Chapter III, Article III Evasion

Adopted November 22, 1976

Section 520: No person shall cause or permit the installation or use of any device of any means which, without resulting in reduction in the total amount of air contaminants emitted, conceals or dilutes an emission of air contaminant which would otherwise violate an air pollution control regulation.
Section 520.1:

Exceptions on a case-by-case basis to Rule 520 may be allowed for geothermal steam wells and power plants, provided the following findings are made by the Air Pollution Control Officer:

  1. An air aspirator or other devices(s) will be used to lower the emissions level below two hundred and fifty (250) ppmw at the point of emission and undiluted steam in the case of a geothermal well is less than ten thousand (10,000) ppmw.
  2. That the well or source in question is located in a secured area and will be posted.
  3. The emissions of the geothermal well singularly or when combined with other sources on this or nearby sites are not expected to cause or significantly contribute to an exceed of any ambient air quality standard or cause an ambient hydrogen sulfide level of 0.06 ppm for three (3) minutes at the property line or create a hazard or nuisance for the public.
  4. That available control technology can not be applied under the existing circumstances.

Exceptions under this rule shall be authorized in writing by the Air Pollution Control Officer only after a written analysis of the above factors. Notice shall be provided adjoining air districts and nearby residents which are potentially affected by any such exceptions allowed herein and shall be made available to public members requesting such notice.