3745-25-05. Air pollution emergency orders

(A) The following orders may be issued by the director upon the director's declaration that an air pollution episode exists for any air contaminants for which air quality standards have been adopted:

(1) Air "Alert."

(a) Any one or combination of air contaminants: Any person responsible for the operation of a source of air contamination as set forth in paragraph (A) of rule 3745-25-04 of the Administrative Code shall take all air pollution "Alert" actions as required for such source of air contamination; and shall particularly put into effect, the emission control action programs for an air pollution "Alert".

(b) Suspended PM10.

(i) There shall be no open burning by any persons of tree waste, vegetation, refuse, or debris in any form.

(ii) The use of incinerators for the disposal of any form of solid waste will be limited to the hours between twelve p.m. and four p.m.

(iii) Persons operating fuel-burning equipment which requires boiler lancing or soot blowing shall perform such operations only between twelve p.m. and four p.m.

(c) Nitrogen oxides, carbon monoxide, hydrocarbons and photo-chemical oxidants measured as ozone.

(i) There shall be no open burning by any persons of tree waste, vegetation, refuse, or debris in any form.

(ii) The use of incinerators for the disposal of any form of solid waste will be limited to the hours between twelve p.m. and four p.m.

(iii) Persons operating motor vehicles shall be strongly encouraged to eliminate the unnecessary use of automobiles, motorcycles, light-duty trucks and vans, and recreational vehicles.

(2) Air pollution "Warning."

(a) Any one or combination of air contaminants: Any person responsible for the operation of a source of air contamination as set forth in paragraph (A) of rule 3745-25-04 of the Administrative Code shall take all air pollution "Warning" actions as required for such source of air contamination; and shall particularly put into effect, the emission control action programs for an air pollution "Warning."

(b) Suspended PM10.

(i) There shall be no open burning by any persons of tree waste, vegetation, refuse, or debris in any form.

(ii) The use of incinerators for the disposal of any form of solid waste or liquid waste shall be prohibited.

(iii) Persons operating fuel-burning equipment which requires boiler lancing or soot blowing shall perform such operations only between the hours of twelve p.m. and four p.m.

(c) Nitrogen oxides, carbon monoxide, hydrocarbons and photo-chemical oxidants measured as ozone.

(i) There shall be no open burning by any persons of tree waste, vegetation, refuse, or debris in any form.

(ii) The use of incinerators for the disposal of any form of solid waste or liquid waste shall be prohibited.

(iii) Persons operating motor vehicles shall be strongly encouraged to eliminate the unnecessary use of automobiles, motorcycles, light-duty trucks and vans, and recreational vehicles. Citizens who travel to and from work between the hours of six a.m. and six p.m. are urged to car-pool or utilize public transportation.

(iv) For carbon monoxide "Warnings," persons operating motor vehicles shall be encouraged to avoid the air pollution "Warning" area.

(3) Air pollution "Emergency."

(a) Any one or a combination of contaminants.

(i) Any person responsible for the operation of a source of air contamination as described in paragraph (A) of rule 3745-25-04 of the Administrative Code shall take all air pollution "Emergency" actions as listed as required for such source of air contamination; and shall particularly put into effect the emission control action programs for an air pollution "Emergency".

(ii) All manufacturing establishments except those included in paragraph (A)(3)(a)(i) of this rule shall institute such action as will result in maximum reduction or air contaminants from their operations by ceasing, curtailing, or postponing operations which emit air contaminants to the extent possible without causing injury to persons or damage to equipment.

(iii) All places of employment described in this rule shall immediately cease operations.

(a) Mining and quarrying of non-metallic minerals.

(b) All contract construction work except that which must proceed to avoid physical harm.

(c) Wholesale trade establishments, including places of business primarily engaged in selling merchandise to retailers, to industrial, commercial, institutional or professional users, or to other wholesalers, or acting as agents in buying merchandise for or selling merchandise to such persons or companies.

(d) All offices of local, county, and state government including authorities, joint meetings, and other public bodies; except to the extent that such offices must continue to operate in order to enforce the requirements of this order pursuant to statute.

(e) All retail trade establishments except pharmacies and stores primarily engaged in the sale of food.

(f) Banks; credit agencies other than banks; securities and commodities brokers, dealers, exchanges and services; offices of insurance carriers, agents and brokers; real estate offices.

(g) Wholesale and retail laundries; laundry services and cleaning and dyeing establishments; photographic studios; beauty shops, barber shops, shoe repair shops.

(h) Advertising offices; consumer credit reporting, adjustment and collection agencies; duplicating, addressing, blueprinting; photocopying, mailing, mailing list and stenographic services; equipment rental services; commercial testing laboratories.

(i) Automobile repair, automobile services, garages.

(j) Establishments rendering amusement and recreation services including motion picture theatres.

(k) Elementary and secondary schools, colleges, universities, professional schools, junior colleges, vocational schools, and public and private libraries.

(iv) There shall be no open burning by any person of tree waste, vegetation, refuse, or debris in any form.

(v) The use of incinerators for the disposal of any form of solid or liquid waste shall be prohibited.

(vi) The use of motor vehicles; including, but not limited to automobiles, motorcycles, light-duty trucks and vans, and recreational vehicles; shall be prohibited except in emergencies with the approval of local or state police.

(B) When the director determines that an air pollution episode condition exists at one or more monitoring sites solely because of emissions from a limited number of sources, the director may order such source or sources to put into effect the emission control action programs which are applicable for each episode stage.

Five Year Review (FYR) Dates: 10/10/2019 and 10/10/2024
Promulgated Under: 119.03
Statutory Authority: 3704.03(E), 3704.032
Rule Amplifies: 3704.03(A), 3704.03(D), 3704.03(E), 3704.032
Prior Effective Dates: 02/15/1972, 12/15/1978, 09/03/1992, 04/18/2009, 12/01/2014

Prior History: (Effective: 12/01/2014
Five Year Review (FYR) Dates: 09/12/2014 and 12/01/2019
Promulgated Under: 119.03
Statutory Authority: 3704.03(E), 3704.032
Rule Amplifies: 3704.03(A), 3704.03(D), 3704.03(E), 3704.032
Prior Effective Dates: 2/15/72, 12/15/78, 9/3/92, 4/18/09)