326 Ind. Admin. Code 5-1-3

Current through May 29, 2024
Section 326 IAC 5-1-3 - Temporary alternative opacity limitations

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC 13-17-3-12

Affected: IC 13-11; IC 13-17

Sec. 3.

(a) The following applies, except as otherwise provided in subsections (c) through (e). When building a new fire in a boiler, or shutting down a boiler, opacity may exceed the applicable limit established in section 2 of this rule; however, opacity levels shall not exceed sixty percent (60%) for any six (6) minute averaging period. Opacity in excess of the applicable limit established in section 2 of this rule shall not continue for more than two (2) six (6) minute averaging periods in any twenty-four (24) hour period.
(b) The following applies, except as otherwise provided in subsections (c) through (e). When removing ashes from the fuel bed or furnace in a boiler or blowing tubes, opacity may exceed the applicable opacity limit established in section 2 of this rule; however, opacity shall not exceed sixty percent (60%) for any six (6) minute averaging period and opacity in excess of the applicable limit shall not continue for more than one (1) six (6) minute averaging period in any sixty (60) minute period. The averaging periods shall not be permitted for more than three (3) six (6) minute averaging periods in a twelve (12) hour period.
(c) For sources that are not boilers and are not located in Lake County, the commissioner may grant the same temporary alternative opacity limitation with the same opacity level and duration as is granted to boilers under subsection (a) or (b) provided that the facility proves to the satisfaction of the commissioner that the temporary alternative opacity limitation is needed and that during periods of startup and shutdown or when removing ashes or blowing tubes, owners and operators shall, to the extent practicable, maintain and operate an affected facility, including air pollution control equipment, in a manner consistent with good air pollution control practice for minimizing emissions. Determination of whether acceptable operating and maintenance procedures are being used shall be based on information provided to the commissioner upon request, which may include, but is not limited to, the following:
(1) Monitoring results.
(2) Opacity observations.
(3) Review of operating and maintenance procedures.
(4) Inspection of the source.

The commissioner may require a source to install a certified opacity emissions monitor, where technically feasible, operate the certified opacity emissions monitor in accordance with procedures specified in 326 IAC 3, and maintain other records needed to verify compliance with the temporary alternative opacity limitation.

(d) For sources or facilities that cannot meet the alternative opacity limitation requirements of subsection (a), (b), or (c), the commissioner may grant a temporary alternative opacity limitation of longer duration and greater opacity than provided under subsections (a) and (b) under this subsection in accordance with the following:
(1) The source or facility burns the following fuels alone or in combination with each other or with any other fossil fuel:
(A) Coal.
(B) Wood.
(C) #4, #5, or #6 fuel oil.
(D) Tire-derived fuel.
(E) Petroleum coke.

The commissioner may approve a temporary alternative opacity limitation based on the combustion of other types of fuels as long as the source demonstrates that the combustion of the fuel is necessary, alternative fuels are not available or cost-efficient, and the fuels are identified in the submittal to the U.S. EPA required under section 7 of this rule.

(2) The source or facility owner or operator demonstrates that the temporary alternative opacity limitation is needed and justifiable during periods of startup and shutdown or when removing ashes from the fuel bed or furnace in a boiler or blowing tubes by providing a written petition that does the following:
(A) Requests a state implementation plan (SIP) revision to establish a temporary alternative opacity limitation under this subsection. Sources subject to 326 IAC 2-7 or 326 IAC 2-8 shall include the petition for a SIP revision with the initial permit application, permit revision application, or permit renewal application.
(B) Demonstrate that during periods of startup and shutdown, or when removing ashes from the fuel bed or furnace in a boiler or blowing tubes, the limits of subsections (a) through (c) cannot be met and that the owners and operators shall, to the extent practicable, maintain and operate an affected facility, including air pollution control equipment, in a manner consistent with good air pollution control practice by doing the following:
(i) Minimizing emissions.
(ii) Minimizing duration of startups and shutdowns.
(iii) Minimize the excess emissions caused by the startups and shutdowns.
(C) Demonstrate that during periods of startup and shutdown the temporary alternative opacity limitation will not impact the maintenance of the National Ambient Air Quality Standards (NAAQS).
(D) Demonstrate that during routine operations the source is in compliance with the applicable opacity limitation under section 2 of this rule.
(3) A determination of whether acceptable operating and maintenance procedures are being used shall be based on information provided to the commissioner. The information concerning emissions and operating procedures may include, but is not limited to, the following:
(A) Monitoring results.
(B) Opacity observations.
(C) Review of operating and maintenance procedures.
(D) Inspection of the source.
(4) As a condition of the temporary alternative opacity limitation, the commissioner may require a source to do the following:
(A) Install a certified opacity emissions monitor. The requirement to install a certified opacity emissions monitor shall be based on, but not limited to, the type and size of the emission unit, the normal operating schedule, normal operating conditions, and the availability of alternative monitoring methods, and other relevant site-specific information.
(B) Operate the certified opacity emissions monitor in accordance with procedures specified in 326 IAC Sec. 3.
(C) Maintain other records needed to verify compliance with the temporary alternative opacity limitation.
(5) For sources required to install a continuous opacity monitor (COM) that do not have previous opacity monitor data, the temporary alternative opacity limitation shall be reviewed by the commissioner after two (2) years of monitoring. The duration of the temporary alternative opacity limitation may be adjusted based on the monitoring data.
(6) The commissioner shall reserve the authority to do the following:
(A) Require a source that has been granted a temporary alternative opacity limit under this subsection to install a COM at a later date if it is determined the COM is necessary to demonstrate compliance with the temporary alternative opacity limit.
(B) Deny a request for a temporary alternative opacity limit if economically and technically feasible means are available to meet a limit that is less than the limit requested.
(7) The temporary alternative opacity limit established for a source shall be submitted to the U.S. EPA as a state implementation plan (SIP) revision in accordance with section 7 of this rule.
(e) Notwithstanding the provisions in subsections (a) through (d), this subsection applies to sources existing on the effective date of this rule located in counties other than Lake County. If, on the effective date of this rule, an existing source has different startup and shutdown conditions from those in subsection (a) or (b) in a valid operating permit, those conditions shall remain in effect until the department issues a final, effective Part 70 operating permit under 326 IAC 2-7 or a final, effective federally enforceable state operating permit under 326 IAC 2-8 for the source that does one (1) of the following:
(1) Makes the startup and shutdown conditions consistent with subsection (a) or (b).
(2) Incorporates startup and shutdown conditions that are at least as stringent as those conditions in the operating permit in effect as of the effective date of this rule. The conditions shall not be less stringent than the following:
(A) During the startup of the following equipment, burning fuels identified in subsection (d)(1):
(i) For equipment that is equipped with baghouses or electrostatic precipitators, the opacity limitation in section 2 of this rule shall not apply until the exhaust gases have achieved a temperature of two hundred fifty (250) degrees Fahrenheit at the inlet of the baghouses or electrostatic precipitators.
(ii) For equipment that is either uncontrolled or that is equipped solely with mechanical collectors (including mechanical collectors that are equipped with sidestream separators or similar devices) for the control of particulate emissions, the opacity limitation in section 2 of this rule shall not apply for a period of not more than three (3) hours from the moment of startup.
(B) During the shutdown of the following equipment, burning fuels identified in subsection (d)(1):
(i) For equipment that is equipped with baghouses or electrostatic precipitators, the opacity limitation in section 2 of this rule shall not apply after the exhaust gases have dropped below temperature of two hundred fifty (250) degrees Fahrenheit at the inlet of the baghouses or electrostatic precipitators.
(ii) For equipment that is either uncontrolled or that is equipped solely with mechanical collectors (including mechanical collectors that are equipped with sidestream separators or similar devices) for the control of particulate emissions, the opacity limitation in section 2 of this rule shall not apply for a period of not more than three (3) hours from the moment of shutdown.

The source shall include with a permit application, permit revision application, permit renewal application, or a supplement to such application, documentation including, but not limited to, historical opacity information during periods of startup and shutdown and other pertinent information and proposed permit conditions that limit the duration and extent of excess emissions to the greatest extent practicable. The commissioner shall incorporate permit conditions that are necessary for safe and proper operation of equipment and minimize the duration and extent of excess emissions. Such conditions shall require the source to keep records of times of startups, shutdowns, and ash removals and may be more stringent than the operating permit conditions in effect as of the effective date of this rule.

(3) Provides an alternative temporary opacity limit in accordance with subsection (d). If the source requests such an alternative temporary opacity limit, the source shall demonstrate that the alternative limit is needed and justifiable in accordance with subsection (d)(2) through (d)(7).

326 IAC 5-1-3

Air Pollution Control Board; 326 IAC 5-1-3; filed Mar 10, 1988, 1:20 p.m.: 11 IR 2422; filed May 12, 1993, 11:30 a.m.: 16 IR 2365; filed Oct 9, 1998, 3:56 p.m.: 22 IR 428