Office of Air Quality, Permitting & Enforcement Division

               Mechanical Section Policy Memorandum

                 þÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍ

Date:  December 2, 1993                             No.: 5 

From:  Skip Clark, P.E.

Approved by:  Gary Wallin, P.E. 

Subject:  Distance Requirements in Standard Exemptions 

                  þÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍ

Situation:

Common wording in many exemptions includes "must be located at
least 1/2 mile from any recreational area or residence or
other structure not occupied or used solely by the owner of
the facility or the owner of the property which the facility
is located".  When Standard Exemptions were reviewed by
Regional offices, the use of the word "structure" resulted in
different interpretations.

Policy:   

For the purposes of consistent review, we want to consider a
"structure" located within the one-half mile radius only if
people using the structure may be impacted by emissions.  We
shall consider an occupied structure as any structure
inhabited routinely for more than two hours per day. 
Inhabited routinely means once a week, five days a week, etc. 
One hour a week or two hours a year would not be considered to
be occupied frequently enough to be considered as occupied.

Additional questions were raised concerning if a cemetery
would qualify as a residence or other structure to prohibit
the placement of a facility at a near by site.  The
tombstones, or grave markers, would not qualify as a residence
or structure, but other structures within the cemetery, such
as a maintenance shed or mausoleum, would be considered
structures when determining the distance requirements.

Also, any area with the name "park" in it would more than
likely be a recreational area.  State owned and operated
"roadside" parks, "rest areas" and picnic areas are considered
recreational areas.  

Background:   

The intent of including "structures" in the Standard Exemption
is to ensure that there will be no adverse off-property
impacts on occupied structures, not intermittent use.

Example:  

Within one-half mile of a proposed facility is an
old hay barn.  The barn has no hay in it, and is owned by
someone not associated with the facility or the leased
property.  No one occupies the old barn, although sack feed
may be stored there intermittently, resulting in activity for
approximately one hour per week.  In this case, the barn is
not considered a structure for Standard Exemption
applicability.

Example:  

Within one-half mile of a proposed facility is a
utility shed.  The shed is used regularly by utility workers
and is occupied for a few hours every day of the week.  In
this case, the shed is considered a structure for Standard
Exemption applicability.  

Necessary Action: None 

cc:  All Mechanical Section

Added 4-20-94