Sec. 214.10. Exceptions

(a) Upon written application by a source owner to the office which issues the certificate to operate for that source, the commissioner may apply less stringent emission standards than required by this Part for any existing by-product coke oven battery, if the source owner demonstrates:

(1) that the less stringent emission standards will not result in or contribute to the violation of any ambient air quality standard;

(2) the required costs of controls are unreasonable because of plant age, location or process design;

(3) the physical impossibility of installing necessary emission control equipment; or

(4) other factors specific to the emission source that make application of the standard unreasonable.

(b) A source owner required to comply with the coke pushing and transport emission control requirements specified in section 214.4(a) of this Part may be exempted from such requirements upon the acceptance by the commissioner of an alternative emission reduction plan submitted to the office which issues the certificate to operate for that source by the source owner. The plan shall become effective upon approval by the Environmental Protection Agency. In order for such a plan to be acceptable, the following requirements must be met:

(1) a complete emission inventory for all coke-making sources must be included in the alternative emission reduction plan which show no net increase in coking emissions; and

(2) air quality dispersion modeling must show that the submitted coke-making inventory, when modeled in place of the plant's coke-making emission inventory in the State implementation plan, will show attainment of the air quality standards off-plant property.

(c) Any source owner subject to the opacity requirements of section 214.4(b) or 214.6(a) of this Part may apply in writing to the office which issues the certificate to operate for that source and will be granted an equivalent opacity if either of the following conditions are met:

(1) if the source owner can demonstrate through tests done in compliance with Part 202 of this Title that the source is in compliance with all applicable emission requirements other than the opacity standard and that the source and any associated emission control is being operated and maintained in a manner to minimize the generation of visible emissions; or

(2) the source owner has obtained approval for an alternative emission reduction plan under subdivision (a) or (b) of this section which covers the source for which equivalent opacity is desired.

(d) Any exception granted under this section must be incorporated in an enforceable legally binding agreement between the source owner and the department.