mech5.txt
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Office of Air Quality, Permitting & Enforcement Division Mechanical Section Policy Memorandum Date: December 2, 1993 No.: 5 From: Skip Clark, P.E. Approved by: Gary Wallin, P.E. Subject: Distance Requirements in Standard Exemptions 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