Regulatory Text:
SECTION 5. EMISSION LIMITATIONS APPLICABLE TO NEW OR MODIFIED EQUIPMENT  

(Approved by EPA 10/05/76 (41 FR 43904) at 52.170(c)(04) effective 10/05/76. Revisions approved by EPA 02/23/89 (54 FR 07764) at 52.170(c)(26) effective 03/27/89.)

   (a) No person shall cause or permit the construction or modification of equipment which would cause or allow applicable emission limitations promulgated by the United States Environmental Protection Agency to be exceeded.

   (b) No person shall cause or permit the construction or modification of equipment which would cause or allow emissions to exceed the allowable emission rate as shown on Figure 5(b) of  this section. For purposes of this subsection, process weight rate means the total weight of all materials introduced over one hour into any specific piece of equipment directly served by one or more flues or stacks and where the concentration of emissions form such flues or stacks are directly related to the materials introduced to the equipment. It is intended that the above described emission limitations would be applicable to any individual piece of equipment, whether ln series or parallel to other pieces of equipment used in the manufacturing process. Solid fuels charged are considered as part of the process weight but liquid and gaseous fuels and combustion air are not. For a cyclical or batch operation, the process weight rate per hour is derived by dividing the total process weight by the number of hours in one complete operation from the beginning of any given process to the completion thereof, excluding any time during which the equipment is idle.

   (c) No person shall cause or permit the visible emissions from equipment affected by this section to exceed the visible emission limitations as provided in Subsection 8(e) of these Regulations.  

   (d) Equipment affected by emission regulations promulgated by the United States Environmental Protection Agency shall not be affected by the emission regulations of Subsection (b) of Section 5, but shall, instead, be governed by said regulations of the United States  Environmental Protection Agency.

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 FIGURE 5(b)

 Log-Log Graph

  Process Weight Rate (lb/hr)
 (X-axis: log scale)

 vs

 Allowable Particulate Emissions (lb/hr)  
 (Y-axis: log scale)

 
Points on Graph
 

The line between points 1 and 2 is linear (straight) on the log-log
graph.

The line between points 2 and 3 is linear on the log-log graph.

The line changes to a lesser slope at point 2, i.e., the line between points 1 and 2 has a greater slope than the line between points 2 and 3.

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   (e) The emission limitations of this section may be made more restrictive as such limitations apply to individual pieces of  equipment or to areas of the state where the Department finds such more restrictive limitations necessary to prevent the National Ambient Air Quality Standards or air quality increments, as defined by the United States Environmental Protection Agency's Regulations for the Prevention of Significant Air Quality Deterioration, from being exceeded.

   (f) The degree of emission limitation required of any source for control of any air pollutant must not be affected by so much of any source's stack height that exceeds good engineering practice or by any other dispersion technique, except as provided in Section 5(g). Before submittal of a new or revised emission limitation, to EPA, that is based on good engineering practice stack height that exceeds the height allowed by Section 3(s)(i) or (ii), the Director will notify the public of the availability of the demonstration study and will provide opportunity for public hearing on it. This section does not restrict, in any manner, the actual stack height of any source.

   (g) The provision of Section 5(f) shall not apply to

     (1) stack heights in existence, or dispersion technique implemented on or before December 31, 1970, except where pollutants are being emitted from such stacks or using such dispersion technique by sources, as defined in Section 111(a)(3) of the Clean Air Act, which were constructed, or reconstructed, or for which major modifications, as defined in Section 3(v) and in section 3(b) of the prevention of significant deterioration supplement to the Arkansas Plan of Implementation for Air Pollution Control, were carried out after December 31, 1970; or

     (2) Coal fired steam electric generating units subject to the provision of Section 118 of the Clean Air Act, which commenced operation before July 2, 1957, and whose stacks were constructed under a construction contract awarded before February 8, 1974.