1The 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 4240 C.F.R. 51.100(ii), 45as adopted and incorporated by reference in Rule 5362-204.800, 54F.A.C., or by any other dispersion technique, as provided in 6440 C.F.R. 51.100(hh), 67as adopted and incorporated by reference in Rule 7562-204.800, 76F.A.C. 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 13562-212.400136and 13762-212.500, 138F.A.C., or 14040 C.F.R. 52.21, 143were carried out after December 31, 1970. This provision shall not restrict in any manner the actual stack height of any emissions unit.
