A. This article shall apply only to a source that is all of the following:
1. An existing source, as defined in [Section] 17.04.340;
2. A point source. For the purposes of this section, "point source" means a source of air contaminants that has an identifiable plume or emissions point; and
3. A stationary source, as defined in [Section] 17.04.340.
B. Except as otherwise provided in this Chapter relating to specific types of sources, the opacity of any plume or effluent, from a source described in subsection (a), as determined by Reference Method 9 in 40 CFR 60, Appendix A, shall not be:
1. Greater than twenty percent in an area that is nonattainment or maintenance for any particulate matter standard, unless an alternative opacity limit is approved by the control officer as provided in subsection (D) and (E), after the effective date of this rule;
2. Greater than forty percent in an area that is attainment or unclassifiable for each particulate matter standard; and
3. After April 23, 2006, greater than twenty percent in any area that is attainment or unclassifiable for each particulate matter standard except as provided in subsections D and E.
C. If the presence of uncombined water is the only reason for an exceedance of any visible emissions requirement in this article, the exceedance shall not constitute a violation of the applicable opacity limit.
D. A person owning or operating a source may petition the control officer for an alternative applicable opacity limit. The petition shall be submitted to PDEQ within three months after the effective date of this rule.
1. The petition shall contain:
a. Documentation that the affected facility and any associated air pollution control equipment are incapable of being adjusted or operated to meet the applicable opacity standard. This includes:
i. Relevant information on the process operating conditions and the control devices operating conditions during the opacity or stack tests;
ii. A detailed statement or report demonstrating that the source investigated all practicable means of reducing opacity and utilized control technology that is reasonably available considering technical and economic feasibility; and
iii. An explanation why the source cannot meet the present opacity limit although it is in compliance with the applicable particulate mass emission rule.
b. If there is an opacity monitor, any certification and audit reports required by all applicable subparts in 40 CFR 60 and in Appendix B, Performance Specification 1.
c. A verification by a responsible official of the source of the truth, accuracy, and completeness of the petition. This certification shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.
2. If the unit for which the alternative opacity standard is being applied is subject to a stack test, the petition shall also include:
a. Documentation that the source conducted concurrent EPA Reference Method stack testing and visible emissions readings or is utilizing a continuous opacity monitor. The particulate mass emission test results shall clearly demonstrate compliance with the applicable particulate mass emission limitation by being at least ten percent below that limit. For multiple units that are normally operated together and whose emissions vent through a single stack, the source shall conduct simultaneous particulate testing of each unit. Each control device shall be in good operating condition and operated consistent with good practices for minimizing emissions.
b. Evidence that the source conducted the stack tests according to Section 17.11.210, and that they were witnessed by the control officer or the control officer's agent or representative.
c. Evidence that the affected facility and any associated air pollution control equipment were operated and maintained to the maximum extent practicable to minimize the opacity of emissions during the stack tests.
3. If the source for which the alternative opacity standard is being applied is located in a nonattainment area, the petitioner shall include all the information listed in subsections (D)(1) and (D)(2), and in addition:
a. In subsection (D)(1)(a)(ii), the detailed statement or report shall demonstrate that the alternative opacity limit fulfills the Clean Air Act requirement for reasonably available control technology; and
b. In subsection (D)(2)(b), the stack tests shall be conducted with an opportunity for the administrator or the administrator's agent or representative to be present.
E. If the control officer receives a petition under subsection D the control officer shall approve or deny the petition as provided below by October 15, 2004:
1. If the petition is approved under subsection (D)(1) or (D)(2), the control officer shall include an alternative opacity limit in a proposed significant permit revision for the source under Sections 17.12.120, 17.13.140, 17.12.190, and 17.13.210. The proposed alternative opacity limit shall be set at a value that has been demonstrated during, and not extrapolated from, testing, except that an alternative opacity limit under this section shall not be greater than forty percent. For multiple units that are normally operated together and whose emissions vent through a single stack, any new alternative opacity limit shall reflect the opacity level at the common stack exit, and not individual in-duct opacity levels.
2. If the petition is approved under subsection (D)(3), the control officer shall include an alternative opacity limit in a proposed revision to the applicable implementation plan, and submit the proposed revision to EPA for review and approval. The proposed alternative opacity limit shall be set at a value that has been demonstrated during, and not extrapolated from, testing, except that the alternative opacity limit shall not be greater than forty percent.
3. If the petition is denied, the source shall either comply with the twenty percent opacity limit or apply for a significant permit revision to incorporate a compliance schedule under Section 17.12.080(A)(5)(c)(iii) by April 23, 2006.
4. A source does not have to petition for an alternative opacity limit under subsection D to enter into a revised compliance schedule under Section 17.12.080(A)(5)(c).
F. The control officer, administrator, source owner or operator, inspector or other interested party shall determine the process weight rate, as used in this article, as follows:
1. For continuous or long run, steady-state process sources, the process weight rate is the total process weight for the entire period of continuous operation, or for a typical portion of that period, divided by the number of hours of the period, or portion of hours of that period.
2. For cyclical or batch process sources, the process weight rate is the total process weight for a period which covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during the period.
(Ord. 2017-20 § 3 (part), 2017: Ord. 2005-43 § 3 (part), 2005; Ord. 2004-97 § 4 (part), 2004; Ord. 1993-128 § 4 (part), 1993)