Header:
CODE OF FEDERAL REGULATIONS
TITLE 40 -- PROTECTION OF ENVIRONMENT
CHAPTER I -- ENVIRONMENTAL PROTECTION AGENCY
SUBCHAPTER C -- AIR PROGRAMS
PART 51 -- REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS
Date:
01/17/2012
Document:
APPENDIX L TO PART 51 -- EXAMPLE REGULATIONS FOR PREVENTION OF AIR POLLUTION EMERGENCY EPISODES
The example regulations presented herein reflect generally recognized ways of preventing air pollution from reaching levels that would cause imminent and substantial endangerment to the health of persons. States are required under subpart H to have emergency episodes plans but they are not required to adopt the regulations presented herein.
1.0 Air pollution emergency. This regulation is designed to prevent the excessive buildup of air pollutants during air pollution episodes, thereby preventing the occurrence of an emergency due to the effects of these pollutants on the health of persons.
1.1 Episode criteria. Conditions justifying the proclamation of an air pollution alert, air pollution warning, or air pollution emergency shall be deemed to exist whenever the Director determines that the accumulation of air pollutants in any place is attaining or has attained levels which could, if such levels are sustained or exceeded, lead to a substantial threat to the health of persons. In making this determination, the Director will be guided by the following criteria:
(a) Air Pollution Forecast: An internal watch by the Department of Air Pollution Control shall be actuated by a National Weather Service advisory that Atmospheric Stagnation Advisory is in effect or the equivalent local forecast of stagnant atmospheric condition.
(b) Alert: The Alert level is that concentration of pollutants at which first stage control actions is to begin. An Alert will be declared when any one of the following levels is reached at any monitoring site:
SO[2] -- 800 mu g/m[3] (0.3 p.p.m.), 24-hour average.
PM[10] -- 350 mu g/m[3] (15 p.p.m.), 8-hour average.
Ozone (O[2]) = 400 mu g/m[3] (0.2 ppm)-hour average.
NO[2] - 1130 mu g/m[3] (0.15 p.p.m.), 24-hour average.
In addition to the levels listed for the above pollutants, meterological conditions are such that pollutant concentrations can be expected to remain at the above levels for twelve (12) or more hours or increase, or in the case of ozone, the situation is likely to reoccur within the next 24-hours unless control actions are taken.
(c) Warning: The warning level indicates that air quality is continuing to degrade and that additional control actions are necessary. A warning will be declared when any one of the following levels is reached at any monitoring site:
SO2--1,600 mu g n3 (0.6 p.p.m.), 24-hour average.
PM10--420 mu g 3 , 24-hour average.
CO--34 mg n3 (30 p.p.m.), 8-hour average.
Ozone (O3)--800 mu g n3 (0.4 p.p.m.), 1-hour average.
NO2--2,260 mu g n3 (1.2 ppm)--1-hour average; 565 mu g n3 (0.3 ppm), 24-hour average.
In addition to the levels listed for the above pollutants, meterological conditions are such that pollutant concentrations can be expected to remain at the above levels for twelve (12) or more hours or increase, or in the case of ozone, the situation is likely to reoccur within the next 24-hours unless control actions are taken.
(d) Emergency: The emergency level indicates that air quality is continuing to degrade toward a level of significant harm to the health of persons and that the most stringent control actions are necessary. An emergency will be declared when any one of the following levels is reached at any monitoring site:
SO2--2,100 mu g n3 (0.8 p.p.m.), 24-hour average.
CO--46 mg n3 (40 p.p.m.), 8-hour average.
Ozone (O3)--1,000 mu g n3 (0.5 p.p.m.), 1-hour average.
NO2-3,000 mu g n3 (1.6 ppm), 1-hour average; 750 mu g n3 (0.4 ppm), 24-hour average.
In addition to the levels listed for the above pollutants, meterological conditions are such that pollutant concentrations can be expected to remain at the above levels for twelve (12) or more hours or increase, or in the case of ozone, the situation is likely to reoccur within the next 24-hours unless control actions are taken.
(e) Termination: Once declared, any status reached by application of these criteria will remain in effect until the criteria for that level are no longer met. At such time, the next lower status will be assumed.
1.2 Emission reduction plans. (a) Air Pollution Alert -- When the Director declares an Air Pollution Alert, any person responsible for the operation of a source of air pollutants as set forth in Table I shall take all Air Pollution Alert actions as required for such source of air pollutants and shall put into effect the preplanned abatement strategy for an Air Pollution Alert.
(b) Air Pollution Warning -- When the Director declares an Air Pollution Warning, any person responsible for the operation of a source of air pollutants as set forth in Table II shall take all Air Pollution Warning actions as required for such source of air pollutants and shall put into effect the preplanned abatement strategy for an Air Pollution Warning.
(c) Air Pollution Emergency -- When the Director declares an Air Pollution Emergency, any person responsible for the operation of a source of air pollutants as described in Table III shall take all Air Pollution Emergency actions as required for such source of air pollutants and shall put into effect the preplanned abatement strategy for an Air Pollution Emergency.
(d) When the Director determines that a specified criteria level has been reached at one or more monitoring sites solely because of emissions from a limited number of sources, he shall notify such source(s) that the preplanned abatement strategies of Tables I, II, and III or the standby plans are required, insofar as it applies to such source(s), and shall be put into effect until the criteria of the specified level are no longer met.
1.3 Preplanned abatement strategies, (a) Any person responsible for the operation of a source of air pollutants as set forth in Tables I-III shall prepare standby plans for reducing the emission of air pollutants during periods of an Air Pollution Alert, Air Pollution Warning, and Air Pollution Emergency. Standby plans shall be designed to reduce or eliminate emissions of air pollutants in accordance with the objectives set forth in Tables I-III which are made a part of this section.
(b) Any person responsible for the operation of a source of air pollutants not set forth under section 1.3(a) shall, when requested by the Director in writing, prepare standby plans for reducing the emission of air pollutants during periods of an Air Pollution Alert, Air Pollution Warning, and Air Pollution Emergency. Standby plans shall be designed to reduce or eliminate emissions of air pollutants in accordance with the objectives set forth in Tables I-III.
(c) Standby plans as required under section 1.3(a) and (b) shall be in writing and identify the sources of air pollutants, the approximate amount of reduction of pollutants and a brief description of the manner in which the reduction will be achieved during an Air Pollution Alert, Air Pollution Warning, and Air Pollution Emergency.
(d) During a condition of Air Pollution Alert, Air Pollution Warning, and Air Pollution Emergency, standby plans as required by this section shall be made available on the premises to any person authorized to enforce the provisions of applicable rules and regulations.
(e) Standby plans as required by this section shall be submitted to the Director upon request within thirty (30) days of the receipt of such request; such standby plans shall be subject to review and approval by the Director. If, in the opinion of the Director, a standby plan does not effectively carry out the objectives as set forth in Table I-III, the Director may disapprove it, state his reason for disapproval and order the preparation of an amended standby plan within the time period specified in the order.
Table I--Abatement Strategies Emission Reduction Plans
ALERT LEVEL
Part A. General
1. There shall be no open burning by any persons of tree waste, vegetation, refuse, or debris in any form.
2. The use of incinerators for the disposal of any form of solid waste shall be limited to the hours between 12 noon and 4 p.m.
3. Persons operating fuel-burning equipment which required boiler lancing or soot blowing shall perform such operations only between the hours of 12 noon and 4 p.m.
4. Persons operating motor vehicles should eliminate all unnecessary operations.
Part B. Source curtailment
Any person responsible for the operation of a source of air pollutants listed below shall take all required control actions for this Alert Level.
Source of air pollution Control action
1. Coal or oil-fired electric power a. Substantial reduction by utilization
generating facilties. of fuels having low ash and sulfur
content.
b. Maximum utilization of mid-day (12
noon to 4 p.m.) atmospheric turbulence
for boiler lancing and soot blowing.
c. Substantial reduction by diverting
electric power generation to facilities
outside of Alert Area.
2. Coal and oil-fired process steam a. Substantial reduction by utilization
generating facilities. of fuels having low ash and sulfur
content.
b. Maximum utilization of mid-day (12
noon to 4 p.m.) atmospheric turbulence
for boiler lancing and soot blowing.
c. Substantial reduction of steam load
demands consistent with continuing
plant operations.
3. Manufacturing industries of the a. Substantial reduction of air
following classifications: pollutants from manufacturing operations
Primary Metals Industry. by curtailing, postponing, or deferring
Petroleum Refining Operations. production and all operations.
Chemical Industries.
Mineral Processing Industries. b. Maximum reduction by deferring trade
Paper and Allied Products. waste disposal operations which emit
Grain Industry. solid particles, gas vapors or
malodorous substances.
c. Maximum reduction of heat load
demands for processing.
d. Maximum utilization of mid-day (12
noon to 4 p.m.) atmospheric turbulence
for boiler lancing and soot blowing.
Table II--Emission Reduction Plans
WARNING LEVEL
Part A. General
1. There shall be no open burning by any persons of tree waste, vegetation, refuse, or debris in any form.
2. The use of incinerators for the disposal of any form of solid waste or liquid waste shall be prohibited.
3. Persons operating fuel-burning equipment which requires boiler lancing or soot blowing shall perform such operations only between the hours of 12 noon and 4 p.m.
4. Persons operating motor vehicles must reduce operations by the use of car pools and increased use of public transportation and elimination of unnecessary operation.
Part B. Source curtailment
Any person responsible for the operation of a source of air pollutants listed below shall take all required control actions for this Warning Level.
Source of air pollution Control action
1. Coal or oil-fired process steam a. Maximum reduction by utilization
generating facilities of fuels having lowest ash
and sulfur content.
b. Maximum utilization of mid-day
(12 noon to 4 p.m.) atmos-
pheric turbulence for boiler lancing
and soot blowing.
c. Maximum reduction by diverting
electric power generation to
facilities outside of Warning Area.
2. Oil and oil-fired process steam a. Maximum reduction by utilization
generating facilities of fuels having the lowest
available ash and sulfur content.
b. Maximum utilization of mid-day
(12 noon to 4 p.m.) atmos-
pheric turbulence for boiler lancing
and soot blowing.
c. Making ready for use a plan
of action to be taken if an
emergency develops.
3. Manufacturing industries which a. Maximum reduction of air
require considerable lead contaminants from manufacturing
time for shut-down including the operations by, if necessary,
following classifications: assuming reasonable economic
Petroleum Refining. hardships by postponing
Chemical Industries. production and allied operation.
Primary Metals Industries. b. Maximum reduction by deferring
Glass Industries. trade waste disposal oper-
Paper and Allied Products. ations which emit solid particles,
gases, vapors or malodorous
substances.
c. Maximum reduction of heat load
demands for processing.
d. Maximum utilization of mid-day
(12 noon to 4 p.m.) atmos-
pheric turbulence for boiler lancing
or soot blowing.
4. Manufacturing industries require a. Elimination of air pollutants from
relatively short lead times manufacturing operations by
for shut-down including the ceasing, curtailing, postponing
following classifications: or deferring production and
Primary Metals Industries. allied operations to the extent
Chemical Industries. possible without causing injury
Mineral Processing Industries. to persons or damage to equipment.
Grain Industry. b. Elimination of air pollutants
from trade waste disposal proc-
esses which emit solid particles,
gases, vapors or malodorous
substances.
c. Maximum reduction of heat
load demands for processing.
d. Maximum utilization of mid-day
(12 noon to 4 p.m.) atmos-
pheric turbulence for boiler lancing
or soot blowing.
Table III--Emission Reduction Plans
EMERGENCY LEVEL
Part A. General
1. There shall be no open burning by any persons of tree waste, vegetation, refuse, or debris in any form.
2. The use of incinerators for the disposal of any form of solid or liquid waste shall be prohibited.
3. All places of employment described below shall immediately cease operations.
a. Mining and quarrying of nonmetallic minerals.
b. All construction work except that which must proceed to avoid emergent physical harm.
c. All manufacturing establishments except those required to have in force an air pollution emergency plan.
d. All wholesale trade establishments; i.e., places of business primarily engaged in selling merchandise to retailers, or industrial, commercial, institutional or professional users, or to other wholesalers, or acting as agents in buying merchandise for or selling merchandise to such persons or companies, except those engaged in the distribution of drugs, surgical supplies and food.
e. All offices of local, county and State government including authorities, joint meetings, and other public bodies excepting such agencies which are determined by the chief administrative officer of local, county, or State government, authorities, joint meetings and other public bodies to be vital for public safety and welfare and the enforcement of the provisions of this order.
f. All retail trade establishments except pharmacies, surgical supply distributors, and stores primarily engaged in the sale of food.
g. Banks, credit agencies other than banks, securities and commodities brokers, dealers, exchanges and services; offices of insurance carriers, agents and brokers, real estate offices.
h. Wholesale and retail laundries, laundry services and cleaning and dyeing establishments; photographic studios; beauty shops, barber shops, shoe repair shops.
i. Advertising offices; consumer credit reporting, adjustment and collection agencies; duplicating, addressing, blueprinting; photocopying, mailing, mailing list and stenographic services; equipment rental services, commercial testing laboratories.
j. Automobile repair, automobile services, garages.
k. Establishments rendering amusement and recreational services including motion picture theaters.
l. Elementary and secondary schools, colleges, universities, professional schools, junior colleges, vocational schools, and public and private libraries.
4. All commercial and manufacturing establishments not included in this order will institute such actions as will result in maximum reduction of air pollutants from their operation by ceasing, curtailing, or postponing operations which emit air pollutants to the extent possible without causing injury to persons or damage to equipment.
5. The use of motor vehicles is prohibited except in emergencies with the approval of local or State police.
Part B. Source curtailment
Any person responsible for the operation of a source of air pollutants listed below shall take all required control actions for this Emergency Level.
Source of air pollution Control action
1. Coal or oil-fired electric power a. Maximum reduction by utilization
generating facilities of fuels having lowest ash
and sulfur content.
b. Maximum utilization of mid-day
(12 noon to 4 p.m.) atmos-
pheric turbulence for boiler lancing
or soot blowing.
c. Maximum reduction by diverting
electric power generation to
facilities outside of Emergency Area.
2. Coal and oil-fired process steam a. Maximum reduction by reducing
generating facilities heat and steam demands to
absolute necessities consistent
with preventing equipment
damage.
b. Maximum utilization of mid-day
(12 noon to 4 p.m.) atmos-
pheric turbulence for boiler
lancing and soot blowing.
c. Taking the action called for
in the emergency plan.
3. Manufacturing industries of the a. Elimination of air pollutants from
following classifications: manufacturing operations by
Primary Metals Industries. ceasing, curtailing, postponing
or deferring production and
Petroleum Refining. allied operations to the extent
possible without causing injury
Chemical Industries. to persons or damage to equipment.
Mineral Processing Industries. b. Elimination of air pollutants from
trade waste disposal proc-
Grain Industry. esses which emit solid particles,
gases, vapors or malodorous
Paper and Allied Products. substances.
c. Maximum reduction of heat load
demands for processing.
d. Maximum utilization of mid-day
(12 noon to 4 p.m.) atmos-
pheric turbulence for boiler lancing
or soot blowing.
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