Subject: 10378/Code/Ch.4/4-56Changes/Prt70 Date: Fri, 24 Sep 1993 13:55:27 -0500 ORDINANCE NO. 10378 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 THE INSIGNIFICANT ACTIVITIES LISTS IN THE ADDITIONAL REGULATIONS FOR PART 70 SOURCE REGULATIONS 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, Chattanooga, Tennessee, has enacted and does enforce a local government air pollution control program including the additional regulations for Part 70 source regulations and permits pursuant to Tennessee Code Annotated, Section 68-201-115; and WHEREAS, revisions to the insignificant activities lists contained therein are necessary for full approval of the additional regulations for Part 70 source regulations and permits by U.S. EPA pursuant to Title 40 Code of Federal Regulations Part 70.4; 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 revised as follows: 0C SECTION 1. That Section 4-56(c)(11) of said Chapter 4 be, and hereby is, amended by deleting and reserving (xliv); (xx); (xxv); (xxviii); (xxxiii); (xxxv); (xxxvi); (liv); (lvii); (lxiv); (lxvi); (lxvii); (lxxxiii); and (lxxxvii). SECTION 2. That the first paragraph of Section 4-56(c)(11) of said Chapter 4 be revised to read as follows: (11) The following activities, due to de minimis emissions levels, are deemed to be insignificant activities that need not be included in the permit application provided that potential emissions of criteria pollutants from an activity listed in A7 4-56(c)(11) by a Part 70 source are less than five (5) tons per year; and provided that potential emissions of any single hazardous air pollutant from an activity listed in A7 4-56(c)(11) by a Part 70 source are less than one thousand (1000) pounds per year; and provided that the activity involves no potential emissions of any Class I substance or Class II substance as defined in Title 42 U.S.C. 7671; and further provided that the activity listed in A7 4-56(c)(11) is not subject to an applicable requirement, as that term is defined in A7 4-53. Potential emissions of any air pollutant that is both a criteria pollutant and a hazardous air pollutant shall be subject to the more stringent threshold of 1000 pounds per year for the purposes of A7 4-56(c)(11). SECTION 3. That the provisions of Section 4-56(c)(11) of said Chapter 4 numbered (ii), (vii), (x), (xi), (xiii), (xiv), (xvi), (xxii), (xxix), (xxxii), (xxxvii), (xliii), (xlviii), (lviii), (lx), (lxi), (lxxii), (lxxix), (lxxx) and (lxxxvi) be revised to read as follows: (ii) Equipment used on farms for soil preparation, tending or harvesting of crops, or for preparation of feed to be used on the farm where prepared, except if subject to Title 40 CFR Part 60, Subpart DD, incorporated by reference in A7 4-41, Rule 15; (vii) Natural gas mixing and treatment operations including sampling and testing, except if subject to Title 40 CFR Part 60, Subparts KKK or LLL, incorporated by reference in A7 4-41, Rule 15; (x) Exterior washing of trucks and vehicles, except with cleaners containing volatile organic compounds; (xi) Sealing or cutting plastic film or foam with heat or hot wires, except processes that emit chlorofluorocarbons; (xiii) Comfort air conditioning systems or comfort ventilating systems which are not used to remove air contaminants generated by or released from specific units of equipment, except any activity subject to an applicable requirement promulgated under Title VI of the Act in Title 40 CFR Part 82; (xiv) Water cooling towers (except for those at nuclear power plants), water treatment systems for process cooling water or boiler feedwater, and water tanks, reservoirs, or other water containers designed to cool, store, or otherwise handle water (including rainwater) that has not been in contact with gases or liquids containing carbon compounds, sulfur compounds, halogens or halogen compounds, cyanide compounds, inorganic acids, or acid gases, except for those using chromium-based water treatment chemicals; (xvi) Equipment used exclusively to store or hold dry natural gas, except if subject to Title 40 CFR Part 60, Subparts KKK or LLL, incorporated by reference in A7 4-41, Rule 15; (xxii) Brazing, soldering or welding operations which do not release hexavalent chromium compounds or hazardous air pollutants subject to regulations promulgated pursuant to Section 112 of the Act; (xxix) Repairs or general maintenance not involving structural changes where no new or permanent facilities are installed, not conducted as part of a manufacturing process, not related to the source's primary business activity, not otherwise triggering a permit modification or permanent increase in emissions, and not subject to control requirements for volatile organic compounds or hazardous air pollutants; (xxxii) Livestock and poultry feedlots; (xxxvii) Funeral homes, excluding crematoriums; (xliii) Boiler water treatment operations, excluding cooling towers; (xlviii) Cold storage refrigerator equipment, excluding equipment that uses a Class I substance or a Class II substance as defined in Title 42 U.S.C. 7671; (lviii) Steam heated wood drying kilns, not used for chemically treated wood; (lx) Warehouse activities, including the storage of packaged raw materials and finished goods, excluding activities that emit hazardous air pollutants or volatile organic compounds; (lxi) Electric stations, including transformers, battery charging and substations, excluding activities that emit polychlorinated biphenyls (PCBs); (lxxii) Tank trucks, railcars, barges, and trailers, excluding transfer and loading operations that are subject to an applicable requirement, as defined in A7 4-53 of this chapter, and excluding internal cleaning operations that emit hazardous air pollutants or volatile organic compounds; (lxxix) Architectural, structural, and maintenance coating operations in which the articles being coated are coated in place, excluding activities that are part of a manufacturing process or that are part of the source's primary business activity; (lxxx) Sand blasting operations in which the operations are conducted on articles which are fixed in place, excluding activities that are part of a manufacturing process or that are part of the source's primary business activity; (lxxxvi) Coal-Fired Steam Generating Facilities Insignificant Activities as follows: Bunker room exhaust; Coal sampling and weighing operations; Vents from ash transport systems not operating at positive pressure (e.g. ash hoppers); Coal combustion by-product disposal (except for dry stacking and intermittent ash hauling and disposal); Building ventilation other than boiler room, coal handling, and ash loading (e.g. turbine room, battery room); Lubrication of equipment except vents from oil vapor extractors; Hydrogen vents; Steam vents; Air compressor and distribution systems; Fugitive dust from operation of a passenger automobile, station wagon, pickup truck, or van; Pressure relief valves; Test gases and bottled gases; Emissions from a laboratory (If a facility manufactures or produces products for profit in any quantity, it may not be considered to be a laboratory under this item); Safety devices such as fire extinguishers; Equipment used for hydraulic or hydrostatic testing; Food preparation for onsite consumption; Boiler room ventilation; and Oil vapor extractor (e.g. turbine seal oil, turbine lube oil). SECTION 4. That the provisions of the first paragraph of Section 4-56(c)(12) of said Chapter 4 be revised to read as follows: (c)(12) The following activities, due to size and production rate, are deemed to be insignificant activities that must be included in the permit application in accordance with Section 4-56 of this chapter provided that potential emissions of criteria pollutants from an activity listed in Section 4-56(c)(12) by a Part 70 source are less than five (5) tons per year; and provided that potential emissions of any single hazardous air pollutant from an activity listed in A7 4-56(c)(12) by a Part 70 source are less than one thousand (1000) pounds per year; and provided that the activity involves no potential emissions of any Class I substance or Class II substance as defined in Title 42 U.S.C. 7671; and further provided that the activity listed in A7 4-56(c)(12) is not subject to an applicable requirement, as that term is defined in A7 4-53. Potential emissions of any air pollutant that is both a criteria pollutant and a hazardous air pollutant shall be subject to the more stringent threshold of 1000 pounds per year for the purposes of A7 4-56(c)(12). SECTION 5. That the provisions of Section 4-56(c)(12) of said Chapter 4 numbered (iii), (iv), (vi) and (xiii) be revised to read as follows: (iii) Natural gas or propane-fired stationary internal combustion engines or gas turbines with less than 5 million BTU/hour heat input. (iv) Processes used for the curing of rubber products and plastic products, except when emitting more than 1 pound per hour of volatile organic compounds. If applicable, associated heat input using natural gas, #2 fuel oil, or propane shall not exceed 5 million BTU per hour. (vi) Fuel burning sources that are either gas fired or #2 oil fired with a heat input rate under 5 million BTU/hour, where the combined total heat input rate at each location does not exceed 5 million BTU/hour. This exemption does not apply to gas fired turbines greater than 5 million BTU/hour. (xiii) Process equipment burning natural gas or #2 fuel oil with a heat input rate under 5 million BTU/hour where the combined total heat input rate at each facility does not exceed 5 million BTU/hour. Only the fuel burning emissions from these sources are considered insignificant activities. SECTION 6. That new provisions numbered (xvi), (xvii), (xviii), (xix), (xx) and (xxi) be added at the end of Section 4- 56(c)(12) of said Chapter 4 to read as follows: (xvi) Equipment used for compression molding and injection molding of plastics, excluding processes that involve the use of acrylics, polystyrene and related copolymers, and plasticizer, and limited to the blowing agents oxygen, nitrogen, carbon dioxide, air that is a mixture of gases with a composition of approximately 78% nitrogen and 21% oxygen by volume, or inert gas; (xvii) All gas fired, #2 oil fired, infrared, and electric ovens with a heat input of no more than 5 million BTU/hour which have no emissions other than products of fuel combustion, unless they are associated with a source subject to Section 4-53 "Applicable requirement" (3) of this chapter; (xviii) Powder coating operations; (xix) An "emergency generator" which is used when loss of primary electrical power occurs for reasons beyond the control of the source. In no event shall an "emergency generator" be operated for a period of time longer than 5 consecutive days or more than a total of 20 days in any calendar year, unless a source demonstrates to the director with clear and convincing evidence that reasonably unforeseeable events beyond the control of the source require use of the "emergency generator" for an additional period of time. The source shall maintain a written record of each loss of primary electrical power, including a record of the loss; (xx) Equipment used exclusively for rolling, forging, pressing, stamping, spinning or extruding either hot or cold plastics that do not emit hazardous air pollutants; (xxi) Lubricants and waxes used for machinery lubrication. 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, 10269, 10277 and 10297 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 February 27, 1996. s/s CHAIRPERSON APPROVED: X DISAPPROVED: DATE: ,1996. s/s MAYOR :cjc