§ 10.56.050. Exemptions.

A.

The following sources are exempt from the provisions of this chapter unless otherwise specified by the director:

1.

Fuel burning equipment used exclusively for heating less than three dwelling units;

2.

Natural gas or fuel oil burning equipment of less than five hundred thousand Btu input per hour. This exemption shall not apply when the total capacity of such equipment operated by one person exceeds 2.0 million Btu input per hour;

3.

Any process emission source emitting less than 0.1 pounds per hour of nonhazardous particulate matter;

4.

Equipment used on farms for soil preparation, tending or harvesting of crops, or for preparation of feed to be used on the farm when prepared;

5.

Residential barbecue pits and cookers;

6.

Wood smoking operations used to cure tobacco in barns; and

7.

Mobile sources, such as automobiles, trucks, busses, locomotives, airplanes and boats.

B.

Notwithstanding the exemptions granted in Paragraph A of this section, no person shall discharge, from any source whatsoever, such quantities of air contaminants or other materials which cause or have a tendency to cause, injury, detriment, annoyance, or adverse effect to the public.

C.

The sources listed below are exempt from the permitting requirements of Sections 10.56.020 and 10.56.040 of this chapter unless specifically required to do so by the director. However, the emissions from these sources shall comply with the remaining provisions of this chapter and with any applicable regulation adopted by the metropolitan board of health in accordance with the provisions of Section 10.56.090 of this chapter.

1.

Fuel burning equipment that is fired with liquid petroleum gas, natural gas, or No. 2 fuel oil with a heat input of less than 10 million Btu per hour where the combined total heat input rate at the facility does not exceed 20 million Btu per hour. This exemption does not apply to gas-fired turbines;

2.

Equipment used exclusively to store or hold dry natural gas or liquid petroleum gas;

3.

Laboratory equipment used exclusively for chemical and physical analysis, including ventilating and exhaust systems for laboratory hoods used for air contaminants other than carcinogenic or radioactive air pollutants;

4.

Brazing, soldering, or welding equipment, except those which emit lead or use lead compounds;

5.

Repairs or maintenance of a source regulated by an emission standard provided that no structural changes are involved such as replacement or installation of any new process, fuel burning, incineration or air pollution control equipment;

6.

Alkaline/phosphate washers and associated gas-fired burners, provided that no volatile organic compounds are present in the phosphatizing or wash solutions;

7.

All gas or No. 2 fuel-oil-fired infrared, or electric ovens which have no emissions other than products of fuel combustion except for those regulated by Regulation No. 5, Standards of Performance for new Stationary Sources, or have a heat rate input of more than 10 million Btu per hour;

8.

Surface coating operations which do not exceed a combined total usage of more than forty-five gallons per month of coatings, thinners and cleanup solvents at one location;

9.

Any process emitting less than 0.1 pounds per hour of any nonhazardous air pollutant except for those regulated by Regulation No. 5, Standards of Performance for New Stationary Sources; and

10.

Tank trucks and barges.

D.

Notwithstanding any exemption granted in this section because of size or production rate, an exempted source must be listed in the application for a permit to be issued in accordance with Regulation No. 13, Part 70 Operating Permit Program.

E.

The exemptions in this section shall not apply:

1.

To any source regulated under Section 111 or 112 of the Act; or

2.

To any of the following hazardous air pollutants:

2-Acetylaminofluorene

Acrolein

Acrylamide

Acrylic acid

Acrylonitrile

Arsenic compounds

Benzidine

Beryllium compounds

Bis (chloromethyl) ether

1, 3-Butadine

Cadmium compounds

Chlordane

2-Chloroacetophenone

Chromium compounds

Chloromethyl methyl ether

Coke oven emissions

Diazomethane

Dibenzofuran

1, 2-Dibromo-3-chloropropane

Dichloroethyl ether (Bis (2-Chloroethyl) ether)

Dimethylcarbamoyl chloride

1, 2-Diphenylhydrazine

Ethylen dibromide

Ethylenimine (Aziridine)

Ethylene oxide

Heptachlor

Hexachlorobenzene

Hexachlorocyclopentadiene

Hydrazine

Manganese compounds

Mercury compounds

Methylene Diphenyl diisocyanate (MDI)

Methyl hydrazine

Methyl isocyanate

Nickel compounds

N-Nitrosodimethylamine

N-Nitroso-n-methylurea

Parathion

Phosgene

Phosphine

Phosphorus

1, 2-proplenimine

2, 3, 7, 8-Tetrachlorodibenzo-p-dioxin

Toxophene (Chlorinated camphene)

Vinyl chloride

F.

Notwithstanding any exemption in this Section, any application submitted in accordance with Section 10.56.020 and Section 10.56.040 of this chapter shall include all emission sources and quantify emissions if needed to determine major source status, to determine compliance with an applicable requirement, and/or the applicability of any applicable requirement such as NSPS, NESHAPS, or MACT standards, etc., or in calculation of permit fees in accordance with Section 10.56.080.

(Ord. 95-84 § 3, 1995; Ord. 93-790 § 5, 1993)