Air Quality Ordinance

(1) �� The actual emissions as of a particular date shall equal the average rate, in tons per year, at which the source operation or installation actually emitted the pollutant during the previous two-year period and which represents normal operation. A different time period for averaging may be used if the director determines it to be more representative. Actual emissions shall be calculated using actual operating hours, production rates and types of materials processed, stored or combusted during the selected time period;

(2) �� The director may presume that source specific allowable emissions for a source operation or installation are equivalent to the actual emissions of the source operation or installation; and

(3) �� For source operations or installations which have not begun normal operations on the particular date, actual emissions shall equal the potential emissions of the source operation or installation on that date.

Adequately wet means to sufficiently mix or penetrate with liquid to prevent the release of particles. If visible emissions are observed coming from asbestos-containing material, then the material has not been adequately wetted. However, the absence of visible emissions is not sufficient evidence of being adequately wet.

Administrator means the Regional Administrator for Region VII, United States Environmental Protection Agency (EPA).

Adsorption cycle means the period during which the adsorption system is adsorbing and not desorbing.

Adverse impact on visibility means the visibility impairment which interferes with the protection, preservation, management or enjoyment of the visitor's visual experience of a class I area, which is an area designated as class I in 10 CSR 10-6.060, (8)(I)3. This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency and time of visibility impairments, and how these factors correlate with the times of visitor use of the class I area and the frequency and timing of natural conditions that reduce visibility.

Affected source means a source that includes one or more emission units subject to emission reduction requirements or limitations under Title IV of the Act.

Affected states means all states contiguous to the permitting state whose air quality may be affected by the modification renewal or issuance of, or is within 50 miles of a source subject to permitting under Title V of the Act.

Affected unit means a unit that is subject to emission reduction requirements or limitations under Title IV of the Act.

Aggressive air sampling means the sweeping of floors, ceilings, walls and other surfaces with the exhaust of a minimum of one horsepower leafblower or equivalent immediately prior to air monitoring.

AHERA means the Asbestos Hazard Emergency Response Act of 1986 (p.L. 99-519).

Air cleaning device means any method, process or equipment which removes, reduces or renders less obnoxious air contaminants discharged into the ambient air.

Air contaminant means any particulate matter, gas or vapor, exclusive of water vapor, including but not limited to smoke, charred paper, dust, soot, grime, carbon or any other particulate matter, fumes or gases, or any combination thereof.

Air contaminant source means any and all sources of emission of air contaminants, whether privately or publicly owned or operated.

Air-dried coating means a coating which is dried by the use of air or forced warm air at temperatures up to 90 degrees Celsius (194 degrees Fahrenheit).

Air pollution means the presence in the ambient air of one or more air contaminants in quantities, of characteristics and of a duration which directly and proximately cause or contribute to injury to human, plant or animal life or health or to property or which unreasonably interfere with the enjoyment of life or use of property.

Allowable emissions means the emission rate calculated using the maximum rated capacity of the installation (unless the source is subject to enforceable permit conditions which limit the operating rate or hours of operation, or both) and the most stringent of the following:

(1) �� Emission limit established in any applicable emission control regulation, including those with a future compliance date; or

(2) �� The emission rate specified as a permit condition.

Allowance means an authorization, allocated to an affected unit by the administrator under Title IV of the Act to emit during or after a specified calendar year, one ton of sulfur dioxide (SO 2 ).

Alternate site analysis means an analysis of alternative sites, sizes, production processes and environmental control techniques for such proposed source which demonstrates that benefits of the proposed installation significantly outweigh the environmental and social costs imposed as a result of its location, construction or modification.

Ambient air means all space outside of buildings, stacks or exterior ducts.

Ambient air increments means the limited increases of pollutant concentrations in ambient air over the baseline concentration.

Ambient air quality standards means the National Primary and Secondary Ambient Air Quality Standards to be found in 40 CFR part 50.

Anode bake plant means a facility which produces carbon anodes for use in a primary aluminum reduction installation.

Applicable requirement means all of the following listed in the Act:

(1) �� Any standard or requirement provided for in the implementation plan approved or promulgated by EPA through rulemaking under Title I of the Act that implements the relevant requirements, including any revisions to that plan promulgated in 40 CFR part 52;

(2) �� Any term or condition of any preconstruction permit issued pursuant to regulations approved or promulgated through rulemaking under Title I including Parts C or D of the Act;

(3) �� Any standard or requirement under Section III of the Act, including Section III(d);

(4) �� Any standard or requirement under Section 112 of the Act, including any requirement concerning accident prevention under Section 112(r)(7);

(5) �� Any standard or requirement of the acid rain program under Title IV of the Act or the regulations promulgated thereunder;

(6) �� Any requirements established pursuant to Section 504(b) or Section 114(a)(3) of the Act;

(7) �� Any standard or requirement governing solid waste incineration, under Section 129 of the Act;

(8) �� Any standard or requirement for consumer and commercial products, under Section 183(e) of the Act;

(9) �� Any standard or requirement for tank vessels under Section 183(f) of the Act;

(10) �� Any standard or requirement of the program to control air pollution from outer continental shelf sources, under Section 328 of the Act;

(11) �� Any standard or requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the Act, unless the administrator has determined that such requirements need not be contained in a Title V permit;

(12) �� Any national ambient air quality standard or increment or visibility requirement under Part C of the Title I of the Act, but only as it would apply to temporary sources permitted pursuant to Section 504(e); and

(13) �� Any standard or requirement established in Sections 643.010 through 643.190 of the Missouri Air Conservation Law and rules adopted thereunder.

Appropriate warning sign means any asbestos hazard warning sign that complies with the regulations of the United States Occupation Safety and Health Administration (OSHA) or the United States Environmental Protection Agency (EPA) rules.

Approved source means a source of fuel which has been found by the department director, after the tests as he/she may require, to be in compliance with these sections of the Code.

Approved waste disposal site means a solid waste disposal area that is authorized by the department director to receive friable asbestos containing solid wastes.

Asbestos means the asbestiform varieties of chyrsolite, crocidolite, amosite, anthophyllite, tremolite and actinolite.

Asbestos abatement means the encapsulation, enclosure or removal of asbestos-containing materials, in or from a building, or air contaminant source, or preparation of friable asbestos-containing material prior to demolition.

Asbestos abatement contractor means any person who by agreement, contractual or otherwise, conducts asbestos abatement projects at a location other than their own place of business.

Asbestos abatement project means an activity undertaken to encapsulate, enclose or remove ten square feet or 16 linear feet or more of friable asbestos-containing materials from buildings and other air contaminant sources, or to demolish buildings and other air contaminant sources containing ten square feet or 16 linear feet or more.

Asbestos abatement supervisor means an individual who directs, controls or supervises others in asbestos abatement projects.

Asbestos abatement work means an individual who engages in asbestos abatement projects.

Asbestos air sampling professional means an individual who by qualifications and experience is proficient in asbestos abatement air monitoring. The individual shall conduct, oversee or be responsible for air monitoring of asbestos abatement projects before, during and after the project has been completed.

Asbestos air sampling technician means an individual who has been trained by an air sampling professional to do air monitoring. That individual conducts air monitoring of an asbestos abatement project before, during and after the project has been completed.

Asbestos caution label means a label that complies with applicable EPA, department of transportation (DOT) and OSHA rule requirements and is securely affixed to a waste container that contains friable asbestos materials.

Asbestos-containing material (ACM) means any material or product which contains more than one percent asbestos by weight.

Asbestos debris means material that results from removal or deterioration of asbestos-containing material.

Asbestos dismantling project means an asbestos abatement project that includes the dissembling, handling and moving of the components of any structural or equipment item that has been coated with friable asbestos-containing material without first removing this material.

Asbestos encapsulation project means an asbestos project involving the coating of a friable asbestos-containing surface material with a sealing substance with the intended purpose of preventing the continued release of asbestos fibers from the material into the air. This definition shall not include:

(1) �� The repainting of a previously painted asbestos-containing surface primarily for the purpose of improving appearance;

(2) �� The application of a sealing material to a surface subsequent to the removal of asbestos from it;

(3) �� The application of an encapsulant to asbestos-containing material while the material is being removed;

(4) �� The application of a sealing substance to less than ten square feet or less than 16 linear feet of friable asbestos-containing material that is contiguous to other types of material;

(5) �� The application of a sealing substance to asbestos-containing material that has previously been enclosed or encapsulated; or

(6) �� The painting of nonfriable asbestos-containing material.

Asbestos enclosure project means an asbestos abatement project that involves the construction of an air tight impact resistant barrier to isolate a surface coated with asbestos-containing material.

Asbestos maintenance operation means any operation that involves the removal or cleanup of less than ten square feet or less than 16 linear feet of friable asbestos-containing material from any type of structure or equipment item in order to repair, replace or maintain the item and anything attached to it.

Asbestos projects means an activity undertaken to remove or encapsulate 160 square feet or 260 linear feet or more of friable asbestos-containing materials or demolition of any structure or building or a part of it containing the previously mentioned quantities of asbestos-containing materials.

Asbestos removal project means an asbestos abatement project consisting of activities that involve, and are required, to take out friable asbestos-containing material from any facility. This definition includes, but is not limited to, activities associated with the cleanup of loose friable asbestos-containing debris or refuse, or both, from floors and other surfaces.

ASME means the American Society of Mechanical Engineers.

Asphalt prime coat means an application of low-viscosity liquid asphalt to an absorbent surface such as a previously untreated surface.

Asphalt seal coat means an application of a thin asphalt surface treatment used to waterproof and improve the texture of an absorbent surface or a nonabsorbent surface such as asphalt or concrete.

ASTM means the American Society of Testing and Materials.

Automobile means a four-wheel passenger motor vehicle or derivative capable of seating no more than 12 passengers.

Automobile and light duty truck surface coating operations means the application, flashoff and curing of primer, primer-surfacer, topcoat and final repair coatings during the assembly of passenger cars and light duty trucks, excluding such operations when performed by customizers, body shops and other repainters, and excluding the following operations:

(1) �� Wheel coatings;

(2) �� Miscellaneous antirust coatings;

(3) �� Truck interior coatings;

(4) �� Interior coatings;

(5) �� Flexible coatings;

(6) �� Sealers and adhesives; and

(7) �� Plastic parts coatings.

Automotive underbody deadeners means any coating applied to the underbody of a motor vehicle to reduce the noise reaching the passenger compartment.

Base year means the year chosen in the state implementation plan to directly correlate emissions of the nonattainment pollutant in the nonattainment area with ambient air quality data pertaining to the pollutant. From the base year, projections are made to determine when the area will attain and maintain the ambient air quality standards.

Baseline area means the continuous area in which the source constructs as well as those portions of the intrastate area which are not part of a nonattainment area and which would receive an air quality impact equal to or greater than one microgram per cubic meter (1 ug/m 3 ) annual average (established by modeling) for each pollutant for which an installation receives a permit under 10 CSR 10-6.060(8) and for which increments have been established in 10 CSR 10-6.060(11)(B), Table (2). Each of these areas are references to the standard United States Geological Survey county-township-range-section system. The smallest unit of area for which a baseline date will be set is one section (one square mile).

Baseline concentration means that ambient concentration level which exists at locations of anticipated maximum air quality impact or increment consumption within a baseline area at the time of the applicable baseline date, minus any contribution from installations, modifications and major modifications subject to 10 CSR 10-6.060(8) or subject to 40 CFR 52.21 on which construction commenced on or after January 6, 1975 for sulfur dioxide and particulate matter and February 8, 1988 for nitrogen dioxide. The baseline concentration shall include contributions from:

(1) �� The actual emissions of other installations in existence on the applicable baseline date; and

(2) �� The potential emissions of installations and major modifications which commenced construction before January 6, 1975, but were not in operation by the applicable baseline date.

Baseline date means the date, for each baseline area, of the first complete application after August 7, 1977, for sulfur dioxide and particulate matter, and February 8, 1988 for nitrogen dioxide for a permit to construct and operate an installation subject to 10 CSR 10-6.060(8) or subject to 40 CFR 52.21.

Best available control technology (BACT) means an emission limitation, including a visible emissions limit, based on the maximum degree of reduction for each pollutant which would be emitted from any proposed installation or major modification which the director on a case-by-case basis, taking into account energy, environmental and economic impacts and other costs, determines is achievable for such installation or major modification through application of production processes or available methods, systems and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of best available control technology result in emission of any pollutant which would exceed the emissions allowed by any applicable emission control regulation, including new source performance standards established in 40 CFR part 60 and National Emissions Standards for Hazardous Pollutants established in 40 Part CFR 61. If the director determines that technological or economic limitations on the application of measurement methodology to a particular source operation would make the imposition of an emission limitation infeasible, a design, equipment, work practice or operational standard, or combination thereof, may be prescribed instead to require the application of best available control technology. Such standard shall, to the degree possible, set forth the emission reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results.

Board means the air quality control board.

Building means any structure excluding single-family, owner-occupied dwellings, and vacant public or privately owned residential structures of four dwelling units or less being demolished for the sole purpose of public health, safety or welfare. Excluded structures must be geographically disbursed, demolished pursuant to a public safety determination, and must pose a threat to public safety.

Btu means British thermal unit(s).

Can coating means a surface coating applied to a cylindrical steel or aluminum container. The container can be two pieces (made by a drawn and wall-ironed shallow cup with only one end) or three pieces (made by a rectangular material rolled into a cylinder and the attachment of two end pieces).

Carbon adsorption system means a device containing adsorbent material (e.g., activated carbon, alumina, silica gel), an inlet and outlet for exhaust gases, and a system to regenerate the saturated adsorbent. The carbon adsorption system must provide for the proper disposal or reuse of all VOC adsorbed.

Carbon bed breakthrough means a concentration of VOC in the carbon adsorption device exhaust that exceeds ten percent by weight of the inlet VOC concentration.

Catalytic incinerator means an incinerator using a catalyst in controlling incineration emissions to allow greater combustion at lower temperatures.

Category I nonfriable ACM means asbestos-containing packings, gaskets, resilient floor covering and asphalt roofing products containing more than one percent asbestos as determined using the method specified in 40 CFR part 763, Appendix A, Section 1, Polarized Light Microscopy.

Category II nonfriable ACS means any material, excluding category I nonfriable ACM, containing more than one percent asbestos as determined using the methods specified in 40 CFR part 763, subpart F, Appendix A, Section 1, Polarized Light Microscopy that, when dry, cannot be crumbled, pulverized or reduced to powder by hand pressure.

CFR: Code of Federal Regulations. means any incorporation by reference of a CFR regulation contained in this chapter shall incorporate that regulation, as amended, as of the date of passage of the ordinance containing the reference.

Circumvention means building, erecting, installing or using any article, machine, equipment, process or method which, when used, would conceal an emission that would otherwise constitute a violation of an applicable standard or requirement. That concealment includes, but is not limited to, the use of gaseous adjutants to achieve compliance with a visible emissions standard, and the piecemeal carrying out of an operation to avoid coverage by a standard that applies only to operations larger than a specific size.

City means the City of Kansas City, Missouri.

Class A source means either a class A1, A2 or A3 source as defined in this section.

Class A1 source means any air contaminant source with the potential to emit equal to or greater than 100 tons per year of an air contaminant.

Class A2 source means any air contaminant source, which is not a class A1 source, and with the potential, air cleaning devices not considered, to emit equal to or greater than 100 tons per year of an air contaminant.

Class A3 source means any air contaminant source which emits or has the potential to emit, ten tons per year or more of any hazardous air pollutant or 25 tons of any combination of hazardous air pollutants, or as defined pursuant to Section 112 of the Act.

Class B source means any air contaminant source with the potential, air cleaning devices not considered, to emit equal to or greater than the de minimis amounts of an air contaminant established by the commission, but not a class A source.

Clean room means an uncontaminated area or room which is part of the worker decontamination enclosure system.

Clear coat means a coating which lacks color and opacity or is transparent and uses the undercoat as a reflectant base or undertone color. This term also includes corrosion preventive coatings used for the interior of drums or pails.

Closed container means a container with a cover fastened in place so that it will not allow leakage or spilling of the contents.

Coating applicator means an apparatus used to apply a surface coating.

Coating line means one or more apparatus or operation(s) which include a coating applicator, flashoff area and oven wherein a surface coating is applied, dried or cured.

Coil coating means the coating of any flat metal sheet or strip that comes in rolls or coils.

Cold cleaner means a type of degreaser which consists of a tank of organic solvent used for cleaning or degreasing metal parts at or near room temperature.

Combustion chamber means the discrete equipment, chamber or space of an incinerator in which the products of pyrolysis are combusted in the presence of excess air so that carbon is burned to carbon dioxide. Combustion chamber does not include breaching or stacks of the incinerator.

Commenced means an owner or operator has undertaken a continuous program of construction or modification or that an owner or operator has entered into a binding agreement or contractual obligation to undertake and complete within a reasonable time, a continuous program of construction or modification.

Commenced operation means the initial setting into operation of any air pollution control equipment or process equipment.

Commercial vehicle means a motor vehicle designed or regularly used for carrying freight and merchandise or more than eight passengers.

Condensate (hydrocarbons) means a hydrocarbon liquid separated from natural gas which condenses due to changes in the temperature and/or pressure and remains liquid at standard conditions.

Condenser means any heat transfer device used to liquefy vapors by removing their latent heats of vaporization, including but not limited to shell and tube, coil, surface or contact condensers.

Conservation vent means any valve designed and used to reduce evaporation losses of VOC by limiting the amount of air admitted to, or vapors released from, the vapor space of a closed storage vessel.

Construction means fabricating, erecting, reconstructing or installing a source operation. Construction shall include installation of building supports and foundations, laying of underground pipe work, building of permanent storage structures, and other construction activities related to the source operation. For permits not being reviewed under Section 10 CSR 10-6.060(7) or (8), the installation of building supports and foundations, the laying of underground pipe work, and the building of permanent storage structures may be exempted from the construction definition if authorized by the director. Authorization will occur if the applicant submits a signed waiver of any state liability, a complete list of the activities to be undertaken, and the applicant's full acceptance and knowledge of all liability associated with the possibility of denial of the permit application.

Containment means the area where an asbestos abatement project is conducted. The area must be enclosed either by a glove bag or plastic sheeting barriers.

Control curtain means any of the three following types of closure devices that are to be constructed of not less than four mil thick plastic sheeting material and installed in an entry way of an area that is considered to be contaminated with free asbestos fibers.

(1) �� A ventilation curtain that allows unrestricted air flow into a contaminated area when it is being ventilated with an exhaust fan. This curtain consists of a single flap that opens into the contaminated area and is securely fastened across the top of the entryway framework so that it overlaps both sides of the entryway by not less than 12 inches and the base of the entryway by not less than three inches.

(2) �� A confinement curtain that restricts the movement of air into, and from, an unventilated and contaminated area. This curtain consists of three constructed baffles that cover the entire area of the entryway and are securely fastened along the top of the entryway framework and along alternate sides of locations in a manner that will allow two of the curtains to fully cover the entryway opening while a person passes through the third curtain. An airlock arrangement consisting of two confinement curtain entryways that are located at last three feet apart may be substituted for the triple baffle arrangement; or

(3) �� A closure device for which written department approval is required.

Conveyorized degreaser means a type of degreaser in which the parts are loaded continuously.

Crude oil means a naturally occurring mixture which consists of hydrocarbons and sulfur, nitrogen or oxygen derivatives, or a combination of these, of hydrocarbons which is a liquid at standard conditions.

Custody transfer means the transfer of produced crude oil and/or condensate, after processing and/or treating in the producing operations, from storage tanks or automatic transfer facilities to pipelines or any other forms of transportation.

Cutback asphalt means any asphaltic cement that has been liquefied by blending with VOC liquid diluents.

Decontamination facility means the serial arrangement of rooms or spaces for the purpose of separating the work site from the building environment upon entering the work site and for the cleaning of persons, equipment and contained waste prior to returning to the clean environment.

Degreasing means a solvent metal cleaning in which nonaqueous solvents are used to clean and remove soils from metal surfaces.

Delivery vessel means a tank truck, trailer, railroad tank car or drums.

De minimis levels means any emissions level less than or equal to the rates listed as follows:

�

Pollutant �	Tons per year �
Carbon monoxide �	100.0 �
Nitrogen dioxide �	40.0 �
Total suspended particulates �	25.0 �
Particulate matter-10 micron (PM10) �	15.0 �
Sulfur dioxide �	40.0 �
Ozone (to be measured as VOC) �	40.0 �
Lead �	0.6 �
Mercury �	0.1 �
Beryllium �	0.0004 �
Asbestos �	0.007 �
Fluorides �	3.0 �
Sulfur acid mist �	7.0 �
Vinyl chloride �	1.0 �
Hydrogren sulfide �	10.0 �
Total reduced sulfur (including hydrogen sulfide) �	10.0 �
Reduced sulfur compounds (including hydrogen sulfide) �	10.0 �
Municipal waste combustor organics (measured as total tetra-through octa-chlorinated dibenzo-p-dioxins and dibenzofurans) �	3.5 � 10 -6 �
Municipal waste combustor metals (measured as particulate matter) �	15.0 �
Municipal waste combustor acide gases (measured as sulfur dioxide and hydrogen chloride) �	40.0 �
Hazardous air pollutant (each) �	10.0 �
Sum of hazardous air pollutants �	25.0 �

Demolition project means the wrecking, razing, burning or removal of any load supporting structural member or portion of a structure together with any related handling operation.

Department-approved in-house project means an asbestos abatement project in a person's own facility using their own trained facility employees; the project has received departmental approval as part of planned renovation operations.

Designated representative means a responsible individual authorized by the owner or operator of an affected source and of all affected units at the source, as evidenced by a certificate of representation submitted in accordance with subpart B of 40 CFR part 72, to represent and legally bind the owner and operator, as a matter of federal law, in matters pertaining to the acid rain program. Whenever the term "responsible official" is used in 40 CFR part 70, 10 CSR 10-6.065 or in any other regulations implementing Title V of the Act, it shall be deemed to refer to the "designated representative"