Document Jr5m7XagY2em0RNmd70GNd5dK

b) Emissions of water arid water vapor. Sections 212.122 and 212.12) shall not apply to emissions of water or water vapor from an emission source. c) Adjusted standards. An emission source which has obtained an adjusted opacity standard pursuant- to Section 212.126 shall be subject -to that standard-rather than the limitations Of Section 212,122 or 212.12). d) Compltancc with the particulate regulations oP. thts Part shall constitute a defense. 1) for all'emission sources which are. not subject to Chapters 111 or 112 of the Clean Air Act (42 tt.S.C.A. 7401 et seg.) -and Sections 212.201. 212.202. 212.20) or 212.204 but which are subject to Sections, 212.122 or 212.12): The opacity limitations of Sections - 212.122 and 212.12) shall not apply If It is' show*, that the emission source was. it the time.of such emission. In- compliance with- the " applicable particulate,emissions ' limitations of Subparts D-f of this Part. 2) - For all emission sources which are not subject to Chapters III or 112 of the Clean Air Act but which are .subject to Sections 212.201. 212.202'. 212:201 or 212.204 and either Section 212.122 or 212.12): A) --- -- An exceedance of the limitations of Section 212.122 or 212.12) shall constitute- a violation of the applicable particulate limitations of Subparls O-T of Ibis Part. It shall be a defense to a.violation or the -applicable particulate limitations ITi during a subsequent performance test conducted within a. reasonable time not to-exceed 60 days, wider the same operating, conditions for the source and the control devlce(s). and In accordance wlth.Hethgd S. 40 CFR 60. incorporated by reference in Section 212.11), .the owner or operator shows that the source Is In compliance with the particulate emission limitations, B) -It shall be a defense to an exceedance of the opacity limit if. during a subsequent performance test conducted within a reasonable time not to exceed 60 days, under the same operating conditions of the source and the control device(s). and In accordance with Method 5. 40 cfr 60. Appendix A, Incorporated by reference in Section 212.1)). the owner or operator shows that the soufce is in compliance with the allowable particulate emissions limitation while, simultaneously, having visible emissions equal to or greater than the opacity exceedance as originally - observed. (Source; Amended at 12 111. Reg. 12492. effective July I). 1988) Sect Ion 212.-12$'-' Determination of Violations Violations of Sections 212.122 and 212.12) shall be determined: 1 ; a) By visual'observations: or I . . ' * b) By the use of a.-calibrated smoke evaluation device approved by the agency as.specifled In Subpart J of )S 111. Ado. Code 201; or ; c) By the use of a smoke monitor located In the stack and approved by the agency as specified in Subpar.t J of )S 111..-Ado. Code 201. `Section 212.126 Adjusted Opacity Standards Procedures a) Pursuant to Section 28.1 or the Environmental Protect ton.Act (Act) (111. Rev. Stat. 1987 ch. Ill 1/2 pars. 1028.1). and .in.accordance : with )5 111: Adta. Code 106 Subpart C. adjusted visible emissions standards: for emission sources subject to Sections 212.201. ; 212.202. 212.20). or 212.204 and either . Section 212.122 or 212.12) shall be granted ; by the-Board-to- the extent-cdnsistent-with-..... . I federal law based upon a'demonstration by ; such a source that the results of a i performance, test CBWdotcfed~pursuaTtr`tro tuts----- Section, section 212:110. and Methods S and 9 ! of 40 CFR 60. Appendix a. incorporated by ;-reference--In'Section 212.11^.'ohow-tbat the . source meets the applicable particulate ` emission limitations at the same time that 1 the visible emissions exceed the otherwise appl lcabl'tst3rtd*rds~or sections--- . ' 212.121-212.125. such adjusted opacity : limitations: -1} Shall be specified as'a condition in . i operating permits issued pursuant to )S 111.- Adr'fodr'Jflr- 2) Shall substitute for that limitation otherwise; applicable; ... I j) Shall not allow an opacity-greater than 60 percent at any time: and 4) Shall allow opacity for one sti-mlnule averaging-period-In -any 60-wlnute period - to exceed the adjusted opacity standard. b) For the purpose of establishing an adjusted opacity standard, any owner or operatoror* arremission source which meets the requirements of subsection (a), above, may request the Agency-to determine the -average opacity of the emissions-from-the emission-source-during-aiiy performance testfs) conducted pursuant to Section 212.110 and Methods 5 and 9 of 40 CFR - 60'. Appendix A. incorporated by reference in Section 212.11). The Agency shall refuse to accepr ttteresuIts"ofemtrs tonr-tests if not-- conducted pursuant to this Section. c) Any request for the determination of the average opacity of emissions shall be made in 48