CLEAN AIR CODE

Tulsa Revised Ordinances tit. 17, ch. 7

in effect

Tulsa Revised Ordinances tit. 17, § 700 Definitions.

Section 700. - Definitions. For the purpose of this chapter, the following terms, phrases and words have the meanings given herein. A. Agricultural wastes means the waste generated from the production of crops or livestock for food or for fiber. B. Air contaminant means the presence in the outdoor atmosphere of fumes, aerosol, mist, gas, smoke, vapor, particulate matter or any combination thereof, which creates a condition of air pollution. C. Air pollution means the presence in the outdoor atmosphere of one (1) or more air contaminants in sufficient quantities and of such characteristics and duration as tends to or may be injurious to human, plant or animal life or to property, or which interferes with the comfortable enjoyment of life and property. D. Applicant means any person who owns, leases, operates, controls or supervises a source. E. Atmosphere means the air that envelopes or surrounds the earth. F. Begin construction means initiation of permanent, physical, on-site construction activities for a source or facilities associated with the source. G. Best Available Control Technology (BACT) means the control technology to be applied which is the best available, determined on a case-by-case basis, considering environment, energy, economic impact and costs. H. Board means the Tulsa City-County Board of Health. I. Certified visible emissions evaluator means a person who has completed a course conducted by the Tulsa City-County Health Department or other such appropriate agency and has met the requirements for evaluating visible emissions as set forth by criteria approved by the Oklahoma Air Quality Council and the Tulsa City-County Health Department. J. Complete application means all information necessary for evaluation of the proposed new, modified, reconstructed relocated or existing source including, but not limited to, completed forms provided by the Director, fees, test data, plans and specifications. K. Demolition means the wrecking or taking out of any load supporting, structural member of a facility, together with any related handling operation. L. Department means the Tulsa City-County Health Department. M. Director or Director of Health means the Medical Director of the Tulsa City-County Health Department or his duly designated representative. N. Dust means solid particulate matter released into or carried in the air by natural forces by any fuel-burning, combustion, process equipment or device, construction work or mechanical or industrial processes. O. Emergency means a condition created from the emission of a pollutant or pollutants that may or will be an immediate or substantial endangerment to human health or welfare. P. Equipment malfunction means any departure from normal operating procedures which results in the temporary emissions of a pollutant, or pollutants above the standards set forth in this ordinance. Q. Existing source means an air contaminant source which is in being on the effective date of this code. R. Facility means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one (1) or more contiguous or adjacent properties, excluding right of way, and are under the control of the same person or persons under common control. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same "Major Group" (i.e., which have the same four-digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1987 Supplement. S. Fuel-burning equipment means any equipment, device or contrivance and all appurtenances thereto, including ducts, breachings, fuel-feeding equipment, ash removal equipment, combustion controls, stacks and chimneys used primarily to burn any fuel for the purpose of indirect heating in which the material being heated is not contacted by and adds no substance to the products of combustion. T. Fugitive dust means solid airborne particulate matter emitted from any source other than a stack or chimney. U. Fume means minute solid particulates generated by the condensation of vapors to solid matter after volatilization from the molten state, or generated by sublimation, distillation, calcination or chemical reaction when these processes create airborne particles. V. Gasoline transports means trailers with fuel tanks attached. Volumes are five thousand (5,000) gallons to twelve thousand (12,000) gallons. W. Gasoline vapors means the gases that are naturally generated from liquid gasoline during loading, transporting or unloading. X. In being, as used in the definition of existing source, means that an owner or operator has undertaken a continuous program of construction, reconstruction or modification, or that the 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, reconstruction or modification prior to the compliance date for the applicable ordinance. Y. Incinerator means a combustion device specifically designed for the destruction, by high temperature burning, of solid, semi-solid, liquid or gaseous combustible wastes and from which the solid residues contain little or no combustible material. Z. Mist means a suspension of any finely divided liquid in any gas or atmosphere, excepting uncombined water. AA. Modification means any physical change or change in the method of operation of a source which changes the emissions. BB. Multiple chamber incinerator means any article, machine, equipment or contrivance or part of a structure used to dispose of refuse by burning, which consists of three (3) or more refractory-lines combustion chambers in series, physically separated by refractory walls, interconnected by gas passage ports or ducts, and adequately designed for maximum combustion of the material to be burned. CC. New source means any source which is constructed, modified, reconstructed or altered after the effective date of this ordinance. DD. Opacity means the degree to which an emission of air contaminants obstruct the transmission of light expressed as the percentage to which the vision is obstructed as measured by a certified Visible Emissions Evaluator. EE. Open burning means the burning of combustible materials in such a manner that the products of combustion are emitted directly to the outside atmosphere. FF. Organic materials means chemical compounds of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides, metallic carbonates and ammonium carbonate. GG. Paper mill means a plant in which paper, paper board, cardboard, paper felt or similar material is produced from waste paper products, wood chips and/or pulp slurry including, but not limited to mixers, forming screens, suction boxes, dryers, filters, paper rolls and other auxiliary equipment pertinent to the process. HH. Particulate matter means any material, except uncombined water, that exists in a finely divided form as a liquid or solid. II. Person means an individual or partnership, corporation, association, firm, company, organization, local or state governmental agency or any other legal entity, or its representative, officer, agent or assigns. JJ. Portable source means a source designed to allow periodic disassembly and/or relocation and which is relocated at least once each twenty-four (24) months. KK. Potential emissions means the quantity of an air contaminant that would occur in the absence of air pollution control equipment. Potential emissions shall be determined at maximum design capacity, but operating hours may be limited by permit conditions. LL. Pretest plan means a detailed document to supply the Director with sufficient information and specifications to determine if a proposed format of stack testing procedures is adequate to accurately measure the emissions from a point source. MM. Process equipment means any equipment, device or contrivance for changing any material or for the storing or handling of any materials, the use or existence of which may cause any discharge of air contaminants into the open air, but not including that equipment specifically defined as fuel-burning equipment. NN. Process weight means the weight of all materials introduced in a source operation, including solid fuels but excluding liquids and gases used solely as fuel, and excluding air introduced for the purposes of combustion. Process weight rate means a rate established as follows: 1. For continuous or long-run, steady-state operations, the total process weight for the entire period of continuous operation, or for a typical portion thereof, divided by the number of hours of such a period or portion thereof; 2. For cyclical or batch source operations, the total process weight for a period which covers a complete or an integral number of cycles, divided by the hours of actual process operation during such period; and 3. In any situation in which the nature of any process or operation or the design of any equipment is such as to permit more than one (1) interpretation of this definition, that interpretation which results in the minimum value for allowable emission shall apply. OO. Products of combustion means all particulate and gaseous contaminants emitted as a result of the burning of refuse and combustible materials. PP. Pulp mill means the process equipment used in production of pulp from wood chips or bolts which may include, but are not limited to debarker, chipper digester, blow tank, washers, condensers, evaporators, recovery furnace, lime kiln, smelt-dissolving tank, mixers, heat exchangers, gas scrubbers and other auxiliaries pertinent to the process. QQ. Reconstruction means a change of a source in which the replacement costs of proposed depreciable components exceeds fifty percent (50%) of the replacement costs of all depreciable components. RR. Refuse means the inclusive term for solid, liquid or gaseous waste products which are composed wholly or partly of such materials as garbage, sweepings, cleanings, trash, rubbish, litter, trade waste, agricultural waste, industrial, commercial and domestic solid, liquid or gaseous waste; trees or shrubs; tree or shrub trimmings, grass clippings; brick, plaster, lumber or other waste resulting from the demolition, alteration or construction of buildings or structures; accumulated waste material, cans, containers, tires, junk or other such substances. SS. Renovation means altering in any way one (1) or more facility components. Operations in which load supporting structural members are wrecked or taken out are excluded. TT. Ringelmann Chart means the chart published and described in the U.S. Bureau of Mines Information Circular Number 8333, or as it may be amended. UU. Salvage operation means any business, trade, industry or other activity, conducted in whole or in part for the purpose of salvaging or reclaiming any product or materials. VV. Smoke means any gasborne or airborne particles resulting from combustion operations and consisting of carbon, ash and other products of combustion, any or all of which is present in sufficient quantity to be observable. WW. Source means any individual process or activity capable of emitting an air contaminant. XX. Standard temperature and pressure means twenty degrees (20°) Centigrade and seven hundred sixty (760) millimeters of mercury. YY. Submerged fill pipe (drop tube) means any fill pipe or discharge nozzle which meets any one (1) of the following conditions: 1. The bottom of the discharge pipe or nozzle is below the surface of liquid in receiving vessel for at least ninety-five percent (95%) of the volume filled; 2. The bottom of the discharge pipe or nozzle is less than six (6) inches from the bottom of the receiving vessel; 3. The bottom of the discharge pipe or nozzle is less than two (2) pipe or nozzle diameters from the bottom of the receiving vessel; or 4. Other conditions acceptable to the Director. ZZ. Terminals means loading facilities with throughputs greater than forty thousand (40,000) U.S. gallons per day. AAA. Tight fill means the manner in which organic materials are transferred from the delivery vessel into a storage vessel so that vapor and liquid loss of organic materials is eliminated. BBB. Trade waste means solid, liquid or gaseous material resulting from construction, the operation of any business, trade or industry, or any demolition operation including, but not limited to, plastics, cartons, grease, oil, chemicals and cinders. CCC. Transport service company means any company that sells parts for transports and also services them. Such company must be qualified to repair transports. DDD. Vessel means tanks used for transportation of organic compounds. EEE. Visible emissions means any air contaminant, vapor or gas stream which contains or may contain an air contaminant which is passed into the atmosphere and which is perceptible to the human eye. (Ord. No. 17168)

Tulsa Revised Ordinances tit. 17, § 701 Zoning and planning.

Section 701. - Zoning and planning. The Director of Health shall gather and supply to the Tulsa Metropolitan Area Planning Commission facts concerning air pollution in the City and County of Tulsa, pertaining to zoning and planning, as requested by the Planning Commission or deemed pertinent by the Director of Health. Notice of all proposed zoning changes shall be given to the Director of Health by the Tulsa Metropolitan Area Planning Commission at least ten (10) days prior to any public hearing or planning commission meeting in which a change is to be considered. Before making a report, the Director of Health shall study such changes, considering the effects they may have on the community's atmosphere. The Director of Health shall consider factors such as meteorology, topography, the nature of the zoning change, the area in which the change is to be made and any other pertinent facts regarding pollution of the community's atmosphere. A report and recommendation of the Director of Health may be given in writing to the Planning Commission with a copy to the applicant, or at any public hearing in which the application is considered.

Tulsa Revised Ordinances tit. 17, § 702 Building permits.

Section 702. - Building permits. The Building Inspector's Office shall not issue a permit for occupancy, erection, construction, reconstruction, alteration of any commercial, industrial or apartment house structure as defined in the zoning code of the City of Tulsa when the plans and specifications for such structure or occupancy include any fuel-burning or refuse-burning equipment, or any chimney or smoke stack, until such plans and specifications have been submitted to the Director of Health for approval. Use of AGA-approved equipment for heating or cooling shall be deemed to comply with provisions of this section. No building permit shall be issued if the Director of Health finds that emissions from the building or structure will violate the provisions of this code. Failure of the Director of Health to approve or reject such plans or specifications within ten (10) days shall be deemed approval.

Tulsa Revised Ordinances tit. 17, § 703 Nuisance.

Section 703. - Nuisance. No person shall cause or allow the discharge, emission or release into the atmosphere from any source whatsoever of such quantities of air contaminant or other material as may cause injury, endanger health, damage property, or affect public health, well being or safety. Such quantities shall be deemed a public nuisance and subject to penalty as hereinafter provided.

Tulsa Revised Ordinances tit. 17, § 704 Listing of devices and equipment.

Section 704. - Listing of devices and equipment. Upon written request of the Director of Health, all persons constructing or operating any article, machine, device, equipment or other contrivance or facility capable of causing or permitting emission or air contaminants into the atmosphere shall list equipment set out above with the Director of Health. Such list shall include information as to the ownership, location, design, construction, installation, operation, alteration of any article, machine, device, equipment, contrivance or facility and information concerning the general composition and such other pertinent information deemed necessary by the Director of Health.

Tulsa Revised Ordinances tit. 17, § 705 Inspection.

Section 705. - Inspection. The Director of Health, after proper identification, shall not be denied access at reasonable times in or upon any private or public property, except private residences, for the purposes of inspection and investigating any condition which the Director shall have reasonable cause to believe to be an air pollution source.

Tulsa Revised Ordinances tit. 17, § 706 Rules and regulations.

Section 706. - Rules and regulations. The Board may prepare standards, rules and regulations which it deems necessary to protect the public health and safety and to carry out the requirements of the Clean Air Code. Such standards, rules and regulations shall be recommended to the City Council and the County Commission for their adoption.

Tulsa Revised Ordinances tit. 17, § 707 Control of open burning.

Section 707. - Control of open burning. A. Purpose. It is the purpose of this regulation to establish controls in the open burning of combustible material to prevent undesirable levels of air contaminants in the atmosphere. B. Open burning restrictions. No person shall cause, suffer, allow or permit the open burning of refuse, trade waste, salvage waste, agricultural waste or other combustible material except as may be allowed in compliance with Subsection C herein. C. Exceptions to restriction against open burning. 1. Regardless of provisions of Subsection B, in areas of low population density in which no private or municipal refuse service is available, the open burning on residential premises of refuse originating in dwelling units on the same premises shall not be a violation of this code. The Director of Health, after consultation with public agencies and private facilities concerned with refuse collection and disposal, shall select and publish the specific boundaries of areas in which such open burning of refuse will not be in violation of this code. In selecting such areas, he shall issue a density of one (1) dwelling unit per ten (10) acres as an approximate definition of areas of low population density. The Director of Health shall select and publish revised boundaries of such areas at least once every two (2) years to reflect changes in population density and available refuse service. 2. Outdoor burning in connection with the preparation of food shall be permitted. 3. Campfires and fires used solely for recreational purposes or for ceremonial occasions shall be permitted. 4. Fires set for purpose of training public or private fire-fighting personnel shall be permitted with the approval of the Director. 5. Fires set or required by a public officer for the abatement of nuisances and which are necessary in carrying out public health functions shall be permitted with the approval of the Director. 6. The burning of trees, brush and shrubs in a properly designed, operated and maintained open pit incinerator is permitted on the premise from which the trees, brush and shrubs originated if approval prior to burning has been granted by the Director. 7. The open burning of trade wastes may be permitted when it can be shown that such open burning is necessary and in the interest of public health. Any person intending to engage in open burning of trade wastes shall file a request with the Director of Health. The request shall be made on forms provided by the Tulsa City-County Health Department. The Director shall respond to the request within three (3) working days after receipt of request. 8. The open burning of plant life grown on the premises in the course of any agricultural operation may be permitted when it can be shown that such open burning is necessary and in the interest of public health. Any person intending to dispose of plant life by open burning shall file a request to do so with the Director of Health on forms provided by the Director. 9. Any open burning permitted under provisions of paragraphs 1, 6, 7 and 8 shall be begun only during the following time period: from three (3) hours after sunrise until three (3) hours before sunset. Additional fuel may not be intentionally added to the fire except during the time period prescribed herein.

Tulsa Revised Ordinances tit. 17, § 708 Incinerators.

Section 708. - Incinerators. A. Purpose. It is the purpose of this regulation to control the emissions of air contaminants from incinerators in the City of Tulsa. B. General provisions. 1. No person shall burn refuse in any incinerator, except in a multiple chambered incinerator or in equipment determined by the Director to be equally effective for the purpose of air pollution control. These incinerating devices shall make full and proper use of components and appurtenances thereof to ensure the most efficient and complete combustion. 2. No person shall cause, suffer, allow or permit the emission into the open air from any incinerator equipment fly ash or other particulate in quantities greater than the allowable emissions as determined by the use of the formula: "Y" = 0.01221X 0.7577 where "X" is the charge rate (lbs. per hour) and "Y" is the allowable emissions. Solid fuels charged will be considered as part of the refuse waste, but No. 1 and 2 fuel oil and gaseous fuels and combustion air will not be so considered. 3. No person shall cause, suffer, allow or permit the discharge from an incinerator of any air contaminant in quantities detrimental to health or property or adversely affecting the use or enjoyment of property. C. Multiple chambered incinerators. 1. No person shall cause, suffer or allow the operation of a multiple chambered incinerator unless: a. It is provided with an auxiliary burner for the purpose of maintaining a temperature of at least eight hundred degrees (800°) F. in the primary combustion chamber; and b. It is provided with a secondary burner for use when necessary to eliminate smoke. 2. No person shall cause, suffer, allow or permit the discharge into the outdoor atmosphere: a. From any incinerator burning less than two hundred (200) pounds of refuse per hour, particulate matter to exceed three tenths (0.3) grains per standard cubic foot of dry flue gas, adjusted to twelve percent (12%) carbon dioxide and calculated as if no auxiliary fuel had been added; or b. From any incinerator burning two hundred (200) or more pounds of refuse per hour, particulate matter to exceed two tenths (0.2) grains per standard cubic foot of dry flue gas adjusted to twelve percent (12%) carbon dioxide and calculated as if no auxiliary fuel had been used.

Tulsa Revised Ordinances tit. 17, § 709 Control of visible emissions.

Section 709. - Control of visible emissions. A. Purpose. It is the purpose of this regulation to prevent undesirable ambient concentrations of smoke and particulate matter through regulation of visible emissions. B. Control of smoke and visible emissions. 1. General prohibition. No person owning, leasing or controlling the operation of any air contaminant source shall willfully, negligently or through failure to provide necessary equipment or facilities or through failure to take necessary precaution, permit the emission from the contaminant source of such quantities of air contamination as will cause a condition of air pollution. 2. Visible emissions. a. No person shall cause, suffer, allow or permit the discharge of any fumes, aerosol, mist, gas, smoke, vapor, particulate matter or any combination thereof of a shade or density equal to or darker than a number one (1) on the Ringelmann Chart or twenty percent (20%) equivalent opacity. b. Subparagraph 2a shall not apply to: (1) Smoke or visible emissions emitted during the cleaning of a fire, the building of a new fire or short-term occurrence, the shade or density of which is not darker than Number two and one-half (2½) of the Ringlemann Chart or fifty percent (50%) opacity for a period aggregating no more than five (5) minutes in any sixty (60) consecutive minutes or more than twenty (20) minutes in any twenty-four (24) hour period; (2) Smoke resulting from fires covered by the exception outlined in Section 707; or (3) An emission where the presence of uncombined water is the only reason for failure to meet the requirements of Subparagraph 2a. 3. Method of measurement. The Ringelmann Chart and its opacity equivalents shall be used in grading the shade or opacity of visible air contaminant emissions. The Director of Health may specify other means of measurement which give comparable result or results of greater accuracy.

Tulsa Revised Ordinances tit. 17, § 710 Control of particulate emissions from specific activities.

Section 710. - Control of particulate emissions from specific activities. A. It is the purpose of this regulation to prevent undesirable ambient concentrations of particulate matter originating from specific industrial activities in the City of Tulsa. B. General prohibition. No person owning, leasing or controlling the operation of any air contaminant source shall willfully, negligently or through failure to provide necessary equipment or facilities or through failure to take necessary precaution, permit the emission from the air contaminant source of such quantities of air contamination as will cause a condition of air pollution. C. Emission of particulate matter from industrial processes. 1. General provisions. a. This section applies to any operation, process or activity, except: (1) The burning of fuel for indirect heating in which the products of combustion do not come directly into contact with process material; (2) The burning of refuse; and (3) The processing of salvageable refuse by burning. b. The process weight per hour, referred to in this section, shall be based on the normal operation of maximum capacity of the equipment; and if such normal maximum capacity should be increased by process or equipment changes, the new normal maximum capacity shall be used as the process weight in determining the allowable emissions. 2. Emission limitations. No person shall cause, suffer, allow or permit the emission of particulate matter from any source in excess of: a. The amount shown in Table 1 for the process weight allocated to such source; and b. A concentration of thirty hundredths (0.30) grains per standard dry cubic foot of exhaust gases. D. Emission of particulate matter from fuel burning equipment. 1. No person shall cause, suffer, allow or permit particulate matter caused by the combustion of fuel to be discharged from any stack or chimney into the atmosphere, in excess of the hourly rates set forth in the following Table I: TABLE I Heat Input Per Hour British Thermal Units | Maximum Allowable Emissions of Particulate Matter Pounds Per Million BTU less than or equal to 10 | 0.60 100 | 0.35 1,000 | 0.20 10,000 and greater | 0.12 0.10 (CNTY) Heat Input Per Hour Kilocalories | Maximum Allowable Emissions of Particulate Matter Grams Per Million less than or equal to 2.52 | 1.08 2.52 | 0.63 252 | 0.34 2,520 | 0.18 2. For heat input between any two (2) consecutive heat inputs stated in the preceding table, maximum allowable emissions of particulate matter are shown in Table II below. 3. For the purposes hereof, heat input shall be calculated using the aggregate heat content of all fuels (using the upper limits of the range heating value) whose products of combustion pass through the stack or chimney. 4. When two (2) or more fuel burning units are connected to a single stack, the combined heat input of all units connected to the stack shall be used to determine the allowable emission from the stack. 5. When a single fuel burning unit is connected to two (2) or more stacks, the allowable emission from all the stacks combined shall not exceed that allowable for the same unit connected to a single stack. TABLE II Process Weight Rate | Rate of Emission | Process Weight Rate | Rate of Emission Lb/Hr | Tons/Hr | Lb/Hr | Lb/Hr | Tons/Hr | Lb/Hr 100 | 0.05 | 0.551 | 16,000 | 8.00 | 16.5 200 | 0.10 | 0.877 | 18,000 | 9.00 | 17.9 400 | 0.20 | 1.40 | 20,000 | 10.00 | 19.2 600 | 0.30 | 1.83 | 30,000 | 15.00 | 25.2 800 | 0.40 | 2.22 | 40,000 | 20.00 | 30.2 1,000 | 0.50 | 2.58 | 50,000 | 25.00 | 35.4 1,500 | 0.75 | 3.38 | 60,000 | 30.00 | 40.0 2,000 | 1.00 | 4.10 | 70,000 | 35.00 | 41.3 2,500 | 1.25 | 4.76 | 80,000 | 40.00 | 42.5 3,000 | 1.50 | 5.38 | 90,000 | 45.00 | 43.6 3,500 | 1.75 | 5.96 | 100,000 | 50.00 | 44.6 4,000 | 2.00 | 6.52 | 120,000 | 60.00 | 46.3 5,000 | 2.50 | 7.58 | 140,000 | 70.00 | 47.8 6,000 | 3.00 | 8.56 | 160,000 | 80.00 | 49.0 7,000 | 3.50 | 9.49 | 200,000 | 100.00 | 51.2 8,000 | 4.00 | 10.4 | 1,000,000 | 500.00 | 69.0 9,000 | 4.50 | 11.2 | 2,000,000 | 1,000.00 | 77.6 10,000 | 5.00 | 12.0 | 6,000,000 | 3,000.00 | 92.7 Interpolation of the data in this table for process weight rates up to 60,000 lb/hr shall be accomplished by use of the equation: E = 4.10 (p 0.67 ) and interpolation and extrapolation of the data for process weight rates in excess of 60,000 lb/hr shall be accomplished by use of the equation: E = [55.0 (p 0.11 )] -40 where E = rate of emission in lb/hr and P = process weight rate in tons/hr.

Tulsa Revised Ordinances tit. 17, § 711 Malfunction of equipment and emergency conditions.

Section 711. - Malfunction of equipment and emergency conditions. A. Purpose. It is the purpose of this regulation to control air pollution during irregularities and malfunction of equipment and during emergency conditions. B. Scheduled maintenance. In the case of a shutdown of air pollution control equipment for necessary scheduled maintenance, the person responsible for this equipment shall report the intent to shut down such equipment to the Director at least twenty-four (24) hours prior to the planned shutdown. Such prior notice shall include, but is not limited to, the following: 1. Identification of the specific facility to be taken out of service as well as its location and permit number; 2. The expected length of time that the air pollution control equipment will be out of service; 3. The nature and quantity of emissions of air contaminants likely to occur during the shutdown period; 4. Measures, such as the use of off-shift labor and equipment, that will be taken to minimize the length of the shutdown period; 5. The reasons that it would be impossible or impractical to shutdown the source operation during the maintenance period; and 6. If the estimated or actual duration is greater than seventy-two (72) hours, application shall be made for a variance. C. Equipment malfunction. In the event that any emission source, air pollution control equipment or related facility malfunctions in such a manner as to cause the emission of air contaminants in violation of this code, the person responsible for such equipment shall immediately notify the Director of such failure or breakdown and provide a statement giving all pertinent facts, including the estimated duration of the breakdown. The Director shall be notified when the condition causing the failure or breakdown has been corrected and the equipment is again in operation. If the estimated or actual duration is greater than seventy-two (72) hours, application shall be made for a variance. D. Emergency provisions. In the event that an air pollution emergency exists, the person in charge of the facility shall notify the Director immediately. Notwithstanding any other provisions of this code, upon receipt of evidence that a source of pollution or a combination of sources of pollution present an air pollution emergency, the Director shall take such action as may be necessary to abate the alleged pollution.

Tulsa Revised Ordinances tit. 17, § 712 Permit to construct and operate required.

Section 712. - Permit to construct and operate required. A. Scope and purpose. This regulation is adopted to define Air Resource Management Requirements, to protect and enhance Air Resources of the City of Tulsa and to assure attainment and maintenance of the ambient air quality through the use of a construction and operation permit system. B. General requirements for permits to construct. No person shall cause or permit the construction of a new source or the modification, reconstruction or relocation of a source, without first obtaining a permit to construct from the Director, approving the location and the design of such source and assuring compliance with applicable rules, regulations and ambient air quality standards. Any person who violates the requirements of this section shall be deemed to be creating a public nuisance. C. Application for permits to construct. 1. A separate application is required for each source described in Subsection B which has the potential of emitting pollutants to the atmosphere. 2. Each application shall be signed by the applicant. The signature of the applicant shall constitute an agreement that the applicant assumes responsibility for the construction, modification, reconstruction, relocation and use of the proposed source in accordance with this code. D. Information required for permits to construct. Each application for a permit to construct shall be accompanied by two (2) complete copies of plans and specifications showing how the proposed source is designed and will be operated and how air pollutants will be controlled. E. Standards for granting permits to construct. 1. No permit to construct shall be granted unless the applicant demonstrates that: a. The source is designed and will be constructed to operate without causing a violation of federal, state and local air pollution laws; b. The source is designed, built and equipped in accordance with the best available control technology (BACT); c. The source will not endanger maintenance nor attainment of any applicable ambient air quality standard; and d. The source will provide reasonable, practical and available control measures for those air contaminants not controlled by the above regulations if the Director determines such controls are necessary and in the interest of public health, welfare and property. 2. The Director may establish special conditions if it appears likely from all of the information submitted that, as a result of the conditions, the source will satisfy the requirements of this subsection. F. Action on applications for permits to construct. 1. The application shall be acted upon within thirty (30) days of receipt of a complete application for a permit to construct. The Director shall notify the applicant in writing of his approval, conditional approval or denial of the application. 2. If any application is denied, the Director shall set forth his objections in the notice of denial. If the objection cannot be resolved by conference and conciliation, the applicant may appeal pursuant to the provisions of this chapter. G. Cancellation of a permit to construct. 1. The Director shall cancel a permit to construct if the construction has not begun within eighteen (18) months from the date of issuance, or if the work involved in the construction is suspended for eighteen (18) months or more. 2. An applicant may secure an extension of the expiration date by written request to the Director stating the reasons for the extension. Extensions may be granted for a period of not more than eighteen (18) additional months. H. General requirements for permits to operate. No person shall cause, suffer or allow the operation of a source constructed after October 1, 1972, without a state or City permit to operate. 1. Within sixty (60) days of startup of a new, modified or reconstructed source, an application for a permit to operate must be filed with the Director. 2. No owner or operator shall cause or permit the operation of a new, modified or reconstructed source if the Director denies or revokes a permit to operate. 3. Sources existing on the effective date of this ordinance shall have sixty (60) days in which to secure a permit to operate. I. Applications for permits to operate. Applications for a permit to operate shall include two (2) signed application forms. Plans and specifications need not be submitted unless changes have been made since issuance of permit to construct. J. Asbestos permits required. A permit shall be required prior to commencing any asbestos renovation or demolition project at any facility. For the purposes of this subsection, the terms "project" and "facility" shall be defined as follows: "project" shall mean any renovation or demolition operation at any one (1) facility submitted under separate notification; "facility" shall mean any institutional, commercial or industrial structure, installation or building (excluding apartment buildings having no more than four (4) dwelling units). K. Standards for granting permits to operate. No permit to operate a source shall be granted unless the applicant shows that the source has satisfied the requirements of the applicable rules, regulations, and has been constructed, modified or reconstructed in accordance with the requirements and conditions contained in the permit to construct. L. Performance testing for permits to operate. Before a permit to operate a source is granted, the applicant may be required to conduct performance tests in accordance with Section 717 herein. The test will be made at the expense of the applicant. The Director shall monitor performance tests conducted by the applicant and may also conduct performance tests. M. Action on applications for permits to operate. 1. The Director shall act within a seventy-five (75) day period on an application for a permit to operate and shall notify the applicant in writing of his approval, conditional approval or denial of the application. The seventy-five (75) day period shall begin when all test data, plans and specifications are received. The source may operate during this review period. 2. If any application is denied, the Director shall set forth his objections in the notice of denial. If the objection cannot be resolved by conference and conciliation, the applicant may appeal pursuant to Section 718. N. Conditional permits to operate. The holder of a permit to operate shall comply with the conditions contained in his permit as well as with all applicable delegated federal, state and local laws. O. Suspension or revocation of permits to operate. 1. A permit may be revoked or suspended for willful or continued violation of code or permit conditions. 2. Suspension or revocation of a permit to operate shall become final thirty (30) days after service of notice on the holder of the certificate unless the violation is corrected or appealed to the review board pursuant to Section 718. 3. A permit to operate which has been revoked pursuant to these provisions shall be surrendered forthwith. P. Transfer of permit. A permit to operate shall not be transferred to another person or location. If a transfer of ownership or location occurs, a new permit to operate is necessary, but the cost of the new permit shall be one-half (½) the amount provided in Subsection Q. Transfer of stock does not constitute change of ownership unless such transfer results in a change of the controlling fifty percent (50%) interest. Q. Permit fees required. 1. Definitions. For the purpose of this subsection, the following words and phrases shall have the meanings given herein. a. Major source means any new or modified stationary source which directly emits or has the capability at maximum design capacity, and if appropriately permitted, authority to emit one hundred (100) tons per year or more of a given pollutant. b. Minor source means any source for which a permit is required but is not a major source. c. Permit renewal means the process whereby operating permits are extended for another one-year term. In no case shall the term "permit renewal" be construed to allow the imposition of additional permit requirements not otherwise required or authorized by law or ordinance. d. Relocate means to move a source from one (1) geographical location to another. The term shall not include de minimis moves within the proximity of the original site, or contiguous areas when such moves are readily observable by inspectors. e. Annual permit renewal fee equivalent means the annual fee assessed on facilities which, because of the date of startup or construction, are exempt from the requirements to have a permit. 2. Construction and operating permit fees - new sources. All new permits, the construction permit application for which is received after the effective date of this section, will be assessed a fee which must accompany the application, in accordance with the following schedule. a. Major source. (1) Construction permit .....$2,000.00 (2) Operating permit .....$1,500.00 b. Minor source (actually emitting twenty-five (25) tons, but less than one hundred (100) tons per year of any one (1) pollutant and minor NSPS sources) ..... (1) Construction permit .....$1,000.00 (2) Operating permit .....$250.00 c. Minor source (emitting more than one (1) pound per hour, but less than twenty-five (25) tons per year of any one (1) pollutant) ..... (1) Construction permit .....$200.00 (2) Operating permit .....$100.00 (3) Asbestos renovation/demolition permit .....$50.00 3. Review to determine applicability - new sources. Upon submittal of a written request, a One Hundred Dollar ($100.00) determination fee and any relevant information needed to make a permit determination, the Tulsa City-County Health Department will make a determination of whether or not a permit is required. If a determination is made that a permit is required, the One Hundred Dollar ($100.00) fee will be credited against the construction and operation permit fees. If it is determined that a permit is not required, the One Hundred Dollar ($100.00) fee will be retained by the Tulsa City-County Health Department to cover the cost of making the determination. 4. Permit renewal and renewal equivalents. a. Applicability. (1) The Tulsa City-County Health Department shall annually assess and collect a permit renewal fee or permit renewal fee equivalent from all facilities in the County according to their classification as set forth in Table III below. Assessments for existing facilities grandfathered from permit requirements (i.e., permit renewal fee equivalents) shall be made in the same manner and on the same basis as a new facility of the same type (permit renewal fees). (2) New facilities shall not be subject to a permit renewal fee until a minimum of one (1) year shall have elapsed from the operating permit application due date. b. Facility classification. (1) Any new facility for which an appropriate classification does not exist shall be assigned a classification and class number in Table III as a permit condition. (2) Any existing facility for which an appropriate classification does not exist shall be assigned a facility classification and class number in the same manner as (b)(1) above except that: (a) Such assignment shall be made in writing, setting forth the reasons why the facility has been assigned to any particular category; and (b) Any person aggrieved by such assignment shall be entitled to a hearing on the reasonableness of the assignment. c. De Minimis. (1) A permit renewal fee or renewal fee equivalent shall not be required, regardless of the requirement to have a permit, provided that total emissions from the facility do not exceed ten (10) tons per year for any one (1) criteria pollutant. (2) Exceptions to the ten (10) ton de minimis facilities are the service station industry and the dry cleaning industry. d. Assessments. (1) Fees established under this section shall be assessed and paid on the basis of facility classification as identified in Table III. The annual fee collected for a facility in any class shall be determined by multiplying the class number for the facility, as determined by Table III, by Fifty Dollars ($50.00). In no case shall more than one (1) fee per source be assessed, unless such source shall constitute two (2) or more facilities as defined herein. (2) On or before the first working day of each year, the Tulsa City-County Health Department will mail fee assessments to all facilities subject to this regulation. Such assessments shall be made pursuant to data contained in the emissions inventory and shall set forth: (a) The facility classification; (b) The class number assigned to the facility; and (c) The amount of the fee that is to be remitted to the Tulsa City-County Health Department. (3) Service stations and dry cleaners shall be assessed on an annual renewal fee of Twenty-Five Dollars ($25.00). (4) For the calendar year 1989, fee assessments will be mailed on or about the effective date of this regulation and shall be due in the Offices of the Tulsa City-County Health Department, Air Quality Control, thirty (30) days from the date of receipt of the assessment. e. Exemption. Fees set out herein shall not apply to oil and gas wells and their associated facilities or oil and gas pipelines and their associated facilities involved in the production (prior to custody transfer) of oil and gas. This exemption does not apply to storage facilities with greater than ten thousand (10,000) BBL. total capacity, compressor facilities on transmission lines and gas processing facilities. f. Fees. Fees will be paid by check or money order made payable to the reviewing agency, Tulsa City-County Health Department. No cash will be accepted. Fees shall be due in the Offices of the Tulsa City-County Health Department thirty (30) days from the date of postmark. A ten (10) calendar day grace period will be given before any enforcement action will be taken. Upon the expiration of the ten-day grace period, notices of violation (NOV) may be issued. Further action will be in accordance with Sections 718 and 720 of this chapter. g. No pre-emption. The fee provisions set forth herein shall apply to those permits, renewals and renewal fee equivalents processed by the Tulsa City-County Health Department and are not intended to preempt any state fee program. R. Exemptions. Permits to construct or operate shall not be required for: 1. The installation or alteration of an air contaminant detector, air contaminant recorder, combustion controller or combustion shut-off device; 2. An air conditioning or ventilating system not designed to remove air contaminants generated by or released from process equipment; 3. Fuel-burning equipment which uses natural gas as a fuel for space heating, air conditioning or heated water, or which is used in a private dwelling or which has a BTU input of less than five hundred thousand (500,000) BTU per hour; 4. Stationary internal combustion engines smaller than two hundred forty (240) cubic inches per cylinder; 5. Laboratory equipment used exclusively for chemical or physical analyses; and 6. Changes which do not increase or change the characteristics of the emissions. S. Opportunity for public review and comment. 1. The permit application and Tulsa City-County Health Department review for sources with potential emissions greater than one hundred (100) tons per year or one thousand (1,000) pounds per day of any air contaminant must be available for review in a suitable public building in the geographical area affected by the proposed source, project or facility. The letter of intent of the Director to approve or disapprove the application shall accompany the review package. 2. The Director will advertise in a prominent local newspaper the availability and location of all items described above. The format of the announcement will be adequate to ensure that the public is aware that an air pollution source is to be constructed. The notice shall be published once per week for a five (5) week period. The cost of publication will be borne by the applicant. 3. The Director may cause a public hearing to be held if interested persons show all pertinent air pollution data were not considered or if an error can be shown in the application or agency review. Requests for public hearing must be made within seven (7) days of final publication. TABLE III Industrial Classification Table for Annual Permit Renewal and Equivalent Fees Class Number | Facility Type 10 | Electric Power Generation: Coal Industrial Steam Generation: Coal Petroleum Refinery Portland Cement Plants Sulfuric Acid Manufacturing Nitric Acid Manufacturing Fertilizer Manufacturing Municipal Incinerators Paper Products Carbon Black Secondary Steel Production New Source Performance Standard (NSPS) Sources Explosives 9 | Gasoline Terminals Natural Gas Processing and Transportation: >=10,000 hp/facility Grain Elevators: >=10 million bushels storage capacity Industrial Chemical Manufacturing Commercial Pathological Incinerators Electric Power Generation: Gas Turbines Felt Asphalt Coating and Other Roofing Manufacturing Gypsum Process and Wallboard Manufacturing Automotive Assembly Plants Asphalt Pipe Coating 8 | Non-Metallic Quarrying and Processing: >=150 tons/hour rated capacity Tile and Floor Products Manufacturing: other than ceramic Electronics and Related Products Manufacturing Commercial Printers Glass Manufacturing Brick Manufacturing Ceramic Tile Manufacturing Magnetic Tape Manufacturing Gasohol Plants Secondary Aluminum Processing Gray Iron Foundries Coal Crushing Plants Wood Related Products Tire Manufacturing 7 | Asphalt Concrete Plants: >=200 tons/hour rated capacity Natural Gas Processing and Transportation: 1,000 - 10,000 hp/facility Fiberglass Processing Paint and Related Products Alfalfa Drying Roofing Granules Cement Bulk Terminals Flour and Grain Mills Research and Development Labs Plastics Processing Petroleum Storage Facilities Hospital Incinerators 6 | Grain Elevators: 2.5 - 10 million bushels storage capacity Electric Power Generation: other than coal Industrial Steam Generation: >=10 MMBTU/hr rated capacity, other than coal Lubricant, Blending and Waste Oil Refining Vermiculite and Perlite Production Meat Packing Plants Drilling Mud Manufacturing Aircraft and Auxiliary Equipment Prepared Foods Canned Pet Food Canneries 5 | Natural Gas Processing and Transportation: 450 - 1,000 hp/facility Non-metallic Quarrying and Processing: <150 tons/hour rated capacity Paper Box Manufacturing Metal Dross Processing Non-Metallic General Manufacturing Salt and Brine Extraction Tire Retreaders 4 | Asphalt Concrete Plants: <200 tons/hour rated capacity Ready-Mix Concrete Plants: >=100 cubic yards/hour capacity Millwork and Wood Furniture Manufacturing Charcoal Manufacturing Non-Ferrous Foundry Forging and Metal Stamping Valves and Pipe Fitting Feed and Feed Ingredients Micro-Nutrient Manufacturing Fertilizer Terminals Metallic General Manufacturing Metal Plating Barrel and Drum Reconditioning Steel Foundry Rendering Plants 3 | Fabricated Structural Metal Products Farm Machinery and Equipment Manufacturing General Industrial Machinery and Equipment Manufacturing Motor Vehicle Parts and Accessories Fabricated Rubber Products Metal Furniture and Appliance Manufacturing Sand Plants Signs 2 | Ready-Mix Concrete Plants: <100 cubic yards/hour capacity Grain Elevators: 875,000 - 2.5 million bushels storage capacity Coal Loadout Concrete Block Plants Sawmill and Planing Mills Metal Shredders Insulation Manufacturing 1 | Wire Recovery Incinerator and Burnout Ovens Cotton Gins (Ord. No. 17168)

Tulsa Revised Ordinances tit. 17, § 713 Control of fugitive dust.

Section 713. - Control of fugitive dust. A. Purpose. It is the purpose of this regulation to control air pollution which results from fugitive dust in the City of Tulsa. B. Fugitive dust. No person shall cause or permit the handling, transporting or disposition of any substance or material which is likely to be scattered by the air or wind, or is susceptible to being airborne or windborne or to operate or maintain or cause to be operated or maintained any premise, open area, right-of-way, storage pile of materials, vehicle or construction, alteration, demolition or wrecking operation or any other enterprise, which involves any material or substance likely to be scattered by the wind or air, or susceptible to being windborne or airborne that would be classified as air pollution without taking reasonable precautions or measures to minimize atmospheric pollution. C. Precautions. The Director may require such reasonable precautions and shall include, where applicable, but shall not be limited to the following: 1. Use, where possible, of water or chemicals for control of dust in the demolition of existing buildings or structures, construction operations, the grading of roads, driveways and parking lots or the clearing of land; 2. Application and maintenance of asphalt, road oil, water or suitable chemicals on dirt roads, driveways and parking lots, materials stockpiles and other surfaces which can be the source of airborne dust; 3. Installation and use of hoods, fans and dust collectors to enclose and vent the handling of dusty materials or the use of water sprays or other acceptable measures to suppress the dust emission during handling; adequate containment methods shall be employed during sandblasting or other similar operations; 4. Covering, at all times, when in motion, open-bodied trucks transporting materials likely to become airborne; 5. The prompt removal of earth or other material from paved roads, driveways and parking lots on which earth or other material has been deposited by trucking, earth moving equipment or erosion by water; and 6. The planting and maintenance of vegetative ground cover. D. Damage to adjacent properties. No person shall cause or permit the discharge of any visible fugitive dust emissions beyond the property line on which the emissions originate in such a manner as to damage or to interfere with the use of adjacent properties or the maintenance, or attainment of ambient air quality standards.

Tulsa Revised Ordinances tit. 17, § 714 Control of emissions of organic material.

Section 714. - Control of emissions of organic material. A. Purpose. It is the purpose of this regulation to control the emissions of organic vapors during the storage, transport or dispensing of organic materials. B. Storage of volatile organic compounds - four hundred (400)—forty thousand (40,000) gallons (nine and one-half (9.5)—nine hundred fifty-three (953) bbls). 1. No person shall store or permit the storage of gasoline or other volatile organic compounds in any stationary storage container with a nominal capacity greater than four hundred (400) gallons (nine and one-half (9.5) bbls) and less than forty thousand (40,000) gallons (nine hundred fifty-two and four-tenths (952.4) bbls) unless such container is equipped with a submerged fill pipe or is bottom filled. No person shall store or permit the storage of gasoline or other volatile organic compounds in any stationary storage container with a nominal capacity greater than two thousand (2,000) gallons (forty-seven and one-half (47.5) bbls) and less than forty thousand (40,000) gallons (nine hundred fifty-two and four-tenths (952.4) bbls) unless such container is equipped with a vapor control system that has an efficiency of no less than ninety (90) percent by weight of the volatile organic compounds contained in the displaced vapors and is equipped with a pressure relief valve in the atmospheric vent system which maintains a pressure of sixteen (16) ounces per square inch and one-half (½) ounce per square inch vacuum. 2. The vapor recovery system shall include the following: a. A vapor-light return line from the storage container to the delivery vessel and a system that will ensure that the vapor return line is connected before gasoline or volatile organic compounds can be transferred into the container (i.e., poppeted connectors from the storage container to the delivery vessel); b. A float vent valve assembly must be installed in the vapor return/vent line on new and existing dual point installations; however, for coaxial installations on existing stations, a vent sleeve extending six (6) inches below the top of the tank will be allowed; sleeves may be equipped with a one-sixteenth ( 1/16 )-inch air bleed hole; c. The cross sectional area of the vapor recovery line must be at least half of the cross sectional area of the liquid delivery line; and d. Other equipment that has a total collection efficiency no less than ninety percent (90%) by weight of the total hydrocarbon compounds in the displaced vapor, provided that approval of the proposed design, installation and operation is obtained from the Director prior to start of construction. 3. Exemptions to this regulation may be granted, provided that the owner or operator shows to the satisfaction of the Director that the container is used exclusively for agricultural purposes or that the facility, based on the most current twelve (12) months' data, dispenses one hundred twenty thousand (120,000) gallons per year or less. 4. Compliance with this subsection must be accomplished by the affected owner or operator by October 1, 1987. C. Emission of gasoline vapors from gasoline transport vessels. 1. The vapor-laden vessels shall meet the following requirements: a. The transport vessel must be maintained so as to be vapor tight except during sampling, gauging or inspection; these activities shall not be done while loading or unloading; and b. The transport vessel must be equipped, operated and maintained to receive vapors from the gasoline service stations and retain these vapors until they are delivered to an authorized vapor recovery or disposal system. 2. Compliance with this subsection must be accomplished by the affected owner or operator by October 1, 1987. D. Compliance for vapor tightness. 1. Each gasoline transport vessels delivering or receiving gasoline in the City of Tulsa and Tulsa County must be tested one (1) time per year for vapor tightness. The test must be consistent with Appendix "A," EPA Guidelines Series Document, "Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection Systems," EPA 450/2-78-051, or an equivalent method as determined by the Director. a. Tests shall be performed by the owner or a reputable transport service company. Service companies methods and procedures must be certified by Tulsa City-County Health Department. b. A tag showing the date of pressure test and date of certification must be posted on the rear panel of tank. These tags will be supplied by the Tulsa City-County Health Department. c. Terminal owners or operators shall not knowingly allow the gasoline transport to be filled at the terminal if the certification tag is out of date or missing. 2. To ensure the integrity of the program outlined in C.1, the Tulsa City-County Health Department will conduct periodic vapor leak testing. This testing must be consistent with Appendix "B," EPA Guidelines Series Document, "Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection Systems," EPA 450/2-78-051. a. Vessels with defective equipment such as boots, seals, hoses and leaky pressure or vacuum relief valves must be repaired within five (5) days. b. Vessels which fail the vapor test by having leaks that exceed five thousand (5,000) ppm must be repaired within ten (10) days. c. Repairs must be made by the owner or a supplier certified by Tulsa City-County Health Department. d. Letters from the vessel owner certifying compliance, with proof of repair attached, must be sent to the Tulsa City-County Health Department within five (5) days. e. Failure to comply with any provision of this subsection will subject the vessel to sanctions which may include removal from service. 3. Compliance with this subsection must be accomplished by the affected owner or operator by October 1, 1987. E. Loading. All loading of the above organic material storage tanks shall be conducted by tight fill. F. Exemptions: 1. Methane (CH 4 ). 2. Any organic material with a vapor pressure less than one and one-half (1.5) psia under actual storage temperatures and pressures. 3. Crude oil defined as follows: produced, non-refined hydrocarbon which has a gravity equal to or less than fifty (50) API gravity at sixty degrees (60°) Fahrenheit, as measured in the stock tank and when flashed to the atmospheric stock tank from the final release separator and/or treating facility, loses no more than one and one-half (1.5) percent of the stock tank volume or twenty-five (25) standard cubic feet per barrel of stock tank oil. 4. The storage and/or loading of organic materials used for agricultural purposes on farms or ranches. (Ord. No. 16838)

Tulsa Revised Ordinances tit. 17, § 715 Control of air pollution from sulfur compounds.

Section 715. - Control of air pollution from sulfur compounds. A. Purpose. It is the purpose of this regulation to control emission of sulfur compounds from stationary sources in the City of Tulsa and thereby to promote and protect the health and welfare of its residents. B. Limitation of ambient conditions. No person shall cause, suffer, allow or permit the emission of sulfur compounds from any premise in such a manner and amounts that the concentrations attributable to such emissions exceed the following at any place beyond the boundary of the property on which the source is located: SO 2 1350 ug/m 3 - Three-minute average 1200 ug/m 3 - One-hour average 650 ug/m 3 - Three-hour average 130 ug/m 3 (.05 ppm) Twenty-four-hour average H 2 SO 4 and/or SO 3 calculated as H 2 SO 4 10 ug/m 3 (2.45 x 10 -3 ppm) H 2 S 70 ug/m 3 (.05 ppm) Determination of violations may be made either by ambient air monitoring at the property line on which the source is located or by atmospheric diffusion modeling. Testing procedures, diffusion models and equipment to determine whether or not emissions standards required by this subsection are met shall be approved by the Director. C. Emission limitation from point sources. No person shall cause, suffer, allow or permit the discharge into the atmosphere of sulfur compounds from any stack, vent or other such exhaust system, in excess of the following: 1. Existing installation: SO 2 5.32 g/m 3 (2,000 ppm) H 2 SO 4 and/or SO 3 in any combination calculated as H 2 SO 4 70 mg/m 3 (17 ppm) H 2 S 140 mg/m 3 (100 ppm) 2. New installations: SO 2 1.3 g/m 3 (500 ppm) H 2 SO 4 and/or SO 3 in any combination calculated as H 2 SO 4 50 mg/m 3 (12.3 ppm) H 2 S 140 mg/m 3 (100 ppm) Where: g = grams mg = milligrams ug = micrograms ppm = parts per million Testing procedures and equipment to determine whether or not emissions standards required by this subsection are met shall be approved by the Director. D. Specific new source process weights limitations. No person shall cause, suffer, allow or permit the emission of sulfur compounds into the atmosphere from the following specific new sources in excess of the amounts shown below. 1. Sulfuric acid plants. a. SO 2 - Two (2) kgm per metric ton (four (4) pounds per ton) of H 2 SO 4 produced, the total production being expressed as one hundred percent (100%) H 2 SO 4 . b. H 2 SO 4 - .075 kgm per metric ton (0.15 pounds per ton) of acid produced, the production being expressed as one hundred percent (100%) H 2 SO 4 . c. Visible emission of ¼ Ringelmann (five percent (5%) opacity). 2. Fuel burning equipment. a. SO x measured as SO 2 - .36 gm/106 calories (0.2 pounds/10 6 BTU), heat input derived from gaseous fossil fuel. b. SO x measured as SO 2 - 1.4 gm/10 6 calories (0.8 pounds/10 6 BTU), heat input derived from liquid fossil fuel. c. SO x measured as SO 2 - 2.2 gm/10 6 calories (1.2 pounds/10 6 BTU), heat input derived from solid fossil fuel. d. Where different states of fuels are burned simultaneously, the following formula will apply: [x(.36) + y(1.4) + z(2.2)] / (x + y + z)=Total Heat Input Where "x" is the percent of total heat input derived from gaseous fuels, "y" is the percent of total heat input derived from liquid fuels; "z" is the percent of total heat input derived from solid fuels. 3. Nonferrous smelters. The emission of sulfur oxides, calculated as sulfur dioxide, from new nonferrous smelters is restricted according to the following equations as a maximum two-hour average: a. Copper Smelters: Y = 0.2X b. Zinc Smelters: Y = 0.564X 0.85 c. Lead Smelters: Y = 0.98X 0.77 Where X - Total sulfur fed to smelter (one (1) lb/hr) Where Y - Sulfur dioxide emissions (one (1) lb/hr) 4. Paper pulp mill. The emission of sulfur oxides, calculated as sulfur dioxide, from the blow pits, washer vents, storage tanks, digester, relief and recovery furnace of any new paper pulp mill shall not exceed eighteen (18) pounds per air dried ton of pulp produced, maximum two-hour average. E. Hydrogen sulfide emission limit from new petroleum or natural gas processing equipment. No person shall cause, suffer or allow the discharge into the atmosphere of hydrogen sulfide from any new petroleum or natural gas processing equipment without removal of the hydrogen sulfide from the exhaust gas or oxidizing it to sulfur dioxide in a system which ensures at all times complete combustion of the hydrogen sulfide with the exhaust gas then being emitted from a stack at least fifty (50) feet in height. Efficiency of these removal or oxidation systems shall not allow emission of more than three tenths (0.3) pounds per hour of hydrogen sulfide as a two-hour maximum, with a maximum efficiency required of ninety-five percent (95%) and a minimum efficiency required of ninety percent (90%) of the hydrogen sulfide in the exhaust gas. F. Applicability. In any situation in which more than one (1) requirement of this regulation is applicable, the more restrictive provision shall govern. (Ord. No. 13740)

Tulsa Revised Ordinances tit. 17, § 716 Continuous monitoring of emissions, recording and reporting.

Section 716. - Continuous monitoring of emissions, recording and reporting. A. Purpose. It is the purpose of this regulation to provide for continuous monitoring of sources of air pollution, thereby maintaining a continuous record of pollutant emission. B. General provisions. The Director may require the owner or operator of any air contaminant source to: 1. Install, use and maintain continuous monitoring equipment, in situ, the design, method and calibration of which the Director shall approve; 2. Sample and report emissions in accordance with methods which the Director shall prescribe; 3. Establish and maintain records of monitoring and data which shall be prepared and calculated daily, in units approved by the Director; and 4. Make records and data available to the Director at any reasonable time.

Tulsa Revised Ordinances tit. 17, § 717 Sampling, testing and reporting.

Section 717. - Sampling, testing and reporting. A. The Director may conduct tests of emissions of air contaminants of any source. Upon request of the Department, the person responsible for the source to be tested shall provide necessary ports in stocks or ducts to provide compliance with procedures approved by the Director and such other safe and proper sampling and testing facilities including, but not limited to, scaffolding and access, but exclusive of instruments and sampling devices as may be necessary for proper determination of the emission of air contaminants. B. The Director may require the owner or operator responsible for emissions of air contaminants to conduct tests of such emissions. Such tests shall be conducted, performed and reported in accordance with methods as the Director shall prescribe. 1. A pre-test plan shall be submitted to the Director of Health twenty (20) working days prior to the proposed test date. Written approval or disapproval of a pre-test plan shall be completed within not more than ten (10) working days after receipt of the plan. 2. The Director will furnish self-duplicating data sheets to the person responsible for performing each test. These data sheets must be completed during the sample and the duplicate copy given to the Director's on-site representative immediately upon completion of each test run.

Tulsa Revised Ordinances tit. 17, § 718 Right of review and exceptions.

Section 718. - Right of review and exceptions. There is hereby created an Environmental Review Board ("Review Board") composed of five (5) members. One member shall be selected by the Environmental Advisory Council from its membership. Four (4) members shall be appointed by the Board. The Review Board shall select annually a Chairman from among its members. Meetings shall be called by the Chairman. Three (3) members shall constitute a quorum. A. When, in the opinion of the Director, a violation of this Clean Air Code ("the Code") exists, he may by conference, conciliation and persuasion, endeavor to the fullest extent possible to eliminate such violation. In case of the failure by conference, conciliation and persuasion to correct or remedy any claimed violation, the Director may cause to have issued and served personally or by certified mail a written order upon the person complained against. The order shall specify the provisions of the Code alleged to constitute a violation thereof and shall order that the necessary corrective action be taken within a reasonable time to be prescribed in such order. Any such order shall become final and enforceable, unless the person or persons named therein request in writing a hearing before the Review Board no later than fifteen (15) days after the date such order is served. The notice of hearing shall be delivered in person or by certified mail to the alleged violator or violators not less than ten (10) days before the time set for hearing. Provided, however, that the aforementioned right of review shall not preclude the issuing of code citations or the filing of criminal charges. B. The respondent to the order may file a written answer thereto and may appear at such hearing in person or by representative, with or without counsel, and may make oral argument, offer testimony or cross examine witnesses in support of the complaint, or take any combination of such actions. In all proceedings before the Review Board, with respect to any alleged violation of the Code, the burden of proof shall be upon the Director. C. The Review Board shall make such final determination as it shall deem appropriate under the circumstances and it shall request the Director of Health to issue a final order in accordance with its findings. The Director shall notify the respondent thereof in writing by certified mail. D. The Review Board may appoint such hearing officers, review panels or technical advisers as it deems necessary to assist it in the hearings herein authorized; provided, however, that if a hearing officer or review panel is appointed to take testimony and evidence, a written transcript of the record shall be made and the hearing officer or review panel shall make written findings of fact, conclusions of law and recommended action to the Review Board. The review panel shall be confined to the factual record made at the hearing. The Review Board shall reverse or remand the order of the Director only if it finds that the order is not supported by reliable probative and substantial evidence in the whole record or that the order is legally incorrect. The final determination of the Board shall be in writing and shall contain findings of fact and conclusions of law. E. Either party may appeal an adverse ruling by the Review Board to the City Council of the City of Tulsa by filing a written notice of appeal with the City Clerk within forty-eight (48) hours. Such appeal shall be heard by the City Council at the next available meeting following the filing of such appeal. Any appeal heard by the City Council shall be confined to the factual record made at the hearing of the Review Board or hearing officer.

Tulsa Revised Ordinances tit. 17, § 719 Variances.

Section 719. - Variances. Any person seeking a variance from the Clean Air Code shall do so by filing a petition for variance with the Director of Health. The Director shall promptly investigate such petition and make a recommendation to the Review Board as to the disposition thereof. Upon receiving the recommendation of the Director, the Review Board shall set a date for public hearing thereon and shall prescribe the length and type of notice to be given by the petitioner. Such hearing shall be held as provided above, except the burden of proof shall be on the petitioner. The Review Board may grant individual variances beyond the limitations prescribed in this code.

Tulsa Revised Ordinances tit. 17, § 720 Penalties.

Section 720. - Penalties. Any person who violates any provision of the Clean Air Code or any final order issued by the Director of Health pursuant to the provisions of this code and fails to permanently cease such violation of such order within ten (10) days after receipt of notice from the Department of Health specifying such violation shall be deemed to be guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in the City jail for not more than ninety (90) days and/or by a fine of not more than Three Hundred Dollars ($300.00), excluding costs. Each day of violation shall be considered a separate offense. (Ord. No. 13740)

Tulsa Revised Ordinances tit. 17, § 721 Limitations.

Section 721. - Limitations. Nothing in this code shall be construed to: A. Abridge, limit, impair, create, enlarge or otherwise affect substantially or procedurally the right of any person to damages or other relief on account of injury to persons or property and to maintain any action or other appropriate proceeding therefor; B. Grant to the Board any jurisdiction or authority with respect to air contamination existing solely within commercial and industrial plants, works or shops; C. Affect the relations between employers and employees with respect to or arising out of any condition or air contamination or air pollution; or D. Supersede or limit the applicability of any law or ordinance relating to sanitation, industrial health or safety.

Source: City of Tulsa, Revised Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ok/tulsa/codes/code_of_ordinances?nodeId=COOR_TIT17HERE_CH7CLAICOFetched: 10/28/2026