ORD 2021-035/ Amending Chapter 34 Environment Article 5 Air Pollution of the City code

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The director is the principal air pollution control officer of the cites director shall implement and enforce this division and may establish such rules, not inconsistent with this division as he determines are necessary to discharge his duty under, or to affect the policy of, this division. The director shall evaluate the effect of proposed zoning changes on air pollution and shall endeavor to coordinate his activities with those of the Planning and Development Services Department in order to achieve optimum management of the air resources of the city. The director will cooperate in a manner consistent with the policy of this division, with other governmental agencies concerned with air pollution. The director will publicize information on air pollution data, administrative hearings, progress in abatement programs and decisions affecting_ pollution control, and to inform and cooperate with citizen groups and industry associations concerned with air pollution. The director shall recommend to the city manager enforcement measures and policies to achieve and maintain air quality in the city. See. 34.409. Texas Commission on Environmental Quality rules. The city hereby adopts by reference the following rules of the Texas Commission on Environmental Quality ("TCEQ"), in their current form and as they may hereafter be amended, including the tables, graphs, figures,_ appendices, and other matter promulgated as part of the TCEQ's rules, all of which are incorporated by reference as though written fully word for word in this division. TCEQ rules are promulgated in the Texas Administrative Code, Chapter 30. See. 34.410. City air pollution standards. (a) Odors (emission standard). A stationary source may not emit beyond its property line an odor, as measured by the director, the strength of which equals or exceeds: (1) two odor units on a Barnaby-Cheney Scentometer; or (2) two dilution -to -threshold (Dm units on a St. Croix Sensory Nasalranger, or equivalent units on an equivalent odor -testing device. (b) Particulates (emission standard). Neither a stationary source nor a portable source may emit nuisance level emissions beyond its property line as determined by USEPA Method 22. In addition, both a stationary source and a portable source must: (1) maintain all dust collection and fugitive controls in good working order at all times; (2) install and operate such controls at such times to control fugitives from aggregate stockpiles, transfer points, conveyor systems, and