Subject: 10297/Code/Ch.4/AirPollution/Part70 Date: Fri, 17 Nov 1989 08:45:00 -0500 ORDINANCE NO. 10297 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 REVISIONS TO "ARTICLE III. PART 70 SOURCE REGULATION AND PERMITS." WHEREAS, Title V of the Clean Air Act Amendments of 1990, implemented through Title 40 Code of Federal Regulations Part 70, requires special permit programs for certain identified sources of air pollution and requires local laws to be approved by U.S. EPA; and WHEREAS, the City of Chattanooga, Tennessee, has enacted and does enforce a local government air pollution control program including "Article III. Part 70 Source Regulation and Permits" pursuant to Tennessee Code Annotated, Section 68-201-115; and WHEREAS, minor revisions are necessary for approval of "Article III. Part 70 Source Regulation and Permits" by U.S. EPA pursuant to Title 40 Code of Federal Regulations Part 70.4; and WHEREAS, Ordinance No. 10114 was adopted by this City on September 27, 1994, containing certain scrivener's errors which need to be corrected for U.S. EPA approval; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE: SECTION 1. That Section 4-3 of said Chapter 4 be, and hereby is, amended by adding at the end the following new language: 0C (g) Sampling, Recording and Reporting Required for Part 70 Sources. (1) For any Part 70 source, as defined in Section 4-53, the provisions of this Section 4-3(g) shall also apply. (2) The director is authorized to require by permit condition any periodic or enhanced monitoring, recording and reporting that the director deems necessary for the verification of the source's compliance with the applicable requirements, as defined in Section 4-53. a. Monitoring may include, but is not limited to: source testing; in-stack monitoring; process parameter monitoring of material feed rates, temperature, pressure differentials, power consumption or fuel consumption; chemical analysis of feed stocks, coatings or solvents; ambient monitoring; visible emissions evaluations; control equipment performance parameters of pressure differentials, power consumption, air or liquid flow rates or amount of air contaminants collected for disposal; air contaminant leak detection tests from process or control equipment; and any other such monitoring that the director may prescribe. 1. The monitoring must be conducted in a manner acceptable to the director. This includes, but is not limited to: sampling methods, analytical methods, sensor locations and frequency of sampling. 2. The monitoring method must have at least a 95% operational availability rate to prove compliance directly or indirectly with the applicable requirements unless otherwise stipulated by the director. Ambient air monitors shall have their minimum operational availability rates prescribed by Section 4-3. Missing data in excess of these levels shall be grounds for enforcement action. 0C b. Recordkeeping may include handwritten or computerized records and shall be kept in accordance with the manner approved by the director. The director, or an employee of the Bureau authorized by the director, shall have the authority to inspect the records during reasonable hours at the place where such records are kept. The owner or operator of the Part 70 source must provide copies of the records to the Director upon request. If the records are computerized, the source may provide them to the director in an electronic format compatible with the Bureau's electronic data processing equipment for initial review. Upon discovery of electronic data that may reveal noncompliance, the director shall request hard copy excerpts documenting the noncompliance, and the owner or operator shall comply with the request. All electronic submittals shall be in "read only" format such that the integrity of the recorded submittal will be maintained and cannot be written over with different electronic data. 1. In the absence of a specific recordkeeping procedure, it is the general duty of a person required to keep the records required under this Section 4-3(g) in such order that compliance with the applicable requirement can be readily ascertained. (3) Reporting shall be in the manner prescribed by the director in the Part 70 permit. (4) Any report submitted to the director shall be signed by a responsible official consistent with the provisions of Article III (Part 70 Source Regulation and Permits). SECTION 2. That Section 4-53 of said Chapter 4 be, and hereby is, amended by adding at the end of the first paragraph the following new sentence: 0C Unless a word or phrase is specifically defined in Section 4-53, the definitions from Section 4-2 will apply. SECTION 3. That Section 4-53 of said Chapter 4 be, and hereby is, amended by adding at the end of the definition of "Applicable requirements (12)" the following new language: During the interim period following such federal promulgation but preceding local adoption and enforceability of such a standard, each Part 70 permit issued to a source that is subject to such a federal applicable requirement shall include a statement that such source is subject to such federal applicable requirement, followed by the appropriate legal citation for such requirement. SECTION 4. That Section 4-56 of said Chapter 4 be, and hereby is, amended by revising the sixth sentence to read as follows: The activities listed at Section 4-56(c)(12) need not comply with the requirements of Section 4-56(c)(1) through (c)(9) of this ordinance. SECTION 5. That Section 4-60(e)(1) of said Chapter 4 be, and hereby is, amended by adding at the end the following sentence: The minimum annual emission fee charged to a Part 70 source will be no less than $100.00. SECTION 6. That Section 4-65 of said Chapter 4 be, and hereby is, amended by redesignating the last two paragraphs of Section 4-65 as "(f)" and "(g)" instead of "(b)" and "(c)", and by changing the reference in redesignated paragraph (g) from "T.C.A. 68-201-107" to "T.C.A. 68-201-106". 0C SECTION 7. BE IT FURTHER ORDAINED, that Chattanooga City Code, Part II, Chapter 4 (May 1995), codifying ordinances as previously adopted, and Ordinance Nos. 10226 and 10269 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 the Code or the Ordinance or rules or regulations thereof nor with any applicable provisions of that Chapter. SECTION 8. BE IT FURTHER ORDAINED, 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 validity of any other portion of this Ordinance, and only such invalid provision shall be elided from this Ordinance. SECTION 9. BE IT FURTHER ORDAINED, that this Ordinance shall take effect two (2) weeks from and after its passage as provided by law. PASSED on Third and Final Reading October 3, 1995. s/s_________________________________ CHAIRPERSON APPROVED:___X___ DISAPPROVED:_______ DATE:_________________ ______, 1995. s/s_________________________________ MAYOR :cjc