25 Pa. Code § 123.45 - Alternative opacity limitations
(a)
Coverage. Coverage shall comply with the following:
(1) This section applies to a source:
(i) That is covered under §
123.41 (relating to limitations)
and is also covered by an emission limitation in the form of a mass rate or a
stack gas concentration or a fuel requirement.
(ii) That is not a fugitive air
contaminant.
(iii) For which the
mass rate or concentration can be determined:
(B) By any other method approved by the
Department that is consistent with accepted air pollution testing practices and
with obtaining accurate results that are representative of the conditions
evaluated.
(2)
Appendix D presents the applicability of this section for various emission
limitation formats.
(b)
Procedure for application. The procedure for application shall
comply with the following:
(1) The owner or
operator of a source may request the Department to determine the opacity of
emissions from the source during a demonstration of compliance with the
applicable mass rate standard or stack gas concentration standard or fuel
requirement. The request must be made in the form of a plan approval
application under Chapter 127 Subchapter A (relating to general).
(2) The owner or operator shall provide for
any test the Department deems necessary for determining compliance with the
applicable emission limitation.
(3)
The owner or operator shall provide sufficient notification to the Department
so that the proposed test methods may be reviewed and approved by the
Department. No test will be considered by the Department for the purpose of
establishing an alternative opacity limitation unless the test methods have
been first approved by the Department and a trained and qualified observer is
present during the test.
(c)
Eligibility. A source
shall be eligible for an alternative opacity limitation (AOL) if the following
conditions are met:
(1) The Department finds
that the source is in compliance with this article except §
123.41. The Department will
specify the method of demonstrating compliance.
(2) During the time the determination of
compliance and AOL is conducted, the source fails to meet any applicable
opacity limitation.
(3) The
Department finds:
(i) That the source has not
discontinued measures to minimize opacity of emissions, within the bounds of
good engineering and good economic practice.
(ii) That the source and associated air
pollution control equipment are operated and maintained in a manner to minimize
the opacity of emissions, within the bounds of good engineering and good
economic practice.
(4)
The demonstration of compliance and the alternative opacity tests are performed
under the conditions established by the Department.
(5) The Department determines that the AOL
would not create or contribute to a public nuisance nor cause air pollution as
defined under the act.
(d)
Level of the alternative standard. The Department will set
the AOL at the opacity levels measured during the performance test, even if the
emissions were substantially less than those allowed under the regulations or
permit conditions of the Department. The Department will enter the AOL as a
condition of the operating permit of the source.
(e)
Operating conditions.
The Department will specify the operating conditions under which the
determination of compliance and AOL will be made. The conditions must be based
on technical knowledge of the process concerning normal operation and the
effects of deviations from normal operations.
(f)
Timing of test. The
Department will specify the day, time of day and time of year for conducting
the determination of compliance and AOL where these factors may substantially
affect the determination of source opacity. Where the source exhibits high
opacity only under certain specified conditions or during certain times, the
Department may limit the applicability of the AOL to operation during those
conditions or times. These conditions or times must be specified in the
permit.
(g)
Continuous
monitoring. Continuous monitoring shall consist of the following:
(1) A source that requests an AOL must
install, operate and maintain a continuous opacity monitor before the
determination of compliance and AOL is made.
(2) The Department will use the data from the
monitor during the determination of compliance and AOL to set the AOL. After
the AOL is entered on the operating permit of the source, the Department will
use the data from the monitor to enforce the AOL.
(3) The Department may exempt a source from
the requirement of paragraph (1) if the Department determines that the monitor
would not give representative opacity readings for that source. The Department
may require an exempted source to:
(i) Use
trained and qualified observers to measure the opacity.
(ii) Monitor and report operating parameters
of the process and of air pollution control equipment.
(iii) Perform such activities on a specified
schedule maintaining relevant records for inspection by the Department.
(h)
Granting and quantifying the AOL. Granting and quantifying
the AOL include the following:
(1) The
Department will issue a permit establishing the AOL for the source or will deny
the application for plan approval if the Department determines that the source
is not eligible for, or entitled to, an AOL.
(i)
Special situations. Special situations include the following:
(1) For sources that make several products of
varying opacity-producing capabilities, the Department may establish an overall
AOL independent of the product. The Department may, however, establish a
separate AOL for each product where the Department determines that the
opacities from the products differ to such an extent that enforcement of the
mass rate standard or stack gas concentration standard or fuel requirement may
be hampered with only one AOL.
(2)
For cases in which several processes vent to a single stack, the Department
will set an AOL at the opacity level produced after each process is determined
to be in compliance with the appropriate mass rate standard or stack gas
concentration standard or fuel requirement.
(j)
Revocation of AOL.
Revocation of AOL shall be as follows:
(1) The
Department may revoke a source's AOL if the Department determines that:
(i) The source is not in compliance with this
article.
(ii) The source has
discontinued measures to minimize opacity of emissions, within the bounds of
good engineering and good economic practice.
(iii) The plume opacity of the source creates
or contributes to a public nuisance or causes air pollution as defined under
the act.
(2) If the
Department revokes a source's AOL, the opacity of the source will be regulated
by §
123.41. The Department may
reinstate a revoked AOL if it determines that the conditions which caused the
revocation no longer exist.
(k)
Maintenance of continuous
monitor; reestablishment of AOL. Reestablishment of an AOL shall be as
follows:
(1) The Department may require the
owner or operator of a source with an approved AOL and a continuous opacity
monitor to do any or all of the following if a trained observer of the
Department determines that the source is violating an AOL:
(i) Adjust or replace the continuous opacity
monitor.
(ii) Retest opacity with
monitor and trained and qualified observer.
(iii) Perform a test to determine compliance
with the appropriate mass rate standard or stack gas concentration standard or
fuel requirement.
(2) For
a source with an AOL established by use of a continuous opacity monitor, the
Department may establish a new AOL based on opacity readings by a trained and
qualified observer if:
(i) The Department
determines that the source complies with the applicable mass rate standard or
stack gas concentration standard or fuel requirement.
(ii) The trained and qualified observer of
the Department notifies the source that it does not comply with the existing
AOL.
(iii) The data from the
continuous opacity monitor indicate that the source complies with the existing
AOL.
Notes
The provisions of this § 123.45 issued under the Air Pollution Control Act (35 P. S. §§ 4001-4015).
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