(a)

1. (1) No person shall cause or permit visible emissions (other than uncombined water vapor) from equipment to exceed the limitations of this section except as specifically provided within this part.

2. (2) More stringent limitations on individual pieces of equipment may be imposed by the Division of Environmental Quality in applicable permits due to:

   1. (A) Control requirements or control apparatus;
   2. (B) Corresponding emission limitations; and/or
   3. (C) Applicable national standards.
3. (3) For equipment installed on or before January 30, 1972, emissions shall not exceed forty percent (40%) opacity, except that emissions greater than forty percent (40%) opacity will be allowed for not more than six (6) minutes in the aggregate in any consecutive sixty-minute period, provided such emissions will not be permitted more than three (3) times during any twenty-four-hour period.
4. (4) For equipment installed or modified after January 30, 1972, emissions shall not exceed an opacity greater than twenty percent (20%) except as described in subdivision (a)(5) of this section.
5. (5) Notwithstanding subdivision (a)(4) of this section, for wood, coal, or oil-fired boilers installed or modified after January 30, 1972, emissions shall not exceed twenty percent (20%) opacity, except that emissions of opacity greater than twenty percent (20%), but not exceeding sixty percent (60%), will be allowed for not more than six (6) minutes in the aggregate in any consecutive sixty-minute period, provided such emissions will not be permitted more than three (3) times during any twenty-four-hour period.

6. (6)

   1. (A) Wood-fired boilers shall meet all visible emissions of this subpart except that visible emissions may exceed the permitted opacity for up to forty-five (45) minutes once in any consecutive eight-hour period, three (3) times in any consecutive twenty-four-hour period for soot blowing, grate cleaning, ash raking, and refiring necessary for proper operation of these units.
   2. (B) This practice is to be scheduled for the same specific time each day and shall be recorded.
   3. (C) The division shall be notified in advance and in writing of the schedule or any changes.
   4. (D) The process of soot blowing, grate cleaning, ash raking, and refiring or any part thereof is considered one (1) activity, and the time limit on this activity is forty-five (45) minutes.
   5. (E) In determining the emissions of a source for purposes of demonstrating air pollution will not occur, the division shall take into account any incremental increase in allowable emissions under these conditions.

(d) The emission limitations of this section shall not apply to the following conditions and activities:

1. (1) The start-up of a new fire in an incinerator used exclusively for the disposal of wood waste or the waste from cotton gins, provided that start-up does not exceed thirty (30) minutes and provided, further, that there is only one (1) such start-up per day;

2. (2) The application of:

   1. (A) Fertilizers;
   2. (B) Pesticides; and
   3. (C) Defoliants;
3. (3) The use of mobile and portable equipment in the clearing, grading, or plowing of land;

4. (4) The application of base or surface materials to:

   1. (A) Roads;
   2. (B) Runways;
   3. (C) Parking lots; and
   4. (D) Similar facilities;
5. (5) The use of agricultural equipment in the planting, cultivating, or harvesting of crops or in the feeding of animals or fowls;
6. (6) The noncommercial preparation of food and the use of outdoor fireplaces used in connection with any residence;
7. (7) The use of incinerators and heating equipment used in connection with residences used exclusively as dwellings for not more than four (4) families; and
8. (8) The use of portable incinerators used for the disposal of debris from demolition and land clearing operations.

(e)

1. (1) The owner or operator of equipment may petition the Director of the Division of Environmental Quality for an emission limitation less stringent than that provided in subsection (a) of this section provided, however, that such petition is filed not more than six (6) months after commencement of operation of equipment for which a permit has been issued by the director and, provided further, that such equipment is in compliance with all provisions of the this part except those of subsection (a) of this section.
2. (2) The petition shall contain such information as the director may reasonably require.
3. (3) Upon review of the petition and any other evidence before him or her, the director may require additional information, grant the relief sought in the petition, or establish an emission limitation other than that sought by the petitioner, provided that the director affirmatively finds full compliance with all other provisions of this part, and that full compliance with provisions of this section is technically or economically infeasible.
4. (4) The petitioner shall be notified of the director’s decision within a reasonable time.