Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-4 - CONTROL OF PARTICULATE EMISSIONS › Section 335-3-4-.01 - Visible Emissions

Current through Register Vol. 42, No. 9, June 28, 2024
(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.