (55) Secondary Emissions from Basic Oxygen Process Steelmaking Facilities (56) Wool Fiberglass Insulation Manufacturing Plants (57) Industrial Surface Coating: Plastic Parts for Business Machines (58) Reserved (59) Industrial-Commercial-Institutional Steam Generating Units (60) Rubber Tire Manufacturing Industry (61) Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for which Construction, Reconstruction, or Modification Commenced After June 2, 1990. Rule 15.2. Wherever the term "technical secretary" is used in the new source performance standards, the term "Director of the Chattanooga-Hamilton County Air Pollution Control Bureau" shall be substituted for the purposes of Rule 15. Rule 15.3. Wherever the date "April 3, 1972" is used, the date "April 12, 1977" shall be substituted for the purposes of Rule 15. Rule 15.4. Wherever the phrases "paragraph 1200-3-9" or "paragraph 1200-3-9-.01(4)" or "Chapter 1200-3-9" are used, "Section 4-41, Rule 18" shall be substituted for the purposes of Rule 15. Rule 15.5. Wherever the phrase "permit" is used, the phrase "installation permit," "temporary operating permit" or "certificate of operation," as appropriate, shall be substituted for the purposes of Rule 15. Rule 15.6. The following language in Chapter 1200-3-16-.01(1) is hereby deleted: "When a standard for visible emissions, particulate matter, sulfur oxides, or any other pollutant is specified for an affected facility in this chapter, it will supersede the standards in any other rule of the regulations. Otherwise,". Rule 15.7. Words, phrases, and terms defined in the Tennessee Air Pollution Control Regulation, Chapter 1200-3-16, New Source Performance Standards, shall be used only for the purpose of interpreting and administering Rule 15 and shall not be used to alter or vary in any way the specific definitions provided for at Section 4-2 of this Chapter. Wherever the phrase "Chapter 1200-3-2" is used, "Section 4-2" shall be substituted for the purposes of Rule 15. SECTION 4. That Section 4-41 of said Chapter 4 be and is hereby amended so as to delete Rule 16 in its entirety and substitute in lieu thereof a new Rule 16 to read as follows: Rule 16. Emission Standards for Hazardous Air Contaminants. Rule 16.1. The following emissions standards, prohibitions, and requirements for certain hazardous air contaminants, namely the Tennessee Air Pollution Control Regulations, Chapter 1200-3-11, which were approved and adopted by the air pollution control board of the state on the dates specified in Table 1 below, approved by the office of the attorney general and reporter of this state and properly filed with the secretary of state for this state, and which became effective on the respective dates specified in Table 1 below, three (3) copies of which are and have been on file in the office of the county clerk for more than thirty (30) days, are hereby adopted as official emissions standards, prohibitions, and requirements for the control of air pollution. Table 1 Board Adoption Date Rule Effective Date 1200-3-11-.01 01/10/77 General Provisions 02/09/77 original; 05/17/78 06/16/78 amended; 09/21/88 11/06/88 amended; 05/17/90 07/01/90 amended. 1200-3-11-.03 * Beryllium 06/07/74 original; 09/29/76 02/09/77 amended; 09/10/79 10/25/79 amended. 1200-3-11-.04 * Mercury 06/07/74 original; 09/29/76 02/09/77 amended; 09/21/88 11/06/88 amended. 1200-3-11-.05 03/13/78 Vinyl Chloride 04/12/78 original; 09/10/79 10/25/79 amended; 09/21/88 11/06/88 amended. 1200-3-11-.06 09/21/88 Equipment Leaks 11/06/88 original. 1200-3-11-.07 09/21/88 Equipment Leaks 11/06/88 original. (Benzene) 1200-3-11-.09 09/21/88 Inorganic Arsenic 11/06/88 original. Emissions From Glass Manufacturing Plants 1200-3-11-.10 09/21/88 Inorganic Arsenic 11/06/88 original. Emissions From Primary Copper Smelters 1200-3-011-.11 09/21/88 Inorganic Arsenic 11/06/88 original. Emissions From Arsenic Trioxide and Metallic Arsenic Production Facilities * Date not available Rule 16.2. Where the term "technical secretary" is used, the term "Director of the Chattanooga-Hamilton County Air Pollution Control Bureau" shall be substituted for the purposes of Rule 16.1; and where the word "Board" is used it shall have the same meaning as in Section 4-2 of this Chapter. Rule 16.3. Where the term "rule 1200-3-9" or "rule 1200-3-9-.01" is used, the term "Section 4-8" shall be substituted for the purposes of Rule 16.1. Where the term "construction permit" is used, the term "installation permit" shall be substituted for the purposes of Rule 16.1. Rule 16.4. Where the term "commenced" is used, it shall have the meaning of the word "commence" in Section 4-2 of this Chapter. Rule 16.5. The words, phrases and terms defined in the Tennessee Air Pollution Control Regulations, Chapter 1200-3-11, Hazardous Air Contaminants, shall be used only for the purpose of interpreting and administering Rule 16.1 and shall not be used to otherwise alter or vary in any way the definitions provided in Section 4-2 of this Chapter. Rule 16.6. The penalties for violation of Rule 16.1 shall be the penalties provided in section 4-4 of this Code. SECTION 5. That Section 4-41 of said Chapter 4 be and is hereby amended so as to renumber Rule 17. General Provisions and Applicability for Process Gaseous Emissions Standards as Rule 23. SECTION 6. That Section 4-41 of said Chapter be and is hereby amended so as to add a new Rule 17 to read as follows: Rule 17. Emission Standard for Asbestos Rule 17.1. Definitions. All terms that are used in this rule and are not defined below are given the same meaning as in Section 4-2. (1) Active waste disposal site means any disposal site other than an inactive site. (2) Adequately wet means to sufficiently mix or penetrate with liquid to prevent the release of particulates. If visible emissions are observed coming from asbestos-containing material, then that material has not been adequately wetted. However, the absence of visible emissions is not sufficient evidence of being adequately wetted. (3) Asbestos means the asbestiform varieties of serpentinite (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite, anthophyllite, and actinolite-tremolite. (4) Asbestos-containing waste materials means mill tailings or any waste that contains commercial asbestos and is generated by a source subject to the provisions of this subpart. This term includes filters from control devices, friable asbestos waste material, and bags or other similar packaging contaminated with commercial asbestos. As applied to demolition and renovation operations, this term also includes regulated asbestos-containing material waste and materials contaminated with asbestos including disposable equipment and clothing. (5) Asbestos mill means any facility engaged in converting, or in any intermediate step in converting, asbestos ore into commercial asbestos. Outside storage of asbestos material is not considered a part of the asbestos mill. (6) Asbestos tailings means any solid waste that contains asbestos and is a product of asbestos mining or milling operations. (7) Asbestos waste from control devices means any waste material that contains asbestos and is collected by a pollution control device. (8) Category I nonfriable asbestos-containing material (ACM) means asbestos-containing packing, gaskets, resilient floor covering, and asphalt roofing products containing more than 1 percent asbestos as determined using the method specified in Appendix A, subpart F, 40 CFR part 763, section 1, Polarized Light Microscopy, Revised as of July 1, 1991, which is incorporated by reference as if fully set forth herein. (9) Category II nonfriable ACM means any material, excluding Category I nonfriable ACM, containing more than 1 percent asbestos as determined using the methods specified in appendix A, subpart F, 40 CFR part 763, section 1, Polarized Light Microscopy, Revised as of July 1, 1991, which is incorporated by reference as if fully set forth herein, that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure. (10) Commercial asbestos means any material containing asbestos that is extracted from ore and has value because of its asbestos content. (11) Cutting means to penetrate with a sharp-edged instrument and includes sawing, but does not include shearing, slicing. (12) Demolition means the wrecking or taking out of any load-supporting structural member of a facility together with any related handling operations or the intentional burning of any facility. (13) Emergency renovation operation means a renovation operation that was not planned but results from a sudden, unexpected event that, if not immediately attended to, presents a safety or public health hazard, is necessary to protect equipment from damage, or is necessary to avoid imposing an unreasonable financial burden. This term includes operations necessitated by nonroutine failures of equipment. (14) Fabricating means any processing (e.g., cutting, sawing, drilling) of a manufactured product that contains commercial asbestos, with the exception of processing at temporary sites (field fabricating) for the construction or restoration of facilities. In the case of friction products, fabricating includes bonding, debonding, grinding, sawing, drilling, or other similar operations performed as part of fabricating. (15) Facility means any institutional, commercial, public, industrial, or residential structure, installation, or building (including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding residential buildings having four or fewer dwelling units); any ship; and any active or inactive waste disposal site. For purposes of this definition, any building, structure, or installation that contains a loft used as a dwelling is not considered a residential structure, installation, or building. Any structure, installation or building that was previously subject to Rule 16 is not excluded, regardless of its current use or function. (16) Facility component means any part of a facility including equipment. (17) Friable asbestos material means any material containing more than 1 percent asbestos as determined using the method specified in appendix A, subpart F, 40 CFR part 763, section 1, Polarized Light Microscopy, Revised as of July 1, 1992, which is incorporated by reference as if fully set forth herein, that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. If the asbestos content is less than 10 percent as determined by a method other than point counting by polarized light microscopy (PLM), verify the asbestos content by point counting using PLM. (18) Fugitive source means any source of emissions not controlled by an air pollution control device. (19) Glove bag means a sealed compartment with attached inner gloves used for the handling of asbestos- containing materials. Properly installed and used, glove bags provide a small work area enclosure typically used for small-scale asbestos stripping operations. Information on glove-bag installation, equipment and supplies, and work practices is contained in the Occupational Safety and Health Administration's (OSHA's) final rule on occupational exposure to asbestos (appendix G to 29 CFR 1926.58, Revised July 1, 1992). (20) Grinding means to reduce to powder or small fragments and includes mechanical chipping or drilling. (21) In poor condition means the binding of the material is losing its integrity as indicated by peeling, cracking, or crumbling of the material. (22) Inactive waste disposal site means any disposal site or portion of it where additional asbestos- containing waste material has not been deposited within the past year. (23) Installation means any building or structure or any group of buildings or structures at a single demolition or renovation site that are under the control of the same owner or operator (or owner or operator under common control). (24) Leak-tight means that solids or liquids cannot escape or spill out. It also means dust-tight. (25) Malfunction, for the purposes of Rule 17, means any sudden and unavoidable failure of air pollution control equipment or process equipment or of a process to operate in a normal or usual manner so that emissions of asbestos are increased. Failures of equipment shall not be considered malfunctions if they are caused in any way by poor maintenance, careless operation, or any other preventable upset condition, equipment breakdown, or process failure. (26) Manufacturing means the combining of commercial asbestos--or, in the case of woven friction products, the combining of textiles containing commercial asbestos--with any other material(s), including commercial asbestos, and the processing of this combination into a product. Chlorine production is considered a part of manufacturing. (27) Natural barrier means a natural object that effectively precludes or deters access. Natural barriers include physical obstacles such as cliffs, lakes or other large bodies of water, deep and wide ravines, and mountains. Remoteness by itself is not a natural barrier. (28) Nonfriable asbestos-containing material means any material containing more than 1 percent asbestos as determined using the method specified in appendix A, subpart F, 40 CFR part 763, section 1, Polarized Light Microscopy, Revised as of July 1, 1992, which is incorporated by reference as if fully set forth herein, that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure. (29) Nonscheduled renovation operation means a renovation operation necessitated by the routine failure of equipment, which is expected to occur within a given period based on past operating experience, but for which an exact date cannot be predicted. (30) Outside air means the air outside buildings and structures, including, but not limited to, the air under a bridge or in an open air ferry dock. (31) Owner or operator of a demolition or renovation activity means any person who owns, leases, operates, controls, or supervises the facility being demolished or renovated or any person who owns, leases, operates, controls, or supervises the demolition or renovation operation, or both. (32) Particulate asbestos material means finely divided particles of asbestos or material containing asbestos. (33) Planned renovation operations means a renovation operation, or a number of such operations, in which some RACM will be removed or stripped within a given period of time and that can be predicted. Individual nonscheduled operations are included if a number of such operations can be predicted to occur during a given period of time based on operating experience. (34) Regulated asbestos-containing material (RACM) means (a) friable material, (b) Category I nonfriable ACM that has become friable, (c) Category I nonfriable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading, or (d) Category II nonfriable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations regulated by this Rule. (35) Remove means to take out RACM or facility components that contain or are covered with RACM from any facility. (36) Renovation means altering a facility or one or more facility components in any way, including the stripping or removal of RACM from a facility component even if temporary. Operations in which load-supporting structural members are wrecked or taken out are demolitions. (37) Resilient floor covering means asbestos-containing floor tile, including asphalt and vinyl floor tile, and sheet vinyl floor covering containing more than 1 percent asbestos as determined using polarized light microscopy according to the method specified in appendix A, subpart F, 40 CFR part 763, Section 1, Polarized Light Microscopy, Revised July 1, 1992, which is incorporated by reference as if fully set forth herein. (38) Roadways means surfaces on which vehicles travel. This term includes public and private highways, roads, streets, parking areas, and driveways. (39) Strip means to take off RACM from any part of a facility or facility components. (40) Structural member means any load supporting member of a facility, such as beams and load supporting walls; or any nonload-supporting member, such as ceilings and nonload-supporting walls. (41) Visible emissions means any emissions, which are visually detectable without the aid of instruments, coming from RACM or asbestos-containing waste material, or from any asbestos milling, manufacturing, or fabricating operation. This does not include condensed, uncombined water vapor. (42) Waste generator means any owner or operator of a source covered by this Rule whose act or process produces asbestos-containing waste material. (43) Waste shipment record means the shipping document, required to be originated and signed by the waste generator, used to track and substantiate the disposition of asbestos-containing waste material. (44) Working day means Monday through Friday and includes holidays that fall on any of the days Monday through Friday. Rule 17.2. Standard for asbestos mills. (1) Each owner or operator of an asbestos mill shall either discharge no visible emissions to the outside air from that asbestos mill, including fugitive sources, or use the methods specified by Rule 17.12 to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air. (2) Each owner or operator of an asbestos mill shall meet the following requirements: a. Monitor each potential source of asbestos emissions from any part of the mill facility, including air cleaning devices, process equipment, and buildings that house equipment for material processing and handling, at least once a day, during daylight hours, for visible emissions to the outside air during periods of operation. The monitoring shall be by visual observation of at least 15 seconds duration per source of emissions. b. Inspect each air cleaning device at least once each week for proper operation and for changes that signal the potential for malfunction, including, to the maximum extent possible without dismantling other than opening the device, the presence of tears, holes, and abrasions in filter bags and for dust deposits on the clean side of bags. For air cleaning devices that cannot be inspected on a weekly basis according to this paragraph, submit to the Director, and revise as necessary, a written maintenance plan to include, at a minimum, the following: 1. Maintenance schedule. 2. Recordkeeping plan. c. Maintain records of the results of visible emissions monitoring and air cleaning device inspections using a format similar to that shown in Figures 1 and 2 (copies of which shall be maintained in the office of the Chattanooga-Hamilton County Air Pollution Control Board) OR (attached hereto and incorporated herein by reference) and include the following: 1. Date and time of each inspection. 2. Presence or absence of visible emissions. 3. Condition of fabric filters, including presence of any tears, holes, and abrasions. 4. Presence of dust deposits on clean side of fabric filters. 5. Brief description of corrective actions taken, including date and time. 6. Daily hours of operation for each air cleaning device. d. Furnish upon request, and make available at the affected facility during normal business hours for inspection by the Director, all records required under this Rule. e. Retain a copy of all monitoring and inspection records for at least 2 years. f. Submit quarterly a copy of visible emission monitoring records to the Director if visible emissions occurred during the report period. Quarterly reports shall be postmarked by the 30th day following the end of the calendar quarter. Rule 17.3. Standard for roadways. No person may construct or maintain a roadway with asbestos tailings or asbestos-containing material on that roadway, unless, for asbestos tailings: (1) It is a temporary roadway on an area of asbestos ore deposits (asbestos mine); or (2) It is a temporary roadway at an active asbestos mill site and is encapsulated with a resinous or bituminous binder. The encapsulated road surface must be maintained at a minimum frequency of once per year to prevent dust emissions; or (3) It is encapsulated in asphalt concrete meeting the specifications contained in section 401 of Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-85, 1985, or their equivalent. Rule 17.4. Standards for manufacturing. (1) Applicability. This standard applies to the following manufacturing operations using commercial asbestos: a. The manufacture of cloth, cord, wicks, tubing, tape, twine, rope, thread, yarn, roving, lap, or other textile materials; b. The manufacture of cement products; c. The manufacture of fireproofing and insulating materials; d. The manufacture of friction products; e. The manufacture of paper, millboard, and felt; f. The manufacture of floor tile; g. The manufacture of paints, coatings, caulks, adhesives, and sealants; h. The manufacture of plastics and rubber materials; i. The manufacture of chlorine utilizing asbestos diaphragm technology; j. The manufacture of shotgun shell wads; and k. The manufacture of asphalt concrete. (2) Standard. Each owner or operator of any of the manufacturing operations to which Rule 17.4 applies shall: a. Either discharge no visible emissions to the outside air from these operations or from any building or structure in which they are conducted or from any other fugitive sources; or b. Use the methods specified by Rule 17.12 to clean emissions from these operations containing particulate asbestos material before they escape to, or are vented to, the outside air; and shall also c. Monitor each potential source of asbestos emissions from any part of the manufacturing facility, including air cleaning devices, process equipment, and buildings housing material processing and handling equipment, at least once each day during daylight hours for visible emissions to the outside air during periods of operation. The monitoring shall be by visual observation of at least 15 seconds duration per source of emissions. d. Inspect each air cleaning device at least once each week for proper operation and for changes that signal the potential for malfunctions, including, to the maximum extent possible without dismantling other than opening the device, the presence of tears, holes, and abrasions in filter bags and for dust deposits on the clean side of bags. For air cleaning devices that cannot be inspected on a weekly basis according to this paragraph, submit to the Director, and revise as necessary, a written maintenance plan to include, at a minimum, the following: 1. Maintenance schedule; and 2. Recordkeeping plan. e. Maintain records of the results of visible emission monitoring and air cleaning device inspections using a format similar to that shown in Figures 1 and 2 and include the following: 1. Date and time of each inspection; 2. Presence or absence of visible emissions; 3. Condition of fabric filters, including presence of any tears, holes and abrasions; 4. Presence of dust deposits on clean side of fabric filters; 5. Brief description of corrective actions taken, including date and time; and 6. Daily hours of operation for each air cleaning device. f. Furnish, upon request, and make available at the affected facility during normal business hours for inspection by the Director or a representative of the Director, all records required under Rule 17.4. g. Retain a copy of all monitoring and inspection records for at least 2 years. h. Submit quarterly a copy of the visible emission monitoring records to the Director if visible emissions occurred during the reporting period. Quarterly reports shall be postmarked by the 30th day following the end of the calendar quarter. Rule 17.5. Standard for demolition and renovation. (1) Applicability. To determine which requirements of paragraphs (1), (2), and (3) of Rule 17.5 apply to the owner or operator of a demolition or renovation activity and prior to the commencement of the demolition or renovation, the owner or operator shall thoroughly inspect the affected facility or part of the facility where the demolition or renovation operation will occur for the presence of asbestos, including Category I and Category II nonfriable ACM. Any asbestos survey conducted by or for the owner or operator to determine the applicability of Rule 17.5 shall be conducted by a qualified person who has complied with the training requirements of paragraph (3)h. The requirements of paragraphs (2) and (3) of Rule 17.5 apply to each owner or operator of a demolition or renovation activity, including the removal of RACM as follows: a. In a facility being demolished, all the requirements of paragraphs (2) and (3) of this section apply, except as provided in paragraph (1)(c) of Rule 17.5, if the combined amount of RACM is 1. At least 80 linear meters (260 linear feet) on pipes or at least 15 square meters (160 square feet) on other facility components, or 2. At least 1 cubic meter (35 cubic feet) removed from facility components where the length or area could not be measured previously. b. In a facility being demolished, only the notification requirements of paragraphs (2)a., (2)b., (2)c.,1. and 4., and (2)d.1. through 7. and 9. through 16. of Rule 17.5 apply, if the combined amount of RACM is 1. Less than 80 linear meters (260 linear feet) on pipes and less than 15 square meters (160 square feet) on other facility components, and 2. Less than one cubic meter (35 cubic feet) removed from facility components where the length or area could not be measured previously or there is no asbestos. These notification requirements apply to all demolition projects, even if no RACM has been identified by the owner or operator. c. If the facility is being demolished under an order of a State or local government agency, issued because the facility is structurally unsound and in danger of imminent collapse, only the requirements of paragraphs (2)a., (2)b., (2)c.3, (2)d. (except (2)d.8), and (3)d. through i. of Rule 17.5 apply. d. In a facility being renovated, including any individual nonscheduled renovation operation, all the requirements of paragraphs (2) and (3) of Rule 17.5 apply if the combined amount of RACM to be stripped, removed, dislodged, cut, drilled, or similarly disturbed is 1. At least 80 linear meters (260 linear feet) on pipes or at least 15 square meters (160 square feet) on facility components, or 2. At least 1 cubic meter (35 cubic feet) removed from facility components where the length or area could not be measured previously. 3. To determine whether paragraph (1)d. of Rule 17.5 applies to planned renovation operations involving individual nonscheduled operations, predict the combined additive amount of RACM to be removed or stripped during a calendar year of January 1 through December 31. 4. To determine whether paragraph (1)d. of Rule 17.5 applies to emergency renovation operations, estimate the combined amount of RACM to be removed or stripped as a result of the sudden, unexpected event that necessitated the renovation. (2) Notification requirements. Each owner or operator of a demolition or renovation activity to which Rule 17.5 applies shall: a. Provide the Director with written notice of intention to demolish or renovate on a form specified by the Director and available from the Bureau. Facsimile transmission is not acceptable. In addition, Section 4-8(f) contains requirements for building demolition or renovation permits and related permit fees, including requirements applicable to all demolition projects and to certain renovation projects. b. Update the notice, as necessary, including when the amount of asbestos affected changes by at least 20 percent. c. Assure receipt by the Director of the original written notice as follows: 1. At least 10 working days before asbestos stripping or removal work or any other activity begins (such as site preparation that would break up, dislodge or similarly disturb asbestos material), if the operation is described in paragraphs (1)a. and d. (except (1)d.3. and (1)d.4.) of Rule 17.5. 2. At least 10 working days before any demolition operation described in paragraph (1)b. begins. 3. At least 10 working days before the end of the calendar year preceding the year for which notice is being given for renovations described in paragraph (1)d.3. of Rule 17.5. 4. As early as possible before, but not later than the following working day, if the operation is a demolition according to paragraph (1)c. of Rule 17.5 or, if the operation is a renovation described in paragraph (1)d.4. of Rule 17.5. 5. For asbestos stripping or removal work in a demolition or renovation operation, described in paragraphs (1)a. or d. (except (1)d.3. and (1)d.4.) of Rule 17.5, and for a demolition described in paragraph (1)(b) of Rule 17.5, that will begin on a date other than the one contained in the original notice, notice of the new start date must be provided to the Director as follows: (i) When the asbestos stripping or removal operation or demolition operation covered by this paragraph will begin after the date contained in the notice, (A) Notify the Director of the new start date by telephone as soon as possible before the original start date, and (B) Provide the Director with an original written notice of the new start date as soon as possible before, and no later than, the original start date. Facsimile transmission is not acceptable. (ii) When the asbestos stripping or removal operation or demolition operation covered by Rule 17.5 will begin on a date earlier than the original start date, (A) Provide the Director with an original written notice of the new start date at least 10 working days before asbestos stripping or removal work begins. Facsimile transmission is not acceptable. (B) For demolitions covered by paragraph (1)b. of Rule 17.5, provide the Director an original written notice of a new start date at least 10 working days before commencement of demolition. Facsimile transmission is not acceptable. (iii) In no event shall an operation covered by Rule 17.5 begin on a date other than the date contained in the written notice of the new start date. d. Include the following in the notice: 1. An indication of whether the notice is the original or a revised notification; 2. Name, address, and telephone number of both the facility owner and operator and the asbestos removal contractor or operator; 3. Type of operation: demolition or renovation; 4. Description of the facility or affected part of the facility including the size (square meters [square feet] and number of floors), age, and present and prior use of the facility; 5. Procedure, including analytical methods, employed to detect the presence of RACM and Category I and Category II nonfriable ACM; 6. Estimate of the approximate amount of RACM to be removed from the facility in terms of length of pipe in linear meters (linear feet), surface area in square meters (square feet) on other facility components, or volume in cubic meters (cubic feet) if off the facility components. Also, estimate the approximate amount of Category I and Category II nonfriable ACM in the affected part of the facility that will not be removed before demolition; 7. Location and street address (including city and building number or name and floor or room number, if appropriate) of the facility being demolished or renovated; 8. Scheduled starting and completion dates of asbestos work (or any other activity, such as site preparation that would break up, dislodge, or similarly disturb asbestos material) in a demolition or renovation; planned renovation operations involving individual nonscheduled operations shall only include the beginning and ending dates of the report period as described in paragraph (1)d.3. of Rule 17.5; 9. Scheduled starting and completion dates of demolition or renovation; 10. Description of planned demolition or renovation work to be performed and method(s) to be employed, including demolition or renovation techniques to be used, and description of affected facility components; 11. Description of work practices and engineering controls to be used to comply with the requirements of Rule 17.5, including asbestos removal and waste-handling emission control procedures; 12. Name and location of the waste disposal site where the asbestos-containing waste material will be deposited; 13. On and after January 1, 1993, a certification that at least one person trained as required by paragraph (3)h. of Rule 17.5 will supervise the stripping and removal described by this notification; 14. For facilities described in paragraph (1)c. of Rule 17.5, the name, title, and authority of the State or local government representative who has ordered the demolition, the date that the order was issued, and the date on which the demolition was ordered to begin or was ordered to be completed. A copy of the order shall be attached to the notification; 15. For emergency renovations described in paragraph (1)d.4. of Rule 17.5, the date and hour that the emergency occurred, a description of the sudden, unexpected event, and an explanation of how the event caused an unsafe condition, or would cause equipment damage or an unreasonable financial burden; 16. Description of procedures to be followed in the event that unexpected RACM is found or Category II nonfriable ACM becomes crumbled, pulverized, or reduced to powder; and 17. Name, address, and telephone number of the waste transporter. (3) Procedures for asbestos emission control. Each owner or operator of a demolition or renovation activity to whom Rule 17.5 applies, according to paragraph (1) of Rule 17.5, shall comply with the following procedures: a. Remove all RACM from a facility being demolished or renovated before any activity begins that would break up, dislodge, or similarly disturb the material or preclude access to the material for subsequent removal. RACM need not be removed before demolition if: 1. It is Category I nonfriable ACM that is not in poor condition and is not friable; 2. It is on a facility component that is encased in concrete or other similarly hard material and is adequately wet whenever expected during demolition; 3. It was not accessible for testing and was, therefore, not discovered until after demolition began and, as a result of the demolition, the material cannot be safely removed. If not removed for safety reasons, the exposed RACM and any asbestos-contaminated debris must be treated as asbestos-containing waste material and adequately wet at all times until disposed of; or 4. It is Category II nonfriable ACM and the probability is low that the materials will become crumbled, pulverized, or reduced to powder during demolition. b. When a facility component that contains, is covered with, or is coated with RACM is being taken out of the facility as a unit or in sections: 1. Adequately wet all RACM exposed during cutting or disjoining operations; and 2. Carefully lower each unit or section to the floor and to ground level, not dropping, throwing, sliding, or otherwise damaging or disturbing the RACM. c. When RACM is stripped from a facility component while it remains in place in the facility, adequately wet the RACM during the stripping operation. 1. In renovation operations, wetting is not required if: i. The owner or operator has obtained prior written approval from the Director based on a written application that wetting to comply with this paragraph would unavoidably damage equipment or present a safety hazard; and ii. The owner or operator uses one of the following emission control methods: (A) A local exhaust ventilation and collection system designed and operated to capture the particulate asbestos material produced by the stripping and removal of the asbestos materials. The system must exhibit no visible emissions to the outside air or be designed and operated in accordance with the requirements in Rule 17.12; (B) A glove-bag system designed and operated to contain particulate asbestos material produced by the stripping of the materials; or (C) Leak-tight wrapping to contain all RACM prior to dismantlement. 2. In renovation operations where wetting would result in equipment damage or a safety hazard, and the methods allowed in paragraph (3)c.1. of Rule 17.5 cannot be used, another method may be used after written approval from the Director based upon a determination that it is equivalent to wetting in controlling emissions or to the methods allowed in paragraph (3)c.1. of Rule 17.5. 3. A copy of the Director's written approval shall be kept at the worksite and made available for inspection. d. After a facility component covered with, coated with, or containing RACM has been taken out of the facility as a unit or in sections pursuant to paragraph (3)b. of Rule 17.5, it shall be stripped or contained in leak-tight wrapping, except as described in paragraph (3)e. of Rule 17.5. If stripped, either: 1. Adequately wet the RACM during stripping; or 2. Use a local exhaust ventilation and collection system designed and operated to capture the particulate asbestos material produced by the stripping. The system must exhibit no visible emissions to the outside air or be designed and operated in accordance with the requirements in Rule 17.12. e. For large facility components such as reactor vessels, large tanks, and steam generators, but not beams (which must be handled in accordance with paragraphs (3)b., c., and d. of Rule 17.5), the RACM is not required to be stripped if the following are met: 1. The component is removed, transported, stored, disposed of, or reused without disturbing or damaging the RACM; 2. The component is encased in a leak-tight wrapping; and 3. The leak-tight wrapping is labeled according to Rule 17.9 (4)a.1., and 3. during all loading and unloading operations and during storage. f. For all RACM, including material that has been removed or stripped: 1. Adequately wet the material and ensure that it remains wet until collected and contained or treated in preparation for disposal in accordance with Rule 17.10; 2. Carefully lower the material to the ground and floor, not dropping, throwing, sliding, or damaging or disturbing the material; 3. Transport the material to the ground via leak-tight chutes or containers if it has been removed or stripped more than 50 feet above ground level and was not removed as units or in sections; 4. RACM contained in leak-tight wrapping that has been removed in accordance with paragraphs (3)d. and (3)c.1.(ii)(c) of Rule 17.5 need not be wetted. g. When the temperature at the point of wetting is below 0B0 C (32B0 F): 1. The owner or operator need not comply with paragraph (3)b.1. and the wetting provisions of paragraph (3)c. of Rule 17.5. 2. The owner or operator shall remove facility components containing, coated with, or covered with RACM as units or in sections to the maximum extent possible. 3. During periods when wetting operations are suspended due to freezing temperatures, the owner or operator must record the temperature in the area containing the facility components at the beginning, middle, and end of each workday and keep daily temperature records available for inspection by the Director during normal business hours at the demolition or renovation site. The owner or operator shall retain the records for at least 2 years. h. On and after January 1, 1993, no RACM shall be stripped, removed, or otherwise handled or disturbed at a facility regulated by Rule 17.5 unless at least one on-site representative, such as a foreman or management-level person or other authorized representative, trained in the provisions of Rule 17.5 and the means of complying with them, is present. Every 2 years, the trained on-site individual shall receive refresher training in the provisions of Rule 17.5. The required training shall include as a minimum: applicability; notifications; material identification; control procedures for removals including, at least, wetting, local exhaust ventilation, negative pressure enclosures, glove-bag procedures, and High Efficiency Particulate Air (HEPA) filters; waste disposal work practices; reporting and recordkeeping; and asbestos hazards and worker protection. Evidence that the required training has been completed shall be posted and made available for inspection by the Director at the demolition or renovation site. i. For facilities described in paragraph (1)c. of Rule 17.5, adequately wet the portion of the facility that contains RACM during the operation. j. If a facility is demolished by intentional burning, all RACM including Category I and Category II nonfriable ACM must be removed in accordance with Rule 17.5 before burning. Rule 17.6. Standard for spraying. The owner or operator of an operation in which asbestos-containing materials are spray applied shall comply with the following requirements: (1) For spray-on application on buildings, structures, pipes, and conduits, do not use material containing more than 1 percent asbestos as determined using the method specified in appendix A, subpart F, 40 CFR part 763, section 1, Polarized Light Microscopy, Revised July 1, 1992, which is incorporated by reference as if fully set forth herein, except as provided in paragraph (3) of Rule 17.6. (2) For spray-on application of materials that contain more than 1 percent asbestos as determined using the method specified in appendix A, subpart F, 40 CFR part 763, section 1, Polarized Light Microscopy, Revised July 1, 1992, which is incorporated by reference as if fully set forth herein, on equipment and machinery, except as provided in paragraph (3) of Rule 17.6: a. Notify the Director at least 20 days before beginning the spraying operation. Include the following information in the notice: 1. Name and address of owner or operator; 2. Location of spraying operation; 3. Procedures to be followed to meet the requirements of this paragraph. b. Discharge no visible emissions to the outside air from spray-on application of the asbestos-containing material or use the methods specified by Rule 17.12 to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air. (3) The requirements of paragraphs (1) and (2) of Rule 17.6 do not apply to the spray-on application of materials where the asbestos fibers in the materials are encapsulated with a bituminous or resinous binder during spraying and the materials are not friable after drying. Rule 17.7. Standards for fabricating. (1) Applicability. This rule applies to the following fabricating operations using commercial asbestos: a. The fabrication of cement building products; b. The fabrication of friction products, except those operations that primarily install asbestos friction materials on motor vehicles; and c. The fabrication of cement or silicate board for ventilation hoods; ovens; electrical panels; laboratory furniture, bulkheads, partitions, and ceilings for marine construction; and flow control devices for the molten metal industry. (2) Standard. Each owner or operator of any of the fabricating operations to which Rule 17.7 applies shall either: a. Either discharge no visible emissions to the outside air from any of the operations or from any building or structure in which they are conducted or from any other fugitive sources; or b. Use the methods specified by Rule 17.12 to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air; and shall also c. Monitor each potential source of asbestos emissions from any part of the fabricating facility, including air cleaning devices, process equipment, and buildings that house equipment for material processing and handling, at least once each day, during daylight hours, for visible emissions to the outside air during periods of operation. The monitoring shall be by visual observation of at least 15 second duration per source of emissions. d. Inspect each air cleaning device at least once each week for proper operation and for changes that signal the potential for malfunctions, including, to the maximum extent possible without dismantling other than opening the device, the presence of tears, holes, and abrasions in filter bags and for dust deposits on the clean side of bags. For air cleaning devices that cannot be inspected on a weekly basis according to this paragraph, submit to the Director, and revise as necessary, a written maintenance plan to include, at a minimum, the following: 1. Maintenance schedule; and 2. Recordkeeping plan. e. Maintain records of the results of visible emission monitoring and air cleaning device inspections using a format similar to that shown in Figures 1 and 2 and include the following: 1. Date and time of each inspection; 2. Presence or absence of visible emissions; 3. Condition of fabric filters, including presence of any tears, holes, and abrasions; 4. Presence of dust deposits on clean side of fabric filters; 5. Brief description of corrective actions taken, including date and time; and 6. Daily hours of operation for each air cleaning device. f. Furnish upon request and make available at the affected facility during normal business hours for inspection by the Director, all records required under Rule 17.7. g. Retain a copy of all monitoring and inspection records for at least 2 years. h. Submit quarterly a copy of the visible emission monitoring records to the Director if visible emissions occurred during the report period. Quarterly reports shall be postmarked by the 30th day following the end of the calendar quarter. Rule 17.8. Standard for insulating materials. No owner or operator of a facility may install or reinstall on a facility component any insulating materials that contain commercial asbestos if the materials are either molded and friable or wet-applied and friable after drying. The provisions of Rule 17.8 do not apply to spray-applied insulating materials regulated under Rule 17.6. Rule 17.9. Standard for waste disposal for asbestos mills. Each owner or operator of any source covered under the provisions of Rule 17.2 shall: (1) Deposit all asbestos-containing waste material at a waste disposal site operated in accordance with the provisions of Rule 17.14 and (2) Discharge no visible emissions to the outside air from the transfer of control device asbestos waste to the tailings conveyor, or use the method specified by Rule 17.12 to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air. Dispose of the asbestos waste from control devices in accordance with Rule 17.10 or paragraph (3) of Rule 17.9; and (3) Discharge no visible emissions to the outside air during the collection, processing, packaging, or on-site transporting of any asbestos-containing waste material, or use one of the disposal methods specified in paragraphs (3)a. or b. of Rule 17.9, as follows: a. Use a wetting agent as follows: 1. Adequately mix all asbestos-containing waste material with a wetting agent recommended by the manufacturer of the agent to effectively wet dust and tailings, before depositing the material at a waste disposal site. Use the agent as recommended for the particular dust by the manufacturer of the agent. 2. Discharge no visible emissions to the outside air from the wetting operation or use the methods specified by Rule 17.12 to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air. 3. Wetting may be suspended when the ambient temperature at the waste disposal site is less than -9.5B0 C (15B0 F), as determined by an appropriate measurement method with an accuracy of +/- 1 degree C (+/- 2 degrees F). During periods when wetting operations are suspended, the temperature must be recorded at least at hourly intervals, and records must be retained for at least 2 years in a form suitable for inspection. b. Use an alternative emission control and waste treatment method that has received prior written approval by the Administrator of the U.S. Environmental Protection Agency pursuant to 40 CFR 61.149(c)(2). The owner or operator shall provide the Director with a photocopy of the written approval. To obtain approval for an alternative method, a written application must be submitted to the Director demonstrating that the following criteria are met: 1. The alternative method will control asbestos emissions equivalent to currently required methods; 2. The suitability of the alternative method for the intended application; 3. The alternative method will not violate other regulations; and 4. The alternative method will not result in increased water pollution, land pollution, or occupational hazards. (4) When waste is transported by vehicle to a disposal site: a. Mark vehicles used to transport asbestos-containing waste material during the loading and unloading of the waste so that the signs are visible. The markings must: 1. Be displayed in such a manner and location that a person can easily read the legend; 2. Conform to the following requirements for 51 cm x 36 cm (20 in x 14 in) upright format signs: Caution signs. Standard color of the background shall be yellow; and the panel, black with yellow letters. Any letters used against the yellow background shall be black. The colors shall be those of opaque glossy samples as specified in Table 1 of American National Standard Z53.1-1967; and 3. Display the following legend in the lower panel with letter sizes and styles of a visibility at least equal to those specified in Rule 17.9. Legend Notation DANGER 2.5 cm (1 inch) Sans Serif Gothic or Block 2.5 cm (1 inch) Sans ASBESTOS DUST HAZARD Serif Gothic or Block 1.9 cm (3/4 inch) Sans CANCER AND LUNG DISEASE Serif Gothic or Block HAZARD 14 point Gothic Authorized Personnel Only Spacing between any two lines must be at least equal to the height of the upper of the two lines. b. For off-site disposal, provide a copy of the waste shipment record, described in paragraph (5)a. of Rule 17.9, to the disposal site owner or operator at the same time as the asbestos-containing waste material is delivered to the disposal site. (5) For all asbestos-containing waste material transported off the facility site: a. Maintain asbestos waste shipment records, using a form similar to that shown in Figure 3 (a copy of which may be obtained from the Chattanooga-Hamilton County Air Pollution Control Board) OR (a copy of which is attached hereto and incorporated herein by reference), and include the following information: 1. The name, address, and telephone of the waste generator; 2. The name and address of the local, State, or EPA Regional agency responsible for administering the asbestos NESHAP program; 3. The quantity of the asbestos-containing material in cubic meters (cubic yards); 4. The name and telephone number of the disposal site operator; 5. The name and physical site location of the disposal site; 6. The date transported; 7. The name, address, and telephone number of the transporter(s); and 8. A certification that the contents of this consignment are fully and accurately described by proper shipping name and are classified, packed, marked, and labeled, and are in all respects in proper condition for transport by highway according to applicable international and government regulations. b. For waste shipments where a copy of the waste shipment record, signed by the owner or operator of the designated disposal site, is not received by the waste generator within 35 days of the date the waste was accepted by the initial transporter, contact the transporter and/or the owner or operator of the designated disposal site to determine the status of the waste shipment. c. Report in writing to the Director and also to any other officer or agency where required by local, state, or federal law covering the waste generator if a copy of the waste shipment record, signed by the owner or operator of the designated waste disposal site, is not received by the waste generator within 45 days of the date the waste was accepted by the initial transporter. Include in the report the following information: 1. A copy of the waste shipment record for which a confirmation of delivery was not received, and 2. A cover letter signed by the waste generator explaining the efforts taken to locate the asbestos waste shipment and the results of those efforts. d. Retain a copy of all waste shipment records, including a copy of the waste shipment record signed by the owner or operator of the designated waste disposal site, for at least 2 years. (6) Furnish upon request, and make available for inspection by the Director, all records required under Rule 17.9. Rule 17.10. Standard for waste disposal for manufacturing, fabricating, demolition, renovation, and spraying operations. Each owner or operator of any source covered under the provisions of Rules 17.4, 17.5, 17.6, and 17.7 shall comply with the following provisions: (1) Discharge no visible emissions to the outside air during the collection, processing (including incineration), packaging, or transporting of any asbestos-containing waste material generated by the source, or use one of the emission control and waste treatment methods specified in paragraphs (1)a. through d. of Rule 17.10. a. Adequately wet asbestos-containing waste material as follows: 1. Mix control device asbestos waste to form a slurry; adequately wet other asbestos-containing waste material; and 2. Discharge no visible emissions to the outside air from collection, mixing, wetting, and handling operations, or use the methods specified by Rule 17.12 to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air; and 3. After wetting, seal all asbestos-containing waste material in leak-tight containers while wet; or, for materials that will not fit into containers without additional breaking, put materials into leak-tight wrapping; and 4. Label the containers or wrapped materials specified in paragraphs (1)a.3. of Rule 17.10 using warning labels specified by Occupational Safety and Health Standards of the Department of Labor, Occupational Safety and Health Administration under 29 CFR 1910.1001(j)(2) or 1926.58(k)(2)(iii). The labels shall be printed in letters of sufficient size and contrast so as to be readily visible and legible. 5. For asbestos-containing waste material to be transported off the facility site, label containers or wrapped materials with the name of the waste generator and the location at which the waste was generated. b. Process asbestos-containing waste material into nonfriable forms as follows: 1. Form all asbestos-containing waste material into nonfriable pellets or other shapes; 2. Discharge no visible emissions to the outside air from collection and processing operations, including incineration, or use the method specified by Rule 17.12 to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air. c. For facilities demolished where the RACM is not removed prior to demolition according to Rule 17.5(3)a.1., 2., 3., and 4. or for facilities demolished according to Rule 17.5(3)i., adequately wet asbestos-containing waste material at all times after demolition and keep wet during handling and loading for transport to a disposal site. Asbestos-containing waste materials covered by Rule 17.10 do not have to be sealed in leak-tight containers or wrapping but may be transported and disposed of in bulk. d. Use an alternative emission control and waste treatment method that has received prior approval by the Administrator of the U.S. Environmental Protection Agency pursuant to 40 CFR 61.150(a)(4) according to the procedure described in Rule 17.9(3)b. The owner or operator shall provide the Director with a photocopy of the written approval. e. As applied to demolition and renovation, the requirements of paragraph (1) of Rule 17.10 do not apply to Category I nonfriable ACM waste and Category II nonfriable ACM waste that did not become crumbled, pulverized, or reduced to powder. (2) All asbestos-containing waste material shall be deposited as soon as is practical by the waste generator at: a. A waste disposal site operated in accordance with the provisions of Rule 17.14 or b. An EPA-approved site that converts RACM and asbestos-containing waste material into nonasbestos (asbestos-free) material according to the provisions of Rule 17.15. c. The requirements of paragraph (2) of Rule 17.10 do not apply to Category I nonfriable ACM that is not RACM. (3) Mark vehicles used to transport asbestos-containing waste material during the loading and unloading of waste so that the signs are visible. The markings must conform to the requirements of Rule 17.9(4)a.1., 2., and 3. (4) For all asbestos-containing waste material transported off the facility site: a. Maintain waste shipment records, using a form similar to that shown in Figure 3, and include the following information: 1. The name, address, and telephone number of the waste generator; 2. The name and address of the local, State, or EPA Regional office responsible for administering the asbestos NESHAP program; 3. The approximate quantity in cubic meters (cubic yards); 4. The name and telephone number of the disposal site operator; 5. The name and physical site location of the disposal site; 6. The date transported; 7. The name, address, and telephone number of the transporter; and 8. A certification under oath that the contents of this consignment are fully and accurately described by proper shipping name and are classified, packed, marked, and labeled, and are in all respects in proper condition for transport by highway according to applicable international and government regulations. b. Provide a copy of the waste shipment record, described in paragraph (4)a. of Rule 17.10, to the disposal site owners or operators at the same time as the asbestos-containing waste material is delivered to the site. c. For waste shipments where a copy of the waste shipment record, signed by the owner or operator of the designated site, is not received by the waste generator within 35 days of the date the waste was accepted by the initial transporter, contact the transporter and/or the owner or operator of the designated disposal site to determine the status of the waste shipment. d. Report in writing to the Director and also to any other officer or agency where required by local, state, or federal law covering the waste generator if a copy of the waste shipment record, signed by the owner or operator of the designated waste disposal site, is not received by the waste generator within 45 days of the date the waste was accepted by the initial transporter. Include in the report the following information: 1. A copy of the waste shipment record for which a confirmation of delivery was not received, and 2. A cover letter signed by the waste generator explaining the efforts taken to locate the asbestos waste shipment and the results of those efforts. e. Retain a copy of all waste shipment records, including a copy of the waste shipment record signed by the owner or operator of the designated waste disposal site, for at least 2 years. (5) Furnish upon request, and make available for inspection by the Director, all records required under Rule 17.10. Rule 17.11. Standard for inactive waste disposal sites for asbestos mills and manufacturing and fabricating operations. Each owner or operator of any inactive waste disposal site that was operated by sources covered under Rules 17.2, 17.4, or 17.7 and received deposits of asbestos-containing waste material generated by the sources, shall: (1) Comply with one of the following: a. Either discharge no visible emissions to the outside air from an inactive waste disposal site subject to this paragraph; or b. Cover the asbestos-containing waste material with at least 15 centimeters (6 inches) of compacted nonasbestos-containing material, and grow and maintain a cover of vegetation on the area adequate to prevent exposure of the asbestos-containing waste material. In any chert area where vegetation is impossible to maintain, at least 8 additional centimeters (3 inches) of well-graded, nonasbestos crushed rock may be placed on top of the chert and maintained to prevent emissions; or c. Cover the asbestos-containing waste with at least 60 centimeters (2 feet) of compacted nonasbestos-containing material, and maintain it to prevent the exposure of the asbestos-containing waste; or d. For inactive waste disposal sites for asbestos tailings, a resinous or petroleum-based dust suppression agent that effectively binds dust to control surface air emissions may be used instead of the methods in paragraphs (1)a., b., and c. of Rule 17.11. Use the agent in the manner and frequency recommended for the particular asbestos tailings by the manufacturer of the dust suppression agent to achieve and maintain dust control. Obtain prior written approval of the Director to use other equally effective dust suppression agents. For purposes of Rule 17.11, any used, spent, or other waste oil is not considered a dust suppression agent. (2) Unless a natural barrier adequately deters access by the general public, install and maintain warning signs and fencing as follows, or comply with paragraph (1)b. or (1)c. of Rule 17.11. a. Display warning signs at all entrances and at intervals of 100 m (328 feet) or less along the property line of the site or along the perimeter of the sections of the site where asbestos-containing waste material was deposited. The warning signs must: 1. Be posted in such a manner and location that a person can easily read the legend; and 2. Conform to the following requirements for 51 cm x 36 cm (20" x 14") upright format: signs specified in 29 CFR 1910.145(d); Caution signs. Standard color of the background shall be yellow; and the panel, black with yellow letters. Any letters used against the yellow background shall be black. The colors shall be those of opaque glossy samples as specified in Table 1 of American National Standard Z53.1-1967; and 3. Display the following legend in the lower panel with letter sizes and styles of a visibility at least equal to those specified in this paragraph. Legend Notation ASBESTOS WASTE DISPOSAL 2.5 cm (1 inch) Sans SITE Serif Gothic or Block DO NOT CREATE DUST 1.9 cm (3/4 inch) Sans Serif Gothic or Block BREATHING ASBESTOS IS 14 point Gothic HAZARDOUS TO YOUR HEALTH Spacing between any two lines must be at least equal to the height of the upper of the two lines. b. Fence the perimeter of the site in a manner adequate to deter access by the general public. c. When requesting a determination on whether a natural barrier adequately deters public access, supply information enabling the Director to determine whether a fence or a natural barrier adequately deters access by the general public. (3) The owner or operator may use an alternative control method that has received prior approval of the Administrator of the U.S. Environmental Protection Agency pursuant to 40 CFR 61.151(c) rather than comply with the requirements of paragraph (1) or (2) of Rule 17.11. The owner or operator shall provide the Director with a photocopy of the written approval. (4) Notify the Director in writing at least 45 days prior to excavating or otherwise disturbing any asbestos-containing waste material that has been deposited at a waste disposal site under Rule 17.11, and follow the procedures specified in the notification. If the excavation will begin on a date other than the one contained in the original notice, notice of the new start date must be provided to the Director at least 10 working days before excavation begins and in no event shall excavation begin earlier than the date specified in the original notification. Include the following information in the notice: a. Scheduled starting and completion dates; b. Reason for disturbing the waste; c. Procedures to be used to control emissions during the excavation, storage, transport, and ultimate disposal of the excavated asbestos-containing waste material. If deemed necessary, the Director may require changes in the emission control procedures to be used; and d. Location of any temporary storage site and the final disposal site. (5) On or before the site becomes inactive, record, in accordance with State law, an instrument in the chain of title of the facility property that would normally be examined in a title search, that will in perpetuity notify any potential purchaser of the property that: a. The land has been used for the disposal of asbestos-containing waste material; b. The survey plot and record of the location and quantity of asbestos-containing waste disposed of within the disposal site required in Rule 17.14(6) have been filed with the Director; and c. The site is subject to 40 CFR part 61, subpart M. Rule 17.12. Air cleaning. (1) The owner or operator who uses air cleaning, as specified in Rules 17.2(1); 17.4(2)b.; 17.5(3)c.1.(ii)(A); 17.5(3)d.2.; 17.6(2)b.; 17.7(2)b.; 17.9(2); 17.9(3)a.2.; 17.10(1)a.2.; 17.10(1)b.2.; and 17.15(5) shall: a. Use fabric filter collection devices, except as noted in paragraph (b) of Rule 17.12, doing all of the following: 1. Ensuring that the airflow permeability, as determined by ASTM Method D737-75, does not exceed 9 mB3/min/mB2 (30 ftB3/min/ftB2) for woven fabrics or 113/min/mB2 (35 ftB3/min/ftB2) for felted fabrics, except that 12 mB3/min/mB2 (40 ftB3/min/ftB2) for woven and 14 mB3/min/mB2 (45 ftB3/min/ftB2) for felted fabrics is allowed for filtering air from asbestos ore dryers; and 2. Ensuring that felted fabric weighs at least 475 grams per square meter (14 ounces per square yard) and is at least 1.6 millimeter (one-sixteenth inch) thick throughout; and 3. Avoiding the use of synthetic fabrics that contain fill yarn other than that which is spun. b. Properly install, use, operate, and maintain all air-cleaning equipment authorized by Rule 17.12. Bypass devices may be used only during upset or emergency conditions and then only for so long as it takes to shut down the operation generating the particulate asbestos material. c. For fabric filter collection devices, provide for easy inspection for faulty bags. (2) There are the following exceptions to paragraph (1)a.: a. If the use of fabric creates a fire or explosion hazard, or the Director determines that a fabric filter is not feasible, the Director may authorize as a substitute the use of wet collectors designed to operate with a unit contacting energy of at least 9.95 kilopascals (40 inches water gage pressure). b. Use a HEPA filter that is certified to be at least 99.97 percent efficient for 0.3 micron particles. c. The Administrator of the U.S. Environmental Protection Agency pursuant to 40 CFR 61.152(b)(3) may authorize the use of filtering equipment other than described in paragraphs (1)a. and (2)a. and b. of Rule 17.13 if the owner or operator demonstrates to the Administrator's satisfaction that it is equivalent to the described equipment in filtering particulate asbestos material. The owner or operator shall provide the Director with a photocopy of the written authorization. Rule 17.13. Reporting. (1) Any new source to which Rule 17 applies (with the exception of sources subject to Rules 17.3, 17.5, 17.6, and 17.8) which has an initial startup date preceding the effective date of this revision, shall provide the following information to the Director delivered within 90 days of the effective date. In the case of a new source that does not have an initial startup date preceding the effective date, the information shall be delivered within 90 days of the initial startup date. Any owner or operator of an existing source shall deliver the following information to the Director within 90 days of the effective date of this subpart unless the owner or operator of the existing source has previously provided this information to the Director. Any changes in the information provided by any existing source shall be delivered to the Director within 30 days after the change. Facsimile transmission is not acceptable. a. A description of the emission control equipment used for each process; and 1. If the fabric device uses a woven fabric, the airflow permeability in mB3/min/mB2 and; if the fabric is synthetic, whether the fill yarn is spun or not spun; and 2. If the fabric filter device uses a felted fabric, the density in g/mB2, the minimum thickness in inches, and the airflow permeability in mB3/min/mB2. b. If a fabric filter device is used to control emissions, 1. The airflow permeability in mB3/min/mB2 (ftB3/min/ftB2) if the fabric filter device uses a woven fabric, and, if the fabric is synthetic, whether the fill yarn is spun or not spun; and 2. If the fabric filter device uses a felted fabric, the density in g/mB2 (oz/ydB2), the minimum thickness in millimeters (inches), and the airflow permeability in mB3/min/mB2 (ftB3/min/ftB2). c. If a HEPA filter is used to control emissions, the certified efficiency. d. For sources subject to Rules 17.9 and 17.10: 1. A brief description of each process that generates asbestos-containing waste material; and 2. The average volume of asbestos-containing waste material disposed of, measured in mB3/day (ydB3/day); and 3. The emission control methods used in all stages of waste disposal; and 4. The type of disposal site or incineration site used for ultimate disposal, the name of the site operator, and the name and location of the disposal site. e. For sources subject to Rules 17.11 and 17.14: 1. A brief description of the site; and 2. The method or methods used to comply with the standard, or alternative procedures to be used. (2) The information required by Rule 17.13(1) must accompany the information submitted to the Administrator of U.S. EPA pursuant to 40 CFR 61.10, Revised July 1, 1992. Active waste disposal sites subject to Rule 17.14 shall also comply with this provision. The information described in Rule 17.13 must be reported using the format required by the Bureau. Rule 17.14. Standard for active waste disposal sites. Each owner or operator of an active waste disposal site that receives asbestos-containing waste material from a source covered under Rules 17.9, 17.10, or 17.15 shall meet the requirements of this rule: (1) Either there must be no visible emissions to the outside air from any active waste disposal site where asbestos-containing waste material has been deposited, or the requirements of paragraph (3) or (4) of Rule 17.14 must be met. (2) Unless a natural barrier adequately deters access by the general public, either warning signs and fencing must be installed and maintained as follows, or the requirements of paragraph (3)a. of Rule 17.14 must be met. a. Warning signs must be displayed at all entrances and at intervals of 100 m (330 ft) or less along the property line of the site or along the perimeter of the sections of the site where asbestos-containing waste material is deposited. The warning signs must: 1. Be posted in such a manner and location that a person can easily read the legend; and 2. Conform to the requirements of 51 cm x 36 cm (20" x 14") upright format signs: Caution signs. Standard color of the background shall be yellow; and the panel, black with yellow letters. Any letters used against the yellow background shall be black. The colors shall be those of opaque glossy samples as specified in Table 1 of American National Standard Z53.1-1967; and 3. Display the following legend in the lower panel with letter sizes and styles of a visibility at least equal to those specified in Rule 17.14. Legend Notation ASBESTOS WASTE DISPOSAL 2.5 cm (1 inch) Sans SITE Serif Gothic or Block DO NOT CREATE DUST 1.9 cm (3/4 inch) Sans Serif Gothic or Block BREATHING ASBESTOS IS 14 point Gothic HAZARDOUS TO YOUR HEALTH Spacing between any two lines must be at least equal to the height of the upper of the two lines. b. The perimeter of the disposal site must be fenced in a manner adequate to deter access by the general public. c. Upon request and supply of appropriate information, the Director will determine whether a fence or a natural barrier adequately deters access by the general public. (3) Rather than meet the no visible emission requirement of paragraph (1) of Rule 17.14, at the end of each operating day, or at least once every 24-hour period while the site is in operation, the asbestos-containing waste material that has been deposited at the site during the operating day or previous 24-hour period shall: a. Be covered with at least 15 centimeters (6 inches) of compacted nonasbestos-containing material, or b. Be covered with a resinous or petroleum-based dust suppression agent that effectively binds dust and controls wind erosion. Such an agent shall be used in the manner and frequency recommended for the particular dust by the dust suppression agent manufacturer to achieve and maintain dust control. Other equally effective dust suppression agents may be used upon prior approval by the Director. For the purposes of Rule 17.14, any used, spent, or other waste oil is not considered a dust suppression agent. (4) Rather than meet the no visible emission requirement of paragraph (1) of Rule 17.14, use an alternative emissions control method that has received prior written approval by the Administrator of the U.S. Environmental Protection Agency pursuant to 40 CFR 61.154(d) according to the procedures described in Rule 17.9(3)b. The owner or operator shall provide the Director with a photocopy of the written approval. (5) For all asbestos-containing waste material received, the owner or operator of the active waste disposal site shall: a. Maintain waste shipment records, using a form similar to that shown in Figure 3, and include the following information: 1. The name, address, and telephone number of the waste generator; 2. The name, address, and telephone number of the transporter(s); 3. The quantity of the asbestos-containing waste material in cubic meters (cubic yards); 4. The presence of improperly enclosed or uncovered waste, or any asbestos-containing waste material not sealed in leak-tight containers. Report in writing to the Director and also to any other officer or agency where required by local, state or federal law covering the waste generator (identified in the waste shipment record), and, if different, the local, State, or EPA Regional office responsible for administering the asbestos NESHAP program for the disposal site, by the following working day, the presence of a significant amount of improperly enclosed or uncovered waste. Submit a copy of the waste shipment record along with the report; and 5. The date of the receipt. b. As soon as possible and no longer than 30 days after receipt of the waste, send a copy of the signed waste shipment record to the waste generator. c. Upon discovering a discrepancy between the quantity of waste designated in the waste shipment records and the quantity actually received, attempt to reconcile the discrepancy with the waste generator. If the discrepancy is not resolved within 15 days after receiving the waste, immediately report in writing to the Director and also to any other officer or agency where required by local, state, or federal law covering the waste generator (identified in the waste shipment record), and, if different, the local, State, or EPA Regional office responsible for administering the asbestos NESHAP for the disposal site. Describe the discrepancy and attempts to reconcile it, and submit a copy of the waste shipment record along with the report. d. Retain a copy of all records and reports required by this paragraph for at least 2 years. (6) Maintain, until closure, records of the location, depth and area, and quantity in cubic meters (cubic yards) of asbestos-containing waste material within the disposal site on a map or diagram of the disposal area. (7) Upon closure, comply with all the provisions of Rule 17.11. (8) Submit to the Director, upon closure of the facility, a copy of records of asbestos waste disposal locations and quantities. (9) Furnish upon request, and make available during normal business hours for inspection by the Director, all records required under Rule 17.14. (10) Notify the Director in writing at least 45 days prior to excavating or otherwise disturbing any asbestos-containing waste material that has been deposited at a waste disposal site and is covered. If the excavation will begin on a date other than the one contained in the original notice, notice of the new start date must be provided to the Director at least 10 working days before excavation begins and in no event shall excavation begin earlier than the date specified in the original notification. Include the following information in the notice: a. Scheduled starting and completion dates; b. Reason for disturbing the waste; c. Procedures to be used to control emissions during the excavation, storage, transport, and ultimate disposal of the excavated asbestos-containing waste material. If deemed necessary, the Administrator may require changes in the emission control procedures to be used; and d. Location of any temporary storage site and the final disposal site. Rule 17.15. Standard for operations that convert asbestos-containing waste material into nonasbestos (asbestos-free) material. Each owner or operator of an operation that converts RACM and asbestos-containing waste material into nonasbestos (asbestos-free) material shall: (1) Obtain the prior written approval of the Administrator of the U.S. Environmental Protection Agency pursuant to 40 CFR 61.155(a) to construct the facility. The owner or operator shall provide the Director with a photocopy of the written approval. To obtain approval, the owner or operator shall provide the Administrator with the following information: a. Application to construct pursuant to Section 4-840 CFR 61.07. b. In addition to the information requirements of 40 CFR 61.07(b)(3), a 1. Description of waste feed handling and temporary storage. 2. Description of process operating conditions. 3. Description of the handling and temporary storage of the end product. 4. Description of the protocol to be followed when analyzing output materials by transmission electron microscopy. c. Performance test protocol, including provisions for obtaining information required under paragraph (2) of Rule 17.15. d. The Administrator of the U.S. Environmental Protection Agency may require that a demonstration of the process be performed prior to approval of the application to construct. (2) Conduct a start-up performance test. Test results shall include: a. A detailed description of the types and quantities of nonasbestos material, RACM, and asbestos-containing waste material processed, e.g., asbestos cement products, friable asbestos insulation, plaster, wood, plastic, wire, etc. The test feed is to include the full range of materials that will be encountered in actual operation of the process; b. Results of analyses, using polarized light microscopy, that document the asbestos content of the wastes processed; c. Results of analyses, using transmission electron microscopy, that document that the output materials are free of asbestos. Samples for analysis are to be collected as 8-hour composite samples (one 200-gram [7-ounce] sample per hour), beginning with the initial introduction of RACM or asbestos-containing waste material and continuing until the end of the performance test; d. A description of operating parameters, such as temperature and residence time, defining the full range over which the process is expected to operate to produce nonasbestos (asbestos-free) materials. Specify the limits for each operating parameter within which the process will produce nonasbestos (asbestos-free) materials; and e. The duration of the test. (3) During the initial 90 days of operation, a. Continuously monitor and log the operating parameters identified during start-up performance tests that are intended to ensure the production of nonasbestos (asbestos-free) output material. b. Monitor input materials to ensure that they are consistent with the test feed materials described during start-up performance tests in paragraph (2)a. of Rule 17.15. c. Collect and analyze samples, taken as 10-day composite samples (one 200-gram [7-ounce] sample collected every 8 hours of operation) of all output material for the presence of asbestos. Composite samples may be for fewer than 10 days. Transmission electron microscopy shall be used to analyze the output material for the presence of asbestos. During the initial 90-day period, all output materials must be stored on-site until analysis shows the material to be asbestos-free or disposed of as asbestos-containing waste material in accordance with Rule 17.10. (4) After the initial 90 days of operation, a. Continuously monitor and record the operating parameters identified during start-up performance testing and any subsequent performance testing. Any output produced during a period of deviation from the range of operating conditions established to ensure the production of nonasbestos (asbestos-free) output materials shall be: 1. Disposed of as asbestos-containing waste material in accordance with Rule 17.10 or 2. Recycled as waste feed during process operation within the established range of operating conditions, or 3. Stored temporarily on-site in a leak-tight container until analyzed for asbestos content. Any product that is not asbestos-free shall be either disposed of as asbestos-containing waste material or recycled as waste feed to the process. b. Collect and analyze monthly composite samples (one 200-gram [7-ounce] sample collected every 8 hours of operation) of the output material. Transmission electron microscopy shall be used to analyze the output material for the presence of asbestos. (5) Discharge no visible emissions to the outside air from any part of the operation, or use the methods specified by Rule 17.12 to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air. (6) Maintain records on-site and include the following information: a. Results of start-up performance testing and all subsequent performance testing, including operating parameters, feed characteristic, and analyses of output materials. b. Results of the composite analyses required during the initial 90 days of operation under Rule 17.15(3). c. Results of the monthly composite analyses required under Rule 17.15(4). d. Results of the continuous monitoring and logs of process operating parameters under Rules 17.15(3) and (4). e. The information on waste shipments received as required in Rule 17.14(5). f. For output materials where no analyses were performed to determine the presence of asbestos, record the name and location of the purchaser or disposal site to which the output materials were sold or deposited, and the date of sale or disposal. g. Retain records required by paragraph (6) of Rule 17.15 for at least 2 years. (7) Submit the following reports to the Administrator: a. A report for each analysis of product composite samples performed during the initial 90 days of operation. b. A quarterly report, including the following information concerning activities during each consecutive 3-month period: 1. Results of analyses of monthly product composite samples; 2. A description of any deviation from the operating parameters established during performance testing, the duration of the deviation, and steps taken to correct the deviation; 3. Disposition of any product produced during a period of deviation, including whether it was recycled, disposed of as asbestos-containing waste material, or stored temporarily on-site until analyzed for asbestos content; 4. The information on waste disposal activities as required in Rule 17.14(6). (8) Nonasbestos (asbestos-free) output material is not subject to any of the provisions of Rule 17. Output materials in which asbestos is detected, or output materials produced when the operating parameters deviated from those established during the start-up performance testing, unless shown by transmission electron microscopy analysis to be asbestos-free, shall be considered to be asbestos-containing waste and shall be handled and disposed of according to Rules 17.10 and 17.14 or reprocessed while all of the established operating parameters are being met. SECTION 7. That Section 4-41, Rule 21 of said Chapter 4 be and is hereby amended to read as follows: Rule 21. Ambient Air Quality Standards. Ambient air quality standards as given in Table 1. TABLE 1 AMBIENT AIR QUALITY STANDARDS All values other than annual values are maximum concentrations not to be exceeded more than once per year. Parts per million (PPM) values are approximate only. All concentrations relate to air at standard conditions of 25 degrees centigrade temperature and 760 millimeters mercury pressure. ug/mB3-Micrograms per AGM-Annual geometric AAM-Annual arithmetic cubic meter mean mean ________________________________________________________________________ Primary Standard Secondary Standard Contaminants Concentration Concentration Averaging Averaging Interval Interval ug/mB3 ppm by ug/mB3 ppm by volume volume B9Total Suspended 75 -- AGM 60 -- AGM Particulates 260 -- 24 hr. 150 -- 24 hr. B2PM[10] 50 AGM 50 AAM 150 24 hr. 150 24 hr. Sulfur Dioxide 80 0.03 AAM 1,300 0.5 3 hr. 365 0.14 24 hr. Carbon Monoxide 10,000 9.0 8 hr. 10,000 9.0 8 hr. 40,000 35.0 1 hr. 40,000 35.0 1 hr. B3Ozone 235 0.12 1 hr. 235 0.12 1 hr. Nitrogen Dioxide 100 0.05 AAM 100 0.05 AAM Lead 1.5 Calendar 1.5 Calendar Quarter Quarter [4,5]Gaseous 1.2 1.5 30 days 1.2 1.5 30 days Fluorides 1.6 2.0 7 days 1.6 2.0 7 days Expressed as HF 2.9 3.5 24 hours 2.9 3.5 24 hours 3.7 4.5 12 hours 3.7 4.5 12 hours Notes: 1. This value of 60 for an AGM for particulate matter is a guide to be used in addressing implementation plans to achieve the 24-hour standard. 2. The 24-hour standards are attained when the expected number of days per calendar year with a 24-hour average concentration above 150 ug/mB3, as determined by 40 Code of Federal Regulations Part 50, Appendix K, Revised as of July 1, 1992, which is adopted herein by reference, is equal to or less than one. The annual standards are attained when the expected annual arithmetic mean concentration, as determined in accordance with Appendix K as cited above, is less than or equal to 50 ug/mB3. 3. The standard is attained when the expected number of days per calendar year with maximum hourly concentration above 0.12 ppm (235 ug/mB3) is equal to or less than 1 as determined by the 40 Code of Federal Regulations Part 50, Appendix H, Revised as of July 1, 1992, which is adopted herein by reference. 4. Concentrations in micrograms per cubic meter (ug/mB3) are approximate only, as they pertain to gaseous fluorides. 5. All averaging intervals are consecutive time periods. SECTION 8. That Section 4-41, Rule 25.2(33) of said Chapter 4 be and is hereby amended by deleting therefrom the definition for "Volatile organic compound (VOC)" and inserting in lieu thereof the following: (33) Volatile organic compound (VOC) means any compound of carbon excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates and ammonium carbonate. This includes any such organic compound other than the following, which have been determined to have negligible photochemical reactivity, unless the compound is subject to an emissions limitation under Rule 15 or Rule 16: methane; ethane; methylene chloride (dichloromethane); 1,1,1-trichloroethane (methyl chloroform); 1,1,1-trichloro-2,2,2-trifluoroethane (CFC-113); trichlorofluoromethane (CFC-11); dichlorodifluoromethane (CFC-12); chlorodifluoromethane (CFC-22); trifluoromethane (FC-23); 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-114); chloropentafluoroethane (CFC-115); 1,1,1-trifluro 2,2-dichloroethane (HCFC-123); 1,1,1,2-tetrafluoroethane (HCFC-134a); 1,1-dichloro 1-fluoroethane (HCFC-141b); 1-chloro-1,1- difluoroethane (HCFC-142b);2-chloro-1,1,1,2- tetrafluoroethane (HCFC-124); pentafluoroethane (HFC-125); 1,1,2,2-tetrafluoroethane (HCFC-134); 1,1,1-trifluoroethane (HCFC-143a); 1,1- difluoroethane (HCFC-152a); and perfluorocarbon compounds which fall into these classes: (i) Cyclic, branched, or linear, completely fluorinated alkanes; (ii) Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations; (iii) Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and (iv) Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine. (1) For purposes of determining compliance with emissions limits, VOC will be measured by the test methods in this chapter or Title 40 Code of Federal Regulations Part 60, Appendix A, as applicable. Where such a method also measures compounds with negligible photochemical reactivity, these negligibly-reactive compounds may be excluded as VOC if the amount of such compounds is accurately quantified, and such exclusion is approved by the director. (2) As a precondition to excluding these compounds as VOC or at any time thereafter, the director shall require an owner or operator to provide monitoring or testing methods and results demonstrating the amount of negligibly-reactive compounds in the source's emissions. SECTION 9. BE IT FURTHER ORDAINED, That Ordinance No. 6021, Ordinance No. 6059, Ordinance No. 6091, Ordinance No. 6221, Ordinance No. 6362, Ordinance No. 6502, Ordinance No. 6519, Ordinance No. 6838, Ordinance No. 7098, Ordinance No. 7163, Ordinance No. 7335, Ordinance No. 7582, Ordinance No. 7719, Ordinance No. 7963, Ordinance No. 8086, Ordinance No. 8413, Ordinance No. 8675, Ordinance No.. 8705, Ordinance No. 9171, Ordinance No. 9345, Ordinance No. 9441, Ordinance No. 9652, and Chapter 4 of Part II of the Chattanooga City Code as previously adopted, and as is/are here amended, be construed to be cumulative in effect, and it is here declared to be the legislative intent that compliance with any one or more provisions of that Chapter shall not be construed as a defense for non-compliance with any other applicable provisions of those Ordinance or rules or regulations thereof nor with any applicable provisions of that Chapter. SECTION 10. BE IT FURTHER ORDAINED, that if any section, sentence, clause or phrase of this Ordinance is for any reason declared to be unconstitutional or otherwise invalid by any court or competent jurisdiction, such decision shall not affect the validity of any other portion of this Ordinance, and only such invalid portion shall be elided from this Ordinance. SECTION 11. BE IT FURTHER ORDAINED, that this Ordinance shall take effect two (2) weeks from and after its passage, the public welfare requiring it. PASSED on Third and Final Reading March 9, 1993. s/s_________________________________ CHAIRPERSON APPROVED: X DISAPPROVED: _______ DATE: March 10, 1993. s/s_________________________________ MAM:cjc MAYOR