Subject: 10269/Code/AmendCh.4/AirPollution Date: Tue, 1 Aug 1995 15:21:48 -0500 ORDINANCE NO. 10269 AN ORDINANCE TO AMEND THE CHATTANOOGA CITY CODE, PART II, CHAPTER 4, WHICH CHAPTER IS KNOWN AS "THE CHATTANOOGA AIR POLLUTION CONTROL ORDINANCE" BY PROVIDING FOR INCORPORATION BY REFERENCE OF CERTAIN STATE REGULATIONS AND FEDERAL REGULATIONS. WHEREAS, it is the declared public policy of this municipality 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, and foster the comfort and convenience of the people; and WHEREAS, local regulation of air quality is the most efficient means towards 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, Tennessee Code Annotated A7 68-201-115(a) provides that any municipality or county may adopt an ordinance or resolution which incorporates by reference any of the regulations of the Tennessee Air Pollution Control Board or any federal regulations when such regulations are properly identified as to date and source, and when at least three (3) copies of such regulations which are incorporated by reference are filed in the office of the county clerk for public use, inspection and examination for a period of thirty (30) days before adoption of the ordinance or resolution incorporating regulations by reference; and WHEREAS, such ordinance or resolution incorporating regulations by reference shall become effective only after publication in a newspaper having a general circulation in the municipality or county; 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 incorporate by reference the following regulations of the Tennessee Air Pollution Control Board and the following federal regulations, of which three (3) copies have been on file in the office of the Hamilton County Clerk for a period of at least thirty (30) days. SECTION 1. That Section 4-41 of said Chapter 4 be and hereby is 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 contained in Title 40 Code of Federal Regulations Part 60--Standards of Performances for New Stationary Sources and its included appendices (Revised as of July 1, 1993), except for Subpart B--Adoption and Submittal of State Plans for designated Facilities, are hereby incorporated by reference as requirements of this municipality. The following subparts are included: Subpart A-- General Provisions Subpart C-- Emission Guidelines and Compliance Times Subpart Ca-- Emissions Guidelines and Compliance times for Municipal Waste Combustors Subpart Cb-- Emission Guidelines and Compliance Times for Sulfuric Acid Production Units 0C Subpart D-- Standards of Performance for Fossil-Fuel Fired Steam Generators for Which Construction is Commenced After August 17, 1971 Subpart Da-- Standards of Performance for Electric Utility Steam Generating Units for Which Construction is Commenced After September 18, 1978 Subpart Db-- Standards of Performance for Industrial-Commercial-Institutional Steam Generating Units Subpart Dc-- Standards of Performance for Small Industrial-Commercial- Institutional Steam Generating Units Subpart E-- Standards of Performance for Incinerators Subpart Ea-- Standards of Performance for Municipal Waste Combustors Subpart F-- Standards of Performance for Portland Cement Plants Subpart G-- Standards of Performance for Nitric Acid Plants Subpart H-- Standards of Performance for Sulfuric Acid Plants Subpart I-- Standards of Performance for Asphalt Concrete Plants Subpart J-- Standards for Performance for Petroleum Refineries Subpart K-- Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After June 11, 1973, and Prior to May 19, 1978 Subpart Ka-- Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After May 18, 1978, and Prior to July 23, 1984 Subpart Kb-- Standards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced after July 23, 1984) Subpart L-- Standards of Performance for Secondary Lead Smelters Subpart M-- Standards of Performance for Secondary Brass and Bronze Production Plants Subpart N-- Standards of Performance for Primary Emissions from Basic Oxygen Process Furnances (sic) for Which Construction is Commenced After June 11, 1973 Subpart Na-- Standards of Performance for Secondary Emissions from Basic Oxygen Process Steelmaking Facilities for Which Construction is Commenced After January 20, 1983 Subpart O-- Standards of Performance for Sewage Treatment Plants Subpart P-- Standards of Performance for Primary Copper Smelters Subpart Q-- Standards of Performance for Primary Zinc Smelters 0C Subpart R-- Standards of Performance for Primary Lead Smelters Subpart S-- Standards of Performance for Primary Aluminum Reduction Plants Subpart T-- Standards of Performance for the Phosphate Fertilizer Industry: Wet-Process Phosphoric Acid Plants Subpart U-- Standards of Performance for the Phosphate Fertilizer Industry: Superphosphoric Acid Plants Subpart V-- Standards of Performance for the Phosphate Fertilizer Industry: Diammonium Phosphate Plants Subpart W-- Standards of Performance for the Phosphate Fertilizer Industry: Triple Superphosphate Plants Subpart Y-- Standards of Performance for Coal Preparation Plants Subpart Z-- Standards of Performance for Ferroalloy Production Facilities Subpart AA-- Standards of Performance for Steel Plants: Electric Arc Furnaces Constructed After October 21, 1974 and on or Before August 17, 1983 Subpart AAa-- Standards of Performance for Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburitzation Vessels Constructed After August 7, 1983 Subpart BB-- Standards of Performance for Kraft Pulp Mills Subpart C-- Standards of Performance for Glass Manufacturing Plants Subpart DD-- Standards of Performance fo (sic) Grain Elevators Subpart EE-- Standards of Performance for Surface Coating of Metal Furniture Subpart FF (Reserved) Subpart GG-- Standards of Performance for Stationary Gas Turbines Subpart HH-- Standards of Performance for Lime Manufacturing Plants Subpart KK-- Standards of Performance for Lead-Acid Battery Manufacturing Plants Subpart LL-- Standards of Performance for Metallic Mineral Processing Plants Subpart MM-- Standards of Performance for Automobile and Light-Duty Truck Surface Coating Operations Subpart NN-- Standards of Performance for Phosphate Rock Plants Subpart PP-- Standards of Performance for Ammonium Sulfate Manufacture Subpart QQ-- Standards of Performance for the Graphic Arts Industry: Publication Rotogravure Printing Subpart RR-- Standards of Performance for Pressure Sensitive Tape and Label Surface Coating Operations Subpart SS-- Standards of Performance for Industrial Coating: Large Appliances Subpart TT-- Standards of Performance for Metal Coil Surface Coating 0C Subpart UU-- Standards of Performance for Asphalt Processing and Asphalt Roofing Manufacture Subpart VV-- Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry Subpart WW-- Standards of Performance for the Beverage Can Surface Coating Industry Subpart XX-- Standards of Performance for Bulk Gasoline Terminals Subpart AAA-- Standards of Performance for New Residential Wood Heaters Subpart BBB-- Standards of Performance for the Rubber Tire Manufacturing Industry Subpart CCC (Reserved) Subpart DDD-- Standards of Performance for Volatile Organic Compound (VOC) Emissions from the Polymer Manufacturing Industry Subpart EEE (Reserved) Subpart FFF-- Standards of Performance for Flexible Vinyl and Urethane Coating and Printing Subpart GGG-- Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries Subpart HHH-- Standards of Performance for Synthetic Fiber Production Facilities Subpart III-- Standards of Performance for Volatile Organic Compound (VOC) Emissions From the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit Processes Subpart JJJ-- Standards of Performance for Petroleum Dry Cleaners Subpart KKK-- Standards of Performance for Equipment Leaks of VOC From Onshore Natural Gas Processing Plants Subpart LLL-- Standards of Performance for Onshore Natural Gas Processing; SO2 Emissions Subpart MMM (Reserved) Subpart NNN-- Standards of Performance for Volatile Organic Compound (VOC) Emissions from Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation Operations Subpart OOO-- Standards of Performance for Nonmetallic Mineral Processing Plants Subpart PPP-- Standard of Performance for Wool Fiberglass Insulation Manufacturing Plants Subpart QQQ-- Standards of Performance for VOC Emissions From Petroleum Refinery Wastewater Systems Subpart RRR (Reserved) Subpart SSS- Standards of Performance for Magnetic Tape Coating Facilities Subpart TTT-- Standards of Performance for Industrial Surface Coating: Surface Coating of Plastic Parts for Business Machines Subpart VVV-- Standards of Performance for Polymeric Coating of Supporting Substrates Facilities Appendices A through I Rule 15.2. Wherever the term "Administrator" is used in the new source performance standards, the term "Chattanooga-Hamilton County Air Pollution Control Board or Director of the Chattanooga-Hamilton County Air Pollution Control Bureau" shall be substituted, where appropriate, for the purposes of Rule 15. SECTION 2. That Section 4-41, Rule 16 in said Chapter 4 be deleted in its entirety and that a new Rule 16 be substituted to read as follows: Rule 16. Emission Standards for Hazardous Air Pollutants Other Than Asbestos. Rule 16.1. The emissions standards, prohibitions, and requirements for hazardous air pollutants other than asbestos, contained in Title 40 Code of Federal Regulations Part 61, Subparts A, C, E, F, I, J, K, N, O, P, R, V, Y, BB, and FF and Appendices A through E to Part 61 (Revised as of July 1, 1993) are hereby incorporated by reference as official emissions standards, prohibitions, and requirements for the control of air pollution. The following subparts are included: Subpart A-- General Provisions Subpart C-- National Emission Standard for Beryllium Subpart E-- National Emission Standard for Mercury Subpart F-- National Emission Standard for Vinyl Chloride Subpart I-- National Emission Standards for Radionuclide Emissions From Facilities Licensed by the Nuclear Regulatory Commission and Federal Facilities Not Covered by Subpart H Subpart J-- National Emission Standard for Equipment Leaks (Fugitive Emission Sources) of Benzene Subpart K-- National Emission Standards for Radionuclide Emissions From Elemental Phosphorus Plants Subpart N-- National Emission Standard for Inorganic Arsenic Emissions from Glass Manufacturing Plants Subpart O-- National Emission Standard for Inorganic Emissions from Primary Copper Smelters Subpart P-- National Emission Standard for Inorganic Arsenic Emissions from Arsenic Trioxide and Metallic Arsenic Production Facilities Subpart R-- National Emission Standards for Radon Emissions from Phosphogypsum Stacks Subpart V-- National Emission Standard for Equipment Leaks (Fugitive Emission Sources) Subpart Y-- National Emission Standard for Benzene Emissions from Benzene Storage Vessels Subpart BB--National Emission Standard for Benzene Emissions from Benzene Transfer Operations Subpart FF--National Emission Standard for Benzene Waste Operations Rule 16.2. Wherever the term "Administrator" is used in the national emission standards for hazardous air pollutants, the term "Chattanooga-Hamilton County Air Pollution Control Board or Director of the Chattanooga-Hamilton County Air Pollution Control Bureau" shall be substituted, where appropriate, for the purposes of Rule 16. Rule 16.3. 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. Reserved. Rule 16.6. The emissions standards, prohibitions, and requirements for hazardous air pollutants for source categories to be codified in Title 40 Code of Federal Regulations Part 63 and presently published in the Federal Register volumes noted below are hereby incorporated by reference as official emission standards, prohibitions, and requirements in this municipality: (1) The National Emission Standards for Hazardous Air Pollutants for Source Categories, Title 40 Code of Federal Regulations Part 63, Subpart A--General Provisions, federally effective March 16, 1994, (59 Federal Register 12430-12459); amendments to 40 CFR A763.14 federally effective April 22, 1994 (59 FR 19453); amendments to 40 CFR A763.14 federally effective December 6, 1994 (59 Federal Register 62589); and amendments to 40 CFR A763.14 federally effective January 25, 1995 (60 Federal Register 4963). (2) The National Emission Standards for Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry, Title 40 Code of Federal Regulations Part 63, Subpart F except for 40 CFR 63.102(b); Subpart G for Organic Hazardous Air Pollutants for Synthetic Organic Chemical Manufacturing Industry Process Vents, Storage Vessels, Transfer Operations, and Wastewater except 40 CFR 63.150(i)(1) through (i)(4); Subpart H for Organic Hazardous Air Pollutants for Equipment Leaks except 40 CFR 63.177; Subpart I for Organic Hazardous Air Pollutants for Certain Processes subject to the Negotiated Regulation for Equipment Leaks, federally effective April 22, 1994 (59 Federal Register 19453-19625); amendments to Subpart G federally effective June 6, 1994 (59 FR 29201); amendments correcting Subparts F, H and I federally effective September 20, 1994 (59 FR 48176-48178); notices of partial stay and reconsideration promulgated at 59 FR 53360 and 59 FR 54132; a final rule extending compliance promulgated at 60 FR 5321; amendments to Subparts F, F and H federally effective April 10, 1995 (60 FR 18023-18026); and amendments to Subparts F, G and H federally effective May 22, 1995 (60 FR 18028-18030). (3) The National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities, Title 40 Code of Federal Regulations Part 63, Subpart M, federally effective September 22, 1993, (58 Federal Register 49376-49380) and the amendments to it federally effective December 20, 1993, (58 Federal Register 66289). (4) The National Emission Standards for Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks, Title 40 Code of Federal Regulations Part 63, Subpart N, federally effective January 25, 1995 (60 Federal Register 4963-4979. (5) The National Emission Standards for Hazardous Air Pollutants for Ethylene Oxide Commercial Sterilization and Fumigations Operations, Title 40 Code of Federal Regulations Part 63, Subpart 0, federally effective December 6, 1994 (59 Federal Register 62589-62601). (6) The National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers, Title 40 Code of Federal Regulations Subpart Q, federally effective September 8, 1994 (59 Federal Register 46350-46352). (7) The National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations), Title 40 Code of Federal Regulations Subpart R federally effective December 14, 1994 (59 Federal Register 64318-64326) and corrections to Subpart R promulgated at 60 Federal Register 7627. (8) The National Emission Standards for Hazardous Air Pollutants for Halogenated Solvent Cleaning, Title 40 Code of Federal Regulations Part 63, Subpart T, federally effective December 2, 1994 (59 Federal Register 61805-61816) and corrections to Subpart 0C T promulgated at 59 Federal Register 67750. (9) The National Emission Standards for Magnetic Tape Manufacturing Operations, Title 40 Code of Federal Regulations, Subpart EE federally effective December 15, 1994 (59 Federal Register 64596-64612) and amendments to Title 40 Code of Federal Regulations Part 60 Appendix B--Performance Specifications federally effective December 15, 1994 (59 Federal Register 64593-64596). (10) Title 40 CFR Part 63, Appendix A--Test Methods (Revised as of July 1, 1993); amendments to Appendix A federally effective October 27, 1993 (58 Federal Register 57924-57935); corrections to Appendix A promulgated at 59 Federal Register 1992; amendments to Appendix A federally effective April 22, 1994 (59 Federal Register 19590-19605); amendments to Appendix A federally effective December 2, 1994 (59 Federal Register 61816-61817); amendments to Appendix A federally effective January 25, 1995 (60 Federal Register 4974-4993); Title 40 Code of Federal Regulations Part 63 Appendix B--Test of Solvent Cleaning Procedures, federally effective December 2, 1994 (59 Federal Register 61818; Title 40 CFR Part 63, Appendix C--Determination of the Fraction Biodegraded (Fbio) in a Biological Treatment Unit federally effective April 22, 1994 (59 Federal Register 19605-19625); and Title 40 Code of Federal Regulations Part 63, Appendix C (sic)--General Provisions Applicability to Subpart T federally effective December 2, 1994 (59 Federal Register 61818-61820). Rule 16.7. The words, phrases and terms defined in Title 40 Code of Federal Regulations Part 63, its subparts, and its appendices shall be used only for the purpose of interpreting and administering Rule 16 and shall not be used to otherwise alter or vary in any way the definitions provided in Section 4-2 of this chapter. Rule 16.8. Where the term "Administrator" is used in the national emission standards for hazardous air pollutants for source categories, the term "Director of the Chattanooga-Hamilton County Air Pollution Control Bureau" shall be substituted for the purposes of this chapter, where appropriate, except at Title 40 Code of Federal Regulations Part 63.325(c), except at Title 40 Code of Federal Regulations Part 61.102(b); 61.104(a)(1)(xv); and 61.107(b)(3)(iv). SECTION 3. That said Section 4-41 of said Chapter 4 be and hereby is amended by adding to Rule 17 the following language: 0C Title 40 Code of Federal Regulations Part 763, Appendix A to Subpart F-- Interim Method of the Determinations of Asbestos in Building Insulation Samples (Revised as of July 1, 1993) is hereby incorporated by reference as a requirement of this municipality. SECTION 4. That said Chapter 4 be and hereby is amended to incorporate the following documents by reference as shown in new Section 4-68 to read as follows: Sec. 4-68. Incorporation of documents. The following documents are hereby incorporated by reference in accordance with T.C.A. A7 68-201-115 as requirements of this municipality: (a) Title 40 Code of Federal Regulations Part 50, Appendices A through K--Reference Methods for the Determination of National Primary and Secondary Ambient Air Quality Standards (Revised as of July 1, 1993). (b) Title 40 Code of Federal Regulations Part 51, Appendix M--Recommended Test Methods for State Implementation Plans, Appendix P--Minimum Emission Monitoring Requirements, and Appendix W--Guideline on Air Quality Models (Revised) (Revised as of July 1, 1993). (c) Title 40 Code of Federal Regulations Part 58, Appendix B--Quality Assurance Requirements for Prevention of Significant Deterioration (PSD) Monitoring (Revised as of July 1, 1993). (d) Title 40 Code of Federal Regulations Part 75--Continuous Emission Monitoring, including all appendices (Revised as of July 1, 1993). (e) ASTM Designation D 3266-91, Standard Test Method for Automated Separation and Collection of Particulate and Acidic Gaseous Fluoride in the Atmosphere (Double Paper Tape Sampler Method), 1994 Annual Book of ASTM Standards Volume 11.03. SECTION 5. That if any section, part of a section, sentence, clause or phrase of this Ordinance is for any reason declared to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the 0C validity of any other portion of this ordinance, and only such invalid portion shall be elided form this ordinance. SECTION 6. 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 July 25, 1995. s/s CHAIRPERSON APPROVED: X DISAPPROVED: DATE: s/s MAYOR