SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT

RULE 1158 - STORAGE, HANDLING, AND TRANSPORT OF COKE, COAL AND SULFUR
(Adopted December 2, 1983)(Amended June 11, 1999)

(a) Purpose
The purpose of this rule is to reduce the emissions of airborne particulate matter from the storage, handling, and transport of coke, coal and sulfur; and to reduce the potential for the storage, handling and transport of these materials to violate AQMD Rules 402 – Public Nuisance and 403 – Fugitive Dust.

(b) Applicability
This rule applies to the operator of a facility that produces, stores, handles, transports, or uses coke, coal or sulfur.

(c) Definitions
For the purpose of this rule:

(1) ACCUMULATION is any surface deposit of material greater than three ounces in one square foot other than inside an approved storage area, conveyor, transport vehicle, coker pit, slurry bin, water collection channel or separation pond.

(2) AQMD PERMITTED FACILITY is a facility that has material storage or handling equipment required to have permits to operate from the AQMD.

(3) BEST AVAILABLE CONTROL MEASURES represent fugitive dust control actions which are required to be implemented within the boundaries of the South Coast Air Basin. A detailed listing of best available control measures for each fugitive dust source type shall be as contained in the most recent Rule 403 Implementation Handbook, now or hereafter adopted by the Governing Board.

(4) CALCINED COKE is coke which has been processed in a kiln.

(5) CHEMICAL STABILIZER is any non-toxic chemical dust suppressant which is not prohibited for the uses proposed in this Rule by any other applicable law, and meets all applicable specifications required by any federal, state, or local water agency.

(6) COAL is a solid, brittle, carbonaceous rock classified as anthracite, bituminous, subbituminous, or lignite by ASTM Designation D388-77.

(7) COKE is a solid carbonaceous residue produced from a coker after cracking and distillation from petroleum refining operations.

(8) CONTAMINATED MATERIAL means a material that has become mixed with other materials or dirt so that it is no longer considered material or no longer meets marketable product specification.

(9) CONVEYOR SHUTTLE or TRAVELER or TRIPPER is a device supporting a conveyor that can travel forwards or backwards along a feed conveyor as needed to allow the conveyor to load material onto a selected area of a ship or pile.

(10) DRY MATERIAL is any coke, coal, or sulfur, that does not meet this Rule’s definition for moist material.

(11) ENCLOSED CONVEYOR is a conveyor which is totally enclosed in a tube or encompassed 360 degrees within a solid plane structure, or an equivalent conveying system as approved by the Executive Officer.

(12) ENCLOSED STORAGE is any completely roofed and walled structure or building surrounding an entire coke, coal or sulfur pile.

(13) EXISTING OPEN STORAGE means designated open piles of sulfur or coal that are served by equipment having an existing valid AQMD permit that was issued prior to June 11, 1999.

(14) FACILITY means any source or group of sources or other air contaminant-emitting activities which are located on one or more contiguous properties within the AQMD, in actual physical contact or separated solely by a public roadway or other public right-of-way, and are owned or operated by the same person (or by persons under common control), or an outer continental shelf (OCS) source as determined in 40 CFR Section 55.2. Such above-described groups, if noncontiguous, but connected only by land carrying a pipeline, shall not be considered one facility. Sources or installations involved in crude oil and gas production in Southern California Coastal or OCS Waters and transport of such crude oil and gas in Southern California Coastal or OCS Waters shall be included in the same facility which is under the same ownership or use entitlement as the crude oil and gas production facility on-shore.

(15) FREEBOARD is the distance from the top of the material storage section of the truck trailer to the top of the material load at its highest point.

(16) FUGITIVE DUST means any solid particulate matter that becomes airborne by natural or man-made activities, excluding particulate matter emitted from an exhaust stack.

(17) HIGH WIND CONDITIONS is when wind speeds exceeds 15 miles per hour.

(18) LOOSE means material that can be swept off a surface by a person using a whisk broom.

(19) MATERIAL means any substance containing at least 50% by weight of coke, coal, or sulfur. The percent by weight shall be determined by at least a one ounce sample taken at any random point.

(20) MOIST MATERIAL is material that has a moisture content that in no place is less than the following: coke material 8.3%, coal material 7.6%, and sulfur material 2.8%.

(21) NON-LUMP MATERIAL means any coke, coal, or sulfur material which can pass through a 6.3 millimeter sieve (1/4 inch opening).

(22) OPEN STORAGE is any material coke, coal or sulfur pile that is not in enclosed storage.

(23) PAVED means improved by covering with concrete, asphaltic concrete, recycled asphalt, or asphalt.

(24) PILE means any amount of coke, coal or sulfur material which attains a height of three feet or more, or a total surface area of 150 square feet or more.

(25) PRILLED SULFUR is a product formed in a wet process involving the contact of heated liquid sulfur with cooled water, resulting in a sphere-like solid.

(26) ROAD means any route with evidence of repeated prior travel by vehicles.

(27) SILT is any particulate, including but not limited to coal, coke, or sulfur, with a particle size less than 75 micrometers in diameter as measured by a No. 200 sieve.

(28) STREET SWEEPER is, if purchased or contracted for before January 1, 2000, a vacuum or regenerative air street sweeper, and if purchased or contracted for on or after January 1, 2000, is a PM10 street sweeper pursuant to Rule 1186 – PM10 Emissions from Paved and Unpaved Roads & Livestock Operations.

(29) SULFUR is a chemical element, atomic number 16 on the periodic chart, and which is found in crystalline or amorphous form.

(30) TELESCOPING LOADING CHUTE is a length adjustable chute which completely encloses the material during ship loading operations.

(31) TRACKIN – TRACKOUT ROAD is a road (excluding freeways), starting from the entrance or exit of the facility property and continuing away from the property for the first quarter mile of the road, that a truck trailer, used for material transport, travels on.

(32) TRANSFER POINT is the point in the storage, handling or transport process where conveyed material is dropped.

(33) VEHICLE is any car, truck, in-service transportation, or off-road mobile heavy equipment.

(34) WATER SPRAY SYSTEM means a dust suppression technique that uses water or water-based solutions delivered through pipes, tubes, or hoses that are fitted with one or more nozzles and operated at pressures ranging from 1 to 1500 psi.

(35) WIND SCREENS are structures that are sufficient to deflect the wind away from conveyed material and reduce fugitive dust emissions, and are adjacent to both sides of and extend along the entire length of the conveyor, tall enough to extend above and below the conveyor and material.

(d) Any facility that produces, handles, transports, or stores coke, coal, or sulfur material for transfer or shipment shall comply with all the following requirements:

(1) The operator shall not cause, or allow the discharge into the atmosphere of, fugitive dust for a period or periods aggregating more than three minutes in any one hour which is equal to or greater than 10% opacity (equivalent to 10% opacity under EPA Method 9 or one half of No. 1 on the Ringelmann Chart, as published by the United States Bureau of Mines).

(2) The operator shall maintain all piles in enclosed storage.

(A) The enclosed storage shall be equipped with and use as needed, a water spray system or permitted air pollution control equipment sufficient to control fugitive dust emissions at designed vents and at entrances or exits for material or vehicles so as not to violate paragraph 1.

(B) Any entrance or exits for material or vehicles shall have overlapping flaps, sliding doors or other devices(s) approved by the Executive Officer, which shall remain closed except to allow vehicles to enter and leave or when people are inside.

(C) For coal and prilled sulfur piles existing before June 11, 1999, the operator may achieve compliance with outdoor storage provided that the Executive Officer approves an open pile control plan, pursuant to subdivision (f).

(3) The operator shall only conduct material truck unloading in an enclosed structure that is either equipped with a water spray system to be used as needed to prevent visible dust emissions or vented to permitted air pollution control equipment that is operated during unloading activities. The ends of the structure shall have overlapping flaps that reduce the opening to no greater than 11 feet high by 10 feet wide, sliding doors which shall remain closed except to allow the trucks to enter and leave, or other equally effective devices as approved by an Executive Officer.

(4) The operator shall only conduct railcar material unloading in an enclosed structure that is either equipped with a water spray system operated to prevent visible dust emissions, or vented to permitted air pollution control equipment that is operated during unloading activities. The ends of the structure shall have overlapping flaps, sliding doors or other equally effective devices as approved by the Executive Officer, which shall remain closed except to allow the railcars to enter and leave.

(5) The operator shall pave and maintain as paved, the following areas:

(A) All ground surfaces within the facility where material accumulations routinely occur; and,

(B) All roads and vehicle movement areas within the facility that are used for transporting or moving material excluding AQMD permitted material enclosures and areas approved by the Executive Officer for material storage pursuant to other sections of this Rule.

(6) When transport is by truck, the facility operator shall only receive or transfer material in truck trailers that, within one quarter mile of the perimeter of the facility, are driven only on paved roads.

(7) In order to clean roads of accumulations, the operator shall comply with either (A) or (B):

(A) The operator shall prevent and remove any material so that the following limits are not exceeded:

(i) A silt loading value, for all silt particles, of 0.05 grams/meter2 for any trackout road, excluding freeways and railroad tracks; and

(ii) A silt loading value, for all silt particles, of 0.25 grams/meter2 for all roads and vehicle movement areas excluding railroad tracks within the facility that are used for transporting or moving material.

(B) The facility operator shall use a street sweeper to clean any trackin – trackout road and any road inside the facility, used to transport material.

(i) The street sweeping shall be sufficient so that not more than 4 hours elapses between each street sweeper cleaning or after every 100 truck material receipts or dispatches, but not less than one time daily when the facility is open for business.

(ii) Each 24-hr. day, the day beginning at 12:01 A.M., the operator shall designate and record whether for that day the operator is street sweeping every four hours or every 100 trucks. The record shall show the date and time when street sweeping was performed and the truck count.

(iii) Facility operators shall begin cleaning up material spills of more than three pounds, or that cover more than a square foot, within one hour and continue clean up operations until the spill is removed.

(C) Prior to the beginning of each calendar quarter the operator shall designate and record which alternative, A or B, the operator is choosing to comply with during the quarter.

(D) A violation of subparagraph (d)(7)(C) shall be considered a violation of paragraph (d)(7).

(8) The operator shall maintain all areas within the facility, except for those areas subject to paragraph (d)(7), free of any accumulation, unless the accumulation is:

(A) moist material;

(B) dry material not higher than three inches, except for crushed prilled sulfur which shall be removed; or

(C) completely covered.

(9) Any new or replacement conveyors constructed after June 11, 1999 shall be enclosed conveyors. For purposes of this paragraph, the installation of a conveyor between two transfer points shall be a replacement conveyor. For conveyors existing before June 11, 1999, the operator shall, except for prilled sulfur, only conduct material conveying in compliance with either:

(A) All non-lump material shall be moist material; or,

(B) The material shall be conveyed in an enclosed conveyor(s).

(10) The operator shall, except for prilled sulfur, maintain all material transfer points in compliance with one of the following:

(A) Total enclosure;

(B) Water spray system sufficient to control fugitive dust emissions during operations to comply with paragraph (d)(1);

(C) vented to permitted air pollution control equipment which is in full operation;

(D) Transfer only moist material and conduct such transfer only in an overhead truck trailer loader or chute with a hopper such that the exposed drop does not exceed four feet from the top of the truck; or,

(E) Controlled by another equivalent method approved, in writing, by the Executive Officer.

(11) The operator shall only load materials into ships through a telescoping loading chute which uses a water spray system, or an air pollution control system, sufficient to control fugitive dust emissions during operations to comply with paragraph (d)(1), and:

(A) Is extended to within five feet of the top of the pile; or,

(B) Is at least 5 feet below the hatch coaming.

(12) The operator of an AQMD permitted facility shall not load material into any truck trailer unless it is subsequently and immediately covered, before leaving the facility, in one of the following manners sufficient to prevent material from escaping from the trailer onto the facility property.

(A) A solid sliding cover on the top of the truck that is kept completely closed, or;

(B) A slot-top type cover that reduces the uncovered open surface area by at least 50% and extends above the trailer top edges, without gaps and either the material contained in the trailer is moist material, or a chemical stabilizer is applied to the surface of the material in sufficient amounts and concentration so as to prevent fugitive dust emissions during transport; or,

(C) A continuous tarp that completely covers the trailer top, and does not contact the material within the trailer. In addition, the tarp shall be installed or the trailer constructed to prevent wind from entering over the leading edge of the trailer rim into the interior of the trailer.

(13) Facility operators shall not load material into truck trailers such that a trailer leaks liquid that contains material onto the facility property.

(14) If a truck trailer leaks liquid that contains material onto the facility property, the facility operator shall clean the affected property within one hour with a street sweeper or water.

(15) The operator shall clean all out-going material transport trucks, whether loaded or empty, so that:

(A) Any part of any tractor, trailer or tire exterior surface, excluding the inside of the trailers, are free of all loose material in excess of 1 gram per square decimeter or 10 grams total.

(B) The material removed by the truck cleaning operation is collected and recycled or otherwise disposed of so that it does not result in fugitive dust emissions.

(16) The operator shall not load sulfur into trucks unless:

(A) The sulfur is not greater than 1% crushed prilled sulfur by weight and;

(B) The loading is controlled by an enclosure or water spray system, approved by the Executive Officer, that reduces visible emissions to ensure compliance with paragraph (d)(1).

(e) Any facility that stores material solely for use at the facility either as a fuel or as an ingredient in a manufacturing process shall comply with all of the following requirements:

(1) The operator shall not cause, or allow the discharge into the atmosphere of, fugitive dust for a period or periods aggregating more than three minutes in any one hour which is equal to or greater than 10% opacity (equivalent to 10% opacity under EPA Method 9 or one half of No. 1 on the Ringelmann Chart, as published by the United States Bureau of Mines).

(2) The operator shall maintain all piles in enclosed storage, except as provided in paragraph (3). Any openings shall have overlapping flaps, sliding doors or other equivalent devices(s) approved by the Executive Officer, which shall remain closed except to allow the vehicles to enter or leave.

(3) For facilities existing before June 11, 1999 only, for coal and prilled sulfur, the operator may achieve compliance with outdoor storage provided the executive Officer approves, in advance, an open storage pile control plan, or complies at all times with at least one of the following:

(A) Installs and maintains a three-sided barrier equal to the height of the material, with no more than fifty percent porosity to provide wind sheltering;

(B) Maintains and operates water spray bars, a misting system, water hoses and or water trucks to control fugitive dust emissions;

(C) Applies chemical stabilizer(s) to control fugitive dust emissions;

(D) Installs temporary covers; or

(E) Other equivalent measures approved by the Executive Officer.

(4) Within four hours after material is delivered to the facility by truck trailer, the facility operator shall inspect and clean up any spilled material on any paved road inside or outside the facility up to a quarter mile.

(5) The facility operator shall use a street sweeper to clean any paved road used for material transport, inside or outside the facility, up to a quarter mile from the material delivery site at least once a week or after every 100 truck material deliveries, whichever results in the most frequent street sweeping.

(6) The operator shall pave and maintain as paved, except for railroad tracks, the following areas:

(A) All non-road ground surfaces within the facility where material accumulation occurs; and,

(B) All roads and vehicle movement areas within the facility that are used to receive material by truck trailer.

(7) The operator shall pave or chemically stabilize and maintain all roads and vehicle movement areas within the facility, that are used for transporting coal.

(8) The operator shall prevent, or remove within four hours, any coke accumulations on all paved ground surfaces except for those areas subject to paragraph (3), unless the accumulations are either:

(A) Moist material; or

(B) Dry material not higher than three inches; or

(C) Completely covered.

(9) The operator shall prevent, or remove within four hours, any coal deposit higher than three inches on all paved ground surfaces except for those areas subject to paragraph (7), unless the accumulations are either:

(A) Moist material; or

(B) Completely covered.

(10) The operator of an AQMD permitted facility shall not allow any truck trailer, while on the AQMD permitted facility, to transport material unless the trailer is covered in one of the following manners, sufficient to prevent material from escaping from the truck onto the facility property.

(A) A solid sliding cover on the top of the truck that is kept completely closed, or;

(B) A slot-top type cover that reduces the uncovered open surface area by at least 50% and extends above the trailer top edges, without gaps, and either the material contained in the trailer is moist material, or a chemical stabilizer is applied to the surface of the material in sufficient amounts and concentration so as to prevent fugitive dust emissions during transport: or

(C) A continuous tarp that completely covers the trailer top, and does not contact the material within the trailer. In addition, the tarp shall be installed or the trailer constructed to prevent wind from entering over the leading edge of the trailer rim into the interior of the trailer.

(11) When transport is by truck trailer, the facility operator shall not receive or transfer material in truck trailers unless such truck trailers, that within one quarter mile of the perimeter of the facility, drive only on paved roads.

(12) The facility operator shall:

(A) Record daily, any material delivery by truck trailer and any related street sweeping;

(B) Record the application of chemical stabilizer pursuant to paragraph (e)(7);

(C) Record the time of discovery, condition (moist or dry and or depth of material) and removal of any accumulations pursuant to paragraphs (e)(4), (e)(8) or (e)(9).

(f) Open Storage Pile Control Plan

The Executive Officer shall disapprove an Open Storage Pile Control Plan unless the operator demonstrates that the plan requires the operator to implement best available control measures on the pile(s) and provides that no material accumulates beyond the boundaries of the pile and provides that the facility will comply with all applicable AQMD rules. The Plan shall be submitted as a Rule 1158 Open Pile Control Plan in a complete and approvable form and by the compliance deadline.

(1) In evaluating the proposed plan, the Executive Officer may reasonably require tests and sampling as necessary to determine the likelihood of emission reductions and compliance.

(2) The plan shall be implemented by the operator upon approval by the Executive Officer.

(3) The plan shall contain as a minimum:

(A) A contour map showing the location of the facility, the location of all piles, the perimeter boundary of the piles, and the surrounding land use and types of roadways within one quarter mile of the perimeter of the facility.

(B) The maximum daily amount of each material stored within the facility and the maximum daily throughput.

(C) A list of each applicable best available control measure for each fugitive dust source associated with the pile, including sources associated with moving the pile with mechanical equipment, and detailed documentation demonstrating how implementation of each measure will achieve compliance with all applicable AQMD rules under all conditions, including high wind conditions.

(4) In approving a plan, the Executive Officer may require any reasonable conditions deemed necessary to ensure the operation complies with the plan and AQMD Rules. The conditions may include, but shall not be limited to, application frequency and location of water spray systems, frequency of chemical stabilizer treatments, limits on handling, storage and transport of crushed materials, the placement, construction or modification of permanent perimeter boundaries for each pile or group of piles, monitoring wind conditions, advance notification to the Executive Officer of ship loading activities, and performing ambient air monitoring.

(5) In approving a plan, the Executive Officer may require any records deemed necessary to be maintained by the operator to demonstrate compliance with the plan. Such records shall be retained for at least 2 years and be made available to the Executive Officer upon request.

(6) The Plan is only valid for one year. If the Executive Officer denies approval, the facility will have 120 days to submit the necessary applications and two years from the date of the initial denial, to comply with the enclosed storage requirement. In the interim between before the storage pile(s) are enclosed, the Executive Officer may issue an interim plan that requires control measures deemed reasonably necessary to ensure the operation complies with all applicable AQMD Rules.

(7) Compliance with the provisions of the approved plan does not exempt a person from complying with the requirements of the California Health and Safety Code, or any other AQMD Rule.

(g) Compliance Schedule

(1) The operator of a new facility shall immediately comply with all rule provisions.

(2) The operator of an existing facility shall comply with all rule provisions by August 11, 1999 except as provided in paragraphs (3),(4),(5), and (6).

(3) The operator of an existing facility that needs to construct or modify enclosures or equipment to comply with the Rule requirements shall:

(A) Submit all necessary application(s) for a permit to construct and operate in approvable form with all required filing fees to the Executive Officer no later than May 1, 2000 for pile enclosures.

(B) When it is necessary for the facility to construct or modify their equipment/facility to comply with the Rule requirements, the facility shall comply by the following deadlines for that equipment/facility modification only, otherwise the facility shall comply with the rule provisions by August 11, 1999:

Equipment/Other Facility modification
Comply by this date
Enclosed Storage Pile June 11, 2001 if paragraph (3)(A) is complied with
Truck Wash June 11, 2000
Telescoping Loading Chute June 11, 2000
Water Spray or doors added to existing enclosure June 11, 2000
Wind Screen June 11, 2000
Truck Unloading Enclosed Structure June 11, 2001
Railcar Unloading Enclosed Structure June 11, 2000
Enclosed Conveyors and Material Transfer Points June 11, 2001
Truck Trailer Covers November 1, 1999 (if not building a truck trailer top-loading structure)

December 31, 2000 (if building a truck trailer top-loading structure)
 

(C) When paving is necessary to comply with the rule:

(i) All facility operators shall complete paving by June 11, 2000, except as provided in clause (ii).

(ii) The facility operators that determine and notify the Executive Officer by September 11, 1999 that the operator is required to pave more than 30,000 square feet of area shall complete such paving by June 11, 2001.

(D) During the interim period, prior to the compliance deadlines in subparagraph (g)(3)(B), operators that have Rule 1158 interim or permanent coke storage control plans previously approved by the AQMD, shall comply with all plan provisions.

(4) Existing facilities requesting a Rule 1158 Open Pile Control Plan for coal or sulfur shall comply with the following:

(A) The facility operator shall submit complete plan application in an approvable form with all required filing fees no later than September 11, 1999.

(B) Once the Executive Officer approves the plan, it is immediately effective.

(C) In the event the Executive Officer denies any such plan application, the applicant shall, by June 11, 2001, complete construction of the enclosures required by this Rule.

(5) The operator of an existing facility that does not submit all necessary application(s) for a permit to construct and operate in an approvable form with all required filing fees to the Executive Officer by May 1, 2000 to enclose outdoor storage piles of material, shall have until June 11, 2000 to remove the piles.

(6) The operator shall notify the Executive Officer in writing within seven days after removing all open piles. In order to ensure adequate measures are taken to reduce fugitive dust emissions, the operator shall submit a clean-up plan to the Executive Officer and the plan shall be approved by the Executive Officer for approval prior to the operator commencing clean-up of open pile pads. The clean-up plan shall comply with all of the following:

(A) The operator shall submit the clean-up plan within 60 days of notification of removal of open piles.

(B) The provisions of the approved clean-up plan may differ from the requirements of Rule 1158 if the facility operator demonstrates to Executive Officer satisfaction that all reasonably feasible mitigation to prevent particulate emissions in violation of District rules will be employed.

(C) No material may be added to the facility after the notification to the Executive Officer.

(D) The completion date for clean-up shall be determined by the Executive Officer as part of clean-up plan approval.

(7) All existing Rule 1158 Interim or Permanent Compliance Plans approved prior to June 11, 1999 shall be void immediately upon removal of all open piles from a facility.

(8) Rule 1158 requirements shall supersede all existing Rule 1158 Interim and Permanent Compliance Plan provisions that are in conflict with Rule 1158 or not covered by the Plan.

(h) Test Method

(1) ASTM Methods D-3302, D-4931, or equivalent methods approved by the Executive Officer, the California Air Resources Board and the U.S. EPA. shall be used to determine the material moisture content.

(2) Appendix C.1, Procedures for Sampling Surface/Bulk Dust Loading, and Appendix C.2, Procedures for Laboratory Analysis of Surface/Bulk Dust Loading Samples, as contained in Compilation of Air Pollutant Emission Factors (AP-42), as published by the U.S. EPA, or equivalent methods as approved by the Executive Officer, the California Air Resources Board and the U.S. EPA, shall be used to determine the silt loading value.

(3) A method approved as accurate by the Executive Officer shall be used to determine the weight of truck exterior surface material and material silt deposits.

(i) Compliance Determination and Performance Information

(1) For facilities subject to sub-division (d), each calendar quarter, if the operator selects the silt loading standard for that calendar quarter, and for all other operators once every calendar year, the operator shall perform the following tests pursuant to paragraphs (d)(7) and subdivision (h). Records of tests shall be maintained for a period of two years and shall be made available to District personnel upon request. Results of the test shall be submitted to the Executive Officer within 45 days after completion of each test. For operators testing once each calendar year, the test results shall be for information only, not for compliance determination. Silt loading tests shall be performed on the following roads or surfaces:

(A) On one paved road outside the facility, used by trucks transporting material, within one quarter mile of the exit of the facility; and

(B) On one road between the truck wash or truck cleaning area and the facility exit;

(2) For facilities subject to subdivision (d), each calendar quarter the operator shall conduct a test to show compliance with paragraph (d)(15) by sampling truck-trailer exterior surface material on one out-going material transport truck.

(3) The operator shall keep records of all applications and permits to construct or modify, from the AQMD or other agency, needed to meet the deadlines in (g)(3)(B) of this rule.

(j) Recordkeeping Requirements

The Operator shall maintain all records at the facility for a period of two years and make them available to AQMD staff upon request.

(k) Exemptions

(1) The provisions of paragraph (d)(9) shall not apply to:

(A) Material feed conveyor(s) existing prior to June 11, 1999 which are interrupted by the conveyor shuttle, traveler or tripper, provided that the entire length of the feed conveyor(s) is equipped with permanent wind screens. However, for conveyors which convey calcined coke to a shiploader exempt under (k)(6), the wind screen shall not be required until June 11, 2004.

(B) Underground conveyors. This exemption shall only apply to those sections of the conveyors which are underground.

(C) Conveyors located inside enclosed storage. This exemption shall not apply to those sections of the conveyor which are outside of the enclosed storage.

(D) Conveyors which only convey calcined coke to a ship loader, until June 11, 2004 at which time all conveyors shall comply with paragraph (d)(9).

(E) That portion of an existing conveyor belt that contains the tensioner.

(2) The provisions of paragraph (d)(12) shall not apply to prilled sulfur when the freeboard is, in no place, less than 3 feet.

(3) The provisions of this rule shall not apply to the storage, handling, and transport of molten sulfur.

(4) The provisions of paragraph (d)(2) shall not apply to the deposit of coke that has a moisture content of at least 12% in coker pits, slurry bins, coke dewatering truck loading bins, and separation ponds.

(5) The provisions of paragraph (d)(7) and (e)(5) shall not apply to the specific section of road where public vehicle through-traffic is denied access due to a construction project or road repair.

(6) Until June 11, 2004, the provisions of paragraph (d)(11) shall not apply to the loading of material into a ship whenever all of the following are met:

(A) The operator has installed and operates an instantaneous wind speed monitoring and recording system that is synchronized with the time of day and shall maintain a log of the date and time of each use of the headbox by-pass;

(B) The instantaneous wind speed measured at the shiploader is less than 10 miles per hour;

(C) The shiploader shuttle boom is not long enough to allow discharge through the telescoping spout to reach the far side of that ship’s hatch without using the headbox by-pass;

(D) The facility operator notifies the AQMD 48 hours before shiploading is scheduled to commence; and,

(E) The shiploader was initially constructed before 1970.

(7) The provisions of paragraph (d)(11) shall not apply to existing shiploaders permitted prior to June 11, 1999, for loading coal onto cape sized ships (beam length greater than 105 feet) whenever all of the following are met:

(A) The operator shall maintain a log of the date, time, loading rate, ship capacity, and duration of each use of the headbox by-pass;

(B) A maximum of ten cape sized ships per calendar year are loaded under this exemption and the facility operator demonstrates to the Executive Officer’s satisfaction that only the offshore side of the vessel is loaded without the required control equipment;

(C) The shiploader shuttle boom is not long enough to allow discharge through the telescoping spout to reach the far side of that ship’s hatch without using the headbox by-pass;

(D) The facility operator notifies the AQMD 48 hours before shiploading is scheduled to commence; and,

(E) The shiploader is not reconstructed or replaced after June 11, 1999.

(8) Prior to June 11, 2004, the provisions of paragraph (d)(2) shall not apply to an area maintained for contaminated material provided all of the following are met:

(A) the area occupies not more than two permanent locations designated by the facility operator for contaminated material;

(B) not more than 300 tons total is maintained at the facility at any one time;

(C) the operator maintains records documenting the total amount of material in the area; and

(D) the material in the area is maintained as moist material and wind-shielded on three sides.

(9) The provisions of paragraph (d)(2) shall not apply to the following, provided the material or coke is removed within 48 hours and a permanent record is made of the incident:

(A) Material taken off a conveyor because it is refused by a ship or it is hot coke (greater than 130 degrees Fahrenheit): or,

(B) Coke, up to 700 tons, that is incompletely processed from a refinery coker.

(10) The compliance deadline for enclosed storage pile in (g)(3)(B) and (g)(5) shall not apply until December 31, 2002 to any currently permitted facility existing on June 11, 1999 with a permitted open storage capacity of 150,000 tons or less of coke and located on publicly owned property provided such facility submits an application no later than August 11, 1999 to modify their existing Rule 1158 interim or permanent compliance plan to limit the amount of permitted open storage to the actual amount of open storage as of June 11, 1999, or the amount permitted in an Interim or Permanent Compliance Plan, whichever is less. There shall be no open storage after December 31, 2002.

(11) The compliance deadline for enclosed storage pile in (g)(3)(B) and (g)(5) shall not apply until June 11, 2001 to any currently permitted facility existing on June 11, 1999 with a permitted open storage of 300,000 tons or more coke provided such facility submits an application no later than August 11, 1999 to modify their existing Rule 1158 interim or permanent compliance plan to reduce their permitted capacity of open coke storage by at least 50% by June 11, 2000. There shall be no open storage after June 11, 2001.