§ 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:
(A) Using techniques specified in § § 139.11—139.16.
(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.
(2) The Department will use the procedure of § § 139.17 and 139.18 (relating to general requirements; and calculation of alternative opacity limitations) to quantify the 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.
Authority The provisions of this § 123.45 issued under the Air Pollution Control Act (35 P. S. § § 4001—4015).
Source The provisions of this § 123.45 adopted June 19, 1981, effective June 20, 1981, 11 Pa.B. 2132.
Cross References This section cited in 25 Pa. Code § 139.17 (relating to general requirements); and 25 Pa. Code § 139.18 (relating to calculation of alternative opacity limitations).
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