The degree of emission limitation required of any emissions unit for control of any air pollutant on a continuous basis shall not be affected by so much of any emissions unit’s stack height that exceeds good engineering practice, as provided in 40 C.F.R. § 51.100(ii), as adopted and incorporated by reference in Fl. Admin. Code R. 62-204.800, or by any other dispersion technique, as provided in 40 C.F.R. § 51.100(hh), as adopted and incorporated by reference in Fl. Admin. Code R. 62-204.800 This provision shall not apply to those stacks in existence, or dispersion techniques implemented, on or before December 31, 1970, except where pollutants are being emitted from such stacks or using such dispersion techniques by emissions units, as defined in section 111(a)(3) of the Clean Air Act, which were constructed, or reconstructed, or for which modifications under Rules 62-212.400 and 62-212.500, F.A.C., or 40 C.F.R. § 52.21, were carried out after December 31, 1970. This provision shall not restrict in any manner the actual stack height of any emissions unit.
Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History-Formerly 17-2.270, 17-210.550, Amended 11-23-94, 7-3-18.