Wayne County Air Pollution Control Ordinance Page 1 of 20 (11/18/1985) TABLE of CONTENTS
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Note: The portions of Chapter 5, section 501, which incorporate by reference the following parts of the State rules are not federally approved or incorporated into the State Implementation Plan: 1. The quench tower limit in Rule 336.1331, Table 31, Section C.8; 2. The deletion of the limit in Rule 336.1331 for coke oven coal preheater equipment; and 3. Rule336.1355 WAYNE COUNTY AIR POLLUTION CONTROL ORDINANCE AN ORDINANCE to abate air pollution in the County of Wayne and to provide for its administration and enforcement; to prescribe the powers and duties of the Wayne County Depart ment of Health-Air Pollution Control Division and its Director; and to provide for penalties and remedies. IT IS HEREBY ORDAINED BY THE PEOPLE OF THE CHARTER COUNTY OF WAYNE 2016 MI SIP compilation update Wayne County Air Pollution Control Ordinance Page 1 of 20 (11/18/1985) TABLE OF CONTENTS PAGE Chapter I DEFINITIONS Chapter 2 GENERAL PROVISIONS 4 Chapter 3 ENFORCEMENT .... 8 Chapter 5 EMISSION LIMITATIONS AND PROHIBITIONS PARTICULATE MATTER ........... ............... 16 Chapter 8 EMISSION LIMITATIONS AND PROHIBITIONS -- MISCELLANEOUS ........ 21 Chapter 9 SEALlNG OF EMISSION SOURCES ....... 24 Chapter 11 TESTING AND SAMPLING 26 Chapter 12 CONTINUOUS EMISSION MONITORING AND RECORDING 27 Chapter 13 AIR POLLUTION EPISODES . 28 APPENDICES A. DIVISION REQUIREMENTS FOR EMISSION SOURCE TESTING D. DIVISION REQUIREMENTS FOR CONTINUOUS EMISSION MONITORING AND RECORDING 2016 MI SIP compilation update Wayne County Air Pollution Control Ordinance Page 2 of 20 (11/18/1985) Chapter I DEFINITIONS Section 101. GENERAL (BACT) means an emissions limitation The words and phrases used in this Ordinance (including a visible em1ss1ons standard) shall have the meanings ascribed to them by this based on the maximum degree of reduc Section or under Act 348 of the Public Acts of tion for each air contaminant subject to regulation under this Ordinance which l 965, as amended, and Rules 101 through l 23 of would be emitted from any proposed the Michigan Administrative Rules; AACS R ~mission source which the Division, taking 336. l l 01 through R 336.1123. The words and mto account energy, environmental and phrases defined in l 965 PA 348 and R 336. l 101 - 1123, as promulgated on February 22, 1985, economic impacts, or other costs, de are incorporated by reference and made a part of termines on a case-by-case basis is this Ordinance. In the event a word or phrase is achievable for such source through the defined both in this Section and under Act 348 or application of equipment, devices, R 336.1101-11 23, the meaning ascribed in this methods, or techniques. In no event shall Section shall be con trolling, as long as the application of best available control requirements of the Wayne County definition are technology result in emissions of any air equal to or greater than the minimum applicable contaminant which would exceed the requirements existing under state law. Words and emissions allowed under any applicable phrases not defined under the provisions of this NSPS or NESHAPs. Where applicable, the Section, or under Act 348 and R 336. l l Ol-1123, County definition for BACT shall be shall be interpreted according to their plain interpreted and applied consistently with meaning or as the context implies. Words and the definition for BACT cited at 40 CFR phrases used in the present tense include the 52.21. future: words and phrases in the masculine include the feminine and neuter; the singular C. Definitions; C. number includes the plural and the plural the l. "Certificate of operation" means an singular. authorization by the Division to an owner or operator to use or operate the emission Section 102. WORDS AND PHRASES source in accordance with the emission A. Definitions: A. limitations and prohibitions of this Ordi nance and the terms and conditions of the 1. "Act 348" means Public Act No. 348 of certificate of operation. 1965, as amended, MCLA 336.ll et seq; MSA 14.58( l) et seq, entitled "air pollu 2. "CFR" means the Code of Federal Regu tion act." lations published by the Office of the Federal Register, National Archives and 2. "Air contaminant" means a dust, fume. Records Service, General Services gas, mist, odor, smoke, vapor, or any Administration, Washington, D.C. 20402. combination thereof. 3. "County" means the County of Wayne. 3. "Air pollution" means the presence in the outer air of one or more contaminants in 4. "County Commission" means the Wayne quantities, with characteristics, under County Board of Commissioners. conditions and circumstances, and of a duration, which are or can become in D. Definitions; D. jurious to human health or welfare, to l . "Depar t men t" means the Wayne County animal life, to plant life, or to property, Department of Health. or which unreasonably interfere with the enjoyment of life or property or the 2. "Director" means the Director of the Air conduct of business. Pollution Control Division of the Depart ment, or duly authorized representatives. 4. "ASTM" means American Society of Testing Materials. 1916 Race Street 3. "Division" means the Air Pollution Con Philadelphia, PA 19103. ' trol Division of the Department. B. Definitions: B. E. Definitions; E. I. "Be st available control technology" 1. "Emission Source" means any process or 2016 MI SIP compilation update Wayne County Air Pollution Control Ordinance Page 3 of 20 (11/18/1985) process equipment, fuel-burning equip the document: "Standard For Metric ment, waste-burning equipment or port Practice". ASTM Designation: E380-76 able equipment, or control equipment pp. 484-520. In case of discrepancy, the pertaining thereto, the use of which may British Units shall supersede. cause the discharge of an air contaminant into the outer air. N. Definitions; N. 2. "Excess emissions" means emissions of air 1. "NESHAPS" means a national em1ss1on contaminant in excess of an emission standard for hazardous air pollutants set limitation or prohibition, an installation by the U.S. Environmental Protection permit condition, certificate of operation Agency, 40 CFR Part 61. condition, or a requirement existing in an administrative or judicial order. 2. "NSPS" means new source performance standards set by the U.S. Environmental Protection Agency, 40 CFR Part 60. F. Definitions; F. 1. "Federal Clean Air Act": means the Clean 0. Definitions; 0. Air Act, as amended; at 42 USC 7401, et seq. 1. "Owner or operator" means any person who owns, leases, operates, controls, or supervises an emission source. H. Definitions; H. 1. "Health Officer" means the Head of the P. Definitions; P. Department or that person's duly author 1. "Particulate matter" means any air con ized representative. taminant existing as a finely divided liquid or solid, other than uncombined water, as I. Definitions; I. measured by methods SA through SG 1. "Incinerator" means a waste-burning (See Division Requirements for Emission emission source. Source Testing, Appendix A) or by an equivalent or alternative method. L. L. Definitions; 2. "Person" means a natural person, trustee, 1. "Lowest Achievable Emission Rate court appointed representative, syndicate, (LAER)" means the more stringent of the association, partnership, firm, club, following: company, corporation, business trust, institution, agency, government corpora a) The most stringent emission limitation tion, municipal corporation, city, county, which is contained in the implementa municipality, district, or other political tion plan of any state for such class or subdivision, department, bureau, agency category of emission sources, unless or instrumentality of federal, state, or the owner or operator of the proposed local government, or other entity major offset emission source or major recognized by law as the subject of rights offset modification demonstrates that and duties. such a limitation(s) is not achievable; or 3. "Portable equipment" means any non-stationary waste-burning, fuel b) The most stringent emission limitation burning, asphalt or concrete batch plant, which is achieved in practice by such or portable screening equipment, or other class or category of emission sources. process or process equipment which is In no event shall the application of this intended to be moved from place to place. term permit a proposed major offset S. Definitions; S. emission source or major offset modifica tion to emit any air contaminant in excess 1. "Seal", for sealing em1ss10n sources or of the amount allowable under an ap premises, means a device installed on or in plicable NSPS. a manner approved by the Division so as to prevent use of the emission source or M. Definitions; M. premises. 1. "Metric units" means the international 2. "Specific plate collection area" means the system of units. All conversions from ratio of the total collection area to the British Units shall be in accordance with total gas volume flow rate in square feet 2 2016 MI SIP compilation update Wayne County Air Pollution Control Ordinance Page 4 of 20 (11/18/1985) per 1,000 actual cubic feet per minute. U. Definitions; U. 1. "Unleaded gasoline": means gasoline con 3. "Stack height required to minimize down taining not more than 0.05 gram of lead wash" means that stack height which is per gallon and not more than 0.005 gram calculated to be equal to or greater than of phosphorus per gallon. This definition the sum of the product of 1.5 and the is intended to be consistent with the lesser dimension of the height or width of federal definition for unleaded gasoline the influencing structure and the product contained at 40 CFR 80.2(g). of 3.0 and the inside stack diameter. In such calculations, the width is the dimen 2. "USC" means United States Code, U.S. sion of the influencing structure perpendi Government Printing Office, Super cular to the wind direction.