Section 20-606. VISIBLE EMISSIONS

 

606.1 Except as otherwise provided in these air quality regulations, visible emissions shall not be emitted into the outdoor atmosphere from stationary sources (excluding fuel-burning equipment placed in initial operation before January 1, 1977); provided, that discharges not exceeding forty percent (40%) opacity (unaveraged) shall be permitted for two (2) minutes in any sixty (60) minute period and for an aggregate of twelve (12) minutes in any twenty-four hour (24 hr.) period during start-up, cleaning, soot blowing, adjustment of combustion controls, or malfunction of equipment.

 

606.2 Except as otherwise provided in these air quality regulations, visible emissions whose opacity is in excess of ten percent (10%) (unaveraged), at any time shall not be emitted into the outdoor atmosphere, from any fuel-burning equipment placed in initial operation before January 1, 1977; provided, that:

 

(a) Opacity not in excess of forty percent (40%) (unaveraged) shall be permitted for two (2) minutes in any sixty (60) minute period and for an aggregate of twelve (12) minutes in any twenty-four hour (24 hr.) period other than during start-up of equipment;

 

(b) During start-up of equipment, opacity not in excess of forty percent (40%) (averaged over six (6) minutes) shall be permitted for an aggregate of five (5) times per start-up; and

 

(c)In addition to the emissions permitted under § 606.2(a), during shutdown of equipment, opacity not in excess of fifteen percent (15%) (unaveraged) shall be allowed and in addition, opacity not in excess of thirty percent (30%) (averaged over three (3) minutes) shall be permitted for an aggregate of three (3) times per shutdown.

 

606.3As an exception to § 606.1, the owner or operator of a stationary source may obtain a permit pursuant to chapters 2 or 3 of this title allowing visible emissions not exceeding ten percent (10%) opacity if the owner or operator can demonstrate that the source meets the following criteria:

 

(a)The source meets all applicable particulate matter standards at the increased visible emissions limit;

 

(b)Visible emissions at the increased visible emissions limit are not an indication of improper operation of the equipment;

 

(c)The particulate emissions at the increased visible emissions limit will not create a violation of any National Ambient Air Quality Standard; and

 

(d)The source cannot modify operations or install control equipment to meet a lower opacity standard without incurring unreasonable expense.

 

606.4 At all times, including periods of start-up and malfunction, owners and operators of stationary sources and fuel-burning equipment shall, to the extent practicable, maintain and operate stationary sources and fuel-burning equipment, including associated air pollution control equipment, in a manner consistent with good air pollution control practices for minimizing emissions.

 

606.5 Violation of standards set forth in this section, as a result of unavoidable malfunction, despite the conscientious employment of control practices, shall constitute an affirmative defense on which the discharger shall bear the burden of proof. Periods of malfunction shall cease to be unavoidable malfunctions if reasonable steps are not taken to eliminate the malfunction within a reasonable time.

 

606.6 Owners and operators of stationary sources and fuel-burning equipment shall ensure that persons actually participating in the maintenance and operation of sources and equipment are adequately trained and supervised so as to minimize the production of emissions during operation.

 

606.7 Where the presence of uncombined water is the only reason for failure of an emission to meet the requirements of this section, this section shall not be applicable.

 

606.8 The provisions of this section shall not apply to visible emissions from interior fire places, or from sources set forth in § 604.2, or when steam is used to blow oil from a burner as the last phase of shutting down the burner.

 

authority

Sections 5 and 6(b) of the District of Columbia Air Pollution Control Act of 1984, as amended, effective March 15, 1985 (D.C. Law 5-165; D.C. Official Code §§ 8-101.05 and 8-101.06(b)(2008 Repl.)); Section 107(4) of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.07(4)(2008 Repl.)); Mayor's Order 98-44, dated April 10, 1998; Mayor’s Order 2006-61, dated June 14, 2006.

source

Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 606, 32 DCR 565, 612 (February 1, 1985); as amended by Final Rulemaking published at 59 DCR 12890 (November 9, 2012).