Current through 2024-38, September 18, 2024
The degree of emission limitation required of any source for
control of any air contaminant shall not be affected by so much of a source's
stack height that exceeds Good Engineering Practice or intermittant or
supplemental control of air pollutants or by any other dispersion technique.
This provision shall not apply to stack heights in existence, or dispersion
techniques implemented, on or before December 31, 1970, except where pollutants
are being emitted from such stacks or using such dispersion techniques by
sources which were constructed, or reconstructed, or for which modifications
were carried out after December 31, 1970.
A. The term "dispersion technique" means any
technique which attempts to affect the concentration of a pollutant in the
ambient air by:
(1) Using that portion of a
stack which exceeds good engineering practice stack height;
(2) Using an intermittant or supplemental
control strategy which allows varying the rate of emissions of a pollutant
according to atmospheric conditions or atmospheric concentrations of that
pollutant; or
(3) Increasing final
exhaust gas plume rise by manipulating source process parameters, exhaust gas
parameters, stack parameters, or combining exhaust gases from several existing
stacks into one stack; or other selective handling of exhaust gas streams so as
to increase the exhaust gas plume rise.
B. The preceding paragraph does not include:
(1) The reheating of a gas stream, following
use of a pollution control system, for the purpose of returning the gas to the
temperature at which it was originally discharged from the facility generating
the gas stream;
(2) The merging of
exhaust gas streams where:
(a) The source
owner or operator demonstrates that the facility was orginally designed and
constructed with such merged gas streams; or
(b) After July 8, 1985, such merging is part
of a change in operation at the facility that includes the installation of
pollution controls and is accompanied by a net reduction in the allowable
emissions of a pollutant. This exclusion from the definition of "dispersion
technique" shall apply only to the emission limitation for the pollutant
affected by such change in operation; or
(c) Before July 8, 1985, such merging was
part of a change in operation at the facility that included the installation of
emission control equipment or was carried out for sound economic or engineering
reasons. Where there was an increase in the emission limitation or, in the
event that no emission limitation was in existence prior to the merging, an
increase in the quantity of pollutants actually emitted prior to the merging,
the Department shall presume that merging was significantly motivated by an
intent to gain emissions credit for greater dispersion. Absent a demonstration
by the source owner or operator that merging was not significantly motivated by
such intent, the Department shall deny credit for the effects of such merging
in calculating the allowable emissions for the source;
(3) Smoke management in agricultural or
silvicultural prescribed burning programs;
(4) Episodic restrictions on residential
woodburning and open burning; or
(5) Techniques under Section II(A) (3) which
increase final exhaust gas plume rise where the resulting allowable emissions
of sulfur dioxide from the facility do not exceed 5,000 tons per
year.
C. "Good
engineering practice" (GEP) stack height means the greater of:
(1) 65 meters, measured from the ground-level
elevation at the base of the stack;
(2) For stacks in existence on January 12,
1979, and for which the owner or operator had obtained all applicable licenses
or approvals required by state or federal air pollution control laws and
regulations, Hg = 2.5 H, provided the owner or operator produces evidence that
this equation was actually relied on in establishing an emission
limitation;
(3) For all other
stacks not meeting the criteria of Section II(C) (2), Hg = H+1.5L, where Hg =
good engineering practice stack height, measured from the ground-level
elevation at the base of the stack, H = height of nearby structure(s), measured
from the ground-level elevation at the base of the stack, L = lesser dimension,
height or projected width of nearby structure(s), provided that the Department
may require the use of a field study or fluid model to verify GEP stack height
for the source; or
(4) The height
demonstrated by a fluid model or field study approved by the Department, which
ensures that the emissions from a stack do not result in excessive
concentrations of any air pollutant as a result of atmospheric downwash, wakes,
or eddy effects created by the source itself, nearby structures or nearby
terrain features.
D.
"Nearby" as used in Section II(C) is defined for a specific structure or
terrain feature and
(1) For the purposes of
applying the formula in Section II(C) (2) or II(C) (3) means that distance up
to five times the lesser of the height or the width dimension of a structure,
but not greater than 0.8 km (1/2 mile), and
(2) For conducting demonstrations under
Section II(C) (4), means not greater than 0.8 km (1/2 mile), except that the
portion of a terrain feature may be considered to be nearby which falls within
a distance of up to 10 times the maximum height (Ht) of
the feature, not to exceed 2 miles if such feature achieves a height
(Ht) 0.8 km from the stack that is at least 40 percent
of the GEP stack height determined by the formula provided in Section II(C) (2)
or II(C) (3) or 26 meters, whichever is greater, as measured from the
ground-level elevation at the base of the stack. The height of the structure or
terrain feature is measured from the ground-level elevation at the base of the
stack.
E. "Excessive
concentration" is defined for the purpose of determining good engineering
practice stack height under Section II(C) (4) and means:
(1) For a source seeking credit for stack
height exceeding that established under Section II(C) (2) or II(C) (3), a
maximum ground-level concentration due to emissions from a stack due in whole
or part to downwash, wakes, and eddy effects produced by nearby structures or
nearby terrain features which individually is at least 40 percent in excess of
the maximum concentration experienced in the absence of such downwash, wakes,
or eddy effects and which contributes to a total concentration due to emissions
from all sources that is greater than an ambient air quality standard or an
ambient increment. The allowable emission rate to be used in making
demonstrations under this Subsection shall reflect the control technology
requirement specified at Chapter 115 Section VI, or applicable emission
standards, whichever is more stringent;
(2) For sources seeking credit after October
11, 1983, for increases in existing stack height up to the heights established
under Section II(C) (2) or II(C) (3), either a maximum ground-level
concentration due to emissions from a stack due in whole or part to downwash,
wakes, and eddy effects produced by nearby structures or nearby terrain
features which individually is at least 40 percent in excess of the maximum
concentration experienced in the absence of such downwash, wakes or eddy
effects and which contributes to a total concentration due to emissions from
all sources that is greater than an ambient air quality standard or an ambient
increment, or the actual presence of a local nuisance caused by the existing
stack as determined by the Department; and
(3) For sources seeking credit after January
12, 1979 for a stack height determined under Section II(C) (2) or II(C) (3)
where the Department requires the use of a field study or fluid model to verify
GEP stack height, for sources seeking stack height credit after November 9,
1984 based on the aerodynamic influence of cooling towers, and for sources
seeking stack height credit after December 31, 1970 based on the aerodynamic
infuence of structures not adequately represented by the equations in Section
II(C) (2) or II(C) (3), a maximum ground-level concentration due in whole or in
part to downwash, wakes or eddy effects that is at least 40 percent in excess
of the maximum concentration experienced in the absence of such downwash,
wakes, or eddy effects.