Ala. Admin. Code r. 335-3-4-.01 - Visible Emissions
(1) Visible Emissions Restrictions for Stationary Sources.
(a) Except as provided in subparagraphs (b), (c), (d), or (e) of this paragraph, and paragraph (3) of this rule, no person shall discharge into the atmosphere from any source of emission, particulate of an opacity greater than that designated as twenty percent (20%) opacity, as determined by a six (6) minute average.
(b) For a person not covered by paragraphs (3), (4), (5), and (6) of this rule, during one six (6) minute period in any sixty (60) minute period, a person may discharge into the atmosphere from any source of emission, particulate of an opacity not greater than that designated as forty percent (40%) opacity.
(c) The Director may approve exceptions to this rule or specific sources which hold permits under chapter 335-3-14; provided however, such exceptions may be made for startup, shutdown, load change, and rate change or other short, intermittent periods of time upon terms approved by the Director and made a part of such permit.
(d) The Director may also approve exceptions to this rule in accordance with the following provisions:
1. The owner or operator of the affected source shall request in writing for the Director to provide an opportunity for the determination of the opacity of emissions during sampling and testing required pursuant to rule 335-3-1-.08.
2. Upon receipt from such owner or operator of the written report of the results of the sampling and testing conducted pursuant to rule 335-3-1-.08, the Director will make a finding concerning compliance with opacity and other applicable standards.
3. If the Director determines that an affected source is in compliance with all applicable standards for which the sampling and testing are being conducted in accordance with rule 335-3-1-.08 but during such sampling and testing the affected source fails to meet any applicable opacity standard, he shall notify the owner or operator and advise him that he may petition the Director within ten (10) days of receipt of notification to make appropriate adjustment to the opacity standard for the affected source.
4. The Director may grant such a petition upon a demonstration by the owner or operator that the affected source and associated air pollution control equipment were operated and maintained in a manner to minimize the opacity of emissions during the sampling and testing; that such sampling and testing were performed under the conditions established by the Director; and that the affected source and associated air pollution control equipment were incapable of being adjusted or operated to meet the applicable opacity standard.
5. Upon the conclusion of sampling and testing as required above, the Director may establish an opacity standard for the affected source at a level at which the source will be able, as indicated by the sampling and testing, to meet the opacity standard at all times during which the source is meeting the mass emissions standards. If sufficient data is not available to the Director to establish such opacity standards, the Director may require additional sampling and testing as necessary to make such a determination of opacity.
(e) The provisions of this paragraph shall not apply to combustion sources in single-family and duplex dwellings where such sources are used for heating or other domestic purposes.
(2) For a person subject to subparagraph (1)(b) of this rule, compliance with opacity standards in this rule shall be determined by conducting observations in accordance with Reference Method 9 in Appendix A, 40 CFR Part 60, as the same may be amended requiring a six (6) minute average as determined by twenty-four (24) consecutive readings, at intervals of fifteen (15) seconds each.
(3) The conditions in paragraphs (4) and (5) of this rule apply to each emissions unit that meets all of the following requirements:
(a) A Continuous Opacity Monitoring System (COMS) is used for indication of opacity of emissions;
(b) With respect to opacity limitations, the units are subject only to the opacity provisions stated in paragraph (1) of this rule; and
(4) Except as otherwise exempt under subparagraphs (1)(c) or (1)(d) of this rule, no permittee shall discharge into the atmosphere from any source of emission, particulate of an opacity greater than that designated as twenty percent (20%) opacity, as determined by a six (6) minute average, except that during each calendar quarter, the permittee may discharge into the atmosphere from any emissions unit qualifying under paragraph (3) of this rule, particulate with an opacity exceeding 20% for not more than twenty-four (24), six (6) minute periods in any calendar day, if such periods do not exceed 2.0 percent of the source calendar quarter operating hours for which the opacity standard is applicable and for which the COMS is indicating valid data.
(5) No permittee shall discharge into the atmosphere from any source of emission particulate of an opacity greater than 22% (excluding exempt periods allowed under subparagraphs (1)(c) and (1)(d) of this rule) averaged over each calendar day.
(6) For a person subject to paragraph (4) of this rule, compliance with the opacity standards in this rule shall be determined by COMS data.
(7) For emissions units described in paragraph (3) above, the permittee shall comply with paragraphs (4) and (5) within 6 months of EPA approval of paragraphs (3), (4), (5), and (6). Until 6 months after EPA approval of paragraphs (3), (4), (5), and (6), emissions units described by paragraph (3) above shall be subject to the emission limit in subparagraph (1)(a) of this rule, the exceptions in subparagraphs (1)(b), (1)(c) and (1)(d) of this rule, and the compliance measurement techniques in paragraph (2) of this rule.
Authors: James W. Cooper, John E. Daniel, Ronald W. Gore
Statutory Authority: Code of Ala. 1975, §§ 22-28-14; 22-22A-5, 22-22A-6, 22-22A-8.
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