Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-2-3 - Visible Emissions of Smoke and/or Particulate Matter Prohibited and Standards of Measurement3.1. No person shall cause, suffer, allow or permit emission of smoke and/or particulate matter into the open air from any fuel burning unit which is greater than 10 percent opacity based on a six-minute block average.3.2. Compliance with the visible emission requirements of subsection 3.1 shall be determined in accordance with 40 CFR Part 60, Appendix A, Method 9 and 45CSR16 or by using measurements from continuous opacity monitoring systems approved by the Secretary. The Secretary may require the installation, calibration, maintenance and operation of continuous opacity monitoring systems and may establish policies for the evaluation of continuous opacity monitoring results and the determination of compliance with the visible emission requirements of subsection 3.1. Continuous opacity monitors shall not be required on fuel burning units which employ wet scrubbing systems for emission control.3.3. If the owner or operator of a fuel burning unit can demonstrate to the satisfaction of the Secretary that compliance with subsection 3.1 cannot practically be achieved with respect to soot blowing operations or during the cleaning of a fire box, the Secretary may formally approve an alternative visible emission standard applicable to the fuel burning unit for soot blowing periods; provided that the exception period shall not exceed a total of 6 six minute time periods in a calendar day with visible emissions limited to 30% opacity, as determined in accordance with 40 CFR Part 60, Appendix A, Method 9 and 45CSR16, or by using measurements from a certified continuous opacity monitoring system.3.4. The Secretary may approve an alternative visible emission standard to that required under subsection 3.1, not to exceed 20 percent opacity, upon the filing of a written petition by the owner or operator, which petition shall include a demonstration satisfactory to the Secretary:3.4.1. That it is technologically or economically infeasible to comply with subsection 3.1;3.4.2. That emissions from the fuel burning unit for which an alternative visible emission standard is proposed impact no area in which the National Ambient Air Quality Standards for particulate matter are being exceeded nor will any such emissions cause or contribute to a violation of the National Ambient Air Quality Standards for particulate matter in an area which currently meets such standards;3.4.3. That the particulate weight emission standards under section 4 of this rule are being met, as determined in accordance with the Appendix 45-2 to this rule -- "Compliance Test Procedures for 45CSR2";3.4.4. That the fuel burning unit for which an alternative visible emission standard is proposed is at all times operated and maintained in accordance with the provisions of subsection 9.2;3.4.5. That the fuel burning unit for which an alternative visible emission standard is proposed and its associated air pollution control equipment are incapable of being adjusted or operated at normal operating loads to meet the applicable visible emission standard;3.4.6. That the owner or operator will install, calibrate, maintain and operate a continuous opacity monitoring system approved by the Secretary, for the fuel burning unit for which an alternative visible emission standard is proposed, and will submit the results of such monitoring system to the Secretary on a calendar monthly basis in a format approved by the Secretary, provided that this provision shall not apply to fuel burning units which employ wet scrubbing systems for emission control; and3.4.7. That all other requirements of law and rules enforced by the Secretary will be met.