Alternative for particulates

(a) The 20% opacity limit required under 252:100-25-3 may be increased for particulates only, provided that the owner or operator demonstrates to the satisfaction of the Air Quality Advisory Council at public hearing that: (1) The owner or operator has installed air pollution control equipment to attempt to control both visible and particulate matter emissions to the limit required by applicable Subchapters. (2) The pollution control equipment installed: (A) Has been properly maintained. (B) Is in good working order. (C) Is operated to minimize emissions. (3) The installed control equipment does not control opacity to the limit required in 252:100-25-3. 16 (4) The owner or operator has conducted stack test (s) using appropriate test methods as approved by the Division to determine mass emissions at maximum allowed capacity and has determined such emissions meet all applicable particulate matter requirements (i. e., permit limit, rule limit, process limit). (5) The owner or operator has conducted detailed modeling and other measures (e. g., monitoring) deemed necessary by the Executive Director to demonstrate that the maximum impact of any increase of opacity will not exceed 5 ug/m3 PM10-10 24-hour average at any point of impact or 1 ug/m3 PM10-10 annual average at any point of impact. (b) Upon completion of the demonstration specified in (a) of this Section, the opacity allowed will be based on the opacity read by a Certified Visible Emission Evaluator at the time of the maximum operation stack test. (c) Applications for an alternative under 252:100-25-4 will be submitted to the Director of the Division for review and recommendation to the Air Quality Advisory Council for final action. SUBCHAPTER 35. CONTROL OF EMISSION OF CARBON MONOXIDE