606 VISIBLE EMISSIONS

606.1 Except as otherwise provided in this subtitle, 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 this subtitle, 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.606.3 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.606.4 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.606.5 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.606.6 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.606.7 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.606.8 Whoever shall violate any provision of this section shall suffer the criminal sanctions prescribed in § 105; Provided, that, where the violation is shown by the discharger to be the result of simple negligence, no criminal sanction other than a fine not exceeding one thousand dollars (\$1,000) and not less than one hundred dollars (\$100) shall be imposed.

606.9 In the event of any violation of, or failure to comply with, this section, each day of the violation or failure, shall constitute a separate offense and the penalties described shall be applicable to each separate offense. As used in this section, simple negligence does not include the following:

(a) Willful and wanton actions leading to violations of the requirements of this section; and

(b) An extreme want of care and regard or an indifference for the duty to comply with the requirements of this section.

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).